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Council PKT 09-17-2013 RegularCITY OF .� Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 17, 2013 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: Mayors Day of Concern for the Hungry ...page 3 b. Emergency Feeding Program c. Certificate of Appointment: Board of Ethics d. Certificate of Appointment: Independent Salary Commission e. Lorax Schematic Design Update (continued from Sept. 5th) f. Lorig Associates Redevelopment Proposal for Former AMC Theatre Site g. Mayors Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 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: September 3, 2013 Special and Regular Meetings and September 5, 2013 Special Meeting—page a b. 2013 -15 Department of Ecology Capacity Grant ... page 20 c. South County Area Transportation Board (SCATBD) Agreement... page 22 d. Historic US 99 Route Markers ... page 31 e. ILA with Lakehaven Utility District for the Design and Construction of S 320th St 20th Ave S Intersection Improvement Water Quality Vault Project ... page 33 The Council may add items and take action on items not listed on the agenda. f. S 320" St at 201h Ave S Intersection Improvements Water Quality Vault Project —100% Design Status Report and Authorization to Bid ... page 42 g. Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave S — S312 th St to S 308th St)— 30% Design Status Report ... page 44 6. COUNCIL BUSINESS a. Application Process for City Commission and Boards ... page 46 b. Tree Lighting Ceremony... page 65 7. COUNCIL REPORTS 8. MAYOR'S REPORT 9. EXECUTIVE SESSION • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. CITY OF .�,,,�..,. Federal Way PROCLAMATION "Mayor's Day of Concern for the Hungry" WHEREAS, we recognize adequate nutrition as a basic goal for each citizen; and WHEREAS, no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, the Multi- Service Center food bank, emergency and hot meal programs, local churches, social service agencies, and hundreds of volunteers are striving each day to stem the rising tide of hunger; and WHEREAS, each Federal Way resident has the ability to impact hunger in their community through donations of food; and WHEREAS, the Emergency Feeding Program of Seattle & King County coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger which will be held at grocery stores throughout King County on Saturday, September 28, 2015. NOW, THEREFORE, we, the undersigned Council members of the City of Federal Way, do hereby proclaim September 28, 2018 as "Mayor's Day of Concern for the Hungry" in the City of Federal Way, and strongly urge all citizens to join the Emergency Feeding Program and the Multi - Service Center to nourish those who are hungry. SIGNED this 17th day of September 2015. FEDERAL WA YAM YOR AND CITY COUNCIL Skip Priest Mayor Jeanne Burbidge, Councilmember Dini Duclos, Councilmember Kelly Maloney, Councilmember Jim Ferrer Deputy Mayor Bob Celski, Councilmember Susan Honda, Councilmember Diana Noble- Gulliford, Councilmember SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the September 3, 2013 Special and Regular City Council Meetings, and September 5, 2013 Special Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeill City erk DEPT: Human Resources _._..._.._ .......... ..............._....._.__...... _ _ ._...._........... _.__._.........._ ........... �..............._ �'_............... ....................__._. —._..— ...__..........._.._...._........._.__._............_............_ _....__.............._.._.. - - -- ,_ _ ... _.._.._ ........... _ .... _.__.... Attachments: Draft minutes from the September 3, 2013 Special and Regular City Council Meetings, and September 5, 2013 Special City Council Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council initial COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BYCITY CLERKS OFFICE, COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING September 3, 2013 www.cityoffederalway.com 5:15 P.M. Hylebos Conference Room- City Hall 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:15 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Diana Noble - Gulliford and Councilmember Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. COMMISSION INTERVIEWS Board of Ethics The Council interviewed one applicant seeking appointment to the Board of Ethics. 3. EXECUTIVE SESSION At 5:35 p.m. the Council and City Attorney adjourned to Executive Session to discuss Potential Litigation Pursuant to RCW 42.30.110(1)(i) for approximately thirty minutes. The Council adjourned from Executive Session at 5:50 p.m. 6:00 p.m. Council Chambers — City Hall 4. RECEPTION FOR "NATIONAL NIGHT OUT" PARTICIPANTS The Mayor and Council hosted a reception to recognized participants from this year's National Night Out which was held on August 6, 2013. Attest: Carol McNeilly, CIVIC, City Clerk Approved by Council: City Council Minutes — September 3, 2013 Special Meeting Page I of 1 4% CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 3, 2012 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Diana Noble - Gulliford and Councilmember Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. As public facilities cannot be used for campaign purposes, City Attorney Richardson reviewed the guidelines regarding campaigns and ballot propositions as provided by the Public Disclosure Commission. Motion: Councilmember Celski moved to amend the agenda to add two ordinances: 1. An ordinance imposing business regulations on significant impact businesses and adding a new chapter to Federal Way Revised Code Title 12 businesses. 2. An ordinance imposing a six -month moratorium on Group Hones Type 111 and other activities in the City's review and permitting sex offender housing and setting a date for a public hearing. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. Motion: Councilmember Duclos moved to amend the agenda to add the Belmor Park Rezone Request under Council Business as item 6.e. Councilmember Burbidge second. City Council Minutes — September 3, 2013 Regular Meeting Page 1 of 10 3. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. PRESENTATIONS a. Volunteer Spotlight: Blast Off Soccer Tournament Mayor Priest announced the Federal way Blast Off Soccer Tournament celebrated its 25th Anniversay this year. Perry and Sharon Woodford have been the tournament directors for the past 15 years, and have contributed countless volunteer hours to the event. The tournament brings athletes and their families to the City for recreation, dining, shopping as well as lodging. Mayor Priest presented the Woodfords with a Certificate of Achievement signed by the Mayor and Council in recognition of their tremendous volunteer efforts. b. Proclamation: National Recovery Month Councilmember Celski read the proclamation declaring September as National Recovery Month into the record and presented it to Pat Godfrey, Chairman of the King County Alcohol and Substance Abuse Administrative Board. c. Proclamation: Constitution Week Deputy Mayor Ferrell read the proclamation declaring September 17th — 23`d as Constitution Week into the record and presented it to National Society Daughters of the American Revolution, Lakota Chapter, Past Regent Margaret Eisaman. d. Certificate of Appointment: North Lake Management District At their August 6, 2013 meeting the Council appointed Brian Cleary to serve on the North Lake Management District. Councilmember Celski read the Certificate of Appointment into the record. e. Certificate of Appointment: Board of Ethics At their August 6, 2013 meeting the Council re- appointed Byron Hiller, appointed Joe Donaldson as a regular member, and appointed James Englund the Board of Ethics. Deputy Mayor Ferrell read the Certificates of Appointment into the record. f. Mayor's Emerging Issues 2 "d Quarter Crime Statistics Police Chief Brian Wilson reviewed the 2nd Quarter crime statistics (April — June) as well as a six -month comparison (January — June) as well as current law enforcement efforts that include the Safe City Program, commercial burglary/metal theft prevention efforts, and crime analysis /crime prevention. For the past two years the City has been using the National Incident Based Reporting System (NIBRS), this is a substantial change in the way crime data is reported as the system identifies more crimes than the previously used Unified Crime Reporting System (UCR). Overall the 2nd quarter crime is down 3% from last year. Aggravated assault is up 4 %, residential burglary is down 41 %. There has been an increase in commercial burglary (up 32 %), one factor impacting this is an increase in metal theft. Robbery statistics did not change, with 28 incidents in both 2012 and 2013. Larceny/Theft is up 9% in part due to retail alcohol thefts. City Council Minutes — September 3, 2013 Regular Meeting Page 2 of 10 Simple assault is down 4% and vehicle theft is up 1 %. In the six -month comparison overall crime did not increase, aggravated assault is down 13 %, residential burglary is down 32 %, commercial burglary is up 31 %, robbery is down 7 %, larceny /theft is up 10% and vehicle theft and simple assault remained the same. 2. School Zone Safety and Laws City Traffic Engineer Rick Perez stated on May 21, 2012 the Council approved a proposal for school zone safety enhancements to enhance the visibility and clarity of signs in school zones, Sign sizes will be increased (from 8 sf to 18 sf), advance school speed warning signs and variable speed limit signs will also be installed. The school zones identified for improvements in 2013 are Saghalie Middle School; Spring Valley Montessori; Twin Lakes Elementary; Brooklake; Panther Lake Elementary and Sacajawea Middle School. Some retrofits that have occurred include upgrading pedestrian crossing from regular flashing beacons on multi -lane crossings serving Saghalie Middle School on 21stAve. SW and SW Campus Drive, and the installation of school zone flashers at Sacajawea Middle School. As of today, all of the signs have been installed, the rectangle rapid flashing beacons have been installed for Saghalie, the school zone flashers have been installed for Sacajawea and the only thing left is installation of the variable readout speed limit signs which is scheduled to occur in mid- September. Mr. Perez provided the following information in response to a recent media article regarding school zone laws and the 21 st Ave. SW photo enforced zone. This zone was installed pursuant to RCW 46.64.440(1) (not RCW 46.61.440(2) which was quoted in the media). The City works in conjunction with the School District when installing school zones. Mr. Perez stated the school zones on 21 st Ave SW are in compliance with all applicable RCW's as well as the Federal Manual on Uniform traffic Control Devices. With tomorrow being the first day of school for students Mr. Perez reviewed the measures in place to ensure safety in coordination with the street projects and current conditions. 3. Certificate of Municipal Leadership Mayor Priest announced Councilmember Honda had recently received her Certificate of Municipal Leadership from the Association of Washington Cities. This program is designed to enhance the ability of elected municipal officials by providing knowledge and skills to effectively operate within the law, secure and manage funds and foster community and staff relationships. Councilmember Honda completed over 30 hours of training to complete the program and earn this accomplishment. 4. September 5, 2013 City Council Special Meeting The Council will be conducting a Special Meeting on September 5, 2013 at 6:00 p.m. in Council Chambers to receive a presentation from Lorax, the contractor for the Civic Center /Performing Arts Conference Center. The presentation will cover the schematic design of the project. Citizens are encouraged to attend and provide public input on the project. 5. Zoning — Pvgmv Goats Mayor Priest provided a summary of a request that was received at the last City Council meeting from Ava Anissipour asking the City look at amending its current zoning regulations to allow pygmy goats as pets in residential areas. The City's Animal Services division responded to a complaint about two goats at the Annispour home. Under current zoning regulations, goats are not allowed in residential neighborhoods. City Council Minutes — September 3, 2013 Regular Meeting Page 3 of 10 Community and Economic Development staff has begun looking into this request and will provide a report to the Land Use, Transportation Council Committee on October 7. If Committee and Council move forward with this request, it will be placed on the Planning Commission's Work Plan. 6. August 6t" National Night Out Reception Mayor Priest reported the City Council held a reception at 6:00 p.m. to thank those who participated in the City's National Night Out event on August 6, 2013. 4. CITIZEN COMMENT Steven Metzenberg thanked the Council and City for the code enforcement actions that occurred at a local registered sex offender housing establishment. Mike Nugent is a homeowner as well as president of the Belmor Park Mobile Park submitted a letter into the record on behalf of the Belmor Park HOA Leah Boehm Brady spoke in opposition of developing an apartment complex at the former School District Bus Barn location. Mike Craymer spoke in support of allowing pygmy goats in residential areas. Ishbel Dickens spoke on behalf of representatives of Crestwood, Starwood, Parkwood Lane and Camelot Mobile Home Parks. She supports mobile home park zoning within the city and encouraged the Council to move forward with the original recommendation to the Planning Commission. Amir Anissipour asked the City to take a look at the purpose of the City Code. Mr. Anissipour was concerned an animal control officer video - tapedhis daughter with the goat without parental permission. Ava Anissipour invited members of the Council as well as city staff to visit her home to see what life with pygmy goats is like. Nicole Boises is a pygmy goat breeder and spoke in support or zoning that allows pygmy goats in residential areas. Taylor Nester spoke in support of changing the law to allow pygmy goats in residential areas Mary Ann Sharp lives in the Lakota Beach neighborhood, she would like to see speed bumps installed in her neighborhood to address speeding vehicles, and a sign stating "no beach access." Betty Taylor, a Waterbury Apartment complex resident would like to see a Block Watch program established at her complex. Norma Blanchard read a letter she received from City Attorney Richardson into the record. She feels the City and Mayor have turned the recent investigation into a political issue. Nancy Combs has lived in Federal Way for many years, she feels the paving the City performed in her neighborhood has ruined her neighborhood and the city. Neal Cook a resident of Belmor Park, does not support down - zoning of mobile home parks. City Council Minutes — September 3, 2013 Regular Meeting Page 4 of 10 David Dillon a Belmor Park resident, spoke in opposition of re- zoning mobile home parks. Jim Minion a resident of Belmor Park, spoke in opposition of rezoning Belmor Park. Ronald S. Baer a resident of Belmor Park, who spoke is opposition of down - zoning Belmor Park. Edgar Constanza is a medical marijuana patient, who spoke in support of providing citizens with safe access to medical marijuana within the City. Richard Stokes asked the Council to continue consideration of the re- zoning of mobile home parks. Kristin Wilcox spoke in support of allowing goats in residential areas. Lorna Murphy Duran a representative with UP With People — shared information about the organization and noted a gyroup of young individuals will be visiting the area and conducting a performance on Sept. 20t and 21St in Auburn. Margaret Hopkins is a Glenwood Estates Mobile Home Park Resident, she asked the Council to move forward with mobile home re- zoning. Christy Siaman lives in the neighborhood where the proposed sex offender house may be placed. she spoke in opposition of allowing this type of housing in her neighborhood. Caroline Miller shared her concerns with the High Point Apartment Complex development project. Peq Altman submitted written comments for the City Clerk to read into the record. Ms. Altman thanked the Council for being responsive to the Belmor Mobile Home Park residents in response to their rezone request. Ericka Delgato spoke in opposition to allowing sex offender housing in her neighborhood. 5. CONSENT AGENDA Items listed below have been previously reviewed in theirentirety 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: August 6, 2013 Special and Regular Meetings b. Monthly Financial Report: July 2012 c. Vouchers d. 1st Amendment for CDBG Emergency Housing Repair Program Contract — Connelly Roofing, LLC e. 2nd Amendment for CDBG Emergency Housing Repair Program Contract — TPJ Inc., DBA the Plumbing Joint, LLC f. 2013 -2015 Solid Waste & Recycling Grant Resolution Funding Update — Resolution 13- 644 g. Enterprise 2013 Neighborhood Traffic Safety Project h. Silver Lake 2013 Neighborhood Traffic Safety Project City Council Minutes — September 3, 2013 Regular Meeting Page 5 of 10 Transportation Demand Management Implementation Agreement with WSDOT Lakota Middle School — 13th Avenue SW Sidewalk Connection Grant Acceptance — Resolution 13 -645 k. South King Fire & Rescue — Interlocal Agreement for Federal Way Police Department Use of a Portion of Fire Station #63 King County Registered Sex Offender Cost Reimbursement Agreement m. Monument Sign Bid n. Outdoor Sports Court Resurfacing Motion: Deputy Mayor Ferrell moved approval of Consent agenda items 5.a. through 5.n. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Councilmember Maloney Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Noble - Gulliford Councilmember Duclos Motion carried 6. COUNCIL BUSINESS a. Board of Ethics Appointment At a 5:15 p.m. Special Meeting, the Council interviewed one applicant for appointment to the Board of Ethics. Motion: Deputy Mayor Ferrell moved to appoint Fred Neal to the Board of Ethics as a regular member, and clarify that James Englund's appointment (from 81612013) is as an alternate member. Councilmember Burbidge second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Recused Councilmember Duclos Motion carried 6 -0. Yes b. Confirmation of Mayor's Appointments to the Independent Salary Commission Motion: Deputy Mayor Ferrell moved to confirm the Mayor's appointments to the Independent Salary Commission. Councilmember Noble - Gulliford second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes City Council Minutes — September 3, 2013 Regular Meeting Page 6 of 10 Motion carried 7 -0. c. Resolution: Amending Ethics Code Section 4.3 Motion: Councilmember Duclos moved to amend Section 4.5 of the Code of Ethics. Councilmember Honda second. Councilmember Duclos stated she would like to see consistency among all commissioners, board members and Council when it comes to voting if someone has a remote interest. As the Code reads now, only Councilmembers with a remote interest should recuse themselves from voting on an issue involving the other entity. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. Resolution 13 -644 d. 2013 -14 Mid - Biennium Budget Adjustment Calendar Finance Director Tho Kraus reviewed the proposed 2013 -14 Mid - Biennium Budget Adjustment Calendar which was presented to the Finance, Economic Development, Regional Affairs Council Committee on August 27, 2013. Motion: Councilmember Duclos moved approval of the 2013 -14 Mid - Biennium Budget Adjust Calendar as presented. Councilmember Celski second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. e. Belmor Park Rezone Request — Added Item Council discussed the history of this request as Belmor Park residents originally requested this rezone and are now asking to remove the request. Council also discussed the danger of "spot zoning" and stated they would like to see staff research the concerns of other park residents in general and how changes in zoning affect their properties. Motion: Councilmember Duclos moved to amend the Planning Commission's Work Plan and remove the Belmor Park rezone item. Councilmember Burbidge second. Duclos restated the motion / Burbidge second. Deputy Mayor Ferrell Yes Councilmember Maloney Yes City Council Minutes — September 3, 2013 Regular Meeting Page 7 of 10 7. Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes 7 -0. Yes ORDINANCES a. CB# 628 Significant Impact Business Regulations - Added Item An ordinance of the City of Federal Way, Washington, imposing business regulations on significant impact businesses; adding a new chapter to FWRC Title 12 Businesses. City Attorney Richardson stated the current City code allows up to five unrelated individuals in a residence, but is silent if those individuals are all sex offenders or violent felons. The proposed ordinance would add a new chapter to the City code and require businesses providing housing to two or more unrelated registered sex offenders or violent felons within the same dwelling unit have a City business license and be approved as a Group Home Type III. Motion: Councilmember Celski moved to suspend Council Rule 2.2 subsection 8 for the process to be first reading and enactment. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0 Councilmember Celski Motion: Councilmember Celski moved to approve the ordinance imposing business regulations on significant impact businesses. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. Ordinance 13 -746 b. CB# 629 Moratorium on Group Homes Tvpe III and Other Activities Related to the City's Review and Permitting of Sex Offender Housing-- Added Item An ordinance of the City of Federal Way, Washington, imposing a six month moratorium on group homes for sex offenders, and other activities involved in the City's review and permitting of sex offender housing and setting a date for a public hearing. City Council Minutes — September 3, 2013 Regular Meeting Page 8 of 10 Council asked clarification of staff regarding timeline of residents in the current house and the Department of Corrections awareness and regulation of the location of this residence. Chief Wilson responded he has 1 FTE equivalent which checks the sex offenders within the city. Chief Wilson confirmed the Department of Correction has been contacted with our concerns, and this specific address has been taken off the approved residences to accept vouchers in response to the City's concerns. Community Economic Development Department Director Patrick Doherty also noted the city became aware of this issue through neighborhood complaints. Additional code violations were found at the residence including number of unrelated residents living in one household. Motion: Celski moved to suspend Council Rule 2.2 subsection 8 for the process to be first reading and enactment. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0 Ordinance 13 -747 Motion: Councilmember Celski moved to approve the proposed ordinance that would impose a six month moratorium on Group Home Type III and other activities related to the City's review and permitting of sex offender houses and set the public hearing on the moratorium for October 15, 2013. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble- Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0 Motion: Deputy Mayor Ferrell moved to suspend the Council Rules to continue the meeting past 10:00 p.m. Councilmember Honda second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble- Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0 8. COUNCIL REPORTS City Council Minutes — September 3, 2013 Regular Meeting Page 9 of 10 Councilmember Maloney reported she was pleased to see so much public participation occur at the Council Meeting this evening. Councilmember Honda provided a report on the Apple Festival event and run — with over a 100 participants. Winner of the best Apple Pie in Federal Way was Great Harvest Bakery receiving first place. Other winners included Marlene's Market and QFC. The next PRHSPS Meeting is September 10, 2013. Deputy Mayor Ferrell encouraged citizens to attend the Council Special Meeting on Thursday, September 5th focusing on the Performing Arts and Conference Center. He also thanked the citizens who attended and spoke out at tonight's meeting. Councilmember Burbidge reported the next meeting of LTAC is September 18, 2013, where they will have an update on the new proposed tourism website. She noted on September 12th she will be attending Transportation Policy Board for the Puget Sound Regional Council- main focusing on funding of Transportation projects Councilmember Celski encouraged citizens to attend the Thursday meeting to hear presentations from Lorax and review the proforma and design of the Performing Arts and Conference Center. Hereported the next LUTC meeting is September 9, 2013. Councilmember Noble - Gulliford thanked the citizens who came and testify on the issues that are important to them. She highlighted the September 10 Land Use Committee agenda item presentation on Historic Markers on US 99. Councilmember Duclos further thanked citizens for speaking out. She stated the County is re- examining the transfer station siting location. Two of the options under consideration do not include a plan with a station in the south county area. 9. MAYORS REPORT Mayor Priest had no report. 10. EXECUTIVE SESSION 0 PeteRtial I itigatiGR PL IFS aRt t9 RGVV it l 30 1 1 Q(1 )/i\ 11. ADJOURNMENT Mayor Priest adjourned the meeting at 10:03 p.m. Attest: Carol McNeilly, CIVIC, City Clerk Approved by Council: City Council Minutes — September 3, 2013 Regular Meeting Page 10 of 10 CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall September 5, 2013 6:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 6:10 p.m. City Officials present: 'Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Diana Noble - Gulliford, and Councilmember Dini Duclos. City Staff present: City Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. 2. PRESENTATIONS Presentation of Schematic Design, Updated Cost Estimate and Operational Pro Forma Analysis for the Proposed Performing Arts and Conference Center by Lorax Partners. Community and Economic Development Director Patrick Doherty gave an overview of the project thus far. This included a timeline of the City Center Vision which was adopted in the 1995 Comprehensive Plan. He stated the City Center is the "front door" of the city and is likely the first impression of visitors, potential new business owners, investors, developers, and others. Mr. Doherty further highlighted the results of the 2008 citizens survey; and subsequent feasibility study done in 2009 from Webb Management. He stated in March of this year, the Council authorized schematic design development, updated cost estimate and operational pro forma analysis. He reviewed the financing of the PACC including New Markets Tax Credits (NMTC), Capital Campaign (including naming rights and Grants), and the potential economic impacts of the facility. He stated the on -going impacts (direct and indirect) to the region — Expenditures: $2,537,630/year; Sales: $4,733,750/year; Earnings: $1,304,740/year; and Jobs: 37. Mr. Doherty stated the next steps would include additional public meetings and citizen input on September 17th and September 19th; the Federal Way Coalition of the Performing Arts will continue to seek grants, contributions, and naming rights funding; and upon City Council authorization, the 4 month process of the Land Use Permit Application can be started with an approximate cost of $65,000. Mr. Doherty introduced PJ Santos of Lorax Partners and Wendy Thompson of LMN Architects. Mr. Santos reviewed the project goals and location of the project. He reviewed the design of the building and how the facility would be situated on the site including the proposed additional hotel. He highlighted artist renderings of the facility with 3 -D drawings from various vantage points. The facility has been designed for a variety of uses to accommodate small to larger functions and is fully equipped with "back of house" including dressing rooms, office, restroom facilities, and kitchen. Wendy Thompson highlighted the Auditorium components design features and the acoustical values of the facility. She also presented 3 -D graphics of the interior of the auditorium, patron room and outside areas. Mr. Santos reviewed the Pro Forma summary including the operating revenue and operating expenses and timeline options. Mr. Doherty introduced Joanne Piquette, President of the Federal Way Coalition of the Performing Arts, who gave a brief update to Council on their fundraising efforts. She was happy to announce they have approximately $500,000 in donations for this project with upcoming events scheduled. She encouraged everyone to attend the rally on November 23`d at Saghalie Middle School where all proceeds will benefit the PACC project. 3. CITIZEN COMMENT H. David Kaplan, spoke in support of a Performing Arts and Conference Center which could be a catalyst to bring more tourism dollars into the city. Byron Hiller, spoke with concerns over the business plan and lack of contingency funds for the project. He asked the city to look carefully at the operating budget. Norma Blanchard, reflected the 2008 city survey and asked Council if citizens would have the ability to vote on this project. Paul Levy, noted he spoke with staff who was able to answer his questions and concerns with this project initially, he would like to see the project move forward. Julie Vance, stated she was initially hesitant of this project, however supports the Arts and she would like to have a more affordable option than the expense of traveling to Seattle to see a show. Patricia Conant, spoke as a supporter of the arts would like to see a Performing Arts facility in Federal Way, however she is concerned with the potential stress on the city and if it would be financially sustainable. Laura Johnson, spoke in support of the arts and the idea of a Performing Arts facility, however she agrees it seems the budget has holes that she would like the city to look into. Lynda Jenkins, long -time resident of Federal Way spoke in opposition to a Performing Arts and Conference Center in Federal Way. Margaret Nelson spoke in support of a Performing Arts and Conference Centerforthe reason it will bring more tax revenue into the city and possibly encourage more businesses to come to Federal Way. Carrol Clemens long term city commissioner spoke in support of the PACC and the increased revenue in taxes it could bring. He noted the Aquatic Center and Celebration Park are a huge driver for hotels and restaurants in the area. Tracy Hills, spoke in concern over parking at the proposed facility and if this development would bring any local job opportunities. John Wilde noted he is undecided on this project; he would like to see if there are additional options to consider for example a development similar to Kent Station or a Higher Education facility. He is also concerned with parking issues, and access and safety of nearby businesses. Jim Burbidge, spoke in support of the arts, and supporter of the Performing Arts and Conference Center. He would like to see information regarding potential costs for groups and performers who would use the venue; he would like the Council to make sure it is economically viable to everyone. Vernon Jenkins, opposed the project and is concerned with the availability of parking at this proposed site and proposed adjacent hotel. He also noted the current hotels in the area have vacancy and suggested they might not want more competition. Betty Huff spoke in support of the PACC and noted this project can bring big benefits to the city. Tony Moore, Federal Way School Board President noted he loves the idea of the Performing Arts and Conference Center he agrees with previous commenters that there are holes in the information and operating budget. He would encourage the Council to seek younger input as this is a project that will be a legacy to future generations. Matthew Jarvis thanked the Council for their service to the community and stated as a business owner, he is on the "hook" for his business Pro Forma. He is concerned in this situation if the projections and Pro Forma are vastly off, the tax payers are on the hook for the difference or any shortfalls. Allen Nelson spoke in support of the Performing Arts and Conference Center he noted there are cities and there are good cities. He would like to see Federal Way be the type of city that attracts people and continues to grow. With no further citizen comment Mayor Priest facilitated discussion between staff, presenters and Councilmembers. Mr. Doherty also introduced Joe Mcllwain the Director of the Edmonds Performing Arts Center who developed the Pro Forma. Council discussion ensued where Councilmembers asked for various clarifying questions of Mr. Doherty and Mr. Mcllwain. Councilmember Duclos asked to include neighboring facilities such as Auburn in further reviews and asked when staff would be hired to reflect the revenue projections for the first year. She asked about the use of the Webb report in the budget. Councilmember Noble - Gulliford asked if the employees would be city staff or non - profit and if the payroll taxes and benefits are included in the budget. Mr. Mcllwain stated preferably a non - profit group would be formed and that would run the facility. All employees would be hired from that non - profit; not city employees. He noted there is more freedom and opportunity with that option including fundraising and liquor service at the facility. Deputy Mayor Ferrell questioned if the Pro Forma budget is incorrect and the non -profit that is running the facility fails, who would have to cover the additional funds to keep the facility running. He also noted the salaries of the projected employees of the non -profit seemed low for this region Councilmember Maloney discussed the Pro Forma numbers and also questioned areas such as the salaries and benefits of the non - profit employees, and advertising budget which both seemed on the low end of market. She additionally asked clarifying questions regarding qualifying for the New Market Tax Credits. Councilmember Celski thanked everyone for the feedback and thanked Mr. Mcilwain for his work on the Pro Forma. He asked about cannibalization of local performing arts venues and if Mr. Mcllwain in his professional opinion, how would he asses this project in regards to being a desirable facility. Mr. Mcilwain stated the size and multi - purpose use of the PACC is very desirable — his location currently utilized a partially renovated property for conference space. Councilmember Honda noted her concern with fundraising donation totals included with the budget and potentially over extending the local pool of donors. She is also concerned with the use of Lodging Tax dollars and use of capital budget dollars. She is not supportive of using the entire Lodging Tax budget on this project. She would like to see who is responsible for equipment repairs. Councilmember Burbidge thanked staff and the other presenters for their detailed presentations; and thanked for all the community input given on this project. She requested more detail in the areas of the ongoing programing including the balance of activities of the local groups vs. the touring groups. Mr. Doherty and Mcilwain addressed the Council's questions as information is available and stated additional research will be done and brought back to Council. In conclusion, Mayor Priest asked citizens to email or contact the city with any additional questions regarding this project. 4. ADJOURNMENT There being nothing further to come before the City Council, Mayor Priest adjourned the Special Meeting at 9:15pm. Attest: Stephanie D. Courtney, CIVIC, City Clerk Approved by Council: SUBJECT: 2013 -2015 Department of Ecology Capacity Grant POLICY QUESTION: Should Council authorize the Mayor to accept the 2013 -2015 Capacity Grant from the Department of Ecology upon award and to return to Council for approval of the stormwater retrofit project to be submitted for the planning and design portion of the grant funding.? COMMITTEE: LUTC MEETING DATE: Sept 9, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P. E., Surface Water Manager DEPT: Public Works Attachments: Memorandum to Council dated Sept 9, 2013 Options Considered: 1. Authorize the Mayor to accept the 2013 -2015 Capacity Grant from the Department of Ecology upon award and to return to Council for approval of the stormwater retrofit project to be submitted for the planning and design portion of the grant funding. 2. Do not authorize the Mayor to accept the 2013 -2015 Capacity Grant from the Department of Ecology, and provide staff direction. MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1. MAYOR APPROVAL: ) 211 S 4� DIRECTOR APPROVAL: Comnlit*e Council Initial COMMITTEE RECOMMENDATION: N/A Bob Celski, Chair J anne Burbidee, Member Diana PROPOSED COUNCIL MOTION: "I moi eWo authorize the Mayor to accept the 2013 -2015 Capacity Grant from the Department of Ecology upon award and to return to Council for approval of the stormwater retrofit project to be submitted for the planning and design portion of the grant funding. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: Sept 9, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management FROM: William Appleton, P.E., Surface Water Manager 00 -- SUBJECT: Department of Ecology 2013-2015 Capacity Grant BACKGROUND: In August of 2013, the Department of Ecology announced the availability of Capacity Grant funding in an amount up to $50,000.00 for each Phase I and II jurisdiction as well as up to $120,000 for planning and design of stormwater flow control and /or treatment facilities. The $50,000 in Capacity Grant funding is to be used to carry out the requirements of the NPDES permit through training, equipment purchases, education and outreach, inspection/monitoring and program development. To receive funds for planning and engineering, jurisdictions must commit to a schedule of deliverables that culminates with the generation of 90% project design plans no later than August 1, 2014. Specifically, recipients of this funding opportunity agree to the following legislative provision conditions: • Pre - construction projects must provide high water quality or ecological benefit and address stormwater pollution from existing development. • The award may be used for planning and design of one or more retrofit projects; at least one project planned with these funds must implement low impact development techniques. • Pre - construction activities are intended to prepare the project for application to the competitive stormwater grant program in September 2014. A notice of grant acceptance intent was required to be sent to DOE no later than August 30, 2013. Staff, have submitted the "Grant Acceptance Intent Notice" (GAIN) indicating an intent to accept both the capacity funding of $50,000 as well as the design funding in an amount up to $120,000. There is no match required for these grant funds. Staff is requesting authorization to accept the DOE 2013 -2015 capacity grant funding upon award, and to return to council for approval of the stormwater retrofit project to be submitted for the planning and design portion of the grant funding. cc: Project File Day File SUBJECT: SCATBD AGREEMENT POLICY QUESTION: Should the Council approve the agreement for participating in the South County Area Transportation Board? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 9, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Rick Perez P.E., City Traffic Engineer .... .... ...... ............... _..._..... _.._......._...._.... �.._._.. .....__ ..... __ .... _.._......... -- ...... Attachments: 1. Land Use and Transportation Memorandum dated : September 9, 2013 2. 2013 -2015 Agreement for the South County Area Transportation Board Options Considered: 1. Approve the agreement 2. Do not approve the agreement and provide direction to staff MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 17, 2013 Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: liw(— ommi ee '/Coudcil Committee COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the September 17, 2013 Council Consent Agenda for approval. ob Celski, Chair Jeanne Burbidae, MembeO Diana Noble -Gulli rd, ber PROPOSED COUNCIL MOTION: ' 1''move approval of the 2013-2015 Agreement for the South County Area Transportation Board. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2013 TO: Land Use / Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management Rick Perez, P.E., City Traffic Engineer liq SUBJECT: SCATBd Agreement Renewal BACKGROUND: The South County Area Transportation Board (SCATBd) is a group representing agencies in and around the South King County subarea with responsibilities for all modes of transportation within the area. It serves as a forum to promote cooperation within the subarea and a lobbying force with county, regional, and state agencies on transportation issues and policies. King County and Sound Transit have specifically identified subareas in its transit policies, and SCATBd represents our subarea in those venues. The attached agreement is an update of past agreements. This year's agreement includes improved consistency between subarea groups on participation and voting rights. Conflicting provisions between subarea groups have been removed from the agreement for consistency and are now addressed in each subarea group's bylaws. cc: Project File Day File South County Area Transportation Board Agreement Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Muckleshoot Indian Tribe King County Transmitted to parties for approval and signature on. THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona "; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond "; the CITY OF BURIEN, hereafter called "Burien "; the CITY OF COVINGTON, hereafter called "Covington"; the CITY OF DES MOINES, hereafter called "Des Moines"; the CITY OF ENUMCLAW, hereafter called "Enumclaw "; the CITY OF FEDERAL WAY, hereafter called "Federal Way"; the CITY OF KENT, hereafter called "Kent "; the CITY OF MAPLE VALLEY, hereafter called "Maple Valley"; the CITY OF MILTON, hereafter called "Milton"; the CITY OF NORMANDY PARK, hereafter called "Normandy Park "; the CITY OF PACIFIC, hereafter called "Pacific "; the CITY OF RENTON, hereafter called "Renton "; the CITY OF SEATAC, hereafter called "SeaTac "; the CITY OF TUKWILA, hereafter called "Tukwila"; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County" as members of the South County Area Transportation Board. WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board has served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the south King County area; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1.0 Purpose of this Agreement The purpose of this Agreement is to recognize the South County Area Transportation Board as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. 2.0 Members and Voting Members shall have full voting rights, limited voting rights or shall be non - voting members, as follows: 2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement shall have full voting rights on all of the following issues before the South County Area Transportation Board, unless otherwise.noted, including: 1. Administrative issues, such additional members and use of dues 2. Recommendations to Sound Transit on policies and capital and service plans and implementation. 3. Recommendations to King County on Metro Transit planning, development and implementation of products and services. 4. Identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. 5. Recommendations to WSDOT on policies, programs and projects. 6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 7. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 8. Recommendations to the federal delegation on "federal legislation including reauthorization and funding priorities and other transportation - related programs. 2.2 "Members with Limited Voting Rights:" The South" County Area Transportation Board may add members with limited voting rights on the issues such as those listed'below by unanimous vote of the parties to this agreement in attendance at a regular meeting. 1. Recommendations to WSDOT "on policies, programs and projects. 2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 •updates and regional funding policies, strategies or progranms. 3. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy; budget and priorities'and legislative proposals and studies. 4. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation - related' programs. 2.2(a) Such" members and voting rights, if any, shall be listed in operating procedures to be adopted by 1. the South County Area Transportation Board: 2.3 Non - Voting Members: The South County Area Transportation. Board may add non - voting members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The South County Area Transportation Board may remove non - voting members by a unanimous vote of the parties to the agreement at a regular meeting. 2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area Transportation Board. 3.0 Representation and Conduct 2 3.1 Representation of city and county members shall be as follows: Full Voting Members Number of Representatives City of Algona 1 City of Auburn 1 City of Black Diamond 1 City of Burien 1 City of Covington 1 City of Des Moines 1 City of Enumclaw 1 City of Federal Way 1 City of Kent 1 City of Maple Valley 1 City of Milton 1 City of Normandy Park 1 City of Pacific City of Renton 1 City of SeaTac 1 City of Tukwila 1 Muckleshoot Indian Tribe 1 King County 3 3.2 Elected officials shall be appointed to the South County Area Transportation Board by their cities and counties for a one -year term. King County representation shall be a maximum of two Councilmembers and the King County Executive. 3.3 Each city or county participating member may appoint an alternate for a one -year term. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.0 Operating Procedures 4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited voting members and non - voting members, if any, dues for limited and non - voting members, if any, and operational issues such as election of officers, formation of subcommittees and rules of order. A chair and vice -chair shall be elected per the operating procedures and shall be responsible for setting meeting agenda, running meetings and any other activities identified in the operating procedures. 5.0 Lead Agency 5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through annual dues, and general administrative and program support for the South County Area Transportation Board. King County assumes wage and benefit costs of its staff performing Lead Agency responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole discretion, shall determine the level of staffing available based upon funding. 5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area Transportation Board membership rosters and distribution lists; arranging for Board meetings, including scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting summanes. 6.0 Financing and Cost Sharing Guidelines 6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of $100 per full voting representatives in annual dues to remain members in good standing. The Lead Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights until the required dues are paid. Additional dues above $100, and any dues required by limited or non - voting members, will be determined by the South County Area Transportation Board as prescribed in the operating procedures. Revenue from dues shall be used for special events, public education, or other expenses authorized by the South County Area Transportation Board. The designated Lead Agency shall not be required to pay yearly dues. 6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by June 30 of each year whether additional annual dues above $100 per voting representatives will be required of the South County Area Transportation Board member jurisdictions for the following year. 6.3 Additional financial contributions: If additional financial contributions beyond an increase in dues are determined to be necessary, costs shall be shared among all voting members, with an option for King County to recuse itself from further financial obligations. Recused members may not vote on determining the additional financial contribution or uses for the additional funds. 6.4 Modificatioh'to Agreement Required: If additional funds are determined to be necessary, a modification to this agreement specifying cost - sharing, purpose, scope of work, administration, collection and disbursement of funds and other details is required in order to obligate a member jurisdiction to funding participation. 7.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to the chair of the South County-Area Transportation Board at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to the South County Area Transportation Board and shall pay any dues required to be paid under this Agreement 'for costs which had been obligated prior to the effective date of the withdrawal. All obligations other than dues cease upon withdrawal: Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional, upon appropriation by the party's governing body of sufficient funds. Should such an appropriation not be approved for a`future year, a party may exercise its r'ight�to` withdraw from the Agreement.- 8.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2015, provided that'unless terminated earlier in accordance with Section 9 0 this Agreement shall be automatically extended upon the same terms or conditions for another term, commencing January 1, 2016 and ending no later than December 31 2017. 9.0 Termination L! All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 11.0. 10.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain with the Lead Agency. 11.0 Return of Funds At such time as this Agreement expires without being extended or revised, or is terminated in accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the total balance at the time of termination. 12.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 13.0 Legal Relations 13.1 The parties shall comply with all applicable state and federal laws and regulations. 13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 13.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 14.0 Entirety and Modifications 5 14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties 14.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 15.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona City of Auburn City of Black Diamond Date: Date: City of Burien City of Covington LIN Date: City of Des Moines Date: Date: Date: City of Maple Valley City of Milton City of Normandy Park N By: By: By:_ Date: Date: Date: City of Pacific By:_ Date City of Tukwila Date: City of Renton By:_ Date: Muckleshoot Indian Tribe Date: 7 City of SeaTac By:_ Date: King County Date: SUBJECT: HISTORIC US 99 ROUTE MARKERS POLICY QUESTION: Should the Council approve installation of historic route markers on SR 99? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 9, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works Attachments: 1. Land Use and Transportation Memorandum dated : September 9, 2013 Options Considered: 1. Approve the proposal. 2. Do not approve the proposal and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 17, 2013 Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: e� o ee oun '1 Committee COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the September 17, 2013 Council Consent Agenda for approval. PROPOSED COUNCIL MOTION: "I move approval of the acceptance and installation and maintenance of historic US 99 route markers. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2013 TO: Land Use / Transportation Committee VIA: Skip Priest, Mayor ,�, FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency ManagementO K Rick Perez, P.E., City Traffic Engineer fff SUBJECT: Historic US 99 Route Markers BACKGROUND: A private citizen that collects road signs has approached the City about posting historic route markers for US 99 within the City. Some agencies have begun doing this, particularly on US 66 between Los Angeles and Chicago. But some cities in California have done this for US 99. An example is shown below. This citizen has offered to donate four signs for use on SR 99 throughout the City. These are similar to the example shown, except for replacing "California" with "Washington ". This would be consistent with the historical street name signs that were originally funded in 2008 and have been implemented further with our normal sign replacement program and capital projects. Staff proposes to install these on SR 99 in each direction downstream of the intersections of S 320`h Street and S 3486' Street. The City would be responsible for installation and maintenance. cc: Project File Day File COUNCIL MEETING DATE: September 17, 2013 ITEM #: 5 e, CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Interlocal Agreement with Lakehaven Utility District for Design and Construction of the S 320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project POLICY QUESTION: Should the Council authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District, for the S 320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 9, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P.E., Street S stems Pro ect En lnee DEPT: Public Works _._.._ y..- - ..__E _._ Attachments: 1. Land Use and Transportation Committee memorandum dated September 9, 2013. 2. Interlocal Agreement with Lakehaven Utility District. Options Considered: 1. Authorize staff to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the S 320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project. 2. Do not authorize the staff to execute the Interlocal Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the September 17, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: Z1W !/ �m m DIRECTOR APPROVAL: _ 1G, ommi ee oun Committee COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the September 17, 2013 Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, MembeY Diana Noble-Gulliford, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the S 320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: • APPROVED COUNCIL BILL # • DENIED 1sT reading • TABLED/DEFERRED/NO ACTION Enactment reading • MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/0612006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Christine Mullen, P.E., Street Systems Project Engineer SUBJECT: Interlocal Agreement with Lakehaven Utility District for the Design and Construction of the 5320`' Street at 20th Avenue S Intersection Improvement Water Quality Vault Project BACKGROUND: Lakehaven Utility District requested the City enter into an interlocal agreement for the design and construction of water main replacement and adjustment of water and sanitary sewer facilities as part of the S320th Street at 20th Avenue S Intersection Improvement Water Quality Vault Project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of the interlocal agreement is approximately $63,000.00 and includes the cost for bidding document incorporation, construction, construction management and project administration. Actual construction costs incurred will be used to calculate the final cost of Lakehaven Utility District's reimbursement to the City. K: \LUTC\2013 \09 -09 -13 S 320th at 20th - LUD Design and Construction ILA.doc After recording, return to: Federal Way City Attorney's Office 33325 8h Avenue South Federal Way, WA 98063 -9718 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE S 320TH STREET AT 20' AVENUE SOUTH WATER QUALITY VAULT PROJECT THIS AGREEMENT is made and entered into this day of , 2013, by and between the City of Federal Way (hereinafter "City ") and Lakehaven Utility District (hereinafter "District "), collectively referred to herein as the "Parties ". WHEREAS, the City proposes to proceed with the S 320th Street at 20th Ave S. Water Quality Vault Project (hereinafter "Project "); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvementsbeing undertaken by the City, the District will be required to relocate certain water and sanitary sewer facilities such as water main, fire hydrants, valves, water meters, etc.; resolve any waterline /utilityconflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 (InterlocalCooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work "), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; follows: NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as I. DESIGN. The District agrees that the City's design contractor, BergerABAK shall perform design and Page 1 work for the Project as described in Exhibit A . The District shall reimburse the City for the design work, reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the Districtthat the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves orrejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediatelynotify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This InterlocalAgreement shall terminate effective the date of the District's notice to he City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feaible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District'sapproval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost ofthe City services described in Paragraph III (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percenlper month. Page 2 V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signalsind all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to fie performance of this Interlocal Agreement. E. Any provision ofthis Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force Page 3 and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Skip Priest, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2410 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, CMC, City Clerk LAKEHAVEN UTILITY DISTRICT John Bowman, General Manager 31627 1 st Avenue South PO Box 4249 Federal Way, WA 98063.4249 (253) 946 -5401 APPROVED AS TO FORM: General Counsel, Steven H. Pritchett UstreetAprojectAS320th Street at 2& Ave S Water quality Vau1t11akehavenULA.doc Page 4 EXHIBIT "A" WATER MAIN REPLACEMENT S 320TH STREET AT 20TH AVENUE SOUTH WATER QUALITY VAULT PROJECT Page 5 r � + 2 � d 4 _ r w L CL L GR � 1 _ a t " �sLn E2 Ln _O T a a0$ Q�a LL � u m N cil _ < o Y OJ W g WM LL. 3 go gG >w Q W �0ZQ.61 al sZLu w $ fp U O ,�]7§& Qg Q m � jrc Hp 3jn RIB � gg3 >y' UUa Gat (YJ�4 r � + 2 � d 4 _ r w L CL L GR � 1 _ a t " �sLn E2 Ln _O T a a0$ Q�a LL � u m N cil _ < o Y OJ W WM LL. 3 >w Q W �0ZQ.61 a sZLu w $ O U O m � 3 $ � RIB t r I .I I 1 0 , r cY t .s R RIB � u t $ Q 5 L 8 s, a 9) EXHIBIT "B" S 320TH STREET AT 20TH AVENUE SOUTH WATER QUALITY VAULT PROJECT ESTIMA TED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION, AND CONSTRUCTION MANAGEMENT COSTS FOR INCL UDING LAKEHAVEN UTILITY DISTRICT UTILITY REPLACEMENT AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility replacements loergerABA A) ESTIMATED CONSTRUCTION COSTS Construction Costs Subtotal Construction Sales Tax @ 9.5% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (15% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST( Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 5,400.00 $40,000.00 $40,000.00 $ 3,800.00 $43,800.00 $ 4,380.00 $ 6,570.00 $54,750.00 $60,150.00 $ 3,007.50 $63,157.50 Note: Actual costs incurred will be used to calculatefanal cost ofLakehaven Utility District's utility relocation portion for reimbursement to the City. Page 7 COUNCIL MEETING DATE: September 17, 2013 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project —100% Design Status Report and Authorization to Bid POLICY QUESTION: Should the Council authorize staff to bid the S 320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 9, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P. E., Street Systems Project Engine DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated September 9, 2013. Options Considered: 1. Authorize staff to bid the S 320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project and return to the LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the September 17, 2013 City Council Consent Agenda for approv)a�ll..q� MAYOR APPROVAL: J J' "!!— �// ,4� DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: Forward Option 1 to the September 17, 2013 City Council Consent Agenda for approval. Jeanne Burbidae. MemW Diana Noble- Gullif6rd, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 320th Street at 20th Avenue S Intersection Improvements Water Quality Vault Project and return to the L UTC and Council for bid award, further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: if Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Christine Mullen, P.E., Street Systems Project Engineer on _ SUBJECT: S 320' Street at 20`" Avenue S Intersection Improvements Water Quality Vault Project — 100% Design Status Report and Authorization to Bid BACKGROUND: The intent of this project is to construct the required storm water quality vault that was scheduled to be constructed as part of the Downtown Sewer Critical Capacity Project that was funded by an appropriation of grant funds from the State of Washington in 2012 and Lakehaven Utility District (LUD) was planning to construct starting with Phase I on 20th Ave South in 2014. LUD encountered some delay in acquiring the needed operating right (Easement) within phase "I " Sewer alignments and elected to start construction on phase "II ". Since this element of the S 320th Street at 20th Avenue S Intersection Improvements project cannot be constructed as part of the Downtown Sewer Critical Capacity Project, then this project element has to be bid and constructed as its own project. PROJECT ESTIMATED EXPENDITURES: Design $ 30,000 ROW Acquisition 0.00 2014 Construction Cost 500,000 10% Construction Contingency 50,000 Construction Management 50,000 TOTAL PROJECT COSTS $ 630,000 AVAILABLE FUNDING: Budgeted City Funds for S320th at 20'' Project 567,000 Lakehaven Utility District 63,000 TOTAL AVAILABLE BUDGET $ 630,000 FUNDING BALANCE This project is within available budget and staff anticipates bidding the project in February of 2014 and awarding it in April 2014. Construction will commence in early May 2014 with an estimated substantial completion end of July, 2014. COUNCIL MEETING DATE: September 17, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUBJECT: Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South— S312th Street to S308th Street) — 30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the Lakota Middle School Safe Routes to School Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ Ordinance MEETING DATE: September 9, 2013 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P_E., Street Systems Project EngineereDEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated September 9, 2013. Options Considered: 1. Authorize staff to proceed with the design of the Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South — S312th Street to 5308th Street) Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the September 17, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: Commi a Council Committee COMMITTEE RECOMMENDATION: Forward Option 1 to the September 17, 2013 City Council Consent Agenda for approval. PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South — S312th Street to 5308th Street) Project and return to the L UTC and Council at the 85% design completion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management G Christine Mullen, P.E., Street Systems Project Engineer Cfin, SUBJECT: Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave South — S312th Street to S308th Street) — 30% Design Status Report BACKGROUND: This Project will install sidewalks where they do not currently exist on 14th Avenue S between S 312th Street and S 308th Street as well as on the south side of S 308th Street from 14th Avenue S to Pacific Highway S. The project will also construct a mini - roundabout at the intersection of 14th Avenue S & S 308th Street providing for traffic calming including a pedestrian actuated Rectangular Rapid Flashing Beacon (RRFB) crosswalk system on the east leg. Illumination will be installed on S 30861 Street between 14th Avenue S and Pacific Highway S. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: The Topographical Surveys Utility Coordination Project Design to 30% Ongoing Tasks Include: Preliminary Contract Specifications Project Design to 85% NEPA/SEPA Documentation and Submittals PROJECT ESTIMATED EXPENDITURES: Design $90,000 2014 Construction Cost 614,000 10% Construction Contingency 61,000 Construction Management (City Staff) 0 TOTAL PROJECT COSTS $765,000 AVAILABLE FUNDING: Budgeted City Funds 0.00 Safe Route to School Grant $765,00 TOTAL AVAILABLE BUDGET $765,000 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. This project is scheduled for construction in Summer of 2014. COUNCIL MEETING DATE: September 17, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPLICATION PROCESS FOR CITY COMMISSIONS AND BOARDS ITEM #: POLICY QUESTION: Should the City Council modify the application process for City Commissions and Boards to be consistent and more efficient? COMMITTEE: PRHS &PS MEETING DATE: 9/10/2013 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Pat Richardson City Attome DEPT: Law ---.__....._._...._.....__...._.._......------- ....__._.._........_._z .-__._..._.._.._.__'._.—__..._......_........__ ......_.-- ____.._....__._._._ Attachments: Staff Report and Committee direction as follows: 1. Ethics Board a. Residency and Experience b. Removal 2. Diversity Commission - Boundaries of residency 3. Revised Application Form a. Contact Information b. Qualifications attached to application c. Applicant verifies meets qualifications d. Notice of public record 4. Criminal Background Checks – Washington State Patrol limitations so don't use Options Considered: 1. Approve Committee's direction. Modify Committee's direction. 3. Reject Committee's direction. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: DIRECTOR APPROVAL: O(J' Y COMMITTEE RECOMMENDATION: I move to forward the IY\ direction for the application process to the September 17, 2013 City Council meeting under Council Business for discussion and action. t Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # 4% CITY OF VZ�t::P Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: SEPTEMBER 12, 2013 TO: COUNCIL MEMBERS CC: MAYOR PRIEST ^ FROM: PAT RICHARDSON, CITY ATTORNEY �G- SUBJECT: SUMMARY OF MODIFICATIONS The following is a summary of the application process for commissioners and board members as modified by the Parks, Recreation, Human Services, and Public Safety Council Committee. 1. Ethics Board A. Qualifications 1) Reside within the City. 2) Preferred experience/background in ethics (conflict of interest) B. Council may remove at any time if Council determines that the member is not fulfilling his or her responsibility to the satisfaction of the Council. 2. Diversity Commission A. Change residency requirement to within the City instead of the School District boundaries 3. Application Form A. Ask for contact information 1) Remove residential address 2) Employer 3) Hobbies and interests B. Add the CDBG Loan Advisory Committee C. Attach qualifications to the application form D. Provide City Clerk's address, phone number and email address for submitting applications. E. Provide notice that application and supporting documents are subject to public disclosure F. Add question regarding ability to attend activities on the Commission's or Board's Work Plan and provide link for applicant to review. G. Add interview questions for written responses: 1) Why do you want to serve? 2) What are your prior experiences in the area? 3) How do you see your role as a Commissioner/Board Member? 4) Is there anything in your personal history that you would not want the public to know and/or may be perceived as an embarrassment? H. Do not submit a request to the Washington State Patrol for a history of criminal convictions. K:\agenda \council\2013 \9 -17 -13 staff rpt summary mods application process 2 CITY ATTORNEY'S OFFICE MEMORANDUM DATE: AUGUST 30, 2013 TO: COUNCIL MEMBERS CC: MAYOR PRIEST FROM: PAT RICHARDSON, CITY ATTORNEY SUBJECT: APPLICATION PROCESS FOR COMMISSIONERS AND BOARD MEMBERS — FOLLOW UP At the July 9, 2013, the Parks, Recreation, Human Services and Public Safety Council Committee ( "Committee ") noted that the qualifications for the various City commissioners and board members were not uniform. The Committee directed Staff to return to the September 10, 2013 Committee meeting incorporating Council comments. This Staff report is divided into several sections: 1. Identity of commissions that are authorized by State law and the statutory requirements. 2. Identity of commissions and/boards created by City Council and those authorized by State law or HUD; the current language; and modification options. 3. The proposed application form which includes the standard interview questions. 4. Table showing where criteria may be modified 5. Background checks through Washington State Patrol. 6. The issues to consider for consistency between the boards and commissions. COMMISSIONS PER STATE LAW A. Civil Service Commission. 1. Appointment. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he or she resides. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. 2. Removal. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. B. Independent Salary Commission. Appointment. The members of such commission shall be appointed in accordance with the provisions ... as specified in this subsection: a. Shall be appointed by the mayor with approval of the city council; b. May not be appointed to more than two terms: c. May not include any officer, official, or employee of the city or town or any of their immediate family members. "Immediate family member" as used in this subsection means the parents, spouse, siblings, children, or dependant relatives of the officer, official, or employee whether or not living in the household of the officer, official, or employee. 2. Removal. a. May only be removed during their terms of office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying residence C. Lodging Tax Advisory Committee. 1. Appointment. a. At least five members. b. The committee membership shall include: (a) at least two members who are representatives of businesses required to collect the lodging tax; and (b) at least two members who are persons involved in activities authorized W to be funded by revenue received from lodging taxes. Persons who are eligible for appointment under (a) are not eligible for appointment under (b). Persons who are eligible for appointment under (b) are not eligible for appointment under (a). The number of members who are representatives of businesses required to collect lodging tax shall equal the number of members who are involved in activities authorized to be funded by revenue received from the lodging tax. c. One member shall be an elected official of the municipality who shall serve as chair of the committee. d. An advisory committee for a city may include one nonvoting member who is an elected official of the county. 2. Removal. Silent. D. North Lake Management District. 1. Requirements. Shall own property or represent government bodies that own property within the Lake Management District. 2. Appointment. The Committee will be made up of seven members. a. Five people representing single family and vacant properties; b. One person representing the Washington Department of Fish and Wildlife; and c. One person representing the Weyerhaeuser Corporation. 3. Term. A private property owner shall be appointed for a term of two years a. No single family and vacant property owner shall serve longer than two consecutive terms. 4. Removal. a. Members may be removed by the Mayor with concurrence of City Council for neglect of duty, conflict of interest, malfeasance in office or other just case or for unexcused absences for more than three (3) consecutive regular meetings. E. Steel Lake Management District. 1. Requirements. Shall own property or represent government bodies that own property within the Lake Management District. 2. Appointment. The Committee will be made up of seven members. a. Five people representing single family and vacant properties; b. One person representing the Washington Department of Fish and Wildlife; and c. One person representing the City of Federal Way. 3. Term. A private property owner shall be appointed for a term of two years a. No single family and vacant property owner shall serve longer than two consecutive terms. 4. Removal. a. Members may be removed by the Mayor with concurrence of City Council for neglect of duty, conflict of interest, malfeasance in office or other just case or for unexcused absences for more than three (3) consecutive regular meetings. FEDERAL WAY COMMISSIONS OR BOARDS CRITERIA MAY BE MODIFIED A. Arts Commission. 1. Appointment. Persons appointed shall reside within the corporate limits of the city during the member's term. 2. Removal. City Council may remove at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. B. Board of Ethics. 1. Appointment. Appointed by the city council. 2. Removal. Silent. C. CDBG Loan Advisory Committee. 1. Appointment. a. Experience and background to advise on economic development loan products and applications for loan funding. b. Shall reside or own a business within the corporate limits of the city. 2. Removal. The city council may remove at any time if the city council determines that the member is not fulfilling his or her responsibility to the satisfaction of the city council. D. Diversity Commission. 1. Appointment. a. Shall reside within the Federal Way School District during the term. b. If practicable, reflect the diversity of the city. 2. Removal. The city council may remove at any time if the city council determines that the member is not fulfilling his or her responsibility to the satisfaction of the city council. E. Human Services Commission. 1. Appointment a. Shall reside within the corporate limits of the city. b. If practicable, reflect a balance of human services delivery interests in the community. 2. Removal. The city council may remove at any time if the city council determines that the member is not fulfilling his or her responsibility to the satisfaction of the city council. F. Parks and Recreation Commission. 1. Appointment. a. Shall reside within the corporate limits of the city during the term. b. If practicable, reflect the diversity of all recreational needs of the city. 2. Removal. The city council may remove at any time if the city council determines that the member is not fulfilling his or her responsibility to the satisfaction of the city council. G. Planning Commission. Although the Planning Commission is authorized pursuant to State law, the City Council establishes the membership criteria and removal. 1. Appointment. a. The planning commission shall consist of seven members who are residents or property owners in the city with interest in land use and planning issues and a commitment to the planned development of the community. b. Planning commission members shall serve without compensation. 2. Removal. a. The city council may remove a planning commissioner at any time if the city council determines that the planning commission member is not fulfilling his or her responsibilities to the satisfaction of the city council. H. Youth Commission. Will be addressed separately. WASHINGTON STATE PATROL CRIMINAL BACKGROUND CHECK Staff has attached the Washington State Patrol's (WSP) web page regarding background checks. • $10.00 fee per background check. • Background checks are for initial employment or engagement decisions only. • Background check will only include conviction data and may receive records showing pending arrest offenses under one (1) year old without disposition. • Notify applicant of response. • No secondary dissemination PROPOSED BOARD AND COMMITTEE APPLICATION AN:.CITY OF Federal Way RECEIVED City Clerk's Office 33325 Eighth Avenue South ■ Federal Way, WA 98003 Phone 253 -835 -2540 ■ Fax 253 - 835 -2509 -. www.cityoffederalway.com Application for Appointment BOARDS AND COMMISSIONS Please complete the ENTIRE application form. Applicants may attach a cover letter and /or a resume. NAME: Last PHONE (1): E -MAIL ADDRESS: First PHONE (2): DATE: I wish to be considered for appointment to the following Board /Commission: (Check all that apply): ❑ Arts ❑ Civil Service ❑ Diversity ❑ Human Services ❑ Salary ❑ Parks & Recreation ❑ Planning ❑ Board of Ethics ❑ CDBG Loan Advisory Review Committee M.I. • North Lake Management District • Steel Lake Management District • Lodging Tax Advisory Group You Represent • Local Lodging Industry • Business /Organization Promoting Tourism HAVE YOU PREVIOUSLY SERVED ON ONE OF THE CITY'S BOARDS OR COMMISSIONS? OYES ONO If "yes ", please list: ARE YOU ABLE TO ATTEND EVENING MEETINGS OYES ONO DAYTIME MEETINGS? OYES ONO The membership requirements for all City Boards/ Commissions are attached to this application. Please review them and confirm you meet the requirements for the Board/ Commission you are applying for. `I confirm that I meet the membership requirements for the Board / Commission 1 am applying for." Applicant Signature: Submit completed applications to: City of Federal Way City Clerk's Office 33325 8th Avenue South Federal Way, WA 98003 Public Disclosure: This application and any attachments included are subject to public disclosure and if requested will be provided in its entirety. Why do you want to serve on this Board /Commission? What are your prior experiences in this area? How do you see your role as a Commissioner? Other comments /additional information for consideration: INTERVIEW DATE: INTERVIEW TIME: POSITION: ❑ VOTING APPOINTED: DYES ONO TERM EXPIRES: ❑ ALTERNATE CITY OF FEDERAL WAY BOARD AND COMMISSION MEMBERSHIP REQUIREMENTS ARTS COMMISSION Members shall reside within the corporate limits of the city during their term. BOARD OF ETHICS No membership requirements. CDBG LOAN REVIEW ADVISORY COMMITTEE Members shall reside or own business within the corporate limits of the city. CIVIL SERVICE COMMISSION Members shall be a citizen of the United States, a resident of the city for at least one year immediately preceding their appointment, and an elector of the county in which they reside. DIVERSITY COMMISSION Members shall reside within the Federal Way School District during their term. HUMAN SERVICES Members shall reside within the corporate limits of the city. INDEPENDENT SALARY COMMISSION No person shall be appointed to serve as a member or alternate member of the independent salary commission unless that person is a citizen of the United States, a resident of the city for at least one year immediately preceding such appointment, and an elector of the county in which the member resides. No city officer, official, or employee of the city or any of their immediate family members may serve on the commission. "Immediate family member," as used in this section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. PLANNING COMMISSION Members shall be residents or property owners in the city with an interest in land use and planning issues and a commitment to the planned development of the community. PARKS AND RECREATION COMMISSION Members shall reside within the corporate limits of the city during their term. LODGING TAX ADVISORY COMMITTEE At least two members shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by revenue received from the tax. The number of members who are representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. NORTH LAKE MANAGEMENT DISTRICT Members shall be property owners or representatives of governing bodies that own property within the Lake Management District. STEEL LAKE MANAGEMENT DISTRICT Members shall be property owners or representatives of governing bodies that own property within the Lake Management District. ISSUES TO CONSIDER Based on Council input some of the issues to bring consistency between the commissions are as follows: Ethics Board. 1. Appointment. a. Shall reside or own a business within the corporate limits of the City. b. Experience and background related to ethics. 2. Removal. a. May only be removed during their terms of office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying residence. Diversity Commission. 1. Appointment. a. Currently the commission member must reside within the School District Boundaries. The School District Boundary encompasses, Federal Way, portions of Auburn, Des Moines, Kent and unincorporated King County. Does Council want to continue to include and draw from the diversity of all the schools within the school district boundaries. Revised Application Form. 1. Only contact information 2. Attach qualifications to application 3. Applicant verifies qualifies 4. Notify of Public Records Act 5. Include standard questions for applicant to answer with application. Washington State Patrol Background Checks. The City doesn't currently use background checks due to limitations set by the WSP: 1. Employment and related needs. 2. Cannot redistribute information. 3. Notify applicant beforehand, and provide information received. KArnemo\2013 \9 -10 staff report application process follow up final Criminal History Records - Washington State Patrol Friday, Augwj,k 30, 2013 Washington State Patrol Criminal History Records • Obtaining a State Criminal History (Background Check) Certified criminal justice agencies may request and receive unrestricted CHRI from the Identification and Criminal History Section for criminal justice purposes. The public may request and receive CHRI for non - criminal justice purposes, but it is limited to conviction information only. Conviction CHRI is defined in the Revised Code of Washington (RCW) 10.97.030, and it relates to an incident that has led to a conviction or other disposition adverse to the subject. In addition to the conviction CHRI, non - criminal justice requestors (the public) may receive a record showing pending arrest offenses under one year old without a disposition, and if the subject is a registered sex/kidnapping offender. You can obtain criminal histories from the State Patrol in two ways: 1. Going on -line by using WATCH (Washington Access To Criminal History). This feature requires either a credit card or a pre - established account. A $10 fee is charged for each name search, regardless of the outcome of the results of the search. NOTE: if you cannot access the WATCH site please review the instructions for checking and updating to 128 -bit encryption. 2. Forms are available through the WATCH link above. Return the completed background forms to us through the US Postal Service. If setting up an account print and fill out an application packet and submit by mail or the fax number on the form. (Sorry, we don't have downloadable forms at this time.) Criminal History Requests Depending on the purpose, the Identification and Criminal History Section responds to public inquiries under two different statutes. • Criminal Records Privacy Act (RCW 10.97) • Child and Adult Abuse Information Act (RCW 43.41830 -.845} Criminal Records Privacy Act Under the Criminal Records Privacy Act, conviction CHRI may be made public to anyone without restriction and without the consent of the subject of the record. The requestor must submit either a Request for Conviction Criminal History Record (using Form 3000 - 240 -569 or WATCH) or a full set of the subject's fingerprints. Instructions for Completing Request for Conviction Criminal History Record Form (3000 - 240 -569) • Part A - Print or type applicant's full name, all alias names (including birth and married names) and date of birth. The applicant's sex and race are optional. • Part B - Print or type date, requestor's name and title, telephone number, and requestor's business, organization, or agency name and address. If you would like to receive results electronically check the box provided, print or type your email address and submit a password. Be sure requestor signs name on the appropriate line. Child and Adult Abuse Information Act http: / /www.wsp.wa.gov /crime /chrequests.htm Pagel of 3 8/30/2013 Criminal History Records - Washington State Patrol Under the Child and Adult Abuse Information Act, requests for CHRI are limited to businesses or organizations licensed in the state of Washington: any agency of the state; or other governmental entities that educate, train, treat, supervise, house, or provide recreation to developmentally disabled persons, vulnerable adults, or children under 16 years of age. Background checks may also be requested by a business or organization that qualifies for exemption under section 501 (c) (3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501 (c)(3) and that provides emergency shelter or transitional housing for children, persons with developmental disabilities, or vulnerable adults. The background check is for initial employment or engagement decisions only. The requesting agency must notify the applicant of the Section's response. The requestor may submit either a Request for Criminal History Information Child /Adult Abuse Information Act (using Form 3000 - 240 -430 or WATCH) or a full set of the subject's fingerprints. Instructions for Completing the Request for Criminal History Information Child /Adult Abuse Information Act Form (3000- 240 -430► • Part A - Print or type the complete name and address of the requesting business, organization, or agency, title of requestor, telephone number and date. An authorized signature is required on the line provided. Part B - Check the box that applies. If you would like to receive results electronically check the box provided, print or type your email address and submit a password. • Part C - Print or type applicant's full name, all alias names (including birth and married names) and date of birth. The applicant's sex and race are optional. Part D - Print or type the name of the requesting agency, business, or organization and the applicant's name and address. Be sure to get the required applicant signature on the line provided. Fees • Name and date of birth (mail) $17 • Fingerprint card (mail) $26 • Name and date of birth (WATCH) $10 • Notarized letter $10 each All fees are non- refundable. Mailed requests must include fee(s) made payable to the Washington State Patrol by a cashier's check, money order, or commercial business account. There is no fee for organizations legally classified as non - profit. By definition, "Non -Profit Organization" means an organization that is incorporated under state laws and approved by the state's secretary of state and its taxing authority to operate for educational, charitable, social, religious, civic, or humanitarian purposes. Responses • On -line requests from WATCH: immediate • Mailed requests: 7 -14 business days If a record exists, a copy of the record will be attached to the returned form. It will include a state of Washington record of convictions and any pending crimes against persons for which the applicant is currently being processed by the criminal justice system and sex offender and kidnapper registration information. The requestor is required to provide a copy of the CHRI response to the applicant (subject). If our search reveals that no CHRI exists, a no record result will be provided. Secondary dissemination of the CHRI is prohibited, unless in compliance with RCW 10.97.050. Back to To Contact Information Page 2 of 3 http: / /www.wsp.wa.gov /crime /chrequests.htm 8/30/2013 Criminal History Records - Washington State Patrol Phone: (360) 534 -2000 and press option 2 Fax: (360) 534 -2073 Email: watch.help0-wsp.wa.-qov Mail: Washington State Patrol Identification and Criminal History Section PO Box 42633 Olympia WA 98504 -2633 Back to Top Please note that some of the documents provided on this page are available in Adobe® PDF format M only and will require the Adobe(D Reader in order to view or print them from your Web browser. Page 3 of 3 http: / /www.wsp.wa.gov /crime /chrequests.htm 8/30/2013 SUBJECT: Holiday Tree Lighting Ceremony POLICY QUESTION: Should the Holiday Tree Lighting Event be relocated from the Commons Mall to the Federal Way Community Center? COMMITTEE: PRHSPS Committee MEETING DATE: 9/10/13 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cary M. Roe, Director of Parks, Public Works & DEPT: Parks Emergency Management .................................. ................................................. .......................................................... ...................... .......... . ....... . .................. _............... . ....................... . ................. ................................. Attachments: Memo dated September 12, 2013 Options Considered: 1. Approve the relocation of the Holiday Tree Lighting Ceremony from the Commons Mall to Federal Way Community Center. 2. Don't approve the relocation of the Holiday Tree Lighting Ceremony from the Commons Mall to Federal Way Community Center and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1 MAYOR APPROVAL: IfE DIRECTOR APPROVAL: Conuffittee cou it Initial COMMITTEE RECOMMENDATION: Committee recommended forwarding Option I to the September 17, 2013 City Council business agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1, relocation of the Holiday Tree Lighting Ceremony from the Commons Mall to the Federal Way Community Center. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 12, 2013 TO: City Council VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management SUBJECT: Holiday Tree Lighting Ceremony BACKGROUND: The Holiday Tree Lighting Ceremony topic was added to the September 10, 2013 PRHSPS Committee agenda the night of the meeting. The purpose of adding this topic to the agenda was to discuss the proposal to relocate the ceremony from the Commons Mall to the Federal Way Community Center. Following discussion of the proposal by the Committee Members, the topic was forwarded with a unanimous recommendation for approval to the September 17, 2013 Council Business agenda. cc: Project File Day File