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LUTC PKT 11-03-2003November 3, 2003 5:30 pm City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETING AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the September 29 and October 20, 2003, meetings PUBLIC COMMENT (3 minutes) BUSINESS :ITEMS Resolution Approving/Confirming the Assessment Roll for Steel Lake Management District #1 B. Northlake Annexation Action Ryan-Connelly/lO min Action McClung/lO min FUTURE MEETINGS/AGENDA ITEMS ADJOURN Committee Members Eric Fa/son, Chair Dean/qcCo/9an Michael Park City Staff Kathy McClung, D/rector, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 September 29, 2003 5:30 p.m. City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETING MINUTES In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan and Councilmember Michael Park; Mayor Jeanne Burbidge, Council Member Linda Kochmar; City Manager David Moseley; Community Development Director Kathy McClung, Public Works Director Cary Roe; Management Services Director Iwen Wang, Deputy City Attorney Karen Kirkpatrick; Street Systems Manager Marwan Salloum; Senior Planner Margaret Clark; Surface Water Manager Paul Bucich; Streets Systems Engineer John Mulkey; Associate Planner Rox Burhans; Contract Planner Janet Schull; Administrative Assistant Krystal Kelsey. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:27 pm. 2. APPROVAL OF MINUTES The summary minutes of the August 4, 2003 meeting were approved as presented. PUBLIC COMMENT J.D. Lee of Lee and Associates, representing Ick Kim, a property owner on South 333rd Street spoke regarding raised medians and a perceived lack of access to businesses and homeowners in the area. Mr. Lee requested that the Committee and Council consider median breaks along the SR 99 corridor, providing left turns into and out of businesses and side streets. Mr. Lee contends his client did not understand there would be no left turns during the public comment phase of this project. Mr. Roe responded that during the public comment phase (including several open house forums, meetings, and public outreach efforts via mail) that raised medians would be'implemented on this project. Mr. Roe will be preparing a comprehensive memorandum to the City Manager and the Council explaining the rational for raised medians, and the differences between medians for the Phase I and Phase II projects. Phase I provided median breaks at only three locations, Ross Plaza; Pavilion Center, and SeaTac Village, with clear criteria for such breaks. Mr. Roe will have the memorandum prepared for inclusion in the October 20, 2003 LUTC agenda. Ms. McClung read into record a letter by Ron Gintz expressing his strong support for changing sign regulations for freeway-oriented businesses. Mr. Moseley read into the record a letter from the Homeowner Association Board of Regency Woods supporting consideration of the annexation process for Federal Way. 4. BUSINESS ITEMS A. Selection Process for Changes to the Development Regulations - Contract Planner Janet Schull gave an oral presentation following the materials provided in the Committee agenda packet. Staff recommends that the LUTC recommend to the full City Council to not select the proposed zoning text amendment for further study. Denise Hammel, the attorney representing the Irmas Charitable Foundation expressed her support for changes to the regulations, as it would provide her clients the means to continue their philanthropic work. Currently, the Foundation feels they are unable to sell their property because of current permitted uses. Gil Hulsman of the Abbey Road Group presented to the Committee a Zoning Text Amendment Packet which included information on new, more aesthetically-pleasing mini-warehouse storage facilities. Mr. Hulsman stated that this zoning change would benefit many multi-family residents who currently have limited storage facility available to them. Also, the K:\LUTC Agendas and Summaries 2003\September 29, 2003, LUTC Minutes doc new storage facilities provide office space at the front of the business. Mr. Hulsman asked that staff again review their request and the options available in terms of the new, joint-use facilities. Bob Burton, of Kennedy Wilson, reported to the Committee that the land has been vacant since 1979. Mr. Burton has been actively pursuing a user for this property for four years. Most inquiries he receives are from parties interested in building a mini-storage facility. The next most predominant inquiries are from churches asking for donation of the land. Lastly, truck drivers wanting to park large trucks and espresso stand owners have also expressed interest. Mr. Burton stated that the property is reasonable priced based on market research, but without zoning changes, it will continue to stand vacant. The Committee recommended to the full City Council to include this request in the comprehensive review of the Neighborhood Business Zone in 2004. B. Year 2003 Asphalt Overlay Project AG #03-045 - Final Project Acceptance and Retainage Release - This project is complete. The final construction amount is $1,886,375.69 which is $376,299.81 below budget (including contingency). The Committee voted to place final acceptance of the 2003 Asphalt Overlay Program and Retainage Release on the October 7, 2003 Council Consent Agenda. C. 2004 Asphalt Overlay Program Preliminary Project List and Authorization to Bid - Mr. Salloum presented the preliminary Project List to the Committee. The estimated total program cost is $1,641,373. The total funding available is $1,305,882. The Committee voted to place approval of the list of streets for the 2004 Asphalt Oveday project, and authodzafion for staff to bid all or part of the project on the October 7, 2003 Council Consent Agenda. D. Weyerhaeuser Way and S 336th Street Roundabout- 100% Design Approval and Authorization to Bid - Mr. Salloum presented the project to the Committee. The estimated project expenditures are $1,121,390. Available funding, including funds from Weyerhaeuser, total $1,053,420; creating a budget shortfall of $67,970. Mr. Salloum recommended that staff take the project out to bid. If the project comes back under budget, staff will retum to LUTC for award authorization. If the project comes back over budget, staff will return to LUTC for consideration of a budget adjustment. The Committee voted to place this item on the October 7, 2003 Council Consent Agenda. E. Ordinance to Create Steel Lake Management District Number One - Mr. Bucich noted a correction on the Memorandum to LUTC; the date of the public headng should read November 18, 2003, not November 14. The Committee voted to place the passage of the ordinance on the October 7, 2003 City Council Agenda for consideration. The Committee also voted to place setting a public headng date for November 18, 2003 for public comment on the assessment roll for properties within the district on the October 7, 2003 City Council Agenda for consideration. F: Bathymetry Mapping - Mr. Bucich gave an oral presentation to the Committee on the benefits of bathymetry mapping. Also, Mr. Bucich encouraged the Committee to enter into an inter-local agreement with King County to achieve bathymetry mapping at a significant saving to the City. The Committee voted to place approval for an expense of no more than $6,000 for bathymetry mapping on the October 21,2003 Council Consent Agenda. G. 2003/2004 Implementation of Commute Trip Reduction (CTR) Plans and Program Agreement w/WSDOT- The Committee voted to place approval of the 2003/2004 Commute Trip Reduction and Program Agreement with WSDOT on the October 7, 2003 City Council Consent Agenda. H. 2003/2004 Commute Trip Reduction Program; Professional Services Agreement with King County Metro - The Committee voted to place approval of the 2003/2004 Commute Trip Reduction and Program with King County on the October 7, 2003 City Council Consent Agenda. I. Presentation on Annexation Issues - Based on a conversation she had with a property owner at the front counter this week, Ms. McClung noted that bad information continues to circulate amongst property owners following the open house held last week. Ms. McClung asked the Committee if there were any questions on the PAA Study; there were none. Ms. McClung then gave an overview of the remaining areas under consideration for annexation. Ms. Wang distributed a financial analysis for the 2003 proposed annexation. Ms. Wang noted that there were two methods for compiling the information, the first method used a pro-rated formula based on existing operating costs, which resulted in an overall per capita operating revenue subsidy of $136. The second method was to evaluate a specific need based on the characteristics and demographics of the area, resulting in an overall per capital operating revenue subsidy of $12. I~:\LUTC Agendas and Summaries 2003~September 29, 2003, [_UTC Minu~es doc Chair Faison recommended that the Committee not move forward with consideration of the Northlake annexation area. Chair Faison will be meeting with residents of Northlake next week, and will be better prepared to make a decision following this meeting. Frank Evans of Kenmore Lanes in the Redondo-East area spoke on behalf of annexation. Mr. Evans presented a letter to the Committee outlining his opinion that re-opening the Sportsworld complex in the PAA would bring a significant gambling tax revenue to the City. Mr. Evans would like to City to consider reducing the gambling tax. Deputy Mayor McColgan asked Ms. McClung to outline any advantages of annexation to current Federal Way residents, given the subsidies that would be incurred. Ms. McClung answered that citizens in the annexation area would be served by a local government, rather than a more removed, county government. The City is able to provide better and faster service to citizens in the PAA, and it is cheaper for the City to provide those services than for the County. Deputy Mayor McColgan asked Ms. McClung to clarify the benefits, if any, to existing residents rather than to residents of the PAA. The response was that permitting for these areas would be controlled by the City, which ensures that there are no negative effects from differences between the County's permitting requirements and the City's. Furthermore, Ms. McClung feels that a higher population gives more weight to the City for regional issues. Mr. Burhans stated that residents in the PAA currently use Federal Way as their City. They shop here, use the City's parks and recreation resources, facilities, etc. There is a benefit to treat these citizens as residents of Federal Way and to encourage more involvement in the economy of Federal Way. Ms. McClung further expanded on the topic of permitting by clarifying that by controlling the permitting process, the City would be able to directly control development in those areas and the subsequent effect to the City, including environmental impacts and sprawl. Chair Faison stated that the PAA is currently under-served by the County Sheriff's Department, potentially leading to an increased cdme rate which passes City boUndaries and to the City. Furthermore, there are substantial areas of vacant land. The County allows for smaller lot sizes than the City, creating greater density. The City should act now so that density can be controlled, rather than inheriting a higher density area at a later date. Councilmember Park noted that with Kent's recent annexation, they have surpassed the City of Federal Way in terms of population. Furthermore, he expressed now that the infrastructure problems have been solved in the PAA, there is no excuse to not take on these new areas. Councilmember Park asked Mr. Roe for the cost to maintain the streets in the PAA and for any additional funds not idenfified by Ms. Wang. Mr. Roe responded that there is not enough detail in the current study to provide an exact figure for maintaining the streets. However, the quality of the streets is not up to current standards, including sidewalks, street lights, paving quality, etc. These streets are more rural in nature and significant updates to the infrastructure would be required. Mr. Burhans stated that the parks and recreation areas also need to be taken into consideration. Deputy Mayor McColgan asked for the amount of undeveloped land in the Parkway area. Mr. Burhans replied that the area is mostly residential and largely developed. Councilmember Park asked for a revenue analysis of the Redondo East area, and specifically for the cost of Public Safety and the 60% discrepancy between the two methods used to calculate the annexation analysis. Ms. Wang answered that the total cost includes FTE, court and dispatched calls for service. Deputy Mayor McColgan asked about the difference in public safety costs in residential vs. commercial areas. Ms. Wang replied that the analysis did not reflect a difference. Deputy Mayor McColgan stated that the authors of the PAA study noted a 25% distinction between residential and commercial areas. Councilmember Kochmar inquired about the gambling tax estimate and whether or not there is a card room in the area. Mr. Burhans answered that there are only pull tabs, no card rooms. Councilmember Kochmar asked at what point staff increases are triggered when considering a 20,000 increase in population. Ms. Wang answered that when workload begins to change. Regardless of an annexation, an increase in workload ddves addition of staff; an example would be with permits. As permits increase, it is possible that staffing would also be increased. Annexation of a large population of people does not alone tdgger an increase of staff. Deputy Mayor McColgan inquired about the cost of an annexation election. Ms. McClung answered that the estimated cost is $2.00 per registered voter, based On information from the King County Records and Elections office. K:\LUTC Agenda~ and Summaries 2003~Septernbcr 29, 2003, LUTC Minutes doc Councilmember Park stated that with an election cost of $2.00 per registered voter multiplied by an estimated 1,100 citizens for a total election cost of $2,200 would be worthwhile. Deputy Mayor McColgan voted against the PAA as he stated he is unsure of the benefit and advantage to current Federal Way residents while a clear disadvantage of $226,000 exists. Staff stated that the cladfied cost is $58,000 based on the second method used in the 2003 Annexation Analysis. Deputy Mayor McColgan disagrees with the costs represented in the spreadsheet. Councilmember Kochmar wants to encourage Regency Woods to use the petition process. Councilmember Kochmar is unsure of the cost of annexation, and feels that current residents should not be burdened with the cost of annexation. The Committee agreed to not act on the Nodhlake area until after Chair Faison's meeting with the residents next week. The Committee voted to direct staff to prepare a resolution for adoption by the Council to enter into negotiations with King County over an Intedocal agreement for the annexation of the Redondo East area. The Committee further voted to direct staff to prepare a resolution for Council adoption at the October 21,2003 meeting to put the Regency Woods area annexation on the next available election. H. Changing Sign Regulations for Freeway Oriented Businesses - Deputy Mayor Mccolgan discussed the benefits of encouraging growth by appropriate signage. Ms. McClung discussed a tentative idea for creating a new zone such as "Freeway Commercial". Deputy Mayor McColgan moved to add this item to the Community Development Work Plan and Planning Work Plan. Councilmember Park seconded. Chair Faison asked for cladficafion; do they want the work on the 2003 Work Plan or for 2004. Chair Faison suggested the 2004 Work Plan as the 2003 Work Plan is already full and the year is almost over. The Committee voted to address pdoritization of the 2003 work plan at the October 20, 2003 LUTC meeting. FUTURE MEETINGS The next meeting will be October 6, 2003. Future meeting agenda items include the Quadrant Cluster, 51st SW Storm Mainline Replacement, 100% Design Approval for Stormline Replacement Project and a GIS Mapping update. ADJOURN The meeting adjourned at 7:55 p.m. K:kLUTC Agenda~ and Sun~maries 2003~¢ptcmber 29, 2003, LUTC Minutes.doc October 20, 2003 5:30 p.m. City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETING MINUTES In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan and Councilmember Michael Park; Council Members Linda Kochmar and Jack Dovey; City Manager David Mosely; Director of Community Development Services Kathy McClung; Director of Public Works Cary Roe; Management Services Director Iwen Wang; Deputy Public Works Director Ken Miller; Surface Water Manager Paul Bucich; Traffic Engineer Rick Perez; Senior Planner Margaret Clark; Deputy City Attorney Karen Kirkpatrick; Contract Planner Janet Schull; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:31 pm. The committee voted to change the order of the agenda. Items 14, G, and F, respectively, were discussed prior to items A-E. PUBLIC COMMENT Charles Gibson, representing the fifty-four members of the Northlake Community Club, spoke for his group and asked that the Northlake area be included in any annexation initiatives set forth in the near future by the City. He added that services are already provided by Federal Way and King County demonstrates ever-diminishing resources. 3. BUSINESS ITEMS A. FWSD Capital Facilities Plan and Proposed 2004 School Impact Fee - The City received the Federal Way School District Capital Facilities Plan with the proposed school impact fees for the City's annual review and adoption. The new fees, effective January 1, 2004, are $3,269 per single-family unit and $940 per multi-family unit. This a $625 or 16% decrease from the $3,894 single-family rate; and $154 or 14% decrease from the $1,094 multi family rate. The Committee voted to recommend the City Council approve the new school impact fees at its November 4, 2003, meeting. B. Resolution Authorizing Federal Way to Participate in the Regional Hazard Mitigation Plan of King County- Federal Law mandates that all States, Counties, Cities, Special Purpose Districts and Native Tribes develop a Hazard Mitigation Plan by November 1, 2004, in order to qualify for future grant funding supporting hazard mitigation initiatives. The mission of the plan is to reduce the impact of natural, technological and human caused disasters upon the communities within King County. Future phases will include review of additional vulnerabilities as well as continued efforts to update the Mitigation Plan. The Committee voted to recommend the City Council approve the resolution authorizing participation in the Regional Hazard Mitigation Plan of King County at its November 4, 2003, meeting. C. SW 323rd Street/SW 320th Street Crosswalk Relocation - The Committee recommended approval to the City Council at its November 4, 2003, meeting for the relocation of the existing crosswalk across SW 320th Street at SW 323rd Street intersection to approximately 430 feet to the east with required pedestrian refuge island, signage, pavement markings and curb ramps. D. Lakota Creek Restoration Project - 85% Design Approval - This project would restore approximately 4,630 lineal feet of the west branch and mainstem of the Lakota Creek from South 320th Street downstream to the upstream end of the Lakota Wastewater Treatment Plant. The restoration activities of the project include placement of log structures, placement of streambed gravel, removing fish passage barriers, stabilizing the channel and stream bank, creating an off-channel pool, channel realignment and restoration, and revegetation. The Committee voted to recommend to the City Council at its November 4, 2003, meeting to authorize Surface Water Management (SWM) staff to proceed with design of the Lakota Creek Restoration Project and return to the LUTC Committee at the 100% design completion stage to proceed with the bid; and authorized SWM staff to continue negotiations for necessary easements and return to Council for authorization to execute easements. E. Lakota Wetland Regional Pond Improvements Project - 50% Design Approval - This project consists of increasing a continuous berm adjacent to the Lakota Wetland Regional Pond and installing a new outlet control structure The Committee voted to recommend to the City Council to authorize Surface Water Management (SWM) staff to proceed with design of the Lakota Wetland Regional Pond Improvements Project and return to the Land Use K:\LUTC Agendas and Summaries 2003\October 20. 2003, LU1-C Minutes doc Transportation Committee at the 85% design completion stage for further reports and authorization; and authorize SWM staff to proceed with acquisition and negotiations on the two private parcels and return to Council for authorization to execute a purchase and sale agreement. F. 2003 Comprehensive Plan Amendments Selection Process - In September 2002, the City received four site- specific requests for changes to Comprehensive Plan designations and zoning, and one request to delete a future road from the Federal Way Comprehensive Plan. The individual Comprehensive Plan Amendments were discussed for the Trimble, Velasco, Lee, Kirk/Nelson, and Quadrant properties. Dennis Holt of Holt and Associates, Inc., in Kent spoke in favor of the Kirk/Nelson property Comp Plan amendment and zoning change; Wally Costello of the Quadrant Company spoke in favor of the deletion of the future extension of Weyerhaeuser Way from the Comp Plan. Each issue invited lively Committee debate. The Committee agreed unanimously on the Quadrant request going forward based upon a Transportation Impact Analysis that would support the elimination of the northerly extension of Weyerhaeuser Way South. Votes taken on the remaining four parcels supported the staff recommendation that the requests not go forward for further consideration, although Committee opinions were split. The Committee's recommendations were forwarded to the City Council for discussion at their November 18, 2003, meeting. G. Raised Medians Along SR99 Corridor - Raised medians add safety for both motorists and pedestrians. Medians keep traffic flowing better and reduce accidents by limiting left-hand turns. As Phase II of Highway #99 proceeds, the rd rd plans indicate that no lefts would be allowed at South 333 Street. The stretch of roadway from South 333 Street to South 336th Street has historically recorded a high number of accidents and DUIs because there are too many left turns and no traffic control lights. J. D. Lee, of Lee and Associates, representing Ick Klm, a property owner on South 333rd Street, spoke supporting safety concepts of medians, but questioned why Ross Plaza has left turn access and not South 333rd Street. The discussion was tabled to a later Land Use Transportation Committee meeting to give staff, council and businesses time to gather more information. H. Northlake Annexation - The most recent meeting of the Northlake Community Club was attended by City staff. Northlake, bordered by the Weyerhaeuser property, South 320th Street and Highway #18, has shown positive response to annexation to the City of Federal Way. Staff reported that as this effort moves forward and lessons are learned regarding the process, there may be some delays. Currently, the legal description of the Northlake area has been sent out to be written by a surveyor. The Committee discussed possible capital improvements to be made to annexation areas. The PAA study did not look at pavement condition. Looked at were streets, gutters, and sidewalks. It may remain the choice of the Council not to bring newly annexed areas to the same standard as the rest of the City. Those neighborhoods affected may not expect such upgrades, either. This issue was tabled to the next meeting of the Land Use Transportation Committee on November 3, 2003. FUTURE MEETINGS The next scheduled meeting will be November 3, 2003. ADJOURN The meeting adjourned at 7:50 p.m. K \LU'IC Agendas and Stmunarics 2003\Oc obc 20. 2003, I J 'C M nulcs doc CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: October 21, 2003 Eric Faison, Chair Land Use and Transportation Committee Leslie Ryan-Connelly, ESA/NPDES Coordinator"~_~[-~'-~''' David H. M~nager Resolution Approwng and Confirming the Assessment Roll for Steel Lake Management District Number BACKGROUND: In April 2003, residents representing 25 parcels adjacent to Steel Lake submitted a petition to the City Council requesting the city create a lake management district for Steel Lake. The residents' petition included a scope of activities, budget and rate structure for the proposed district. On May 6, 2003, the City Council passed Resolution Number 03-384 declaring its intent to form Lake Management District Number One for Steel Lake. On June 17, 2003, the city council conducted a public hearing for the purpose of accepting testimony in support of and in opposition to the creation of Lake Management District Number One. On July 1, 2003, the City Council passed Resolution Number 03-386 submitting the question of creating Lake Management District Number One to the property owners within the proposed district. There were 5,963 votes in favor of creating the lake management district and 170 votes against. In response to a simple majority of voters approving creation of a lake management district, an ordinance creating Lake Management District Number One for Steel Lake was approved by the City Council on October 21, 2003. The City Council also scheduled a public hearing on the assessment roll for the district at its November 18, 2003 meeting. The public hearing is an opportunity for affected property owners to present objections to the proposed assessment roll. This is an opportunity to confirm that the assessment rates previously approved by the City Council are accurately applied to each parcel in the district. Objections must be made in whting and submitted to the City Council before the public hearing. RCW 36.61.120 and 130 calls for the City Council to adopt a resolution confirming the assessment roll for the district. The attached resolution completes this action and includes the assessment roll as an attachment to the resolution. After the November 18, 2003 public hearing, the City Council can decide whether to accept the assessment roll as presented, modify and approve it as a result of hearing objections, or reject the assessment roll entirely. If the City Council increases any special assessment or includes additional properties into the district, a new public hearing must be held. k:\lutc\2003\1103 res steel lake assesment roll.doc 11-03-03 Land Usc & Transportation Committee Resolution Approving and Confirming the Assessment Roll for Steel Lake Management District No. 1 RECOMMENDATION: Staff recommends placing thc t'ollowing item on thc November 18, 2003, City Council agenda for consideration following the public hearing on thc Steel Lake Management District assessment roll: · A resolution approving and confirming the special assessment roll for Lake Management District No. 1 for Steel Lake. ~P~VAL OF COMMITTEE REPORT: Dean McColgan, Member Michael Park, Member cc: Project File Day File K:\LUTCL2003\1103 RES Steel Lake Assesment Roll.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND CONFIRMING TIlE SPECIAl. ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NO.1 FOR STEEL LAKE. WHEREAS, on October 21, 2003, the City of Federal Way adopted Ordinance No. XXX creating a lake management district known as Steel Lake Management District No. 1 ("District"); and WHEREAS, notice and hearing requirements for establishing the roll of rates and charges for the District pursuant to RCW 36.61.120 and RCW 36.61.140 have been satisfied; and WHEREAS, the City of Federal Way conducted a public hearing on November 18, 2003 for the purpose of hearing objections to the assessment roll proposed for Steel Lake Management District No. 1; and WHERAS, after consideration of the assessment roll, the City Council has determined to order the roll confirmed as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Assessment Roll Confirmed and Approved. The City Council of the City of Federal Way hereby confirms and approves the special assessment roll attached hereto as Exhibit "A" and by this reference fully incorporated herein. A copy of the assessment roll shall be filed with the City Clerk. Section 2. Method of Payment. Rates and charges for the Steel Lake Management District No. 1 shall be included in King County's local improvement district tax statements. The Res. # Page 1 total amount of the Steel Lake Management District No. 1 rate and charge shall be due and payable on or before the 31st day of May and shall be delinquent after that date. Payments received after the due date will be subject to a simple interest charge of 12 percent per annum (or 1 percent per month). Section 3. Notice. (a) In accordance with the procedures set forth in RCW 36.61.190, the City shall cause to be published in a newspaper of general circulation in the lake management district a notice indicating that the special assessment roll has been confirmed and that the special assessments are to be collected. (b) Within ten (10) days of such publication, the City shall mail notice to each owner or reputed owner of property whose name appears on the special assessment roll of the annual special assessment due. Section 4. Severabilit¥. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,2003. CITY OF FEDERAL WAY Res. # Page 2 ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: PATRICIA A. RICHARDSON, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res. # Page 3 Steel Lake Management District No. 1 Assessment Roll EXHIBIT A Res. # Page 4 Steel Lake Management District No. 1 Assessment Roll Property Owner Vernette Johnson Address !2011 g ~04th St Parcel Number 053700 0020 Annual assessment in dollars) 85 85 Approximate ~ acreage 0.31 0.11 Arline Cook 2017 S 304th St )53700 0030 Marlo Galliano and Ron Luciano 2021 S 304th St 053700 0035 85 0.11 Gary and Brenda Holt 2027 S 304th St )53700 0040 85 0.18 Tracy Farmer 2033 S 304th St 053700 0049 85 ~ 0.22 2039 S 304th St 053700 0055 85 0.32 85 0065 2047 S 304th St 0.35 2103 S 304th St 0075 85 ~ 0.21 2107 S 304th St 0080 85 ~ 0.18 2111 S 304th St 0085 ! 85 ~ 0.21 2115 S 304th St 0090 85 0.23 0095 30 0.22 0100 0110 053700 053700 )53700 053700 053700 053700 053700 Michael Gnoinsky 'ack and Jayne Lewis Paul and Barbara Lobdell Mary Aldrich Lloyd and Barbara Anderson David and Doris Wilson Barbara Summers Jerome and Kathleen Koch John and Susan Pearson Mark and Toni Kuciemba Marvin Osterhout William Jackson Deborah Spurgeon Deborah Spurgeon Mary Legas Charles and Barbara Purdom Fairrel and Phyllis Tackett no site address 2207 S 304th St 0115 2215 S 304th St 053700 2219 S 304th St 053700 2225 S 304th St 2231 S 304th St 053700 0120 053700 0130 053700 0135 2301 S 304th St 2313 S 304th St I 85 0.29 85 0.26 85 85 85 0.29 0.49 0.27 85 0.24 2301 S 304th St 053700 0141 30 0.10 2309 S 304th St 053700 0145 85 0.29 053700 0150 85 0.25 85 053700 0155 0.29 053700 0160 85 0.26 85 2317 S 304th St Glenn and Lorraine Spalding .. 2321 S 304th St Arthur and Dalene Bender 2325 S 304th St Lee and Linda Currey . 2329 S 304th St Jack and Mary Ann Porter 12256 S 308th St 053700 0165 053700 0170 027 85 0.25 Approximate lake frontage (in feet) 127.6 67.8 48.9 60.8 68.8 83.2 80.0 46.9 42.2 49.3 47.1 66.5 62.8 39.1 aa.8 78.3 44.7 41.2 17.2 45.1 37.9 43.7 41.3 41.3 37.2 38.6 053700 0175 85 0.20 10/22/2003 Page I Steel Lake Management District No. 1 Assessment Roll Annual ~ ,assessment Approximate Approximate lake Property Owner__ Address Parcel Number ( in dollars)..... ~.c[e_afle_ .... ! frontage ~in f~et)___ Roderick Beltran and Dany Sun 2250 S 308th St 053700 0180 85 0.21 39.6 Terry Shipp and Connie Raber 2246 S 308th St 053700 0185 85 0.21 i ..... ~5~1 Robert Armstrong 2240 S 308th St 053700 0190 85 0.20 i Eleanor Bennitt 2238 S 308th St 053700 0195 85 0.20 ' 41.5 Donald and Mary Ellen Hamblin 2230 S 308th St 053700 0200 85 0.18 James and Ramona Cassady 2226 S 308th St 053700 0205 85 0.21 -t 42.7 ~ 48.7 Banh Trinh 2222 S 308th St '053700 0210 85 0.20 i 40.0 Edwin and Marcia Weaver 2218 S 308th St 053700 0225 85 0.41 -- --1'-- 85.6 Robert and Maxi? Sowders 2214 S 308th St 053700 0230 85 0.41 ' - 81.i Joan Yazzolino 2210 S 308th St 053700 0240 85 0.21 ' 41.0 Patrick McDonnell 2206 S 308th St 053700 0245 85 0.23 ~ 49.1 John and Deborah Lon~ ........... 2204 S 308th St 053700 0250 85 0.18 ~ 38.9 Leanna Gray McLeod 2200 S 308th St 053700 0255 85 0.19 ~ 48.0 Robert Ratcliff ............... ~2058 S 308th St 053700 0260 85 0.32 '[ ........ ~5~-~ .... Janet Sheppard 2054 S 308th St :053700 0270 - 85 0.20 i 45~ John and Debbie O'Neal 2050 S 308th St 053700 0275 85 0.20 ...... i .... ~41.6 ...... Phyllis Masey 2046 S 308th st 053700 0280 85 0.19 i 40.6 Margaret Fohn 2042 S 308th St 053700 0285 85 0.21 ~ 42.1 Charles and Lorraine. Schukar 2034 S 308th St 053700 0290 30 0.11 ! 27.6 i Margaret Fohn 2042 S 308th St 053700 0291 30 0.12 ~ 23.3 Charles and Lorraine Schukar 2034 S 308th St 053700 0295 85 0.21 [ 46.9 Charles and Lorraine Schukar 2034 S 308th St 053700 0300 30 0.22 ~ 42.1 Gary and Lola Doxon 2026 S 308th St 053700 0305 85 0.27 ! 47.1 Zalmai Zahir 2022 S 308th St 053700 0310 85 0.27 ~t 43.4 Greg0ria Hooks 2018 S 308th St 053700 0315 85 0.27 ] - 41.0 Janice Panter and Randy Parrott 2014 S 308th St 053700 0320 85 0.27 .... ~ 40.3 10/22/2003 Page 2 Steel Lake Management District No. 1 Assessment Roll Property Owner Martin and Darcy Neubauer Jeffrey and Debbie Stokes Eric Wilburn William Linehan Ad_~ress 12010 S 308th St 2006 S 308th St 2000 S 308th St [2417 S 304th St In Sil Kim 1859 S 304th St City of Federal Way ..... no site address 'arcel Number 053700 0325 053700 0335 053700 0340 ~092104 9002 !092104 9012 092104 9026 Annual ~ assessment Approximate (~n~~ acreage 85 0.28 85 0.31 85 0.33 85 0.34 85 : 2.22 2048 Sang Rosenberg Theodore Reyhner David Gaither Pedero and Chin Domingo Leo and Lisa Heider Mrythalyne Thompson Iack and Maureen Maier Peter Caisse 2661 S 304th St 092104 9058 .... _8_5_.._ ( ...... 9._28 2435 S 304th St 092104 9059 ___~_5 __~ ?72 _n._o_?it_e__ad_dr_e_ss_ ............. 092104 9060 30 0.31 2629 S 304th St .... 092104 9061 85 0.2__3 2451 S 304th St 092104 9062 85 0.41 30421 28th Ave S 092104 9063 85 0.15 -5-673- S 3~4t~h-S~ ...... 092104 9064 8~ '] .... ~7~)- 2423 S 304th St 09210d'~0-6-~ ........... ~ 0.30 Brian and Patricia Owen 2427 S 304th St John and Nancy Hixson 30415 S 28th Ave S Mark Barrett and Kelly Rae ~ie~en - 2529 S 304th St 092104 9069 092104 9070 092104 9071 Sue Marsh 30527 28th Ave S 092104 9072 Rick Heigh 2623 S 304th St ~092104 9073 Nicholas Harwood no site address 092104 9074 ~ Marianne Hammes and Heidi Batten 2619 S 304th St 092104 9076 85 0.30 Marc and Sandy Thompson 2609 S 304th St 092104 9077 85 0.34 092104 9078 85 0.30 85 0.24 85 0.39 85 0.19 85 0.28 30 0.34 2605 S 304th St 092104 04 Glenn and Sandra Madden Gerald and Lisa Tisdel 0.37 85 Monte Decker 30511 28th Ave S Edward and Elaine Haeseker 2637 S 304th St 2613 S 304th St 092104 9079 85 0.32 9080 [ 85 0.14 9081 85 i 0.25 Approximate lake frontage (in feet) 71.9 62.8 51.8 5.0 330.1 873.9 53.0 109.5 50.8 60.3 55.2 75.7 55.0 49.0 49.6 45.9 52.6 115.8 60.5 57.6 52.8 63.7 55.4 54.3 79.8 117.5 10/22/2003 Page 3 Steel Lake Management District No. 1 Assessment Roll Annual ~i ii I assessment Approximate Approximate lake Property Owner .... Addres_ s Parcel Number ] (.in dollars) acreage I .frontal~e (in feet) Douglas and Mary McLaren 2649 S 304th St 092104 9082 85 0.32 ~ 118.4 :Suzanne Wong no site address 092104 9092 30 0.047 ...... 36.0 Gary Downing and Jeffrey Munch 1902 S 308th St. 092104 9104 85 0.43 37.0 Richard and Corinne Baklund 2433 S 304th St 092104 9108 85 0.33 54.6 Village at the Lake LLC 30602 Pacific Highway S 092104 9124 I 275 5.48 393.1 Mark and Meschell Miloscia 30720 19th Ave S ,092104 9144 85 0.36 45.3 Frank and Mary Lou Bartenetti 30637 28th Ave S 092104 9181 85 0.63 - 107.1 Brett and Claudia Hall 30445 28th Ave S 092104 9184 85 0.07 --i 42.2 Donald and Junae Nack 30803 28th Ave S 092104 9188 85 0.86 [ 52.8 ?ank Spane 30623 28th Ave S 092104 9195 85 -- 0.40 ..... i ..... 75.3 Terhi Johnson 30605 28th Ave S 092104 9202 8~ ..... 0.~-~~ '- ]' '~ 1-09.0 - - John Dobson 30643 28th Ave S 092104 9229 85 0.71 --4 110.4 Peggy Fuller 30419 28th Ave S 092104 9237 85 0.19 61.2 Michael Shawgo and Susan Richte 30609 28th Ave S 092104 9244 85 0.27 49.1 Frank Spane 30623 28th Ave S 092104 9246 30 0.05 21.4 Ralph Lewis 30617 28th Ave S 092104 9263 85 0.34 [ 71.4 A Judd and Jeanne Haverfield 30619 28th Ave S 092104 9264 85 0.29/ 76.3 Norman and Mildred Kachman 30535 28th Ave S 092104 9275 85 0.20 ! 78.9 Timothy and Diane Jenkins 30712 19th Ave S 092104 9281 85 ' 0.40 14.0 Gary and Patricia Bernard 30714 19th Ave S 092104 9282 85 0.44 10.6 Thomas and Elaine Dezutter 30716 19th Ave S 092104 9283 85 0.42 17.1 Elizabeth Lazdins 2515 S 304th St 092104 9301 85 0.31 99.1 State of Washington no site address 798440 0210 3500 0.15 [ 63.5 - 10/22/2003 Page 4 CITY OF ~ Federal Way October 29, 2003 TO: VIA: FROM: SUBJECT: MEETING DATE: MEMORANDUM Eric Faison, Chair Land Use/Transportation Committee (LUTC) David Mose~~nager Rox Burhans, Associate Planner ~ Kathy McClung, Director Response to LUTC Request For Additional Information on North Lake Annexation November 3, 2003 I. Background During the previous October 20, 2003 LUTC meeting, Kathy McClung, Community Development Services Director, provided general information on the unincorporated North Lake Community located in the City's Potential Annexation Area (PAA). This information was related to the size, population, existing land use, and anticipated costs and revenues to provide City public services to North Lake. Additional information was also provided regarding the election method of annexation. The LUTC requested staff prepare additional information regarding the North Lake Community. The LUTC requested information related to likely capital facility improvements that would be required in the North Lake Community, more specific information regarding likely operating revenues and costs to serve North Lake, and a timeline for placing the North Lake Community on a February 2004 election ballot. The following text and accompanying exhibits will address the LUTC request for additional information. II. Election Method Process and Timeline The Election Method, Initiated by Resolution provides a process by which annexation is initiated by Council resolution and is effected by an election of residents living in the area being considered for annexation. The timeline specified in this memo is reflective of staff's current understanding of the Election Method process. The State statute contemplates what appears to be the ideal process for election annexations, that the City will prepare a proposed zoning regulation for the new area so that the regulation will be considered simultaneously with the resolution initiating the election process (RCW 35A. 14.015). In.order to do this, however, the City would have to comply with the requirements in RCW 35A. 14.340 requiring the City to hold two public hearings, at least thirty days apart, on the proposed zoning regulation. Staff has prepared two process alternatives for placing the North Lake annexation on an election ballot. The first process contemplates an alternative method for placing the annexation on the nearest possible election date. The second process contemplates initiating the North Lake annexation after the adoption of the ongoing PAA Study, which is more consistent with the above State "ideal process." The following will outline the two alternative processes. The LUTC directed staffto prepare a timeline for placing the North Lake Community on a February 2004 election ballot. However, based on procedural requirements related to the King County Boundary Review Board's (BRB), Chapter 36.93 RCW, and the minimum number of days an annexation election can be held after Council selection of the election date (min. 60 days), an annexation election cannot be placed on a February 2004 ballot. It appears that the closest possible election date for the North Lake annexation would be April 27, 2004. However, as explained below, in order to make this .timeline, the City would need to initiate an alternative process that may make this an undesirable action. Please refer to Exhibit I for the tentative procedural timeline. Staffwould also need to do additional research in order to verify the submittal deadline for proposed ballot initiatives. First Process Alternative As noted in Exhibit I, in order to meet the deadlines for the April 27ta election date, initially, the City would need to adopt the existing King County Comprehensive Planning and Zoning Map designations already in place for North Lake. The King County designations would be in place for up to one-year from the effective date of the annexation. This one-year time frame will then allow the City to then implement pre-annexation comprehensive planning and zoning designations, possibly through the adoption of the ongoing PAA Study. The City would need to adopt the existing King County designations in order to comply with the initiating resolution requirements, defer the need for the minimum of two public hearings on Pre-annexation Comprehensive Planning and Zoning Map designations, and reduce the completion period of the required State Environmental Policy Act (SEPA) requirements. However, the above process has potential problems that may complicate an annexation. The alternative arrangement described in Exhibit I does appear to have complications, according to the Municipal Research Service Corporation's (MRSC)August 2000Annexation Handbook. The Handbook warns that the adoption of existing King County designations is not specifically authorized by Washington State law. However, it is important to note that several municipalities, including Federal Way, have adopted local code provisions to permit the adoption of existing County designations. The first alternative may also be impractical because City staffwould be administering King County policies and code requirements, and the City Council may be required to adopt the King County Comprehensive Plan, Zoning designations, and/or Code. Second Alternative Process In order to provide a second alternative to avoid the above complications, staffhas created the following tentative timeline that would initiate the annexation election after completion of the ongoing PAA Study. This action will amend the Federal Way Comprehensive Plan to anticipate the annexation areas and establish pre-annexation zoning. Please refer to Exhibit II for the alternative procedural timeline. However, be advised that the timeline for this process is dependent upon adoption of the PAA Study. The PAA Study is tentatively scheduled for adoption in April 2004. Initiating an election method annexation after the adoption of the PAA Study could place the annexation election on the September 16, Page 2 2004 primary ballot. As indicated in the attached flow chart, staffwould need to do additional research on the submittal deadline of proposed ballot initiatives. By initiating the North Lake annexation after the adoption of the PAA Study, the City will have established the pre-annexation zoning and comprehensive planning designations and completed the required SEPA review for the annexation process. In addition, this alternative process will also avoid the above noted complications associated with adoption of existing King County Comprehensive Plan and Zoning designations, policies, and/or codes. Staff recommends that the LUTC proceed with Alternative II that would initiate the North Lake annexation after the adoption of the PAA Study. III. Capital Facility Improvements The North'Lake capital facility improvement information requested by the LUTC was not available at the time of this memo's preparation. Public Works Department staffwill provide the requested in'formation to the LUTC during the November 3, 2003 meeting. IV. Operating Costs and Revenues The North Lake operating cost and revenue information requested by the LUTC was not available at the time of this memo's preparation. Finance Division staff will provide the requested information to the LUTC during the November 3, 2003 meeting. V. Suggested LUTC Recommendation "I move to direct staffto place the North Lake Community annexation on the November 18, 2003 Council agenda, directing staff to prepare a resolution initiating the North Lake annexation by Election Method after adoption of the PAA Study." APPROVAL OF COMMITTEE REPORT Eric Faison, Chair Michael Park, Member Dean McColgan, Member List of Exhibits Exhibit I: Alternative I Flow Chart Exhibit II: Alternative II Flow Chart Exhibit III: October 20, 2003 LUTC Memo From Kathy McClung Page 3 North Lake Election Timeline Alternative I: Adoption of Existing King County Comprehensive Plan and Zoning Designations Council Initiating Resolution: · December 2, 2003 Submit Boundary Review Board (BRB) Notice of Intent to Annex: December 10, 2003 · Subject to 45 day "no action period" Close of BRB No Action Period: February 6, 2004 · Date accounts for additional days for BRB's mailed official response, holidays etc. Council Resolution Establishing Election Date: February 17, 2004 · Election must occur at least 60 days after Council establishes date Annexation Election: April 27, 2004 · Staffwould need to verify the submission deadline for ballot proposals EXHIBIT PAGE \ OF North Lake Election Alternative II: Adoption of Federal Way Pre-Annexation Zoning and Comprehensive Plan Designations Tentative PAA Study Adoption: April 2004 · Adopts City Pre-annexation Comp. Plan and Zoning Designations Council Initiating Resolution: May 4, 2004 Submit Boundary Review Board (BRB) Notice of Intent to Annex: May 10, 2004 · There may be an option that would allow us to submit the Notice of Intent in advance of the Council resolution. · Subject to a 45 day "no action period" Close of No Action Period: July 5, 2004 Date accounts for additional days for BRB mailing of official decision 1 Council Resolution Setting Election Date: July 6, 2004 Election Date: September 16, 2004 · Election date coincides with primary election · Staff would need to verify the submission deadline for ballot proposals EXHIBIT PAGE., 1, OF,. :ITY OF ~ Federal Way EXHIBIT PAGE I OF September 24, 2003 TO: Eric Faison, Chair Land Use/Transportation Committee (LUTC) FROM: VIA: SUBJECT: Kathy McClung, Director of Community Development Services David~anager Potential Annexation Area (PAA) Issues Discussion-North Lake MEETING DATE: OCTOBER 20, 2003 GENERAL BACKGROUND At the September 29, 2003 LUTC meeting an update of the Potential Annexation issues was provided. A motion was passed to forward the Redondo area and the Regency Woods area were forwarded to the full council for consideration. The North lake area was tabled until there was an opportunity to meet with some of the North Lake residents. I have repeated the portion of the September 29~ staff report regarding North Lake and added new information that staff has discovered since that meeting. 1NORTH LAKE AREA Boundaries - The North Lake area is bounded on the north by 320a', on the east by Peasley Canyon Road, on the south by Highway 18, and on the west by the City boundaries. The North Lake Area is approximately 384 acres of which nearly half is developed into residential properties. Another 126 acres is undeveloped, about 100 acres is in utilities and streets, and there is a very small percentage in commercial, office, and open space. Commercial land includes a nursery and gas station. The average assessed value of homes in this area is about $190,000. The 2003 population is estimated at 600. The PAA Study has the following analysis on the North Lake area: "In relative terms, the small North Lake area is likely to come the closet to breaking even. North Lake has taxable property per resident that is more than 50 percent higher than that of the three PAA's combined (Table D4, values that translate into roughly a 20 percent boost in the area's per capita revenues). We also estimate that North Lake will generate lower-than-average demand for public safety services. However, North Lake appears to generate only very low levels of sales tax revenues. On balance, our rough assessment is that even annexation of the North Lake neighborhood would generate net costs in excess of $50 per resident." (Annexation Feasibility Study pp D 4,5.) On October 6, Councilmember Faison and myself attended the Northlake Community Meeting. There were about 15 people attending. Of those, about 10 were strongly in favor of annexation and the remaining were undecided. Options - Thc Geographic Information System analysis of the North Lake area shows that the area qualifies for thc island annexation method by less than one percent. If the Council wishes to actively pursue annexation in this area, the election method by resolution would be the best option, absent property owners that want to facilitate a petition or ballot measure. The estimated cost to put an issue on the ballot is about $2.00 per registered voter. This cost includes legal notices. Since the last LUTC meeting, staff have discovered that a legal description, prepared by a licensed surveyor must be included in any resolution. For all three annexation areas being considered, it will be about $4,000. None of these expenses have been budgeted in this year's budget. The next available election for this issue is in February. Once the legal descriptions for the annexation areas have been prepared, King County has to verify that they are correct prior to the resolution being passed by the Council. King County estimates a week turn around time but there is no guarantee. I have prepared a suggested motion that will bring the issue to the Council at the next available meeting once the resolution can be completed. SuggestedLUTC Recommendation -"I move to direct the staffto prepare a resolution for Council adoption to put the North Lake area annexation on the next available election." EXHIBIT PAGE ,.OF_ Potential Annexation Area Issues Discussion September 24, 2003 LUTC Memo Page 2