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Council PKT 12-18-2001 Special/Regular City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Michael Hellickson Eric Faison Linda Kochmar Mary Gates Dean McColgan CITY MANAGER David H. Moseley Office of the City Clerk December 18, 2001 I. II. III. I. II. III. a. b. c. d. e. f IV. " AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 18,2001 (www.cifederal-way.wa.us) * * * * * SPECIAL SESSION - 6:00 p.m. CALL MEETING TO ORDER CITY FACILITY UPDATE ADJOURNMENT * * * * * REGULAR MEETING -7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Swearing-In Ceremony/New & Promoted Police Officers Human Services Commission/Introduction & Certificate of Appointment Planning Commission/Outgoing Commissioner Plaque Planning Commission/Introductions & Certificates of Appointment City Manager/Introduction of New Employees City ManagerlEmerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLt."RK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and slate your name for the record. PLEASE LIMIT YOUR RElvlARK..,) TO THREE m MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively 10 olher individuals, or are otherwise inappropriale. over please. . . V. a. b. c. d. e, f. g. h. 1. VI. a. b. t. VII. a. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all ilems will be enacted by one motion; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) Minutes/December 4, 2001 Regular Meeting Council Bill #288/Code Amendment/Arts Commission Reduction in Membershio/ Enactment Ordinance Council Bill #289/356tlt Street Regional Storm Water RetentionlDetention Facilitv Prooertv Condemnation/Enactment Ordinance Mid-Biennium Review/2001002 Human Services Contracts 2002 Airport Communities Coalition (ACC) Interlocal Agreement Allow Employees to Donate Vacation for Military Leave PCCI Janitorial Service Contract SilveIWood Final Plat ApprovaVResolution Rosewood Final Plat AoorovaVResolution CITY COUNCIL BUSINESS Reschedule January L 2002 Regular Council Meeting Municipal Judge Reape.oi~ / tk\. cr-.."'" LOta:l-iMl o-f ~cil' ,\fILA)r- v / INTRODUCTION ORDINANCES Council Bill #290/Code Revisions for Solid Waste & Recycling AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLES I, II, III AND IV, CHAPlER 12 OF THE FEDERAL WAY CITY CODE, WHICH CHAPlER ESTABLISHES A UNIFORM SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID W ASlE, INCLUDING GARBAGE, RECYCLABLES AND YARD DEBRIS. b, Council Bill #291lExtension of City Solid Waste Utility in Annexed Areas AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A FRANCmSE TO ALLIED WASTE iNDUSTRIES, INC., AKA RABANCO COMPANIES TO OPERAlE IN CERTAIN ANNEXED AREAS, IN ACCORDANCE WITH RCW 35A. 14.900. c. Council Bill #292/Portion of Milton Road South Street Vacation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHINGTON, VACATING A PORTION OF MILTON ROAD SOUTII, SOUTH OF ENCHANTED PARKWAY AND ON THE EASlERN BOUNDARY OF THE ENCHANTED PARKS PARKING LOT. VIII. IX. X. a. b. (" XI. CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Review Performance of a Public Employee/Pursuant to RCW 42.30. 1 lO(l)(g) Collective BaraainimdPursuant to RC~ 42.30.140(4)(a) "J J 1lJ-.. bED> PoIeMiu..t L-/ffqa/iJ'r, / PuJrfUllrll-.Jo I!.wJ 4:J.. 30. liD, OX', < IT v ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA " THE COMPLETE AGENDA PACKET IS A V AlLABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY" MEETING DATE: December 18, 200 I ITEM# Y (q) -----~------~-------- -------------------------------------- ----~--- ---------------------- ----------------~~---- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ~A T::: :::~----------:~RD IN AN c:-----------rA:::~: ~:::~~------ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ---------- ATTACHMENTS: Draft minutes of the regular City Council meeting held on December 4,2001. --------------- SUMMf\RYIBACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW requirements- CITY COUNCIL COMMITTEE RECOMMENDATION: n/a ---------------- -------------- PROPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on December 4, 2001"- ~~;~-~:~:~E~~P-;;~~~~-:-----------:-~------------ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ¡Sf reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting December 4, 2001- 7:00 p.m. \)R~f1 1. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of7:03 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kachmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Eric Faison, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Burbidge led the flag salute. III. PRESENTATIONS a. Weyerhaeuser Companv/Contribution to Dumas Bav Bonsai Courtyard Councilmember Burbidge read and presented the certificate of appreciation to Jan Gibson and David DeGroot. Mr. DeGroot accepted the certificate and thanked Councilmembers, the Arts Commission, and Recreation/Cultural Services Supervisor Mary Faber for their recognition of the project. b. Citv Manager/Introduction of New Emplovees Mr. Moseley announced there are no new employees. c. City ManagerÆmerging Issues City Manager David Moseley announced there are no emerging issues to report. Federal Way City Council Regular Meeting Minutes December 4, 2001 - Page 2 of 9 IV. CITIZEN COMMENT Rov Parke, expressed concerns regarding the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's agenda. Trise Moore, spoke on behalf of the Diversity Commission, giving Council a brief update on the Commission's current projects. Michael Massoth, speaking on behalf of the Barclay Place Homeowners Association, asked Councilmembers to look into the possibility ofpartnering with the their homeowners association to make improvements to a highly-used gravel pathway, which runs through his neighborhood. Lorraine Nertherton, expressed her concerns regarding the reappointment of Municipal Court Judge David Tracy. City Manager David Moseley noted he has already met and .~ discussed those concerns with Judge Tracy, and feels confident with his reappointment decision. V. CONSENT AGENDA !~! a. b. Minutes/November 20 2001 Regular Meeting -Approved Vouchers-Approved Monthly Financial Report/Month of October-Approved Council Bill #285/2001 Housekeeping Budget Adjustment -Approved Ordinance #01-406 Council Bill #286/Property Tax Rate-Approved_Ordinance #01-407 Council Bill #287/2001-02 Biennial Budget Adiustment-Approved Ordinance #01-408 2002 Arts Contract for Services Funding-Approved Human Services Commission Appointment (unexpired term) -Approved 2001-2002 Youth Commission Work Plan-Approved Parks Property Acquisition Recommendation-Approved Municipal Judge ReapDointment-Approved Fee Schedule Amendment/Resolution-Approved Resolution #01-351 South CamDus Bible School Final Plat ADDrovaUResolution-Approved Resolution #01-352 Year 200 I AsDhalt Overlay ProjectIFinal Project Acceptance/Retainage Release-Approved Pacific Highway South HOV Lanes/Phase 1 Proiect (So 31 Oth to So 324th St)/Pacific Highwav South HOV Lanes Phase II Project (So 324th to So 340tl! St/In-Service Design Evaluation of Median Trees-Approved BP A Trail/Phase III ProiectIFinal Project Acceptance/Retainage Release- Approved c. d. e. f g. h. l. J. k. I. m. n. o. p. Federal Way City Council Regular Meeting Minutes December 4,2001 - Page 3 of9 COUNCILMEMBER HELLICKSON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. Councilmember Hellickson pulled the following consent agenda items: Item (e)l Council Bill #286/Propertv Tax Rate' Item (£)/ Council Bill #28712001-02 Biennial Budget Adjustment" and Item (k)lMunicipal Judge Reappointment The motion to approve Consent Items (a), (b), (c), (d), (g), (h), (i), 0), (I), (m), (n), (0), and (p) passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Consent Item (e)/ Council Bill #286/Propertv Tax Rate: Councilmember Hellickson asked for a staff report. Management Services Director Iwen Wang provided Council members with a brief background on the proposed property tax rate. COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT ITEM (e)/COUNCIL BILL #286/PROPERTY TAX RATE AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park yes yes yes Consent Item (£)/ Council Bill #287/2001-02 Biennial Budget Adjustment COUNCILMEMBER HELLICKSON MOVED TO AMEND COUNCIL BILL #287 TO EXCLUDE THE $30,000 BUDGETED FOR THE CITY'S 2002 AIRPORT COMMUNITIES COALITION (ACC) DUES; DEPUTY MAYOR KOCHMAR SECOND FOR DISCUSSION PURPOSES ONLY. Federal Way City Council Regular Meeting Minutes December4,2001-Page4of9 DEPUTY MAYOR KOCHMAR THEN PROPOSED A FRIENDLY AMENDMENT TO BUDGET THE SUM OF $15,000 FOR THE CITY'S 2002 ACC DUES; COUNCILMEMBER HELLICKSON ACCEPTED HER FRIENDLY AMENDMENT TO BUDGET THE $15,000 AMOUNT. The amendment to reduce the city's budgeted 2002 ACC dues from $30,000 to $15,000 passed as follows: Burbidge Faison Gates Hellickson yes no yes yes Kochmar McColgan Park yes yes yes DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF CONSENT ITEM (f)/ COUNCIL BILL #287/2001-02 BIENNIAL BUDGET ADJUSTMENT, AS AMENDED; COUNCILMEMBER MCCOLGAN SECOND. The main motion, as amended, passed as follows Burbidge Faison Gates Hellickson yes no yes yes Kochmar McColgan Park Consent Item (k)lMunicipal Judge Reappointment yes yes yes COUNCILMEMBER HELLICKSON MOVED TO POSTPONE CONSENT ITEM (k) TO THE NEXT REGULAR MEETING ON DECEMBER 18TH, FOR PURPOSES OF DISCUSSING JUDGE TRACY'S REAPPOINTMENT IN AN OPEN FORUM, TO ALLOW FOR INPUT FROM CITIZENS AN"!> CITY STAFF; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson VI. PUBLIC HEARING yes yes yes yes Kochmar McColgan Park yes yes yes Amendment to Proposed 2002-2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) Mayor Park read into record. the procedures to be followed, and opened the public hearing at 802 p.m. Federal Way City Council Regular Meeting Minutes December 4,2001 - Page 5 0/9 Staff Report Public Works Traffic Engineer Rick Perez gave a brief presentation to Council on the proposed amendments to the 2002-2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP), where a signal improvement at SR99 & S 324th Street would be added. Citizen Comment Charles Connon and Bernard Mottershead, questioned Councilmembers and city staff regarding air quality and proposed property condemnations related to the project. Hearing no further citizen comments, Mayor Park closed the public hearing at 8:15 p.m. Council Deliberation COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF THE RESOLUTION ADOPTING THE AMENDED 2002-2007 TRANSPORTATION IMPROVEMENT PLAN (TIP) AND THE ARTERIAL STREET IMPROVEMENT PLAN (ASIP); COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Resolution-Approved Resolution #01-353 VII. CITY COUNCIL BUSINESS Planning Commission Appointments COUNCILMEMBER MCCOLGAN MOVED THE APPOINTMENT OF THE FOLLOWING PERSONS TO THE CITY'S PLANNING COMMISSION: GRANT NEWPORT AS COMMISSIONER; CHRISTINE NELSON, MARTA FOLD!, AND WILLIAM MOORE AS ALTERNATES, ALL WITH 4-YEAR TERMS EXPIRING ON SEPTEMBER 30, 2005; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes December 4, 2001 - Page 6 of 9 Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes VIII. INTRODUCTION ORDINANCES a. Council Bill #288/Code Amendment/Arts Commission Reduction in Membership AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 2-58 OF CHE FEDERAL WAY CITY CODE REDUCING THE NUMBER OF MEMBERS ON THE ARTS COMMISSION. (AMENDING ORDINANCE NOS. 91-84 AND 97-285). '. COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #288/CODE AMENDMENT/ARTS COMMISSION REDUCTION IN MEMBERSHIP TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #289/356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF A REGIONAL STORM WATER RETENTION/DETENTION FACILITY IN THE VICINITY OF SOUTHWEST 356TIi STREET AND BETWEEN 4TIi AVENUE SOUTHWEST AND 8TH A VENUE SOUTHWEST, ALL WITHIN THE CITY OF FEDERAL WAY, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; PROVIDING FOR THE CONDEMNATION, APPROPRIATION, AND TAKING OF REAL PROPERTY NECESSARY THEREFOR; AND DIRECTING THE CITY ATIORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LA W FOR SAID CONDEMNATION. Councilmember Hellickson recused himself on Council Bill #289. Federal Way City Council Regular Meeting Minutes December 4, 2001 - Page 7 of 9 Public Works Surface Water Manager Paul Bucich gave a brief presentation to the Council, outlining the historical progression related to the proposed project Citizen Comment Patricia Wilson, addressed Council regarding her property, which is currently linked to proposed Council Bill #289; she asked Council to exclude her property from this project while she continues working with the city on a solution to her concerns. Charles Connon - per Connon's request, Deputy Mayor Kochmar read his written comments into the record-the comments are attached hereto and marked as Exhibit "An Patricia Owen, expressed her concerns regarding the increased flooding problems on her property H. David Kaplan, discussed his concerns with drainage, and reiterated his prior efforts to designate the area as open space property. Bernard Mottershead, spoke in opposition to the location of the proposed regional storm water retention/detention facility on 356th Street Randy Neighbors, also noted his opposition to the location of the proposed regional storm water retention/detention facility on 356th Street Ron Lilley. expressed his opposition to this project, and questioned why Council did not. consider enacting a building moratorium as an option. COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #289/356TH STREET REGIONAL STORM WATER RETENTION/DETENTiON FACILITY PROPERTY CONDEMNATION TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING; DEPUTY MAYOR KOCHMAR SECOND. Council asked city staff to address the citizen concerns outlined above Public Works Director Cary Roe briefed Council on the pending issues associated with this project. The pending motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes recused Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes December4,2001-Page8of9 IX. CITY COUNCIL REPORTS Council member Gates announced the Finance/Economic Development/Regional Affairs Committee does not have a scheduled December meeting, however she noted the Council would be meeting with the 30th District Legislators on December lOth, at 7:30 a.m. She updated Council on regional issues and distributed a written report on Sound Transit. Councilmember Burbidge announced the next meeting of the ParkslRecreationlHuman ServiceslPublic Safety meeting would be held December lOth, at 12:00 noon. She reported on her attendance at various regional meetings and reminded Council and citizens of upcoming arts events in the community. Councilmember Hellickson reminded citizens of the South King County Benefit Dinner and Auction to be held December 6th, starting at 6:00 p.m., at the King County Aquatic Center-all proceeds will benefit the Federal Way Multi-Service Center and Food Banle Councilmember Faison had no report. Councilmember McColgan announced the Land UselTransportation Committee regular meeting scheduled for December 17th has been canceled. Deputy Mayor Kochmar recognized the high school students in the audience, and commented on citizens coming together during the holiday season, she extended her thanks to Councilmember Faison for attending the Airport Communities Coalition meeting in her absence. Mayor Park noted he and several other Councilmembers attended the city's Holiday Tree Lighting ceremony at the SeaTac Mall on December 1". He reminded citizens of the Sister City Association meeting on December 5th. He announced he will be attending the upcoming special meeting with the 30th District Legislators on December lOth, and the City/School District Liaison meeting on December 12th. X. CITY MANAGER REPORT City Manager David Moseley reminded Council of the meeting with the 30th District Legislators on December lOth, at 7:30 am., to discuss the 2002 legislative agend1. Mr. Moseley thanked Council members Gates, Burbidge, Faison and Deputy Mayor Kochmar for attending the South King County Technology Alliance meeting on November 29th Federal Way City Council Regular Meeting Minutes December 4,2001- Page 9 019 Mr. Moseley said he is pleased to announce the city staff's United Way campaign and silent auction this year raised Over $17,000-$2,000 over last year's amount; he extended his thanks to co-chairs Patrick Briggs and Kathy McClung. City Manager Moseley announced tonight's scheduled executive session has been canceled. XI. EXECUTIVE SESSION a. b. Potential Litigation/Pursuant to RCW 42.30.11 O(l)(i) -canceled Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) -canceled Property AcQuisition/Pursuant to RCW 42.30.1100 )(b) -canceled c. XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of9:25 p.m. Stephanie D.Courtney Deputy City Clerk , '~r ~:::-"J ~ ;ZL, ~~ 1. You the council, have listened to the city staffs position onO condemning our property. Why can't you have the decency to hear the victims position? We are in fact victims because you are about to pass judgment on things that will impact our lives and you have only heard one side of the story. I ask myself why the city staff doesn't want you to hear both sides of the issue. Is it because they think both sides might confuse you ?, or perhaps both hearing sides might raise questions or concerns that they don't want to answer? People dealing with the city have a feeling that there two sides to every issue affecting the people of Federal Way. This could be reguarding the City core, the Adult Busines, the Sign Code or condemnation. There is the Cities position and the wrong position. How do you know our position is wrong if you won't hear it. Hold a meeting with us and find out. Three minutes twice a month doesn't work. Don't hide behind the quasi judidal position. Listen to all, not just the City Staff. 2. How Come- The city tells their appraiser that I can't develop my " '. property because of existing legal access problems. IE: Road won't support traffic. Yet the City approves a Montessori school on my private road that could increase traffic by over 40 trips a day? ~ 3. The city tells the appraiser that I can't develop my property because of the City's steep slope ordnance, yet they let several Bellacarino Woods homes be constructed on similar sloped lots ? 4. The City says I can't add fill to my property because it would fill i~(. part of the depression, (the area they want for their stormwater ' pond) forcing water on other land owners. The city let the Bellacarino Woods developer fùI in part of the depression forcing the water to my property and have recently let a private Bellacarino Woods landowner do the same. In fact they approved the latest fill added to the Bellacarino Woods lot and worked with a developer to take the fill from City owned property do the job. 5. Staff meeting notes show that not all staff personnel see the need to take as much private land as is being taken? Why can't this be discussed? 6. Why won't the city consider taking land below 310 feet where , there would be less impact on our septic systems. This would enable /' some of us to protect our septic systems and will only cost the City L '1'( the price of a retention wall and some fill. Affects only 3 or 4 people. Q: n .~ ~ \ [) \ /; , '. . EY.lli!J:T ~~!~ . Lv \¥" \ yf ~ Cy~ (1('v1-?/\L~J /ho¿¿7c.-,~---::; A~£.... é/ I.x./ ý/ c I I) o/" 0 7. The city shows the land they want as a wetlands on page 94 of the GIS Division map located on the counter in public works. It isn't a wetland and the city knows this. They have Sheldon and Assoc. letter dated May 17, 1999. The city attorney states that our flooding get worse every year. This isn't true. We had flooding during the big 1990 storm up to about the 305 foot level and again Í11 1995 & 6 while Bellacarino Woods was being built. The water overflowed the Bellacarino Woods retention pond bank and flooded us. Once up to the 310 foot level. The contractor scraped the Bellacarino Woods pond in 1997 and there has been no flooding since that I know of. 8. You the City Council seem to think that by approving the condemnation resolution that you are just sending it to the judge for him to determine if the condemnation is in fact justified. This is not the case. The judge puts a lotof weight on the fact that the council has recommend condemnation. See judges ruling in the Parke case. It is your job to be sure that the land is needed before you send it to . ' the courts. v. .,~. MEETING DATE: ~~f~&£fD/ lTEM#::;¡C (t ) ---- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Revise the Number of Commission Positions on the Arts Commission CATEGORY: M CONSENT Ö RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: [g ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 ATTACHMENTS: Parks, Recreation, Human Services & Public Safety Council Committee Agenda Bill, Amendment to Ordinance Nos. 91-84 and 97-285. SUMMARYIBACKGROUND: At the October Arts Commission meeting the Commission passed a motion to recommend to Council a reduction in the number of Commission positions trom eleven members to nine members. The Commission is recommending the reduction for several reasons. When originally fonned in 1991, the City was just beginning services and the budget and Work Plan were larger. The budget has diminished over the last several budget 'cles and the Work Plan is reflective of the change in financial resources. A re-organization of the Commission sub- ,mmittees trom four to three Committees was made in 2001. The Commission feels a smaller number of Commission members can adequately administer the current work program. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve and move to full Council the Amendment to Ordinance Nos. 91-84 and 97-285 to reduce the number of Commission positions from eleven members to nine members. --------- PROPOSED MOTION: I move the proposed Amendment to Ordinance Nos. 91-84 and 97-285 to reduce the number of Arts Commission positions trom eleven members to nine members to second reading and approval at the next regular meeting on December 18,2001. CITY MANAGER APPROVAL: ~- ------- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED IJ/ TABLED/DEFERRED/NO ACTION MOVED TO SECOND REAI}INÇ (ordillollcesg,llly) 10 '~/f;IOI mee:h113 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # o<.pp 5.H CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: November 9, 2001 Subject: Parks, Recreation, Human Services & Public Safety Council Committee -/ Mary Faber, Recreation and Cultural Services Superintenden(þÍi. ¿ David MOS~nager / Revise the Number of Positions Serving on the Arts Commission To: From: Via: Backl!round: At the October Arts Commission meeting the Commission passed a motion to recommend to Council a revision of the number of positions from eleven members to nine members. The Commission is recommending the change for several reasons. When originally formed in 1991, the City was just beginning services and the budget and Work Plan were larger. The budget has diminished over the last several budget cycles and the Work Plan is reflective of the change in financial resources. A re-organization from four Committees to three Committees was made in in 2001 and the Commission feels a smaller number of Commission members can adequately administer the current work program. Committee Recommendation: Move to recommend to full Council approval to Amend Ordinance Nos. 91-84 and 97-285 to reduce the number of Commission positions from eleven members to nine members- i:/councomskbdparkO 1 k-l ORDINANCE NO. DRAFT {{ (.¿f:>/t I AN ORDINANCEOFTHE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 2- 58 OF THE FEDERAL WAY CITY CODE REDUCING THE NUMBER OF MEMBERS ON THE ARTS COMMISSION. (Amending Ordinance Nos. 91-84 and 97-285) WHEREAS, in January, 1991 the City Council created the Arts Commission consisting of eleven members; and WHEREAS, the projects and financial resources for the Arts Commission have diminished; and WHEREAS, the Arts Commission's work program no longer requires as many sub- committees to carry out the work program; and WHEREAS, the Arts Commission has restructured its organization for better management ofthe work program and easier communication; and WHEREAS, the Arts Commission requested that the nwnber of members on the Arts Commission be reduced from eleven members to nine members; and WHEREAS, the City Council finds that it would be in the best interest of the community to modify Section 2-58 of the Federal City Code to reduce the number of Arts Commission to members to nine; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Article III, Division 2, Section 2-58 is hereby amended as follows: ORD# ,PAGE I 2-58 Membership (a) The arts commission shall consist of ++2 members appointed by the city council. (b) The arts commission shall serve without compensation. (c) Each member of the arts commission shall serve a tenn of three years. The city council shall annually appoint new members to fill the expiring tenus on the arts commission. If, for any reason, a vacancy occurs during the tenus of an arts commission member, the city council shall appoint a new member to fill the unexpired tenn of that member. The city council may remove an arts commission member at any time i[the city council detennines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the arts commission shall serve until their successors are duly appointed by city council. (d) Persons appointed to serve on the arts commission shall reside within the corporate limits of the city during the members' tenn. (e) To the extent practicable, appointments to the arts commission shall reflect a balance ofinterests in fine and perfonning arts and preservation of cultural heritage. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) ORD# ,PAGE 2 days trom the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this ,20~. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. J(,1OnI'orn<nd2-58 1119101 ORD# , PAGE 3 day of MEETING DATE: Vellt1ltif 1~12œ¡ Bee.nk., 1, 2QOJ ITEM#;I[[Œ-) -"--'---'-----'-----------",------",-------,- '---",,"--,"--"---"--,", CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: SW 356th SITeet Regional Storm Water RetentionlDetention Facility Property Condemnation ~~N-~ ~~~~~G --~~~~;~- 0 CITY COUNCIL BUSINESS 0 OTHER , ~:nting.nCY Req'd: $ --------,--"--,""--"--,-",-,"-",--",- , ---"--" ATTACHMENTS: Proposed Condemnation Ordinance, "SW 356th SITeet Closed Depression Analysis" prepared by KCM dated March 1999. ---"-"----",","-",",,",--""--"-----""---"---"-"-",-""-------------'"'----------"------------'- SUMMARYfBACKGROUND: Acquisition of property to enable operation of the closed depression as a regional storm water retention/detention facility is part ofthe City's adopted CIP for 2001. The properties are located in a natural closed depression that historically and currently receives storm water runoff from a large upsITeam ITibutary basin. In furtherance of the CIP, staff has reviewed several alternative solutions to existing flooding and predicted flooding -oblems within the ITibutary basin. These alternatives are reported in the attached closed depression analysis by KCM, ~. dated March 1999. The report concludes, and staff concurs, that the best alternative solution is the acquisiiton of appropriate property rights within a significant closed depression and that property be designated, operated and maintained as a regional storm water retention/detention facility. The acquisition of property rights to the elevation of320 feet - recommended alternative #5 - as indicated by the report involves the purchase of property or strip easements from several lot owners. To date, negotiations with five of the owners has proceeded in a cooperative manner, and Council has approved purchases accordingly. Negotiations with five of the owners - Connon, Mejias, Neighbors, Wilson and Weber (a.k.a. Operating Systems, Inc.) - have not proceeded as fi1Jitfully. Staff is therefore requesting that the Council adopt the attached Ordinance condemning the property. Staff does not intend to cease negotiations if the Ordinance is adopted, but will continue to attempt to reach agreement with each property owner as the condemnation moves forward. "-----,---,-"-----""---"- "" ,"",-,,--,------,-- --'-'-"--"-'"------------- CITY COUNCIL COMMITTEE RECOMMENDATION: N/A ---,------"-,,-,-,"," ","--"-"-----""-,," ","-""" "--"---"-"---"-----------","-,-" , ,",,-,--",-",--------"---"- PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting On December 18, 2001." TY MANAGER APPROVAL: "~-----"------- ---"-" "-"","-,-",---"--" --------"-,-,-",,-""""-- "" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDillEFERRED/NO ACTION [Ø" MOVED TO SECOND READING (ordinances only) 1f1/!J{O/ ~~ REVISED - 05110/2001 COUNCIL BILL # 1 ST Teading Enactment reading ORDINANCE # RESOLUTION # ~J>-7' 11,-1-/-0 I ORDINANCE NO. DRAFT !f!Z7/tJ( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUiSITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF A REGIONAL STORM WATER RETENTIONIDETENTION FACILITY IN THE VICINITY OF SOUTHWEST 356TH STREET AND BETWEEN 4TH AVENUE SOUTHWEST AND 8TH AVENUE SOUTHWEST, ALL WITHIN THE CITY OF FEDERAL WAY, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; PROVIDING FOR THE CONDEMNATION, APPROPRIATION, AND TAKING OF REAL PROPERTY NECESSARY THEREFOR; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. WHEREAS, in 1991 King County prepared The Hylebos Creek and Lower Puget Sound Basin Plan ("Plan"), which identified drainage complaints dating back to 1974 and originating within the drainage basin located in the vicinity ofSW 346th Street and SW 363rd Street, and extending !Tom 6th Avenue SW to about 20th Avenue SW ("the Basin"); and WHEREAS, the Plan called for a "SW 356th Street Drainage Study," to conduct hydrologic modeling of several closed depression and complete preliminary engineering design of a stonn water drainage system to solve local flooding of structures in the areas within and surrounding closed depressions within the Basin; and ORD# Page -I WHEREAS, in 1992 King County commissioned the finn of Brown & Caldwell, and Northwest Hydraulic Consultants under contract with Brown & Caldwell, to conduct the SW 356th Street Drainage Study; and WHEREAS, Brown & Caldwell recommended that the County or City of Federal Way consider purchasing property below the elevation 320 feet and located within a particular closed depression in the vicinity of SW 356'h Street between 4th Avenue SW and 8th Avenue SW ("the Closed Depression); and WHEREAS, as part of its 1995 adoption of its GMA Comprehensive Plan, the City Council adopted a 6-year, Surface Water Management Capital hnprovement Program ("CIP"), which included monies for acquisition of property within the Closed Depression; and WHEREAS, acquisition of property to enable operation ofthe Closed Depression as a regional stonn water retention/detention facility was approved by the City Council as part of the Surface Water Management's 1998-2003 CIP, and was adopted as Table VI-4 in the City's December, 1998 GMA Comprehensive Plan; and WHEREAS, the City of Federal Way commissioned KCM, Inc. to further study the options of either purchasing property within the Closed Depression, for use as a regional stonn water retention/detention facility, or utilizing other engineering techniques to reduce the potential for flooding; and WHEREAS, in March 1999 KCM, Inc. prepared its SW 356'h Street Closed Depressions Analysis, which analyzed five alternatives and concluded that purchasing property within the Closed Depression subjected to flooding up to the 100-year recurrence frequency is the least cost option that provides the desired level of protection from flooding; and ORD# Page -2 WHEREAS, City staff have recommended, based on the KCMAnalysis, that the City purchase property within the Closed Depression, to allow the Closed Depression to function as a regional stonn water retention/detention facility; and WHEREAS, pursuant to WAC 197-11-800(5)(a), the acquisition of any right to real property is exempt trom review under the State Environmental Policy Act; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessity. The public health, safety, necessity and convenience demand that the Closed Depression located within the City of Federal Way and depicted on the map attached as Exhibit "A" hereto be operated and maintained as a regional stonn water retention/detention facility, and that certain property be condemned, appropriated, taken and damaged for such purposes as provided by this ordinance. Failure to operate and maintain the Closed Depression as a regional stonn water retention/detention facility will result in the flooding of structures and property within the Closed Depression below the elevation of320 feet, contribute to runoff and flooding outside of the Closed Depression within the drainage basin, subject the City to further litigation (albeit not meritorious), and/or result in a building moratorium which could prevent or delay the City of Federal Way in meeting annualized household growth targets set pursuant to the Growth Management Act and the King County Countywide Planning Policies. Section 2. Public Use. The operation and maintenance ofthe Closed Depression as a regional stonn water retention/detention facility is demanded by public health, safety, convenience and necessity. The regional stonn water retention/detention facility owned by the City of Federal Way, will receive stonn waterrunofftrom publicly owned rights of way as well as private property ORD# Page -3 within the Basin, will allow for alleviation of existing and future flooding, and provide adequate drainage capacity for existing and new development planned for in the City's Comprehensive Plan. Therefore, the use of property and/or easements condemned herein for the operation and maintenance of a regional storm water retention/detention facility constitutes a public use. Section 3. Condemned Property. The City Council ofthe City of Federal Way, after reviewing the planned improvements, hereby declares that the property located within the City of Federal Way and legally described in Exhibit "B" attached hereto and incorporated herein by this reference, and as shown on the parcel map set forth in Exhibit "C" attached hereto and incorporated herein by this reference ("Property") shall be and hereby are condemned, appropriated, taken and/or damaged for the public use and purpose of operating, and maintaining a regional storm water retention/detention facility described in Section 2 above. The condemnation, appropriation, taking and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the storm water retention/detention facility as well as temporary easements to enable construction and installation of any improvements. Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 4. Condemnation Legal Action. The City Attorney or other attorney selected by the City Attorney is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of ORD# Page -4 any right of use to the Property owner( s), provided that such reservation does not interfere with the use of the Property by the City as a regional stonn water retention/detention facility. The City Attorney is further authorized to adjust the amount of the Property condemned herein, in order to minimize damages, provided that said adjustment does not interfere with the use ofthe Property by the City as a regional stonn water retention/detention facility. Section 5. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days ¡¡-om and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this - day of , 200 I. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD# Page -5 APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K,\ORDIN\CONDMreg.356.2~ ORD# Page -6 <..-,'- ., ~"'i:...- ~'1J'. ~n;:. =:,n;:. ~-- ~ "","S" r EXHIBIT ~ ." PARCEL #302104-9133 (LOT 2) THAT PORTION OF LOT 2 OF KING COUNTY SHORT PLAT NUMER 177014 RECORDED UNDER RECORDING NUMBER 7703110466 RECORD OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 69.8 FEET TO ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID ELEVATION 320 TO THE SOUTH LINE OF SAID LOT 2; THENCE EAST ALONG SAID SOUTH LINE, A DISTANCE OF 182.5 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 THENCE NORTH ALONG THE EAST LINE OF SAID LOT 2 TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 258.4 FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING. CONTAINING 28,951 SQUARE FEET MORE OR LESS PARCEL #302104-9133 EXHIBIT B-1 ,<)5 ----------320 @ UNPLATTEO PARCEL 302104-9112 '" '" ~ SHOWING EXHIBIT MAP ~ g N '" '" ~ '" LOT 1 K.C.S.P. 177014 PARCEL# 302104-9132 '" '" ~ ;; <POB w . 0 . 0 f ~ z g ~ LOT 3 K,C.S.P. 177104 PARCEL# 302104 9134 ~ 131.0' S 88'41'05. E 197." LOT 4 K.C.S.P. 177104 PARCEL# 302104-9002 ;.. :g ACAD No,1580o.r-1 Prepo.recl by EAR T H T E PARCEL NO. 302104-9133 720 S, 333 St. SIe,200 Federal Way, WA 98003 253 - 838-6202 c H 06-18-99 PARCEL #302104-9134 (LOT 3) THAT PORTION OF LOT 3 OF KING COUNTY SHORT PLAT NUMER 177014 RECORDED UNDER RECORDING NUMBER 7703110466 RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTWEST CORNER OF SAID LOT 3; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 145.7 FEET TO ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID ELEVATION 320 TO THE SOUTH LINE OF SAID LOT 3; THENCE EAST ALONG SAID SOUTH LINE, A DISTANCE OF 131.0 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 3 TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 182.5 FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING. CONTAINING 21,054 SQUARE FEET MORE OR LESS PARCEL #302104-9134 EXHIBIT B-2 -------320 ) @ UNPLATTED PARCEL 302104-9112 ..., ~ ~ " z SHOWING EXHIBIT MAP :3 ~ , 0 . 0 ~ ~ " 258.4' S 88'4"05° E 328.25' LOT 2 <{>o K.C,S,P, 177104 ARCEL# 302104-9133 TPOB g ~ S 88'4"05° E 197.1' LOT 4 K,C,S,P, 177104 PARCEL# 302104-9002 "~"" , S\í'l:f'í :,56\1-1 SO ~ '" ~ '- :g ACAD No,1580o.r-1 Prepo.reå by EAR T H T PARCEL NO. 302104-9134 720 5. 333 51. 5te.200 Federal Way, WA 98003 253 - 838-6202 E ,,:' c H 06-18-99 PARCEL #302104-9002 (LOT 4) THAT PORTION OF LOT 4 OF KING COUNTY SHORT PLAT NUMER 177014 RECORDED UNDER RECORDING NUMBER 7703110466 RECORDS OF KING COUNTY, WASHINGTON, DESCRillED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 197.1 FEET TO ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID ELEVATION 320 TO THE EAST LINE OF SAID LOT 4; THENCE NORTH ALONG SAID EAST LINE, A DISTANCE OF 106.1 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 131.0 FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING. CONTAINING 11,395 SQUARE FEET MORE OR LESS PARCEL #302104-9002 EXHIBIT B-3 @ UNPLATTED PARCEl 302104-9112 ~ "' ~ 0 z SHOVING EXHIBIT MAP ~ 0 .., ;:: w . 0 . 0 ~ ~ 0 25B.4' S Ba'4,'05' E 32a.25' LOT 2 "'>0 K.C.S.P. 177104 ARCEL# 302104-9133 ~ IB2.5' g ~ ~ LOT 4 K.C.S.P. 177104 PARCEL# 302104-9002 TOTAL AREA ~ 53,BO9 'q It AREA ABOVE ElEV. 320 ~ 42,214 'q It AREA BELOW ELEV. 320 ~ 11,395 'q It "'" ".~ ((Í SìíZ '.)56ì\-l SO õn ~ ,. " ACAD No, 1580Clr-1 PrepClreci by EAR T H T PARCEL NO, 302104-9002 720 5. 333 51. 5te.200 Fede,ol Way, WA 98003 253 - 838-6202 E c H 06-18-99 PARCEL #302104-9123 THAT PORTION OF THE NORTH 290 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER LYING NORTH OF THE LAND DEEDED TO KING COUNTY FOR ROAD (SOUTHWEST 356TH STREET) ALL IN SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON; AND THAT PORTION BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH 290 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON; THENCE FROM SAID POINT OF BEGINNING, ALONG THE WEST LINE OF SAID SUBDIVISION NORTH 01°38'21" EAST, 42.62 FEET; THENCE LEAVING SAID WEST LINE SOUTH 43°21'39" EAST, 15.56 FEET; THENCE SOUTH 01°38'21" WEST, 31.57 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE NORTH 88°38'46" WEST, 11.00 FEET TO THE POINT OF BEGINNING, PURSUANT TO KING COUNTY SUPERlOR COURT CAUSE NO. 93-2-21012-4; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 250.6 FEET TO ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF JANUARY 1999; THENCE NORTHEASTERLY ALONG SAID ELEVATION 320 TO THE NORTH LINE OF SAID PARCEL; THENCE WEST ALONG SAID NORTH LINE, A DISTANCE OF 114.3 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE TRUE POINT OF BEGINNING. CONTAINING 14,366 SQ. FT MORE OR LESS PARCEL #302104-9123 EXHIBIT B-4 c' ' ",OOOS ,W" <;%",0 ,,<:cl.l' PO. lOT" TOTAl AREA = 48,000 sq It AREA ABOVE ELEV. 320 = 33,634 q It AREA BELOW ELEV. 320 = 14,366 sq It EXHIBIT MAP E A SHO"rNG PARCEL NO. 302104-9123 @ UNPlAmO PARCEl 30210'-9112 :.., U) ~ z ::i g i!i g ~ ACAD . No. 1580o.r-l Prepo.red by R T H T E 720 S. 333 51. Ste.200 Federo.l Way, WA 98003 253 - 838-6202 c H 06-18-99 PARCEL #302104-9046 THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER LYING NORTH OF THE RIGHT OF WAY OF SOUTHWEST 356TH STREET (ALSO KNOWN AS JOHN LOBE ROAD), IN SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON; EXCEPT THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30; THENCE NORTH 00°25'18" EAST, 254.92 FEET, SAID LINE BEING THE 1/16 LINE OF SAID SECTION; THENCE SOUTH 73°53'40" WEST, 234.70 FEET; THENCE SOUTH 00°25'18" WEST, 30.00 FEET; THENCE SOUTH 10°51'52" EAST, 259.76 FEET TO THE NORTHERLY RIGHT OF WAY OF SOUTHWEST 356TH STREET; THENCE PROCEEDING ALONG SAID RIGHT OF WAY LINE, NORTH 76°23' EAST, 179.52 FEET TO THE EASTERLY 1/16 LINE; THENCE NORTH 00°25'17" EAST, 53.02 FEET ALONG SAID 1/16 LINE TO THE POINT OF BEGINNING, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 322.3 FEET TO ELEVATION 320 BASED ON CITY OF FEDERAL WAY VERTICAL DATUM AS OF JANUARY 1999 AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID ELEVATION 320 TO THE EAST LINE OF SAID PARCEL; THENCE SOUTHERLY ALONG SAID EAST LINE, A DISTANCE OF 111.8 FEET TO SAID ELEVATION 320; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID ELEVATION 320 TO THE WEST LINE OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE, A DISTANCE OF 447.5 FEET TO SAID ELEVATION 320 AND THE TRUE POINT OF BEGINNING. CONTAINING 32,036 SQ. FT. MORE OR LESS PARCEL #302104-9046 EXHIBIT B-5 "O~. ~ ~ ~ UNPLATTED PARCELl 302104-9046 TOT"- """ - "5.JOO " " N<£A ABM ELEV. 320 - 153.". " " """ BElOW ELEV. 320 - 32.036 " " @ -9133 UNPLATTED PARCELl 302104-9103 "1.0' UNPlATTEO 'AACEl 3O2IOH1O2 EXHIBIT MAP ACAD No. 1580ar-l Prepared by E A R T H T E c H SHOVING 720 5. 333 51. 5te.200 Fedecal Way, WA 98003 253 - 838-6202 06-18-99 PARCEL NO. 3021404-9046 ~"\:".~ ~"I:. ," #'" ". EXHIBIT c/ -I 'j I I I J I ~ r I ] J I ] ] J SW 356TH STREET CLOSED DEPRESSION ANALYSIS March 1999 Prepared for: City of Federal Way 33530 1" Way South Federal Way, Washington 98003 Prepared by: KCM KCM, Inc, 1917 First Avenue Seattle, Washington 98101-1027 (206) 443-5300 Project #2840108 J J I " ! " -1 ¡ ] ] "] I ~ J I ] J j ] ] J J J SW 356th Street Closed Depression Analysis ( TABLE OF CONTENTS Title PaRe No, 1. Introduction.........................................................................................1 Background """""".."......"".""."."..".."."."""..."."""".....""..""".".....""".1 Previous Analyses ."."""""".""""."""""""."""".."".."".""."""""""...".,,.. 1 2. HSPF Modeling Analysis...................................................................5 Major Model Components "."."."""""""".""...."....."""".""....""""."...""'" 5 PrecipitationlEvaporation Data."""."..."."..".."..."....."""""....""..".,,5 Soil Data .""."".."."".""".....".....".""."."."...".""."."......""."....",.".." 5 Land Use."..""...".""."""""."""........."."".."........"."..."..."."."........... 5 Subbasin Delineation ."..""..."."......"."."".".."......"".".".......".".........5 Results"".."".""....."............."..........".".""."".".....""".".............."..............8 3. Alternatives..........................................................................................9 Alternative 1......"."""."..".""......""""...."..""."."..........".""..."."""......."...9 Alternative 2......"""......."............""""........"."..""..""."."......."..."".....""".9 Alternative 3."."."".."."..."........""""."........"""....."."."..."....".".""........" 10 Alternative 4..................................................................................................10 Alternative 5"..""."..."""...""""""".."..."..."............"".........""........"".."..11 Alternative 6".""....."...".."..."".............."."."...."...."".."........".""......".....14 c 4. Conclusions........................................................................................15 5. Reference~ ..........................................................................................17 Appendices A. B. HSPF Input Data Files Topography of the Depression Area I' ! -I J ] .J ] I i ",. i J À ] J ] J ] \ J ] '" TABLE OF CONTENTS SW 356th Street Closed Depression Analysis LIST OF TABLES No. Title Paf!e No. 1 Stage Frequency Analysis for the SW 356th Street Closed Depression ....,.. 8 2 Parcels Containing Elevation 320 Feet........................................................ 12 3 Estimated Construction Cost for Alternatives............................................. 15 LIST OF FIGURES No. Title Paf!e No. 1 2 3 4 Vicinity Map .........................................................,..,............................,..,.....,.2 Subbasin Delineation for HSPF Model..",........",........................................., 6 HSPF Modeling Schematic-Case 3; Existing Conditions ............................ 7 Impacted Parcels.............................",.....",................................................... 13 ; ii , I '. ] ~ J ] J I ] ] j j J 1. INTRODUCTION ( KCM has reviewed previous hydrologic analyses of the SW 356th Street closed depression and its drainage basin. Numerous analyses have been performed in this basin, primarily in association with residential developments. King County recognized the need for further analysis of the basin in the Hylebos Creek and Lower Puget Sound Basin Plan (King County, 1991). The County identified the basin as a problem area (Project Number 2451) and recommended further study. This report summarizes the previous analyses, with an emphasis on the most current. It describes key modeling information, identifies alternatives, and summarizes the conclusions found. BACKGROUND The 354-acre drainage basin of the SW 356th Street closed depression is almost evenly divided by SW 356th Street. It extends from about 6th Avenue SW to about 20th Avenue SW, between about SW 346th Street and SW 363rd Street (see Figure 1). Land-use in the drainage basin is primarily single-family residential. The basin includes two major closed retention ponds: the Madrona Meadows pond in the western part of the basin and the Bellacarino Woods Park closed depression in the eastern part. When the Madrona Meadows pond's water level increases sufficiently, it overflows and drains to tHe Bellacarino Woods Park closed depression. Both closed depressions drai¡:). primarily by infiltration. ( The basin has been identified as having historical drainage problems (King County Project Number 2451). The Hylebos Creek and Lower Puget Sound BasLn Plan called for the following project to address the problems: SW 356th Street Drainage Study-Conduct hydrologic modeling of several closed depressions and complete preliminary engineering design of a stormwater drainage system to solve local flooding of structures in the area surrounding the closed depression. The County has recorded drainage complaints from within the drainage basin dating back to 1974. Recent complaints (1990) include a residence that experienced flooding, including structure flooding, when water ponded in the closed depression. PREVIOUS ANALYSES Numerous analyses of the drainage basin have been performed in association with residential development and with SW 356th Street roadway improvements. me earliest analysis reviewed for this report was conducted in 1989. Generally, each study was more sophisticated than the previous studies, reflecting improved calculation techniques and stricter development standards. \. L..- 11 ci 5 ¡ ~ -- ..... ..... ,~ dL; '-- i.-....J ...... '. " ",~ sw 340th SI. :;: (/) ! ~ N UJ Z ~ ~ .. ~~)...J 6/ , """I.: ",0". . . ---- ! -l I :------:--------.--, CITY °Y'MILTON 1 KCM 1917FirslAvenue 5eal//e, Washing/on 98101 City of Federal Way SW 356TH STEET CLOSED DEPRESSION ANALYSIS Figure 1- VICINITY MAP en £ £ ., N '--". - 1Þ Laka ï/:~maY I ( .. S 36olhisi. (/) ! -g N M I' tP I ~ ., '. . . . ~ . ~ ~ ~ ~ ~ ~ . . . . I . SW 356th Street Closed Depression Analysis... ...1. INTRODUCTION Stepan & Associates conducted a drainage analysis for the Madrona Meadows development, using the SCS method (Stepan, 1989). The analysis for the Madrona Meadows retention pond used a perc61ation rate of 30 minutes/inch (48 inches/day). ( Urban Design performed an analysis of the SW 356th Street closed depression (referred to as the Bellacarino Woods closed depression in Urban Design's report) using SCS methods (Urban, 1990). The analysis identified a tributary watershed area of 225 acres and concluded that the closed depression will accommodate the 100-year 24-hour storm but not the 1O0-year 7-day storm. In 1991, Urban Design expanded its previous analysis to account for overflow from the Madrona Meadows retention pond (Urban, 1991). This analysis had the benefit of percolation rates based on observed ponding. A percolation rate of 5.6 inches per day was calculated for the closed depression from measurements taken during one storm (subsequent field surface percolation tests indicated infiltration rates many times higher, but the value of 5.6 inches was used for the study). Field surface infiltration tests by others at the Madrona Meadows pond found virtually no infiltration there. Therefore, the 1991 Urban Design study assumed no infiltration at the Madrona Meadows pond and routed overflow to the Bellacarino W~ods Park closed depression. . _.-. Brown and Caldwell performed an analysis of the depression for King County's Surface Water Management Division, apparently in response to reported flooding in the depression during a January 1990 storm (Brown and Caldwell, 1991). The analysis used King County's "HYD" model (SCS based). King County Sm.tce Water Management's basin plan for Hylebos Creek and Lower Puget Sound identified the depression as a problem area and recommended further study (King County, 1991). The basin plan did not include detailed analysis of the area. c' Barghausen Consulting Engineers prepared storm drainage calculations for the Bellacarino Woods development (Barghausen, 1993) incorporating findings from a 1992 Brown and Caldwell analysis (Brown and Caldwell, 1992) and a 1992 study by Northwest Hydraulic Consultants (Northwest, 1992). Key conclusions, primarily from the Northwest Hydraulic Consultants analysis, were as follows: Under existing conditions, the private residence closest to the bottom of the depression would not be inundated by storms up to a 50-year storm. Under existing conditions, the barn of that residence would be inundated by any storms greater than a 2-year storm. Under existing conditions, the depression would not overflow during the 100-year storm event. Under future full build-out conditions. the depression would fill and spill about 4 acre-feet during the lOO-year event, and the residence would, be inundated by storms greater than a 2-year storm. ' One of the Brown and Caldwell recommendations was to purchase property at and below elevation 320 feet. The Northwest Hydraulic Consultants analysis used an infiltration rate r ( .) ,j J I I ~ ( I ] J J ] ] .J .. J SW 356th Street Closed Depression Analysis... ...I.INTRODUCTION of 4.15 inches per day, based on on-site observations, but recommended further investigation of soil infiltration rates. The soils report included in the Barghausen report (Rittenhouse-Zeman, 1991) included an infiltration study. Fourteen surface and subsurface infiltration tests were performed in accordance with criteria from the King County Surface Water Design ManuaL Surface infiltration rates were observed to be from 0.2 to 0.7 inches per minute (288 to 1,008 inches per day), while the subsurface infiltration rates ranged from 0.1 to 3.3 inches per minute (144 to 4,752 inches per day). KCM prepared a comprehensive surface water management plan that included analysis of several basins in the City of Federal Way (KCM, 1996). This plan incorporated King County Project 2451 in the Panther Lake basin. Although the County project did not lie within the portion of the Panther Lake watershed that received detailed analysis, it was included in the City's capital improvement program as City project WH07-CIP-03. The most detailed analysis performed to date for this watershed was performed by Northwest Hydraulic Consultants Inc. (NHC, 1998) as consultants to Novastar Development Inc. in support for the Silverwood development project. This analysis used the HSPF modeL HSPF is a complex, conceptual, deterministic hydrologic simulation model that uses a continuous accounting of soil moisture and runoff processes to simulate stream flow, lake levels and other hydrologic variables on a continuous basis for extended periods. The Silverwood analysis is summarized below. 4 , i \, -¡ .J ] Ii ] 1 I ] ] J I J J ] 2. HSPF MODELING ANALYSIS ( MAJOR MODEL COMPONENTS PrecipitationÆvaporation Data The HSPF model used by Northwest Hydraulic Consultants for its Silverwood study incorporated about 49 years of precipitation data recorded at Sea-Tac International Airport and nearby Lake Doloff. Evaporation data were taken from Puyallup weather station records and, for missing periods, calculated using the Jenson-Haise equation and long-tenn averages. Soil Data Two major soil types were identified; a glacial till with low infiltration capability, and an outwash soil with a high infiltration capability. Two bands of the outwash soil lie in the basin-one near the west boundary and one along the eastern boundary in the vicinity of the closed depression. Land Use The analysis conducted HSPF simulations for the following sets ofland use conditions: 1. Pre-çarypus Highlands development land-use (1990 conditions) 2. Pre-Bel&carino Woods development land-use (1994 conditions) 3. Current land-use (1996 conditions) 4. Current land-use with the addition of the Silverwood development (this condition was modeled with and without expansion ofthe Bellacarino Woods pond) 5. Full buildout conditions. ( The HSPF input data files depicting these alternatives are in Appendix A. Subbasin Delineation For the 1998 Silverwood drainage analysis, Northwest Hydraulic Consultants delineated 13 drainage subbasins in the drainage basin, as shown in Figure 2. A schematic of how the basins were modeled for land use condition 3 is shown in Figure 3. Subbasins are delineated to coincide with key drainage controls, such as detention ponds or natural divides, and points of interest for the hydrologic analysis. Topographic mapping was found from the design drawings from Barghausen (see Appendix B). This mapping depicted the pond topography, the Bellacarino Woods pond, and topographic modifications iI} the vicinity resulting from the development. Maximum storage in the depression prior to' overtopping SW 356th Street is a little less than elevation 320 feet. The overflow constructed on the north end of the depression is set at 319.5 feet. There is insufficient information to confirm whether water will overtop SW 356th Street when the overflow structure starts to overtop. 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J l "SW363RDPl, "~"""Iì:'.~_-"""Î"'-:' f I 1 /' '" "~~"~:!:, ' "~";I~~',,- ,< I J; ,i:, ::¡I"~', '" \ I ~ ~t:X: ¡ ,!!"C/~'!~"" \._---:..r---,J ~ I I J J ] J i .~ I ] ) j ] ~ ~ 4' ,"-- ",'8 ~ '1;' ] City of Federal Way SW 356TH STEET CLOSED DEPRESSION ANALYSIS Figure 2, SUBBASIN DELINEATION FOR HSPF MODEL I . I ¡ J :1 I i ] J I j J ) l (' ( LEGEND SUBBASIN Description of SB-E1 Modeled Segment [§] RqHRES Identifier m FTABLE Identifier J KCM 1917Firs/Avenue SeaN/e. Wash/n%n 98/01 ] m CLOSED :¡: DEPRESSION ~ INFLOW [§]EiJ SUBBASIN SB-D4 m CLOSED ~ DEPRESSION City of Federal Way SW 356TH STEET CLOSED DEPRESSION ANALYSIS Figure 3. \ HSPF MODELING SCHEMATIC- I CASE 3; EXISTING CONDITIONS .1 -, J :1 I i 1 J ~ ] ) ) I ] 1 ] SW 356th Street Closed Depression Analysis... ...2. HSPF MODELING ANALYSIS RESULTS Table 1 summarizes the results of the Silverwood HSPF analysis. These results are based on an infiltration rate of 8 inches per day. There will be a substantial increase in storage elevation when the watershed becomes fully developed; depth will increase over existing conditions by more than 7 feet. TABLE 1. STAGE FREQUENCY ANALYSIS FOR THE SW 356TH STREET CLOSED DEPRESSION Predicted Stage (feet) Site/Scenario 2-vear 10-Year 25-vear 50-vear 1O0-vear Pre-Campus HigWands (1990) Conditions 301.7 307.0 308.6 309.5 310.3 Pre-Bellacarino Woods (1994) Conditions 304.2 308.1 309.6 310.4 311.2 Current (1997) Conditions 303.1 308.0 309.6 310.4 311.4 Post-Silverwood Conditions 301.1 307.9 309.5 310.4 311.4 Post-Silverwood with expanded BC Woods pond 300.8 307.6 309.3 310.3 311.2 Full Buildout Conditions 310.4 315.3 317.0 317.9 318.6 I 8 I '. i \. I ! ~ J I ] j J ] ] ) ,) ] 3. ALTERNATIVES ( I. Several alternatives were developed to address the flooding within the depressional area. The alternative analysis utilized the modeling information and results from the NHC analysis. These alternatives include: 1. Building moratorium within the basin. 2. Berm to store runoff only on the Bellacarino development site. 3. Install a pump station to maintain a water surface elevation in the existing Bellacarino Woods Park closed depression that prevents overtopping into the depressional area. 4. Install a gravity drainage line that drains from the closed depression along SW 356th Street and ultimately discharging into Hylebos Creek. 5. Purchase the property subjected to flooding for the lOa-year return frequency. 6. Additional excavation in the Bellacarino Woods Park closed depression (Tract A) to accommodate full build-out. The following sections describe the alternatives and provide a planning level cost estimate associated with the drainage improvements needed for the alternative. The alternatives are configured to accommodate the 100"year recurrence frequency when possible. ALTERNAT~ 1 ( Alternative 1 is the implementation of a building moratorium within the watershed. This would freeze the conditions near those predicted by NHC for current conditions (1997). However, as discussed by B&C (1992), flooding will still occur within the closed depression. The barn located in the depression would be inundated by any storm greater than a two- year storm while the house would be inundated by any stonn greater than about a 50-year storm. This alternative has no structural drainage improvement, consequently there are no drainage construction costs associated with this option. This alternative is a political decision that would have to be made by the City Council. The alternative may have additional legal implications associated with a building moratorium. ALTERNATIVE 2 Alternative 2 evaluated the feasibility of constructing a benn on the Bellacorino Woods retention site to elevation 320-feet. This option would prevent runoff from the Bellacorino Woods Park closed depression from overtopping and draining into the adjí"cent closed depression. The benn was configured using a 3 to 1 side slope ratio and a 10-foot top width. A geotechnical analysis was not conducted for this berm geometry but it represents a common configuration. ~, 9 ,I ( -I J J I Î ?' ". } ] j J ] ] J j J SW 356th Street Closed Depression Analysis... ...3. ALTERNATIVES The storage capacity of the pond resulting from this alternative is about 31 acre-feet. This volume corresponds to about a 2-year recurrence frequency. Consequently, storms larger than this frequency would overtop and, individually or in combination, flow into the adjacent closed depression, flow down SW 356th Street, or spill into the overflow structure located on the north end of the closed depression. Costs associated with this alternative are approximately $901,000. This cost does not assume construction of cutoff walls below the berm, if required, by any future geotechnical analysis of the berm. ALTERNATIVE 3 Alternative 3 includes the construction of a pump station that would pump storm water from the Bellacarino Woods Park closed depression when the water surface elevation reaches elevation 304 feet, approximately the elevation when the pond would start to overtop into the adjacent closed depression. The pump station would be located on the northern portion of the retention pond site and would discharge into a new conveyance system. This conveyance system would drain east along the recently constructed residential road, down over the hill into an existing swale, be picked up again further north and be conveyed east once again until outfalling into Hylebos Creek. Costs associated with these drainage improvements include the pump station, intake and discharge piping, catchbasins, and inlet and outlet structures for the piping. The planning level cost estimate associated with this alternative is $2,544,000. This alternative does not include the costs associated with environmental reviews, permitting, downstream analyses and potential downstream drainage improvements. This option transfers water from a closed basin and discharges into another. The receiving Hylebos Creek drainage basin contains numerous problem areas and limited conveyance capacity. Adding additional runoff into that system will further exacerbate drainage problems in the basin. It is unlikely that this option could be permitted and implemented. ALTERNATIVE 4 Alternative 4 evaluates providing a gravity drainage system from the closed depression. The 36-inch pipe would start north of SW 356th Street, go south a short distance to SW 356th Street, proceed east on SW 356th Street until 1st Avenue South, turn north on 1st Avenue South and outfall into Hylebos Creek. The total pipe length is about 3000 feet. The initial 300 feet of this drain line would invelve very deep construction in SW 356th Street, over 30 feet deep in spots. At least half of the roadway width would be closed during the construction of the pipeline. This option requires obtaining an easement from the Bellacarino Wood Park retention pond through private property to SW 356th Street in order to convey the runoff from the pond to the pipe inlet. Depending upon the outcome of a detailed topographic survey;along this route, a channel may need to be constructed to convey excess stormwater from the retention pond. The cost estimate does not include this possible channel construction. The planning level cost estimate for this alternative is $1,631,000. 10 \'" -j ~ >] J J ] J J J SW 356th Street Closed Depression Analysis.. ...3. ALTERNATIVES As with Alternative 3, this alternative does not include the costs associated with environmental reviews, permitting, downstream analyses and potential downstream drainage imp.rovements. This option transfers water from a closed basin and discharges into another. The receiving Hylebos Creek drainage basin contains numerous problem areas and limited conveyance capacity. Adding additional runoff into that system will further exacerbate drainage problems in the basin. It is unlikely that this option could be permitted and implemented. ( ALTERNATIVE 5 Alternative 5 follows the recommendation in the B&C report (1992) by purchasing the property subjected to flooding up to the 100-year recurrence frequency. The predicted 100- year flood stage elevation in the depression under future full buildout conditions is 318.6 feet (NHC 1998). Brown and Caldwell recommended purchasing property around the depression up to elevation 320 feet. This is a reasonable recommendation, as the overflow on the north of the depression is set at elevation 319.5-feet and SW 356th Street's profile elevation is near 320 feet. Flooding cannot reach depths greater than the overflow elevatiorl other than depth over the weir of the overflow structure. Based on available topographic information, 320 feet is the maximum storage depth elevation possible in the depression prior to overtopping. Several properties lie within the 320-foot elevation flood plain. Based on data compiled by Brown and Caldwell (1992) and updated to represent current ownership, seven properties are within or partially within elevation 320 feet. Figure 4 is a reproduction of a figure from the above source that depicts the impacted parcels. Table 2 lists the impacted property owners and tIt approximate acreage of land per parcel at or below elevation 320 feet. Exact'- (" area of property acquisition would need to be determined based upon a topographic survey. of each parcel that would be completed by the City. The home nearest the overflow on the north end of the depression appears to have foundation vent openings very close to the elevation of the overflow rim (319.5 feet). Contour maps created for the development indicate that the ground elevation for the building should be at elevation 320 feet. Confirmation of the rim elevation and foundation elevation may be appropriate. It is possible to lower the overflow rim if necessary. However, stormwater that enters the overflow structure is directed through a 12-inch storm drain that ultimately drains to the west tributary of Hylebos Creek. The Hylebos Creek system is already overtaxed by stormwater runoff; further contribution of runoff from this watershed will aggravate the existing conditions and therefore should be avoided. The estimated cost for this alternative is $365,000. This estimated cost is for comparative evaluation only. The City must perform an appraisal of the affected properties to establish actual property valuation. ,. 11 SW 356th Street Closed Depression Analysis... ...3. ALTERNATNES ~I 1 1 TABLE 2. PARCELS CONTAINING ELEVATION 320 FEET Owner Acres Simmons 0.3 Tract 'A', NG Land Development, 5.3 Inc.a Parkeb 2.3 Wilson 0.7 Neighbors 0.5 Cannon 0.2 Weber 0.7 a. Previous owner was identified as BelJacarino Woods Development b. Previous owner was Thode, area includes the entire parcel with buildings Source: Brown and Caldwell (1992) ,,] J ] ~ Ip ] I 1 J ] I ; .J J 12 ] I , I '. 1 I ] ] I I ~Ii I I ] J ) ] '11 .J! ~ .J ( ( .. ' Figure 4. \ IMPACTED PARCELS' I J ,1S ÇMenue r . ~X ~~~~~e~~~f Seattle, WashinGton 98101 CLOSED DEPRESSION ANALYSIS J ,I -\ J 1 t I ] J j ] ] J J J SW 356th Street Closed Depression Analysis... ...3. ALTERNATIVES ALTERNATIVE 6 Alternative 6 examines providing additional storage volume by excavating the existing Bellacarino Woods Park closed depression in Tract A. The goal is to provide sufficient volume to accommodate full build-out. Excavating the existing Tract A depression utilized three to one side slopes to the maximum depth obtainable within the depression, which represented an l8-foot excavation. The additional volume provided from this excavation was approximately 3.4 acre-feet. This added volume represents much less than the required volume to prevent inundation from the 2-year storm, far less than the capacity needed for the 1O0-year storm under full build-out conditions. There are several flaws with Alternative 6. These include the following: . Inadequate volume to achieve the 100-year level of protection Potentially intercepting the groundwater table, thus drastically reducing the infiltration capability of the closed depression . . Topographical limitations and proximity of property lines restrict additional excavation and volume enlargement. Costs associated with this alternative address excavation from the depression. The planning level cost estimate is $169,000. 14 - I \'. ~ ] J ] ] ] J J ] 4. CONCLUSIONS ( Several analyses have been performed for the closed depression. The most current analysis performed by NHC (1998) is the most comprehensive to date. Information developed in the NHC analysis and the modeling results were used to formulate conceptual alternative improvements. Using this information, five alternatives were developed. One alternative has been identified in a previous analysis, the others were new for this report. The closed depression receives runoff from 344 acres of rapidly developing residential area. There is also considerable opportunity for redevelopment with more intense land utilization with the commensurate potential for increased runoff, especially south of SW 356th Street. Under full build-out conditions, maximum water surface elevations are predicted to increase more than seven feet over existing levels. The conceptual alternatives ranged from a political decision, such as imposing a building moratorium in the watershed, to large drainage structural improvements including the construction of over one-half mile of large diameter drainage pipeline. The alternatives focused on solving the drainage problem in the depression. But as discussed in the description of the alternatives, solving the drainage problem in the depression may create more drainage problems in the receiving watershed when the alternatives involving inter- basin transfers are considered. The alternative's cost represents an estimate of only the drainage improvement identified to solve the drainage problem in the closed watershed, not the cost to correct any drainage problems that may be created in the downstream basin. Based upon construction cost.- estimates, Altt'rnative 5 is the least cost option that provides the required level of protection. Table 3 summarizes the cost for each alternative. (, TABLE 3. ESTIl\IlATED CONSTRUCTION COST FOR ALTERNATIVES Alternative Cost Level of Protection Other Impacts I $0 . 2-year (barn) Area stin floods 2 $901,000 2-year Area stin floods 3 $2,544,000 100-year Diverts flow into another basin, downstream impacts need evaluation 4 $1,631,000 100-year Diverts flow into another basin, downstream impacts need evaluation 5 $365,000 100-year Flooding depth increases as development continues; 6 $169,000 <2-year Area stin floods , ( 15 i I 'I (' I J J I 1 ? ] .J J ] ] j J J SW 356th Street Closed Depression Analysis... ...3. CONCLUSION Alternative 5 is the preferred alternative. This alternative was preferred because: . It is the least cost alternative that provides the desired level of protection. . It does not divert flow from one drainage basin into another, thus does not aggravate drainage problems in adjacent basins, such as Hylebos Creek. Significant environmental and engineering analysis would be required if an out- of-basin transfer of stormwater was considered. . It provides for ground water recharge which may not occur if runoff is diverted into another basin. . It utilizes the natural drainage infiltration feature. 16 ì 1 -I ,J ¡ I ~ 1 I ] J J ] ] J J J 5. REFERENCES ( Stepan & Associates, February 10, 1989, Madrona Meadows Overflow Report, report prepared for the development of the Madrona Meadows Plat. Urban Design, February 1990, Bellacarino Woods Closed Depression, report prepared for the development of the Bellacarino Woods Plat. Urban Design Inc., July 1991, Conceptual Closed Depression Analysis, supplemental report prepared for the development of the Bellacarino Woods Plat- Brown and Caldwell, November 26, 1991, SW 356th StreeUllth Avenue SW Study No. F83171 - Phase I Findings, report prepared for King County Surface Water Management Division. King County, July 1991, Hylebos Creek and Lower Puget Sound Basin Plan, report prepared by King County Surface Water Management, Brown and Caldwell, January 20, 1992, SW 356th StreeUllth Avenue SW Study No. F83171 - Phase II Findings, report prepared for King County Surface Water Management Division. Northwest Hydraulic Consultants, January 17,1992, Letter report to Brown and Caldwell Consultants for fng County Surface Water Management. Barghausen Consulting Engineers, Inc., June 21, 1993, Stonn Drainage Calculations for Bellacarino Woods - Federal Way, Washington, Technical Infonnation Report prepared for King County Building and Land Development Division. ( Rittenhouse-Zeman & Associates, July 1991, Subsurface Exploration and Geotechnical Engineering Report - Preliminary Plat Bellacarino Woods - Federal Way Washington, prepared for Newhall Jones, Inc. KCM, Inc., May 1996, Comprehensive Surface Water Facility Plan - Phase I, report prepared for the City of Federal Way Northwest Hydraulic Consultants, February 1998, HSPF Hydrologic Analysis of the SW 356th Street Closed Depression, prepared for Novastar Development Inc. /7 APPENDIX A HSPF INPUT DATA FILES SW 356th Street Closed Depression Analysis March 1999 is omitted from the Council packet; these files are available with the original report on file with the City Clerk for review. '. , APPENDIX B. TOPOGRAPHY OF THE DEPRESSION AREA SW 356th Street Closed Depression Analysis March 1999 if J ( ( ; E-;;, Barghausen -=- Consulting En ¡neers Inc. ..'. ,., l"'P1"""'."""""~"",,!S"""'" ~- """... "'. '.- 0'" '. ",.". '0' :'-1"'."1 I~:I:.' 1.""""""";',"""'-'" Newhall-Jone., Inc. >25'5 Bol.Re. R... Belle""e, WA 9BO05 (206) '62-.200 TIll, TRACT 'A' PONO VOLUME CALCULATION MAP .'"ACARINO WOODS APPENDIX A HSPF INPUT DATA FILES SW 356th Street Closed Depression Analysis March 1999 is omitted from the Council packet; these files are available with the original report on file with the City Clerk for review. ,] l ' J -1 J ] ] ~ APPENDIX A. HSPF INPUT DATA FILES SW 356th Street Closed Depression Analysis March 1999 '1 I EI !ill J J ~ I J J J ~" u~ . x 00 I I 0 t~ H .5 I .. . c3 0 0000000000000- ~ uu 00000000000000 0" " ° :: iooooooooooooo ~~ ... . "~~~ooooo~~~~o~ "............. . H: 0 ~ wo ~~N H- 0000 0 ~ !!:'~:::::::::::::: ~= ------------~- 1 ~~~~ N ~ ~"~ n. ] NN---_-_NNNN_- co ~ 0 w 0 tO~N~~ ~~~~ :~:_.............. ~g& a ~;~::::::::::::::: ;~~_oooooooooo-oo-- ~UO 00000000000000. ~ > ~ < ~~. ~ ~~ , x ~~. ~~~5~S5S~~S~~~5 x 0 . - - . , . 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" "U Z .. 0 " " u I ~ ~ ~""""" ~ ~"""""~ ,.~~~~¡; ~ ~~~~êê~ :, - ~~~~~~~~~~o x x_-- . .-n.. ~ E:-:;~~:::~~~ u:- j~~;;;;; I åj^:=;;=;~ ä~~ H: ~~~~~ ~ 5!n~~~~h ~H ^ ~ ^ :¡ ~!! ~ ~~ ¡;¡ , " 00 ! ;,~ ~ xh ~ ^ ~ ~ 2li~!ì~ ~n ~ J ~ ~ ~~~~~~~S35~~~~~~~ :¡~~~~:¡~:¡:¡:¡:¡~~:¡~~ '~~~~~~~~~~~~~ã~o :¡;¡¡;¡~~¡;¡¡;¡~~¡;¡¡;¡¡;¡¡;¡¡;¡"¡;¡~ MEETING DATE: December 18, 2001 ITEM# ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: MID-BIENNIUM REVIEW OF 2001-02 HUMAN SERVICES CONTRACTS CATEGORY: BUDGET IMPACT: [8J D D CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Council Committee dated 11/8/0 I. Attachments to the memo include the Human Services Commission Mid-Biennium Review Recommendations for 2002; the Mid-Biennium Review Criteria; and the memo to the Human Services Commission regarding 2002 One-Time Funding. SUMMARY /BACKGROUND: Last year the Council approved the 2001-02 allocation plan, with the understanding that the second year funding is contingent upon satisfactory contract performance and upon City funding available. When the I:ity Council approved the use of the two-year funding cycle, they directed the Commission to conduct a mid-biennium view of agency contract performance. The purpose of the Commission's review was to evaluate agency contract performance and recommend for each program whether funding for 2002 should continue at the allocated level, or if the program's funding should be decreased in the case of unsatisfactory contract performance. The Commission's evaluation determined that all 31 human services funded programs have satisfactory contract performance and the Commission recommends that all programs be maintained at the 2002 allocation level. The other part of the mid-biennium review process approved by the City Council was the development of a one-time funding plan for the second year of the biennium, for the small amount of one-time funds available each year. The Human Services funding base for each year of the biennium is $412,500. The estimated amount of one-time funds available for 2002 is $25,000 - $28,000. Sources of one-time funding include: employee and defendant donations to the Human Services fund and unspent portions of previous year human services contracts. The Commission developed a one-time funding plan that uses a combination of the 200 lone-time funding plan and the original 200 1-02 Contingency Plan (See Attachment I). ------ CITY COUNCIL COMMITTEE RECOMMENDATION: At their November 19, 2001 meeting, the PRHSPS Council Committee approved the Commission's recommendation to maintain the 2002 allocation levels for all 31 human services funded programs, and approved the recommended 2002 one-time funding plan. -------------- PROPOSED MOTION: I move approval of Council Committee's recommendation to maintain the 2002 allocation levels for all 31 of the Human Services funded projects, and approval of the 2002 one-time funding plan. CIT~~N~~-;;~PROV AL~----=~--------------- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5.D CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: November 8, 2001 Richard BY~, Chai , Human Services Commission 1Zß/ David Mos e Manager Mid-Biennium eview of 2001-02 Human Services Contracts Background At your November 19, 2001 meeting, the Committee will take action on the Commission's recommendations regarding 2002 Human Services Commission allocations, based on our evaluation of agency contract performance. I will be at the meeting to present the recommendations and respond to your questions. This memo describes: the purpose of the mid-biennium review; the process used to evaluate contract performance; the Commission's recommendations regarding the 2002 Human Services Fund allocations and 2002 one-time funding. Attachments include: 1) Human Services Commission Mid-Biennium Review Recommendations for 2002; 2) Mid-Biennium Review Criteria; and 3) Memo to the Human Services Commission regarding 2002 One-Time Funding dated October 11, 2001. Detailed summary sheets are available from the Human Services Division office if you would like specific contract performance information on each program. If you have any questions about the mid- biennium review prior to the meeting, please contact Ann Guenther, Human Services Manager at (253) 661-4039. Last year the Council approved the two-year allocation plan, with the understanding that the second year funding (for 2002) is contingent upon satisfactory contract performance and upon City funding available. When the City Council approved the use of the two-year funding cycle, they directed the Commission to conduct a mid-biennium review of agency contract performance. The purpose of the Commission's review was to evaluate agency contract performance and recommend for each program whether funding for 2002 should continue at the allocated level, or if the program's funding should be decreased in the case of unsatisfactory contract performance. The other part of the mid-biennium review process is to review options for one-time funding for 2002. The Council has allocated $412,500 human services general funds for each year of the 2001-02 biennium. In addition, a small amount of one-time funds is available each year. Sources of one-time funding include: employee and defendant donations to the Human Services fund and unspent portions of previous year human services contracts. The estimated amount of one-time funds available for 2002 is estimated to be available is between $25,000 and $28,000, compared to $11,500 for 2001. Process Used to Evaluate Agency Contract Performance The Commission conducted the mid-biennium review of 2001-02 contracts at our September and October meetings. The Commission reviewed individual reports on each of the 31 Human Services funded programs. The contract performance review included evaluating program performance in three areas: 1) how agencies were performing on the contract goals for the I ~-J- number of service units provided (i.e. number of Federal Way residents served, number of counseling hours provided); 2) how agencies were progressing in developing outcome evaluations for their programs which measure the results and effectiveness of services; and 3) general agency operation. (See Attachment 2, Review Criteria for more detail.) In September, the Commission began the evaluation of contract performance for the 31 human services funded programs. The recommendation options the Commission used were to maintain the 2002 allocation level due to satisfactory contract performance, decrease the 2002 allocation level due to unsatisfactory contract performance, and to recommend for 2002 one- time funding as available. In October, the Commission continued the evaluation contract performance, prepared the 2002 one-time funding plan, and finalized the recommendations for transmittal to the City Council. Commission's Recommendations Regarding 2002 Base Funding ($412,500) Due to the fact that the 31 programs funded by the City in 2001 are performing well on their contracts, the Commission is recommending that all programs be maintained at the 2002 allocation level. The Commission's evaluation found that the majority of the programs funded by the City are on track to meet or exceed the annual contract goals; are developing evaluations for their programs that focus on effective results for clients; and are running smoothly administratively. The Commission continues to watch the Domestic Abuse Women's Network (DAWN) agency closely due to the administrative transition the agency is currently undergoing. However, the agency is providing the contracted services of confidential shelter for Federal Way domestic violence victims and is meeting contract goals, so the Commission recommends continuing the 2002 allocation for this program as well. In addition to the 31 human services programs that received 2001-02 funding, ElderHealth Northwest Connections Adult Day Health Program received 2001 one-time funding only. They did not receive a regular allocation for 2001-02, but were awarded $3,000 in 2001 one-time funding. The Commission reviewed the contract performance of this program as well and recommends 2002 one-time for this program as available. (See below for more information on the 2002 one-time funding recommendations.) Commission's Recommendations Regarding 2002 One-Time Funding ($25,000 - $28.000) Each year, a small amount of one-time Human Services funding becomes available, over and above the Human Services Fund base. Due to the sources of these funds, the specific amount cannot be predicted during the biennial allocation process. For this reason, the Commission recommends a one-time funding plan so that the one-time fund can be used as they become available. Sources of one-time funding include: employee and defendant donations to the Human Services fund and unspent portions of previous year human services contracts. The estimated amount of one-time funds available for 2002 is between $25,000 and $28,000, with approximately $21,000 coming from defendant donations. During the first quarter of 2001, City prosecutors began including certain provisions in their plea negotiations to address the impact of criminal conduct on the community. Defendants with no criminal history are permitted to make a donation to the City's Human Services Fund, along with conditions relating to the specific crime charged (i.e. alcohol/drug awareness or domestic violence treatment). 2 ~'-2. In preparing the 2002 one-time funding recommendations, the Commission reviewed the original 2001-02 human services funding recommendations and contingency plan, the 2001-02 allocations approved by the City Council, and the 2001 one-time funding plan approved by the Council. The Commission considered a number of options for allocating 2002 one-time funding including using the 2001 one-time funding plan, using the original 2001-02 contingency plan, allocating part of the defendant donations to human services agencies providing services that are related to the Law Department's work (i.e. motel vouchers for domestic violence victims), setting aside part of the funds for a specified future project, and increasing funding to programs that may lose funding from King County and/or other sources. (For more detail on the options considered, see Attachment 3.) After reviewing all of the options available for allocating 2002 one-time funding, the Commission chose to recommend a one-time funding plan that uses a combination of the 2001 one-time funding plan and the original 2001-02 Contingency Plan. Below are the Commission's one-time funding recommendations for 2002 in priority order. These recommendations are based on an estimated amount of $25,000 - $28,000. The Commission recommends using this order to allocate one-time funding up to the amount that becomes available for 2002. ¡ - - - - - - - - - -H ümiñ-SëiVië;S -Com ïiïiš-Šiõñ - Reëommeñdiiiô"s 'õ¡.- iòõ i One: T¡me Fundi"9 - - - - - - - - - j : (In priority order) : ; ; ; ; ! A!lency/Pro!lram : ! i : 5) FW Community Caregiving Network ¡ ! Emergency Shelter/Rent Assistance $15,000 $10,000 $ 5,000 $15,000 ! ¡ 6) FWYouth & Family Services ¡ i Domestic Violence Advocate $32,000 $27,000 $ 5,000 $32,000 ! : 7) Korean Women's Association : ! Domestic Violence Intervention $17,600 $ 5,000 $ 3,000 $ 8,000 ! ¡ 8) Senior Services, Volunteer Trans- $ 6,600 $ 4,500 $ 1,000 $ 5,500 ¡ :9)SeniorServices,MealsonWheels $11.000 $8,000 $2,000 $10.000 : ; ¡ ¡ TOTAL 2002 ONE-TIME FUNDING RECOMMENDATIONS $28,000 ¡ '-*ftiEiïOü¡: -stiãéíëa - p¡:ög ¡:áiïiš reœiÿë(fô-ñe:-tiîTiè1ü ñding - f ñ iòo 1: - - - - - - -.-. - --. - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -, Summary The Commission is confident that the 2002 allocations and recommended one-time funding plan address the most critical needs in Federal Way and the City Council's four funding priorities for human services - basic needs, public safety, self-sufficiency and independence and strong neighborhoods- I look forward to discussing the 2002 Mid-Biennium Review and One-time Funding Recommendations with you at your November 19, 2001 meeting- If you 3 D--3 have any questions about the recommendations before your meeting, please contact Ann Guenther, Human Services Manager, at 253-661-4039. Committee Recommendation 1D Approve the Human Services Commission's recommendation to maintain the 2002 allocation levels for all of the 31 Human Services funded projects, and the one-time funding plan. Forward on to full City Council for their review on December 18, 2001. 2. Approve the Human Services Commission's recommendation to maintain the 2002 allocation levels for all of the 31 Human Services funded projects, and the one-time funding plan, as modified by the Committee. Forward on to full City Council for their review on December 18, 2001. 4 b-I-i A ...CHMENT 1 CITY OF FEDERAL WAY 2001-2002 HUMAN SERVICES GENERAL FUNDING AGENCY PROGRAM COUNCIL STRATEGY 1999- 2001 2002 STAFF COMMISSION 2000 FUNDING FUNDING RECOMMEND. RECOMMEND. FUNDING COUNCIL GOAL #1 BASIC NEEDS Catholic Community Services After-Hours Voucher ShelterslTransitional nla $5,000. $3,500 Maintain Maintain Program Housing OTF OTF Catholic Community Services Emergency Assistance ShelterslTransitional $5,0001 $5,000 $5,000 Maintain Maintain Housing $5,000 l,;ommunity Health Centers Dental Care Health & Dental $15,0001 $15,450 $15,450 Maintain Maintain $15,000 Community Health Centers Medical Care Health & Dental $30,0001 $30,900 $30,900 Maintain Maintain $30,000 -Emergency Feeding Program Emergency Feeding Food & Clothing $4,7151 $5,000 $5,000 Maintain Maintain $5,850 FW Community Caregiving Emergency Shelter ShelterslTransitional 10,0001 $10,000 $10,000 Maintain Maintain Network Housing 10,000 OTF ~VV Community Caregiving Transitional Shelter ShelterslTransitional $4,0001 $4,000 $4,000 Maintain Maintain Network Housing $4,000 The Joseph Foundation Noyes Transitional Home ShelterslTransitional $3,0001 $3,000 $3,000 Maintain Maintain Housing $3,000 Multi-Service Center Food and Clothing Food & Clothing $29,6331 $30,000 $30,000 Maintain Maintain $30,000 Multi-Service Center Shelter ShelterslTransitional $30,0001 $35,000 $35,000 Maintain Maintain Housing $35,000 ::;enior Services of Seattle- Congregate Meals Senior Meals & $1,5001 $1,650 $1,650 Maintain Maintain KIng County Transportation $1,500 Senior Services of Seattle- Meals on Wheels Senior Meals & $8,0001 $8,000 $8,000 Maintain Maintain King County Transportation $8,000 OTF Senior Services of Seattle- Volunteer Transportation Senior Meals & $3,6901 $4,500 $4,500 Maintain Maintain King County Transportation $3,690 OTF TOTAL - GOAL #1 BASIC NEEDS $157,500 $156,000 Notes . This project received one-time funding in 2001. The total one-time funding in 2001 was $11,500. OTF - Recommended for 2002 one-time funding, as available, See Human Services Commission recommendations for 2002 one-time funding. CITY OF FEDERAL WAY 2001-2002 HUMAN SERVICES GENERAL FUNDING AGENCY PROGRAM COUNCIL STRATEGY 1999- 2001 2002 STAFF COMMISSION 2000 FUNDING FUNDING RECOMM. RECOMM. FUNDING COUNCIL GOAL #2 PUBLIC SAFETY ACAP Child and Family APPLE Parenting Prevention/Early $4,244/ $5,000 $5,000 Maintain Maintain Services Intervention $4,244 Auburn Youth Resources FW Teen Drop-In Center Prevention/Early n/a $10,000 $10,000 Maintain Maintain Intervention Behavioral Sciences Institute Parents & Children Intervention Services n/a $3,000 $3,000 Maintain Maintain Together (PACT) Birth to Three Development Family Services Support Prevention/Early $20,000/ $19,000 $19,000 Maintain Maintain Center Intervention $19,000 Domestic Abuse Women's Confidential Shelter Victim Assistance $55,000/ $15,000 $15,000 Maintain Maintain Network $47,000 FW Boys and Girls Club Operating Support Prevention/Early $9,000/ $15,000 $15,000 Maintain Maintain Intervention $9,000 FW Youth and Family Counseling and Domestic Intervention Services $65,000/ $67,000 $67,000 Maintain Maintain Services Violence Treatment $65,000 FW Youth and Family Domestic Violence Victim Assistance n/a $27,000 $27,000 Maintain Maintain Services Advocacv Services OTF KC Sexual Assault Resource Comprehensive Sexual Victim Assistance $29,120/ $30,000. $25,000 Maintain Maintain Center Assault Services $29,120 OTF OTF Korean Women's Domestic Violence Victim Assistance n/a $5,000 $5,000 Maintain Maintain Association Intervention/Prevention OTF Program TOTAL GOAL #2 PUBLIC SAFETY $196,000 $191,000 COUNCIL GOAL #3 SELF-SUFFICIENCY , ACAP Child and Family Subsidized Child Care Child Care Assistance $8,000/ $8,000 $8,000 Maintain Maintain Services $8,000 Catholic Community Volunteer Chore Services Self-Sufficiency for n/a $3,000. $1,000 Maintain Maintain Services Targeted Populations OTF OTF ElderHealth Northwest ElderHealth Connection Self-Sufficiency for $2,829/ $3,000. $0,00 OTF OTF Adult Day Health Targeted Populations $2,829 Multi-Service Center Literacy Program Employment Support $12,000/ $12,000 $12,000 Maintain Maintain $12,000 " 2 CITY OF- , ¿DERAL WAY 2001-2002 HUMAN SERVICES GENERAL FUNDING AGENCY PROGRAM COUNCIL 1999-2000 2001 2002 STAFF COMMISSION STRATEGY FUNDING FUNDING FUNDING RECOMMEND. RECOMMEND. COUNCIL GOAL #3 SELF-SUFFICIENCY WA women's Employment & Computer Applications Employment Support $6,0001 $6,000 $6,000 Maintain Maintain Education $6,000 WA Women's Employment & Job Readiness Employment Support $17,5001 $17,500 $17,500 Maintain Maintain Education $17,500 TOTAL - GOAL #3 SELF-SUFFICIENCY $49,500 $44,500 COUNCIL GOAL #4 STRONG NEIGHBORHOODS Crisis Clinic Telephone SelVices Collaboration & Strong $3,0601 $4,000 $4,000 Maintain Maintain Neighborhoods $3,060 PN Youth & Family SelVices Laurelwood Gardens Collaboration & Strong nla $10,000 $10,000 Maintain Maintain Family Center Neighborhoods World Vision, Incorporated KidREACH Collaboration & Strong $7,0001 $7,000 $7,000 Maintain Maintain Neighborhoods $7,000 TOTAL - GOAL #4 $21,000 :¡;21,000 GRAND TOTAL $424,000 $412,500 Notes . This project received one-time funding in 2001. The total one-time funding in 2001 was $11,500. OTF - Recommended for 2002 one-time funding, as avåilable. See Human SelVices Commission recommendations for 2002 one-time funding. K:\common. hs\midblenrl200 1-2002 ReviewlO1-o2Recommendmatrix.doc 3 ATTACHMENT 2 . City of Federal Way 2001-02 Mid-Biennium Review of Human Services Contracts Review Criteria The review of each program summarizes the program's performance in the areas of outputs, outcomes and agency administration. Below are the criteria for each of these areas. Outputs (Quantity of services delivered) Agencies will be at 50% of the annual goal (second quarter report). Agencies who are at less than 50% of the goal will have a solid rationale for being behind and an action plan for meeting all annual goals. For those agencies that were funded in past years, their contract performance of the previous full year will be taken into account. (ie. If an agency is behind in meeting contract goals, is this the first time they've been behind or do they have a history of being behind?). Outcomes (Is the program making a difference?) The agency staff/volunteers have received outcomes evaluation training. The agency is collecting and reporting outcomes data to the City. The agency uses clear indicators and appropriate measuring tools to document progress toward outcomes. The agency revises their outcomes, indicators, tools and data collection methods as needed. The agency reports results that can demonstrate whether measurable differences have occurred. Agency Administration The agency complies with City contract requirements, including submission of timely and accurate quarterly reports. The agency appears to be running smoothly, without major turnover or negative program changes. The City has received no complaints about the program's services. ATTACHMENT 3 CITY HALL 33530 1st Way South PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 MEMORANDUM DATE: TO: FROM: SUBJECT: October 11, 2001 Human Services Commission Ann Guenther, Human Services Manager á1;r Mid-Biennium Review, One-TIme Funding Plan Background At your next meeting, the Commission will prepare a prioritized plan for the 2002 one-time funding, which will be presented to the Council with the Mid-Biennium Review recommendations. This memo provides information on the purpose ofthe one- time funding plan, a summary of the estimated funds available, and several options for the Commission to choose from in developing the plan. Each year, a small amount of one-time Human Services funding becomes available, over and above the Human Services Fund base. Due to the sources ofthese funds, the specific amount cannot be predicted during the biennial allocation process. For this reason, the Human Services Commission recommends a one-time funding plan, so that the one-time funds can be used as they become available. Sources of one-time funding available for 2002 include unspent funds from previous year contracts, employee donations, and defendant donations. The amount of one-time funding available for 2002 is estimated to be between $25,000 - $28,000. Of that approximately $21,000 is expected to be collected from defendant donations. Options Menu As you review the options below, keep in mind that the Commission can choose one option or a combination of the options in preparing your recommendation for allocating 2002 one-time funds. It has been past practice to allocate one-time funds to agencies that have been allocated funds for the current biennium and/or those who applied for funding for the current biennium rather than conduct a special funding process for the one-time funding. 1) Use the 2001 One-Time Funding Plan - When the Commission prepared the 2001-02 funding recommendations in the summer of 2000, they prepared a plan for allocation of the $400,000 base funding available and a Contingency Plan for allocating anyone-time funds available. When the Council approved the 2001-02 funding plan, 95% of the Commission's base funding recommendations were funded. In addition, some of the programs in the Commission's recommended Contingency Plan were allocated base funds. When the Commission prepared the 2001 one-time funding recommendations in January ofthis year, they reviewed the 2001-02 allocations and one-time funding plan. The Commission noted that there were several programs in the original base plan of $400,000 that did not get funded to the full recommendation. The Commission recommended that the available one-time funds for 2001 be allocated to those programs. The amount of one-time funding available for 2001 was $12,000. Using the list below, the Commission recommended funding the first four programs in the list below (shaded programs), using $11,500 of the one-time funding available. The Council approved that recommendation. If the Commission chooses to use this prioritized list for 2002 one-time funding, the Commission could recommend funding for the first four in the list (those funded in 2001) as well as the other programs in the list, since the amount of 2002 one-time funding is estimated to be higher than the $12,000 available in 2001. I I AQencv/ProQram 111 [5) ren s erapy Center 3) 4,000 6) Domestic Violence Advocacy (2) $ 5,000 TOTAL $20,500 I . Council Human Services goals are: 1) Basic Need¡-¿fpijEiTcsaTety, 3) Self:SUft¡ciency and Indepeñdence: and 4) Strong Neighborhoods. 2001-02 Human Services Commission Recommendations Base Funding - Unfunded Portions (Prioritized Order) 2) Use the original 2001-02 Contingency Plan - Allocate the one-time funding according to the prioritized 2001-02 Contingency Plan. During the 2001-02 Human Services General Funding allocation process, the Commission presented a contingency plan to the City Council to be used for additional funds that become available. At the time the contingency plan was developed, it assumed that the $400,000 base funding plan would be fully funded. The chart below outlines the Contingency Plan's first eight priorities for additional funding totaling $28,500. The Commission did not recommend using this plan for the 2001 one-time funding, as they determined that the programs in Option 1 (above) were a higher priority. 2001-02 Human Services Commission Recommendations Contingency Plan (Prioritized Order) --------- ¡- i AQency/ProQram ContinQencv Plan 2001 Allocation Unfunded Portion 1) Auburn Youth Resources 1 2) Korean Women's Association 3) Behavioral Sciences Institute I 4) Auburn Youth Resources2 15) FW Caregiving Network, Emergency Shelter 6) Senior Services, Volunteer Trans. i 7) Senior Services, Meals on Wheels I 8) Catholic Community Services, I After-Hours Voucher program3 $ 7,000 $ 5,000 $2,000 I Sub-Total (See Attachment 2 for additional priorities.) $28,500 -f;2=-Auburn Youth ResourcesrequestedatOtãiof$20,OOOandthe allocation waš recommended in two installments with different priorities. 3 - CCS After-Hours Voucher Program 2001 allocation of $5,000 includes $1 ,500 of one-time funding. Their base allocation for 2001 and 2002 is $3,500. $10,000 $10,000 $ 4,400 $10,000 $10,000 $ 5,000 $ 3,000 $ 0 $ 0 $ 5,000 $ 1,400 $10,000 $15,000 $ 6,600 $ 11,000 $10,000 $ 4,500 $ 8,000 $ 5,000 $2,100 $ 3,000 2 3) Defendant donations to designated programs - In the first quarter of 2001, the prosecutors in the City's Law Department began recommending sentences for misdemeanor defendants to make a donation to the City's Human Services Fund. In the first three quarters of 2001, $15,952 has been collected through this program. Due to the level of donations from this source, the Commission may want to consider allocating part of the funds collected to human services programs related to the Law Department's work. One possible option is allocating one- time funds to agencies that provide motel voucher programs such as the Catholic Community Services, After-Hours Voucher program and the Federal Way Community Caregiving Network, Emergency Shelter program. Staff have asked the Law Department if they have any other ideas regarding the allocation of these funds. Staff will provided that information to the Commission at your October meeting. 4) Set aside a portion of the total one-time funds available each year for a specific future project - Due to the collection of defendant donations, the amount of one-time funding for human services is now significantly higher each year than it was when the primary sources of one-time funding were unspent contract funds and employee donations. Given this, the Commission may want to consider setting aside a specified portion of the funds each year for a specific future project. Potential projects that may fit in this category include operating funds for a new youth shelter or operating funds for expanded domestic violence shelter services. 5) Funding to programs that are expected to lose King County funding - As discussed in previous Commission meetings, King County is reducing their human services budget by more than 5 million dollars in 2002. A sepàrate memo in this packet details the reductions and the implications for Federal Way residents. Two of the most specific reductions to Federal Way programs are the elimination of the King County Child Care subsidies for residents of incorporated cities (24 Federal Way children received these subsidies in 2001 totaling $114,794 for the year), and the proposed reduction of funding for the Evergreen Club, Korean Seniors program. The Commission could choose to recommend allocating 2002 one-time funds to local child care subsidy programs, the Evergreen Club, or other programs due to receive reductions. The County is currently reviewing changes to their policies for aging services, which may impact the funding for those programs. Specifically, funding for the Evergreen Club, Korean Seniors Program ($25,911 annually), is slated to be eliminated in the King County Executive's 2002 proposed budget. However, if the revised aging policies are approved, the Evergreen Club would be funded at the current level. The Evergreen Club, Korean Seniors program provides case management, meals and socialization for Korean seniors. The program provides services from the Klahanee Community/Senior Center. The program also received $2,000 Special Appropriations funding from King County in 2001. The City supports this program by providing space and other in-kind services for program operations. In 2000, the Evergreen Club applied for City of Federal Way and King County funding for 2001-02. The program received full funding from the County, so the Commission did not recommend City 2001-02 funding for the program. I will be at your October 22, 2001 meeting to present the 2002 one-time funding options and to respond to your questions. If you have any questions before the meeting, please call me at (253) 661-4039 or e-mail at annQ(â>Jedway.orQ. 3 MEETING DATE: December 18, 2001 ITEM# :¡z:-~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AIRPORT COMMUNITIES COALITION ("ACC") 2002 INTERLOCAL AGREEMENT CATEGORY: BUDGET IMPACT: ]LCONSENT _ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $30,000.00 Expenditure Amt: $15,000.00 Contingency Reqd: $ ATTACHMENTS: Proposed 20021nterlocal Agreement, Airport Communities Coalition, November 27, 2001 Memorandum trom Bob C. Sterbank to FEDRAC Committee SUMMARYIBACKGROUND: Attached is the ACC Interlocal for calendar year 2002. The Interlocal is amended each year to set forth each member's financial contribution. As part ofthe adoption of the 2001-2002 biennial budget, the City Council had allocated $30,000 for each of the two years, using one-time funds. At its December 4,2001 meeting, the City Council adopted its mid-biennium adjustments to the biennial budget. One of these adjustments reduced the $30,000 previously budgeted to $15,000 for the City's 2002 ACC participation. Exhibit A ofthe attached Interlocal reflects the City Council's recent mid-biennium budget action by allocating $15,000 to the ACC for the calendar year 2002. (See Section VU(A) and Attachment A ofInterlocal.) Council Member Linda Kochmar, ACC Executive representative recommends entering into the attached Interlocal. There are no other changes trom the 200 I Interlocal, other than the effective date. CITY COUNCIL COMMITTEE RECOMMENDATION: On November 28,2001, the Finance, Economic Development and Regional Affairs Committee voted to forward the Interlocal to the full Council, with a recommendation that the Council authorize the City Manager to execute it. CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to execute the Interlocal A reement with ACC for calendar ear 2002 to im lement mid-biennium bud et decision. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDillEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K,lAgnd;temIACC Ollnterlocal [l2/ll/01] CITY OF FEDERAL WAY MEMORANDUM DATE: November 27,2001 FROM: Finance, Economic Development and Regional Affairs Committee Bob C. Ster~ity Attorney TO: VIA: David H. Moseley, City Manager SUBJECT: 2002 ACC Interlocal Agreement The City of Federal Way participates in the Airport Communities Coalition pursuant to an Interlocal Agreement among the participating cities (Des Moines, Tukwila, Normandy Park, Burien and Federal Way) and the Highline School District. Each year, the ACC members approve an amended Interlocal setting forth each member's intended financial contribution for the upcoming year. Attached is the ACC Interlocal for calendar year 2002. The agreement is unchanged from previous years, except for the members' intended financial contributions set forth in Attachment A. The City of Federal Way's participation implements the City Council's budget action by allocating $30,000 for Federal Way for the year 2002. (See Section VIllA) and Attachment A of Interlocal.) Council Member Linda Kochmar, the City's ACC Executive Board representative, recommends entering into the attached Interlocal. Again, there are no changes from the agreements from preceding years, other than the effective date and the monetary contributions in Attachment A. Action Requested: Staff request that the FEDRAC Committee forward the 2002 ACC Interlocal to the December 18. 2001 City Council meeting, and recommend that the Council authorize the City Manager to execute the Interlocal. K:lagnditemlfedracl2002 ACCINTERLC DRAFT rL(rrjð r INTERLOCAL AGREEMENT, AIRPORT COMMUNITIES COALITION January 1, 2002 through December 31,2002 In accordance with the Interlocal Cooperation Act (Revised Code of Washington, Chapter 39.34) the City of Normandy Park, the City of Des Moines, the City of Burien, the City of Federal Way, the City of Tukwila, and the Highline School District (hereafter the "Parties"), each of which is a Washington Municipal Corporation hereby enter into the Agreement set forth. RECITALS 1. The presence and operations of Sea-Tac Airport affect fundamental economic, social, physical and environmental characteristics of each Party. 2. The Parties believe that the presence of Sea-Tac Airport and other regional transportation facilities such as Interstates 5 and 405 and State Routes 509 and 518 and eventually a regional transportation rail line can have either negative or positive effects on the members depending on the manner in which adverse impacts are addressed. 3. The Parties hereto have expressed their opposition to the development of a third runway, and other system improvements leading to increased air traffic at Seattle-Tacoma International Airport and Boeing Field. 4. The Parties further believe that regional public transportation needs must be resolved on a regional basis and that only equitable solutions to those needs should be adopted. Additional air traffic at Seattle Tacoma International Airport and Boeing Field does not constitute equitable or responsible regional solutions. Equitable solutions are those which recognize that the impacts and the benefits of transportation projects are otten not realized in the same community, therefore necessitating an attempt to equalize that disparity among affected communities. 5. The Parties believe that a collective effort, including the pooling of resources and the execution of this Agreement to express and administer policy matters, is the most effective and expeditious method of achieving the goals stated herein. Page 1 of 17 Airport Communities Coalition Interlocal Agreement 2002 6. The Parties agree to promote the following goals: A. To stop the construction of any additional runways at Seattle-Tacoma International Airport. B. To achieve proper noise mitigation of schools with associated air quality and temperature controls. C. To limit or reduce the number of flight operations in King County, at both Seattle-Tacoma International Airport and at Boeing Field, to a specific level and to eliminate night flights from 10:30 p.m. to 7:00 a.m. D. To limit expansion of airport facilities in King County, at both Seattle-Tacoma International Airport and at Boeing Field, in order to prevent a significant increase in the number of flight operations which is likely to have substantial, adverse environmental impacts. E. To seek revisions to the Four Post Plan which accommodate community concerns about overflights, including those which produce noise in areas outside the 65 dB DNL contour. F. To develop and promote equitable solutions to regional transportation needs on a regional basis,Dworking to develop mutually beneficial partnerships and agreements that promote economic development and protect the environment. G. To improve abatement and mitigation of airport impacts on the Highline School District and member cities to this agreement. H. To ensure that all past impacts from operations at Sea-Tac Airport and Boeing Field are fully mitigated. To support fair distribution among ACC members of public dollars for the mitigation of impacts from operations of Sea-Tac Airport and Boeing Field. I. To participate in efforts to plan effectively, site appropriately and fully mitigate any regional surface transportation projects including RTA and extensions or improvements to State Routes 509 and 518, and 1-5 and 1-405. J. To create an economic, political and social climate in which the parties can realize meaningful benefits from being neighbors of Sea-Tac Airport and Boeing Field and other regional surface transportation facilities which are consistent with the community objectives of these parties. Page 2 of 17 Airport Communities Coalition Interlocal Agreement 2002 K. Such other and further related goals as may be determined by the Executive Committee. NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS: I. DEFINITIONS AND USAGES A. Each of the parties hereto shall be referred to as "Normandy Park", "Des Moines", "Burien", "Tukwila", "Federal Way", Highline School District or such other public agency as may be admitted. B. "Airport Communities Coalition" hereinafter referred to as "ACC" is the entity created by this Interlocal Agreement. C. "Executive Committee" means the assembly of representatives from the parties hereto, comprised of one representative, or one alternative, frorn each party hereto, the function of which is to administer the policy and purposes of this Agreement. D. "Chair" means the presiding member of the Executive Committee, who shall be elected by the other representatives of the Executive Committee. E. "Vice chair" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee to preside in the absence of the chair. F. "Treasurer" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee responsible for reviewing and keeping the Executive Committee informed about the financial activities of the ACC and report to the Executive Committee on the yearly audit. G. "Participate" or "participation" means the right of a party to vote on any matter submitted to the Executive Committee for a vote, upon payment of the minimum financial contribution specified hereunder. H. "Public agency" means the ACC member cities and school district(s) impacted by the operation of the Sea-Tac Airport (see Eligibility Section). I. "Operating expenses" means financial obligations, enforceable in law or equity, which have been incurred by the Executive Committee. Page 3 of 17 Airport Communities Coalition Interlocal Agreement 2002 II. UNDERSTANDING AND PURPOSES A. The Parties understand and agree to promote the goals set forth in the Recital 6 above and such other goals and policies as are determined by the Executive Committee. B. The Parties agree and understand that they will rely on the Executive Committee's faithful and responsible representation of the parties' collective and individual interests in making decisions under this Agreement that mutually benefit the parties. C. In furtherance of this Agreement the parties will: 1. Establish and! maintain clear lines of communication through their representatives on the Executi~e Committee. 2. Coordinate P~rticiPation in continued planning and environmental review processes concer~ing air transportation and environmental matters arising therefrom, both as to existinþ facilities, surface transportation projects or planned alternatives. 3. Prepare for and undertake litigation or other actions that may be required in order to further the parties' common objectives. 4. Conduct meetings of the Executive Committee in order to carry out necessary and proper functions of ACC as set forth herein. 5. Establish and~fund a budget, with amendments thereto as necessary in order to carry on the activities of ACC. This operating fund shall be known as the "Operating Fund of ACC Executive ommittee Joint Board." 6. The Executiv~ Committee shall not acquire any real property. Personal property shall be acquired as necessary to carry out the purposes of this Agreement. III. DURATION AND CONDITIONS OF WITHDRAWAL This Agreement may be reviewed annually but shall remain in full force and effect from January 1, 2002 unless terminated or modified by separate agreement, pursuant to Section X.A., so long as at least two Parties continue the operation of this Agreement. Any party may withdraw from this Agreement prior to its expiration by delivering written notice to the Executive Committee. Following such notification the Page 4 of 17 Airport Communities Coalition Interlocal Agreement 2002 withdrawing party shall remain liable for the full amount of its obligation to the ACC Operating Fund, as set forth in Section VilA To assure compliance with each party's affirmative obligations set forth in section VilLA, and to protect the confidentiality of the ACC's legal affairs, notice of a party's intent to withdraw from the ACC shall serve to immediately terminate the withdrawing party's right to participate in Executive Committee business, including votes. Further, a notice of withdrawal shall serve to eliminate the withdrawing party's right to attend any executive session held by the ACC or any of its committees or subdivisions, specifically including the Executive Committee. Upon a party's notice of withdrawal, such party shall not be entitled to a refund of any payment previously made to the Operating Fund unless all parties remaining to the Agreement unanimously determine to terminate this Agreement. Upon such termination, the remaining assets of ACC, if any, will be divided in proportion to the Parties' respective contributions to the Operating Fund to the date of termination, as set forth under Section VII below. IV. ELIGIBILITY Eligibility to participate in this Interlocal Agreement ("ILA") shall be limited to any "public agency" as defined in the definition section of the ILA who demonstrates support for ACC's goals as outlined in the Recitals Section of the ILA. A public agency seeking to participate in this Agreement may be allowed to do so, upon approval of the Executive Committee, pursuant to the existing terms hereof and upon payment of an agreed amount by the member parties. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters and specifically to vote on matters submitted to the Executive Committee. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters but not entitling said public agency to vote on matters submitted to the Executive Committee. Any public agency so admitted shall be deemed an ex officio party hereto. Admission of a public agency under the terms described in this section may be accomplished through separate agreement signed by all members and the agency being admitted. Page50f17 Airport Communities Coalition InterJocal Agreement 2002 V. CREATION OF AIRPORT COMMUNITIES COALITION (ACC) - EXECUTIVE COMMITTEE There is hereby created the Airport Communities Coalition (ACC). This organization shall be a voluntary association of the parties hereto. The association shall be governed by the Executive Committee. The Executive Committee shall be comprised of one voting member from each party who shall be an elective official of such party. The voting member of each party shall be duly selected annually by the legislative body of each party thereof. Each party shall similarly select an alternate voting member of the Executive Committee who shall serve in the absence of the voting member. Such alternate may be either an elected or appointed official of the party. The Executive Committee shall approve, by unanimous vote of all member parties, decisions that are major policy decisions. Major policy decisions are defined as: 1) accepting or rejecting legal, financial or negotiated settlements, and 2) accepting new member applications or rejecting existing members. Prior to voting upon any negotiated settlement, all ACC Executive Committee members, or alternate(s) as the case may be, shall receive by governing Councilor Board, resolutions from their respective jurisdictions authorizing approval or rejection of such settlement which shall be binding upon said representative. Any jurisdiction which fails to vote upon such resolution within 14 days of such proposed settlement shall be deemed to approve the vote or abstention of the representative to the Executive Committee. The Executive Committee shall approve by majority vote concerning the following, but not limited to: 1) to adopt and administer a budget, 2) hire or conclude consulting contracts, and 3) all other activities surrounding the daily operations of the ACC. When there are an even number of voting members which results in a tie vote, the issue shall be remanded back to a smaller committee of the Executive Committee in an attempt to resolve the issue. This smaller committee will consist of one Executive Committee member each who voted for and against the contested measure and the ACC Executive Director or another ACC staff person. This committee will be required to report back to the Executive Committee within two weeks with an alternative resolution. Regular meetings of the Executive Committee shall be held as determined by the Executive Committee. The Executive Committee shall elect annually by majority vote a "chair" to conduct its meetings, and may similarly elect a "vice chair" to serve in the chair's absence and a "treasurer" to review the financial activities of ACC. Neither the chair, vice chair nor treasurer shall forfeit, by virtue of their positions, any power Page 6 of 17 Airport Communities Coalition Interlocal Agreement 2002 vested in him/her and shall continue to preside at the pleasure of a majority of the voting members of the Executive Committee, and may be replaced at any time. A quorum for the conduct of business by the Executive Committee shall be a majority. Notice of any special meeting shall be circulated to all members of the Executive Committee by the chair, or upon the written notice of a voting majority of the Executive Committee not less than twenty-four (24) hours before such meeting is scheduled. No action will be taken without a quorum and without an absolute majority of the eligible voting members of the Executive Committee voting in favor of the matter under consideration. Executive Committee members may attend meetings and vote telephonically as may be necessary for the orderly and timely conduct of business. Written notice of any special meeting may be waived as to any member who at the time of the meeting is actually present or who has filed with the chair a written waiver of notice. The parties further agree and understand that the ACC Executive Committee may have executive sessions under RCW 42.30.110(i). VI. PROFESSIONAL SERVICES A. The Executive Committee may, from time to time, retain legal or other professional assistance or contribute to the retention by one of the parties of legal or other professional assistance to carry out the purposes of this Agreement. A contract or engagement letter shall be provided for each consultant so retained, which contract or engagement letter shall subsequently be marked as an Exhibit and incorporated into this Agreement, subject to all terms herein. All such contracts may be reviewed and updated annually for modifications or termination. B. Information and materials developed by providers of professional services, who are retained and are compensated pursuant to the provisions of this Agreement, shall be made available to each party to this Agreement which has borne its share of the cost of providing such services in the manner provided herein, and to all parties admitted to membership in ACC pursuant to the provision of Section IV. VII. SHARING OF COSTS A. In order to pay such fees, costs, and other expenses as are incurred by the Executive Committee on behalf of ACC including costs incurred in connection with the retention of legal or other professional assistance, it is the intention of the parties to this Agreement that each party will make available to ACC consistent with the provisions herein, funds for ACC operating expenses as indicated in Attachment A. B. Each party pledges its best efforts to approve appropriations providing for the sharing of costs specified in this Section VII, but no party shall be liable for any Page 7 of 17 Airport Communities Coalition Interlocal Agreement 2002 monetary assessment unless and until the governing body of such party has appropriated funds for such specific purpose. C. In the event that one or more of the parties to this Agreement fail to contribute to the sharing of costs in the amounts set forth above and in a manner consistent with provisions of this Agreement, the party in default will refrain from further participation in the Executive Committee's business, and its rights pursuant to this Agreement shall be suspended. D. In the event one or more parties fail to ratify this Agreement or having initially ratified this Agreement and thereafter defaults or withdraws from this Agreement, the cost sharing for any outstanding or future operating expenses shall be adjusted following the elimination of the party or parties on a basis proportional to the annual amounts set forth above in Section "A", adjusted to allow for any other parties admitted pursuant to Section IV but not included in Section "A", above, and; provided that the annual financial obligation of the remaining Party or Parties shall not exceed that amount set forth above in Section "A", unless modified by subsequent agreement hereto. VIII. COOPERATION A. Each of the parties participating in, or otherwise admitted to, this endeavor shall cooperate with the ACC Executive Committee. In that regard, each party hereto, whether involved by participation, admission, or otherwise, hereby covenants and agrees that, in the event of withdrawal, each such party shall not sue, harass, or in any form or manner interfere with the entity created by this Agreement or with any of the remaining parties, except as necessary to obtain the return of funds as provided in Section III. This covenant shall specifically prohibit the sharing of any information obtained in any manner, directly or indirectly, as a result of the withdrawing party's involvement in ACC or otherwise pursuant to this Agreement unless otherwise required by public records law. B. To accomplish the intent and purposes of the ACC, the parties expressly understand that legal proceedings may be pursued in various forums on behalf of ACC members. The parties recognize that legal proceedings are costly and complex endeavors and that it is necessary to assure that legal efforts are not compromised due to internal disputes and/or funding concerns. In this light, the parties hereby express their intent that legal matters shall be pursued in a manner consistent with policies and directives issued by the Executive Committee. Following initiation of any legal action authorized by the Executive Committee and filed on behalf of any or all coalition members, the parties expressly agree that, during the term of this Agreement, such matters will be conducted, resolved and/or settled as directed by the Executive Page 8 of 17 Airport Communities Coalition Interlocal Agreement 2002 Committee. No party shall have authority to enter into any settlement or compromise of claims asserted by the ACC without the Executive Committee's acceptance and unanimous approval of such settlement, unless such party has terminated its participation, pursuant to Section III. IX. INDEMNIFICATION A. In executing this Agreement, the ACC does not assume liability or responsibility for or in any way release the Parties from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, the Parties shall defend the same at their sole expense and if judgment is entered or damages are awarded against the Parties, ACC, or both, the Parties shall satisfy the same, including all chargeable costs and attorneys' fees. B. ACC shall indemnify and hold harmless the Parties and their officers, agents, volunteers and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the ACC, its officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Parties or the Parties and ACC, ACC shall defend the same at its sole cost and expense; and if final judgment be rendered against the Parties and their officers, agents, and employees or jointly against the Parties and ACC and their respective officers, agents, and employees, ACC shall satisfy the same. C. The Parties shall indemnify and hold harmless ACC and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the Parties, their officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against ACC or the Parties and ACC, the Parties shall defend the same at their sole cost and expense; and if final judgment be rendered against ACC, and its officers, agents, and employees or jointly against ACC and the Parties and their respective officers, agents, and employees, the Parties shall satisfy the same. X. MISCELLANEOUS PROVISIONS A. This Agreement shall be effective upon ratification by at least two of the Parties admitted pursuant to Section IV above. This Agreement may be amended only upon consent of all parties thereto. Any amendment hereto shall be in writing. Page 9 of 17 Airport Communities Coalition Interlocal Agreement 2002 B. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed a waiver of such term, covenant, or condition or any subsequent breach of the same of any other term, covenant, or condition of this Agreement. C. Any party hereto shall have the right to enjoin any substantial breach or threatened breach of this Agreement by any other party, and shall have the right to recover damages and to specific performance of any portion of this Agreement. D. This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. E. In all contractor services, programs or activities, and all contractor hiring and employment made possible by or resulting from this Agreement, ACC and the Parties shall abide by all federal, state, and local laws prohibiting discrimination. F. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during the term of this contract and three (3) years after termination. G. If any provision of this Agreement or application thereof to any party or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. H. This Agreement shall be effective whether signed by all parties on the same document or whether signed in counterparts. I. This Agreement supersedes the Interlocal Agreement entered into between the parties by signatures dated November and December 2000, and and January 2001. Page 10 of 17 Airport Communities Coalition Interlocal Agreement 2002 CITY OF NORMANDY PARK APPROVED AS TO FORM this day of ,200_" By City Attorney of Normandy Park DATED this day of ,200_" By Merlin MacReynold Its City Manager At the direction of the Normandy Park City Council by motion regularly passed at an open public meeting on ,200_" Page 11 of 17 Airport Communities Coalition Interlocal Agreement 2002 CITY OF DES MOINES APPROVED AS TO FORM this day of .200_, By Gary N, McLean City Attorney of Des Moines DATED this day of ,200_, By Robert L. Olander Its City Manager At the direction of the Des Moines City Council by motion regularly passed at an open public meeting on ,200_, Page 12 of 17 Airport Communities Coalition Interlocal Agreement 2002 CITY OF BURIEN APPROVED AS TO FORM this day of , 200_" By City Attorney of Burien DATED this day of ,200_, By Gary Long Its City Manager At the direction of the Burien City Council by motion regularly passed at an open public meeting on ,200_, Page 13 of 17 Airport Communities Coalition Interlocal Agreement 2002 CITY OF TUKWILA APPROVED AS TO FORM this day of ,200_. By Robert F. Noe City Attorney of Tukwila DATED this day of ,200_. By Steve Mullet Its Mayor At the direction of the Tukwila City Council by motion regularly passed at an open public meeting on ,200_. Page 14 of 17 Airport Communities Coalition Interlocal Agreement 2002 CITY OF FEDERAL WAY APPROVED AS TO FORM this day of ,200_. By Bob C. Sterbank City Attorney of Federal Way DATED this day of ,200_. By David H. Moseley Its City Manager At the direction of the Federal Way City Council by motion regularly passed at an open public meeting on .200_. Page150f17 Airport Communities Coalition Interlocal Agreement 2002 HIGHLINE SCHOOL DISTRICT APPROVED AS TO FORM this day of ,2OO_. By David T. Hokit Attorney for Highline School District DATED this day of ,20o_. Joseph R. McGeehan Its Superintendent At the direction of the Highline School District Board by motion regularly passed at an open public meeting on ,20o_. Page 16of17 Airport Communities Coalition Interlocal Agreement 2002 ATTACHMENT A Invoices will be sent quarterly in advance for payment in equal installments or in total. City of Normandy Park City of Burien City of Tukwila City of Federal Way City of Des Moines $300,000 per year for 2002 $475,000 per year for 2002 $ 50,000 per year for 2002 $ 15,000 per year for 2002 $ 25,000 per year for 2002 K:\interlcIIACC2002interlocal Page 17 of 17 Airport Communities Coalition Interlocal Agreement 2002 ..~~.!.~Q.!>-Å!~~..~e.~~!D._~~r!~,}.~Q!..__.._._.__._-_._..!!1}M~~ 4 \ CITY OF FEDERAL WAY City Council AGENDA ITEM ....--.-..-...--.....-- -~!m.~Ç_!EAI.J~~~~P~~Y~~~!~!>.~!l.!!!.e.Y!~!!().'!.fo..~_~!Ii!~!:Y.l=~I!Y~...---.-.-----.---.---.--.--- CATEGORY: X CONSENT RESOLUTION COUNCIL BUSINESS ORDINANCE PUBLIC HEARING OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .........................-.....-..........-...-.- .-.-....-...-. ...-..........-..-...--....-.---...-..............-............... ---...-...-...-.-..-..---.....-..----.--..-..-.-- ATTACHMENTS: Memorandum to Council Finance Economic Development and Regional Affairs Committee and the draft change to the Employee Guidelines. ..............-...--.--.---..-...-....-....-.--..-...-.--.-.-......-.....-.-..... ........................-.....-.........--..-.--..-.-.--.-..-..-- SUMMARYIBACKGROUND: Staff is proposing a change to the employee guidelines to allow employees to donate their vacation leaves to their fellow employees on extended military leave. This issue has arisen because we have two employees who have been called up and are currently on extended military leave and several other employees in the reserves who may be called up. Of the 24 jurisdictions we surveyed, the responses ranges ITom providing effected employees with full pay and benefits while on military leave (King County) to no additional benefits beyond that required by law (most cities). We would propose a shared vacation leave program where the effected employees, after their vacation and paid military leaves are exhausted, would be able to received leaves donated from other employees. This would be similar to our current shared sick leave program. (Employees on extended medical leave after exhausting their sick leave can receive donated sick leave ITom other employees). The intent of this shared leave proposal is to provide short.term (up to 3 months) financial stability to allow an employee to adjust to a different income and benefit level under military leave. Because the pay will be donated by other employees, the direct financial impact to the City would be limited to the cost ofbenefits. ..............-.....-..................................--.......-....-...-.-.-.............-........--..-........-..-...-.--............-........- .....-...........-...-.-...-...-..................--..- CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend Council approves the proposed ...s.~",E~~!~"'.",~PE()¡["'.I!'.X()!.!".1.'.p!()~~~s()I1.~",t.':'I1.~-"~-IpÌ!~~!~",y~~~i!~.~:!'f~~!i",~~.",!~..<:>f.!?.':'£.':'~Þ..(:!..!"2.<!Q.!..:..._...__.- PROPOSED MOTION: I move approval of the proposed employee guideline change with effective date by retractive to December 1,2001. .._~; ~.~ ~~;;-~~;~ ~~. ;---~. ......... - -.- .....--.--..----......-..-.-.--..--- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: - APPROVED _DENIED - TABLED/DEFERRED/NO ACTION - MOVED TO SECOND READING (ordinance only) COUNCIL BILL # 1ST READING ENACTMENT READING ORDINANCE # RESOLUTION # k,\fin,""\fi"<omm"200"'128\..,"d"o",,.d~ ADDITION TO THE NOVEMBER 28 COMMITTEE MEETING AGENDA Subject: November 27,2001 Finance, Economic Developmen~a¥~. a Regional Affairs Committee David H. Moseley, City ManageW h"'" \ lwen Wang, Management Servic~s Director jíUJ Shared Vacation Leave for Military Leave Date: To: Via: From: Staff is considering a revision to our Employee Guidelines that would provide a shared vacation leave program for employees on extended military leave. This issue has arisen because we have two employees who have been called up and are currently on extended military leave and several other employees in the reserves who may be called up. We have investigated what other cities are doing on this issue and the responses ranges ¡¡-om providing effected employees with full pay and benefits while on military leave (King County) to no additional benefits beyond that required by law (most cities). We would propose a shared vacation leave program where the effected employees, after their vacation and paid military leaves are exhausted, would be able to received leaves donated from other employees. This would be similar to our current shared sick leave program. (Employees on extended medical leave after exhausting their sick leave can receive donated sick leave from other employees). The intent of this shared leave proposal is to provide short-tenn (up to 3 months) financial stability to allow an employee to adjust to a different income and benefit level under military leave. Generally, the way a shared vacation for military leave would work is: after an employee has utilized their vacation and military leaves, employees will be asked if they would be willing to contribute from their vacation bank to the employee on military leave. The additional leave would fill the financial gap between the military pay and what they nonnally receive from the City. This would also allow the person to continue to receive regular City benefits. Because the pay will be donated by other employees, the direct financial impact to the City would be limited to the cost ofbenefits. We have one employee that has exhausted his paid leaves and therefore, we would recommend this change if approved by the Council to become effective on December 1. Attachment: Draft Employee Guideline Language CommiUee Recommendation: Approve the proposed shared leave program for employees on extended military leaves with effective date of December 1,2001. APPROVAL BY COMMITTEE: \ ~ ../< /~ . .~~'4-'~.-' Committee Member ( k:\fmancelmiitary.doc Draft Chan!!e to Emplovee Gnideline 8.9 Military Duty Add New Section: Active Military Duty Shared Leave The intent of this shared leave provision is to provide short-term financial stability to allow an employee to adjust to a different income and benefit level under military pay. Any employee who is ordered to report for active military duty for a significant military event such as "Operation Enduring Freedom" as determined by the City Manager and is unable to perform the duties of his or her City position may be eligible to receive donated hours. This may include an employee who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard and their reserves, the Army and Air National Guards, the Public Health Service connnissioned corps, and other categories designated by the President in a time of emergency. Any regular full-time or part-time City employee may donate accrued vacation leave hours to provide financial assistance to employees who are called to active military duty and who are unable to perform the duties of their position. Donations ofleave shall be in hourly increments. Vacation leave shall be transferred on a dollar for dollar basis. The value of the leave shall be detennined at the current hourly wage of the donator and the leave available to the receiving employee shall be calculated at the receiving employee's wage. An eligible employee may receive up to 50% of their regular pay per pay period as shared leave to supplement military pay for a total not to exceed 100% of their regular pay. The employee must turn over military paycheck stubs to the City so the City can determine the correct supplemental pay and donated leave amounts. An employee can receive shared leave for active military duty for up to 6 consecutive pay periods. While receiving shared leave, the City will continue to pay its portion of the employee and family health insurance benefits, and the employee will pay his or her portion. Employees will not accrue vacation, sick leave or other leave benefits while receiving shared leave. Other regular benefit deductions, such as retirement, will continue and will be based on the amount of pay received or number of hours of shared leave paid as appropriate. Continuation of optional benefits deductions is at the discretion of the employee receiving active military duty shared leave. Any donated leave ofless than $100 value which is unused because an employee returns to work will be forfeited and used to cover the costs of administering the shared leave program. If the value of unused donated leave exceeds $100, the unused leave will be returned to the donors on a pro rata basis, proportional to the donation, to the extent administratively feasible. kYmance\military.doc MEETING DATE: December 18,2001 IT~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: PCCI Janitorial Contract CATEGORY: BUDGET IMPACT: _X_CONSENT ORDINANCE BUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $22,564.00 Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Council Committee action fonn dated December 10,2001 SUMMARY/BACKGROUND: Professional Commercial Cleaning, Inc. (PCCI) has been servicing the City Hall building for one year. Staff recommends extending their contract for an additional year at the same annual cost of $22,564.00. Funds for this contract are budgeted in the Building Fund. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to forward to full Council on December 18, 2001, approval fo the PCCI Janitorial Contract amendment in the amount of $22,564.00 for a one-year tenn. CITY MANAGER RECOMMENDATION: Approve Council Committee recommendation. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLED/DEFERREDfNO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I ,ICOUNCIL lCOUNCIL ~MEMO.OOC Exhibit: 5-C CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: December 3, 2001 To: Parks, Recreation, Human Services & Public Safety Council Committee Subject: Steve Ikerd, Property Services Manager David MO~ager PCCI Janitorial Contract From: Via: Backl!ronnd: Professional Commercial Cleaning, Inc. (PCCI) has been servicing the building for two years. Staff recommends extending their contract for an additional year at the same annual cost of $22,564.00. Funds for this contract are budgeted in the Building Fund. Commission Recommendation: Motion to forward to full Council on December 18, 2001, approval of the PCCI Janitorial contract amendment in the amount of$22,564.00 for a one"year term. APPROVAL OF COMMITTEE REPORT: ~rð~ Committee Member c. -.J.-- SECOND AMENDMENT TO MAINTENANCE/lABOR AGREEMENT FOR JANITORIAL MAINTENANCE SERVICES DRAFT /211 () I ¡J! This Second Amendment ("Amendment") is dated effective this 1st day of January, 2002, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Professional Commercial Cleaning, Inc., a Washington ("Contractor"). A. The City and Contractor entered into a Professional Services Agreement dated effective January 1, 2000, as amended by First Amendment dated effective January 1, 2001, whereby Contractor agreed to provide janitorial maintenance services, (collectively, the "Agreement"). B. Section 14.2 of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The City and the Contractor desire to amend the Agreement to continue the Services described in Section 1 of the Agreement by extending the term of the Agreement, and increasing the compensation paid to the Contractor. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Term. Section 2 of the Agreement shall be amended to extend the term of the Agreement until December 31, 2002. 2. Compensation. In consideration of Contractor continuing to provide the Services described in Section 1 of the Agreement during the extended term of the Agreement, Section 4.1 shall be amended to increase the compensation paid to the Contractor by an additional amount not to exceed Twenty-two Thousand Five Hundred Sixty-four and no/lOo Dollars ($22,564.00) The total amount payable to Contractor pursuant to the original Agreement and this Second Amendment shall be an amount not to exceed Forty-five Thousand One Hundred Twenty-Eight and no/lOo Dollars ($45,128.000). 3. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. (-2- DATED the effective date set forth above. CITY OF FEDERAL WAY By: David H. Moseley City Manager 33530 1st Way South Federal Way, Washington 98063 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Bob C. Sterbank, City Attorney Professional Commercial Cleaning, Inc. By: Jerry Purdum Its: President 39245 148th SE Kent, WA 98042 (253)639-2900 C-3 - 2 - MEETING DATE: December 18, 2001 ITEM# .J£ (t ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Silverwood Final Plat, File No. 0 I-I 031 04-00-SU CATEGORY: BUDGET IMPACT: [8J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $none ------- A TT ACHMENTS: November 28, 200 I staff report with attachments to City CouncillLand Use Transportation Committee, including draft Final Plat Resolution. -------------------- SUMMARYIBACKGROUND: The applicant has submitted a request for final plat approval for the 70-lot Silverwood residential subdivision. The preliminary plat was originally approved by the Federal Way City Council on November 21, 100. The City Council Land Useffransportation Committee (LUTC) reviewed the final plat request at their December 3, _JOI meeting. ----------------- CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend approval of the final plat application to the full City Council. ------------ ------ PROPOSED MOTION: "] move approval of the resolution approving the Silverwood final plat." ~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # .¿VISED - 05/1012001 MEMORANDUM DATE: November 28, 2001 FROM: Dean McColgan, Chair Land Use and Transportation Committee n~ TO: VIA: David Mosel SUBJECT: Silverwood Final Plat Application Federal Way File #01-103104-00-SU I. SUMMARY OF ApPLICA TIONIEXHIBITS This application requests final plat approval for Silverwood, a subdivision of 70 single-family lots on 29.5 acres. Preliminary plat approval for the 70-lot residential cluster subdivision was granted by the Federal Way City Council on November 21, 2000. The Silverwood plat is located south of the intersection of 8th Avenue SW and SW 360th Street. Zoning for the site at the time of application was Residential Single-Family (RS 9.6). The subdivision is a lot-cluster plat in compliance with applicable Federal Way City Code (FWCC) requirements. Pursuant to FWCC Section 20-136, the City Council may approve the final plat application only if all criteria ofFWCC Section 20-1 36(b), are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria. The following exhibits are included with this memorandum: Exhibit A, Vicinity Map; Exhibit B, Final Plat Map; Exhibit C, Resolution; and Exhibit D, Staff Report (with attachments). ll. REASON FOR COUNCIL ACTION The final decision for all final plats rest with the City Council in accordance with FWCC Section 20- 136(b). Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. llI. STAFF RECOMMENDATION The Land Use/Transportation Committee recommend to the City Council approval of the Silverwood Final Plat Resolution. Do"D 17024 I City of . '":ederal Way I I Rosewood Lane and Silverwood Preliminary Plat Applications Ii :j fÐ ä Map Date: July 27, 2000 City of Federal Way, 33S30FirstWayS. Federal Way, WA 98003 (253) 661-<1000. This map i, intended for use as a g:~d~~~~~a:::~Nn~Y' The warranty as to ns accuracy. Legend: If C~y Limits D Right of Way' [ji1¡ Rosewood Lane Subdivision IR'! Silverwood Subdivision ŒJ SW 363rd Open Space g Bellacarino Tract A Detention Pond 'Not all light of way is developed Vicin~y Map Scale: 1 to 6240 1 Inch equals 520 Feet 0 500 Feet ~.'o n,",,' EXHIBIT ¿, PAGE-LO~ N """""............."..ml SILVERWOOD A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY. WASHINGTON ""--,,",,,""', HESUBtv\\TTED """"'" -- '" ,. ::"¡',".:J'ã ~ ~ ""'" . "'",.."",...... """"_"'-'/2"- """..""""'" """"'S(,+,,) V '152001 ..."',,.. ""-"" ...."',,.. """f~ NO, ""!~~J::'Tl:"'" ~. ""~",'" .""'~)~Iâ(""'" !O.'" I>~ ~ ':i:"rFMoFwi:" ..1 o~', ~'I!; "~~ ,;¡~ ~I~ *",,"-.m:"~ ä'~. G"o' ~~ ~-ß ~!!~ ~-i "",""") :ë"",~l~-;"", (0)- "::.¥;.. ~:f:'/ ~ g~' J'. ~â ~"'" ~> b~ ~:~"o~'1-",!; .,¡~ ~,~ ~,~ !!~,...":'-~I!! "..... ~-ß ~I!! f!!Z ~ """,~¡:tD~.., """'~'L'" ,~ ..."',,.. "",'" ...-"',,.. "",or §" ¡::n;S""E:' """"'~-" ~.;¡¡;~r' - k. """....."""""'" .""""".- «.. " ~-' ""'" '" .,' »""". , "" ,,-,,-n) ~," .. ¡¡ ~,~ I ~~. : ~ r I '¡'t'~~ ""'" --' .....~' ", '~ , "',"""",,'~ <.>~ 51"" ("""""~""""~) ..."".. - -- SECTION 30, TOWNSH" 21 NOIIT" RANGE' EAST, W,N, "",,'-.'000' ; f=a~~ p...;,=--1«f l' """'S(,...,¡ I£C"" , +-......~..................... I +-.....................-- :>: ::: =:. : :'- ~ PIN ...... '. "............,..""""".......... I g ('OS) ....... "" .. .... " .... ~ em =;." "':": '" Œ """-.1:.-= ¡~ _'"'_""'""",~) , - ~~iA~~'~ ~O"" ~ 1,;;',:., «25)251-1222 r~""'251- 11 SIL VERWOOD A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON LE""- DESCRIPTION ... """"""'"""'..... """"""""""'.. """" 30, """"'" """" """. ""."" . ... """". """"""" ""»<"""""""""""""'. DEDICATION ""--""""""""""",,,0-.,,"""""""""""""-""- -»<""........-=---»< ""'" .."""""'" . .."".....'" .. '" ~ ..... .. """ ""'."""""= , ........ umœ """'" -... ::i~""'"""" [ON« ACKNOWlEOOMENTS """ '" ........ """" "'... , Is< "1£D ""-"""-. """ ""... ""'" . .. "" ... ~"" .. -.. """"" """"'- """""'""""" N'PROVA15 OEPNmÆNT Of P\J8UC WORJ<S """"'" NÐ """'" ""'_DAY "'-. """ PU,", """" """""" """""""' Of """,,"NI'Y DEVELOPMENT """"",..."""""",--"YOf_.""" """cr~"'-""""""'" FED""'- w><Y Cffi' COUNCIL """""""""""""",--"Y"'_.""" """. em' """ "NO COUNTY ""'",,"ENT Of ><=SSM""" """~""""""""'--"""'-.""" """"'""""""" OEI'VTY""""'""""""" A","", DMSION CERTIFICATE """"""",1>0""""""""."",,."".1>0"""""" _SlE"""""""'" """""""'" """"""""""".."""""""""""""""""""'",,""'" "'" """"""'..""'" »< """""..... <ON"""'. """""',. """" '""'" """" """ """' "". "" ,"". ""- ""-,,,"'_.""'. """""""""" '.""1£~"~""""'" SURVEYOR'S NO= ""ÆU>""""'-"""""-"""""""""""-~"""-""""" """" ... ........ .. """'" ......... """'" ... """"""" .. """"" ..., ,. .... """'" ... ""'... .... NŒ1S " """'" ... ..-.. "" "'" ........ """" .. '" """ .-"-""""'"""""-"'""" ,""""""""",~"",_r.....,,'."""""""-"""""'- """""""""" ~:?"","';.,':¡.~.=.~~-.:::."=-~= ~:. ~..= "".. """..._"",m. "..... ,. "'" "'........ .... OK '" »< """"" """"" .. ""'" ... -... " ""'" """ ""'.'.~ -.... ",,""'om""""""""""""""""""""""""'" ".. EXHIBIT 13 PAGE-LOF & .... .... Barghausen j £=~L';n~e~~ '¡' "",""'-- ...... - ¡ - )"'-=""( ",- ;. ",-"",."'1>-0' ""-01-"""'-<>0-".- SILVERWOOD A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY. KING COUNTY. WASHINGTON PLAT NOTES AND RESTRICTIONS, Ii. =~ ro:-~ w:.=-.;",':« ~",,~~~,õ'"~~ .:1"'..:h~ """"""""""""""""""'. , "" """"" '" ....""""".. "'" "" """",,'" ",""""",,' """""'" '" '" nU' "'.. "" "'" '" .,,""'.,~ " ..~~ , ~...="""""""',..,,~~,~"""""",._, :.,i':l"""""""""""""""""""""ffi'" """"",.ccr""","""""""'" ,. """""""""""""""'"""""""',""""""""""""""""""""""'" """-",""""",,,,"""""""""""""""""'10"""""""""-""""""'" ",_"""",,,00""""-'.""""""""""""""0.,","""""""""""""" """""""""""""""""""'~"""""""""".""""""""""'""'-'" """""" ..~"""" """""~""'" ""OM""'~"-" "'" ,m".."""", " """",<",~""",~"",-"^"",""""","""""',"-,,,",,". t.,':::¡:~,~...:=' ""'~'o ""'~..""'" ,.,"""',,""""-,.......""- " """"""""""","",.~""""""""""",",",o"""."""",oo..""",,,, """,.-.""""""""'~-"'"""""""'. " ,--""...~..........""""""""""'........._"'.,..,.,,-, ~""""""."""'"""'.......""""""""""""""""........ """""'.. ""......._"","""""""""'"...."'" ..,""'..."""~"""-=_..."""""~-"""". """""on"""""""", ~~ ~ .::~ ~~ ~ ~ ¡¡:~~,,\W ~~~ ..:: """"""""""". """""""",,"""""""""""""""'S>W 2 "'" ~~"¡E ~,~~ w7=:~1{,,= -wJi lW'1J:t' ~~~ DRAINAGE EASEMENT RESTRICTIONS ""'" .. ""'. "",", ""um"". "" ""'- """"...",_.. """""""""'. ""'- ,:"I':~..~~~ . ~ ~ ~ .j { . t i Barghausen i Consulting Englneers,lnc. I ""-""'---- ..",""-"""""'..."'" ......... I"')"""'" r~ ""1"'-"" NE1/4 OF SW1/4, SEC. 30, T21N-R4E, W.II. . SHEET 3 OF 6 EXHIBIT tJ3 PAGE.-:LOF (ç "-"",,,0-,,-<>, '" , - 'H,""'-OO-"" ....-"'" SIL VERWOOD A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN ~ '" CITY O:I~~:::L W~/, KIIN~ COU~TY, WiSHING;ON ) /, =..OW..:""" S88" 22"E 6"69' SW 360th STREET ,;::¡., ~ FIWAJ[ ~ J£r ....,' C1 .. f~ ë,5 !5 ... "" "'" -' í'? ~S O. !5 ~. ~ ~ -_10-- ""'-00-0""'--"- SIL VERWOOD ~~P"'~~~E~ TRACT II ~~ . . .1 ...ImAcTE \ . . .) -J r::- . 1\ J. . ~ / /. . . .V. I. . . . . I (. ,'...... <:) .'...'1 \. . . . " TRACT D) . , . . \ SAT. ,. . , . . \ .,.nT. ..,.---" ~""':""":"-:; J (.-...vl ~ ....,~" I /' t: " . .( "'" 'J :\ ~ \.. - 9.~ C . . .( :5 - i w w ., IfWI) $ ....-""""'...~ . "',..""...................... ..... (a« " ""'" "'........- . ..,,"""""........_~ .."'~..........""""" . :J{~"""""""""" Œ!! ='~.:"..-:='~':'::~.-¡ .. -.......""""""".."""""""""'. "" -..............."""" ".""" """""""""""""""...""'. ""9 - ¡. KGSP5 r REG. N~. "u.u- ~O I I I I , IfWI) (""""""') PAL_"""""" ............-"'" .... ..... """" ... .. ................... "" .... ", ""'. ". ....... .¡ f Barghausen ! Con8ultln~nglneerS.lnC. . :.~:"'" _'7"""=--- """'" re (ø)",- NEII4 Of SWII4, SEC. 30, T2II-!I4E, W.M. ~ SHEET 5 OF 6 ' --_10-1"" FU-OO-O03'_-"--- i ! ~ Î SIL VERWOOD A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON ... <1f' ¡ ~ <1f' .. ~ ttf ó:1 .. ;: 91 ">if! u 12 11 10 48 48 TRACT F --""' "'.",. ", P: 'S D. !5 ;!"~~ ';;.,"" ". ,. ~ , '" '" ø J' \ /<'-:- , , (.'<:;;.',/ : ~ ~~1~~:~~:::-::::~~~ : ~ ~2~::::f}::::~~~7::,:V"'" -\ \ (, . . <""""'"""\J"-""'-"-<'~~ TRACTG \.;,-" r""".'- = //::;~~~(j ~'", '~<~~~/?~L \':-7 ---- ,:-' " " i I " ~ ~ ~ ? :::-.,':'.:-~- RESOLUTION NO. - DRAFT ('2-((1((/( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, APPROVING THE FINAL PLAT OF SILVERWOOD, FEDERAL WAY FILE NO. Ol-lO3104-00-SU. WHEREAS, the preliminary plat for Silverwood, City of Federal Way File No. SUB98-0006 (98- 103819-00-SU), was approved subject to conditions on November 21, 2000, by Federal Way Resolution No. 00-329; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 00-329 and in the October 9, 2000, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant submitted the application for final plat for Silverwood within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis, findings, and conclusions are set forth in the November 28,2001, Staff Report; and WHEREAS, the City Council Land Use/Transportation Committee considered the application for the Silverwood final plat at its December 3, 2001, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Silverwood during the Council's December 18,2001, meeting; Now TIJEREFORE, TIlE CITY COUNCIL OF TIJE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Silverwood, City of Federal Way File No. 01-103104-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. Res.#~,Pagel EXHIBIT. C PAGE-L~9S9 3 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 00-329, and the conditions in the October 9, 2000, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the November 28,2001, Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat ofSilverwood, City of Federal Way File No 01-103104-00-S0, is approved subject to satisfaction of compliance with plat conditions identified in the staff report and as required by applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Res. # ~ Page 2 EXHib~ { C PAGE~Of69" ') Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date ofthe resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_DAY OF ,2001. CITY OF FEDERAL WAY MAyOR, MllŒPARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Res.#~Page3 !1'"'-~?H'¡;;'T C &;;;^ ~h!.a ~ PAGE3~;Gf 3 I DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval SILVERWOOD FINAL PLAT Federal Way File No. Ol-lO13104-00-SU RECOMMENDATION City of Federal Way staff has reviewed the fmal plat ofSilverwood for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II INTRODUCTION Date: Request: Description: Owner: Engineer: November 28,2001 Request for final plat approval for the Silverwood subdivision Silverwood is a proposed lot cluster subdivision including 70 single-family lots on approximately 29.5 acres. The 70-lot Silverwood Preliminary Plat was granted approval by the Federal Way City Council on November 21,2000, per City Council Resolution 00-329. Access to Silverwood is via 8th Avenue SW, south ofSW 356th Street, and via SW 361~ west of 6th Avenue SW. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or fmancially guaranteed. Novastar Development Inc. 18215 n.d Avenue South Kent, WA 98032 425-251-6110 Barghausen Consulting Engineers Inc. 18215 nod Avenue South Kent, WA 98032 425-251-6222 EXHIBIT 1) PAGE---L-OF I;¿ Location: Generally south of the intersection of 8th Avenue SW and SW 360th Street; in Section 30, Township 21 North, Range 4 East, W.M, King County (Exhibit A - Vicinity Map). Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County District No. 39 School District: Federal Way Public Schools, No. 210 Report Prepared By: Jim Harris, Senior Planner III HISTORY AND BACKGROUND Silverwood is a proposed subdivision including 70 single-family lots on approximately 29.5 acres (Exhibit B - Final Plat Map). The 70-lot Silverwood Preliminary Plat was granted approval by the Federal Way City Council on November 21, 2000, per Resolution 00-329 (Exhibit 1- Preliminary Plat Map and Exhibit II- Resolution 00-329). The application for final plat approval was submitted on August 8, 200 I. A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Silverwood is attached to the LUTC November 28, 2001, memorandum (Exhibit C - Silverwood Final Plat Resolution). Zoning for the 29.5 acre site is RS 9.6. The preliminary plat was designed as a lot cluster plat, pursuant to the regulations in effect at the time of complete preliminary plat application. The cluster plat provisions allow a minimum lot size of 4,800 square feet. Lot sizes on the Silverwood final plat range from 5,000 square feet to 8,045 square feet, with the average size being approximately 5,664 square feet. The developer applied for final plat approval on August 8 2001. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with detennining whether: 1) the proposed final plat confonns to all tenns of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT 'D PAGE~OF /;;¿ OI-1O3104-00-SU / Do<ID""" Page 2 approval; 3) if all taxes and assessments owing on the property have been paid; and 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the Silverwood final plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC Section 20-135. IV COMPLIANCE WITH PREUMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval and SEP A conditions in the same order referenced in Federal Way City Council Resolution 00-329 and the SEP A Mitigated Detennination ofNonsignificance, respectively. Required improvements have been completed or financially secured as allowed by FWCC Section 20-135. 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the nwnber and/or location oflots as shown on the preliminary approved plat. A. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. Staff Response: This condition has been met. A Technical Information Report, drainage plans, and roadway plans were reviewed by the City of Federal Way and approved on May 21, 2001. B. The runoff control facilities within Silverwood shall be located in a separate Tract A, landscaped to allow for appropriate maintenance of the facility and dedicated to the City of Federal Way. Tract B at the plat entrance shall be owned, landscaped, and maintained by the homeowners association. A landscape plan for Tract B shall be submitted to the City for review and approval as part of the plan. Staff Response: This condition has been met. A combined wate~ quality and infiltration pond is located on Tract A, which will be dedicated to the City of Federal Way on the final plat map and through a statutory warranty deed that will be recorded with the plat. A landscaping plan for Tracts A and B was reviewed and approved with the construction plans. As allowed under FWCC Section 20-135, the applicant has hydroseeded the tracts and provided a financial guarantee assuring the completion of the landscaping improvements within six months of final plat approval. Upon completion of the improvements and site stabilization, the infiltration pond will be excavated an additional 18 inches as required by the 1998 KCSWDM. Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT 7) PAGE----:LOF I;;). OI-IO3104-OO-SU I 1>0<10""" Page 3 C. Stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue SW and SW 360th Street shall be retro fitted to provide water quality in accordance with the FWCC. Staff Response: This condition has been met. A wet pond provides water quality for pollution-generating impervious areas within the plat. A coalescing plate oil/water separator has been provided for runoff from SW 360th Street and 8th Avenue SW. D. The off-site Bellacarino Tract A, or other over-excavation, shall be designed and constructed in accordance with the KCSWDM to accommodate the additional runoff volume ftom the Silverwood development. Alternatively, the applicant may utilize the City's proposed SW 356th Regional Detention Facility, if established prior to the applicant's construction of Silverwood plat improvements and if use of the Regional Detention Facility is approved by the Public Works Director. Staff Response: This condition has been met. The applicant chose to make modifications to Bellacarino Tract A. The over-excavation was reviewed by City staff and approved on May 21, 200 I. These improvements have been completed. In addition, the applicant has designed the Silverwood Pond to infiltrate up to the 100-year storm. Any additional storm runoff will flow to the Bellacarino Pond through an overflow system down 8th Avenue SW and across SW 356th Street. E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract A storm drainage pond to accommodate the Rosewood Lane preliminary plat. Staff Response: This condition has been met. The applicant voluntarily designed and constructed the Silverwood storm drainage pond to accommodate storm drainage from Rosewood Lane. F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black, vinyl-coated) Type I, and landscaped. Staff Response: This condition has been met. The six-foot black vinyl-coated chain link fence and landscaping was installed. G. An easement in favor of the City shall be executed over the entire Silverwood Tract B for ingress, egress, and utilities. Staff Response: This condition has been met as identified in note 7 of the final plat map. Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT 1) 01-1O31O4-OO-SU/""'~=~:'; PAGE--=LOF Q 2. The applicant shall be required to construct all stonn drainage improvements necessary to mitigate all identified conveyance problems that are impacted by the Silverwood plat, whether existing at the time of preliminary plat approval or resulting from the plat's development, as identified during engineering plan review, as required by the Public Works Director. Engineering approval shall not be granted if it is detennined that proposed mitigation is not adequate to address the impacts of the project. Staff Response: This condition has been met. Plans for offsite conveyance were reviewed and approved. Conveyance facilities have been installed in 8th Avenue SW and SW 356th Street rights-of-way. 3. The [mal plat drawing shall establish the usable open space in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and prohibiting removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in open space tracts to meet the Mitigated Detennination ofNonsignificance (MDNS) conditions as approved by the City. A note shall be included on the final plat map that the open space tracts shall not be developed with any buildings, and may not be used for financial gain. Staff Response: This condition has been met. Tract F is the usable open space tract and contains approximately 4.4 acres. Note 10 on the final plat map states that Tract F is owned by the Silverwood Homeowners Association and may not be used for [mancial gain. Note 10 also prohibits removal of vegetation in Tract F, except as approved by the City of Federal Way. 4. Prior to issuance of construction pennits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: A. Open space landscaping in Tracts B and F; Staff Response: This condition has been met. A landscape plan for Tracts B and F was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of these landscaping improvements within six months of final plat approval. B. Street trees in right-of-way landscape planter strips; Staff Response: This condition has been met. A landscape plan for right of way landscape planter strips was approved by the Public Works Department in conjunction Silverwood final Plat Request for final Plat Approval Staff Report 01-103104-00-S0 f 1>0<"""" EXHIBIT Ð Page 5 PAGE 6 OF I;) with review and approval of the engineering plans. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of these landscaping improvements within six months of final plat approval. C. Tree preservation plan; and Staff Response: This condition has been met. A tree preservation plan (in the form of a clearing and grading limits plan) consistent with the preliminary plat approval was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. The applicant has complied with the approved clearing limits during the plat infÌ'astructure construction phase. Clearing of individual lots will occur in conjunction with construction of homes on each of the individual lots. D. Visual screening of the Silverwood Tract A fiom adjacent right-of-ways with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be screened by vegetation. Staff Response: This condition has been met. A landscape plan for visual screening of Tract A was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. A black, vinyl-coated chain link fence has been installed around Tract A. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of these landscaping improvements within six months of final plat approval. 5. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS), as amended by the City of Federal Way for this project, including the following requirements: A. SW 360'" Street shall be improved along the fiontage of the project as a Minor Collector, half-street improvement. Improvements will include dedication of 32 feet of new right-of-way to combine with the existing 30 feet of right-of-way for a total of 62 feet. The existing pavement shall be extended an additional IS feet south fiom the existing right-of-way, and improved with a vertical curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk. Where the applicant is proposing to regrade the profile of SW 360'" Street along the eastern 200 feet of fiontage, the improvements shall include 36-foot pavement width, and curb and gutter on both sides. (The planter strip and sidewalk shall be required on the south side only.) Staff Response: This condition has been met and bonded. Improvements have been installed and the right-of-way will be dedicated on the face of the plat and by statutory warranty deed recorded with the plat. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of the landscaping Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT Ð PAGE~OF /;). 01-1 03 1 04-00-SU ¡ Do< ID 116913 Page 6 improvements, streetlights, and sidewalk adjacent to the streetlights within six months of final plat approval. B. Eighth Avenue SW within the plat shall be improved as a Minor Collector. This includes 62-foot wide right-of-way and 36-foot wide pavement width, curb and gutter, four-foot planter strips, and six-foot wide sidewalks on both sides of the roadway, streetlights, and street trees. The sidewalk on the east side shall be extended to the intersection of SW 360th Street. Staff Response: This condition has been met and bonded. The improvements are complete with the exception of street trees, streetlights, and a portion of sidewalk. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of these improvements within six months of final plat approval. C. SW 361", SW 36300, and SW 365th Streets shall be improved as local streets, which include 52-foot wide right-of-way and 28-foot pavement width. Vertical curb and gutter, four-foot planter strips, and five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and street trees shall also be provided. Staff Response: This condition has been met and bonded. The improvements are complete, with the exception of street trees, streetlights, and a portion of the sidewalk. As allowed under FWCC Section 20-135, the applicant has provided a [mancial guarantee assuring the completion of these improvements within six months of final plat approval. D. Prior to final plat approval, signage shall be installed on all temporary cul-de-sac barricades as required by the Public Works Director. The signage shall be a minimum size of three feet by three feet, with three-inch letters, and state, "This street is planned for future extension by future development. For more infonnation, contact the City of Federal Way Public Works Department at 253-661-4131." Staff Response: The City anticipates completion of this condition prior to December 3, 2001. The applicant has ordered the signs, and the barricades have been installed E. Tracts C, L, I, J, and M shall be improved to the private access tract standard and shall be limited to serving a maximum offour lots. The lots that abut these tracts for access shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tracts shall be included on the plat and the language approved by the City. Improvements shall include a 36-foot tract width and 20-foot pavement width. Vertical curb and gutter and five foot wide sidewalk without planter strips shall be provided on one side. Tract length shall be limited to a maximum of 150 feet ITom face of curb to end of tract, unless a 90 foot diameter turnaround is provided. Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT Ð PAGE--..:LOF /,2 OI-IO3104-OO-SU I ""'10""" Page 7 v Staff Response: This condition has been met and bonded. Five private access tracts are included in the plat. Each tract serves a maximum of four lots, and all are less than 150 feet in length. Provisions for ownership and maintenance are identified in notes 8,11, 12,14 and 15. Pavement, curb, and gutter have been installed. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of the sidewalks within six months of final plat approval. F. All streets shall have a minimum pavement section of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. Staff Response: This condition has been met and bonded. All off site paving is complete. On site, the base and first asphalt lift has been completed. The final asphalt lift is being delayed to reduce wear and tear due to home construction activity. The applicant has provided a financial guarantee assuring the completion of the final asphalt lift within six months of final plat approval. 6. Clearing for the construction of the plat improvements (roads, pond, utilities, and lots I 2,33, 34,38 - 42, 54 - 65, 69, and 70) shall be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Stonn Drainage, Water Main, and Sanitary Sewer Plan, Sheet 2 of 8, that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. The remaining clearing necessary for lot development will be done at the time of house construction on the lots. Staff Response: This condition has been met through the plat infrastructure construction phase. Clearing of individual lots will occur in conjunction with construction of homes on each of the individual lots. 7. Lot 54 shall be reconfigured on the final plat map to attach the long narrow strip ofland presently identified as part oflot 54 to the adjacent Tract D. Staff Response: This condition has been met. Lot 54 has been revised on the final plat map to eliminate the long narrow strip ofland adjacent to Tract D. SErA CONDITIONS 1. Due to the downstream natural closed depression this project drains to, clearing, grading, and street/utility work for the plat improvements will not be pennitted from October 31 to March 30, unless approved in writing by the Public Works Director. Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT j) PAGE-LOF /:2 OI-1O3104-00-SU 1 DodDI169) Page 8 Staff Response: This condition was met. Clearing, grading, street construction, and utility trenching were all completed prior to October 31, 2001. Finish work, including trench backfill, asphalt paving, and concrete construction, continued past the October 31 deadline; however, these items served to further stabilize the site and did not create new erosion concerns. 2. Prior to final plat approval, the developer shall provide and implement a plan for the fencing and signing of all wetlands and wetland buffers on the site. The fencing shall be of similar nature to the proposed split rail wetland fencing proposed on sheet 4 of the road section and detail plans. Additionally, a minimum of 12 educational signs shall be provided around the on-site wetland buffers. A final plan for sign content, sign placement, and fence design shall be developed by a qualified professional and provided to the city for review and approval by the City at the applicant's expense prior to implementation by the developer. Staff Response: A plan wetland fencing and signage plan has been approved by the City, in conjunction with review and approval of the engineering plans. The wetland buffer lines abutting the developed portion of the plat are presently delineated by orange clearing limits fencing and/or siltation fencing. As allowed under FWCC Section 20-135, a financial guarantee has been provide to the City assuring completion of this improvement within six months of final plat approval. In addition, prior to individual home construction on any lot adjacent to a wetland buffer, the permanent wetland buffer fencing must be installed per the approved plan. 3. Any development within Tract F beyond the improvements proposed on sheet L-l (revised 12/20/99) shall be designed and constructed as required by the Director of Community Development Services to protect and enhance wildlife habitat to the maximum extent feasible. This effort may include, but is not limited to, vegetation removal and/or enhancement, and construction or improvement of Tract F for active recreation by the developer, future homeowners association, or the party responsible for ownership of the Tract. A note to this effect shall be included on the final plat map. Staff Response: This condition has been met and financially guaranteed. Note lOon the final plat map identifies provisions for future development of Tract F, consistent with the condition of preliminary plat approval. A plan for improving Tract F for active recreation was submitted, reviewed, and approved as part of the preliminary plat proposal. As allowed under FWCC Section 20-135, a fmancial guarantee has been provided to the City assuring completion and construction of the usable open space/recreation tract within six months of final plat approval pursuant to the approved plans. 4. Prior to final plat approval, the developer shall develop and implement a plan for the creation of nine snags within permanent open space areas. The plan shall be based on an evaluation of Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT 1) PAGE~OF ( ;;¿ OI-1O3104-00-SU ¡""'IDII"" Page 9 VI trees remaining following the clearing and grading phase of plat inuastructure construction. The plan shall be developed by a qualified professional and shall be reviewed and approved by the City at the applicant's expense prior to implementation by the developer. Staff Response: This condition has been met. The Department of Community Development Services approved a snag creation plan on October 26,2001. A November 7, 2001, letter uom Chad Annour, Wetland and Wildlife Scientist, identifies that the snag creation has been completed per the approved plan. 5. In order to mitigate for potential adverse transportation impacts resulting uom the project, 8'h Avenue SW off-site between SW 3561h Street and SW 360" Street shall be improved as a Minor Collector. Road improvements within the existing 6O-foot wide right-of-way shall include 36-foot pavement width, vertical curb and gutter on both sides, six-foot wide sidewalk, four-foot wide planter, street trees, and street lights on the west side. Staff Response: This condition has been met and bonded. The improvements are complete with the exception of street trees and streetlights. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of these improvements within six months of final plat approval. 6. In order to mitigate for potential adverse transportation impacts resulting uom the construction of the project, the two-impacted six-year Transportation Improvement Plan (TIP) projects must be constructed by the applicant prior to final plat approval. In lieu of constructing these TIP projects prior to final plat approval, the applicant may voluntarily offer to pay a pro-rata share contribution of $118,200.00 towards the two impacted (TIP) projects based on the calculation in the MONS. Staff Response: This condition has been met. The applicant has paid the SEP A traffic mitigation fee of $118,200.00. DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial confonnance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEP A mitigation have been met or financially guaranteed, and the final plat is in substantial confonnance to the preliminary plat. 2. The final plat is in confonnity with applicable zoning ordinances or other land use controls. Silverwood Final Plat Request for Final Plat Approval Staff Report EXHIBIT 1) Ol-IO31O4-OO-SU/""'p:;~~~ PAGE.-&-OF I;). Staff Response: This criterion has been met and/or financially guaranteed. The plat meets the zoning standards for the RS 9.6 zoning district. The lot sizes are not less than 50 percent of the underlying minimum lot size of 9,600 as required in the lot cluster code provisions in effect at the time of complete preliminary plat application. As provided in FWCC Section 20-135, performance and maintenance bonds are in place for the entire plat and off-site improvements. In addition, a performance bond is in place for any incomplete items as described in Sections IV and V above. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed to be completed within six months of final plat approval. All life safety improvements have been completed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and ITom school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school; open space preservation; drainage system installation; water system installation; sewer system installation; and street improvements. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Silverwood have been constructed and/or financially guaranteed. In addition, all water and sewer lines have been installed and approved by Lakehaven Utility District as identified in the November 16, 200 I, letter of substantial completion ITom Lakehaven Utility District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Silverwood Final Plat Reqnest for Final Plat Approval Staff Report EXHIBIT 1) PAGE-LOF /;¿ 01-103104-00-80 I Doom...." Page 11 VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Silverwood meets all platting requirements ofRCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or fmancially guaranteed to guarantee the plat conditions and code requirements will be completed within six months of final plat approval as allowed by FWCC Section 20-135. The project has been developed in conformance with Resolution 00-329, approving the Silverwood Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VII EXHIBITS Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit V 8Y:, x II Reduced Copy of Approved Silverwood Preliminary Plat Resolution 00-329 - November 21,2000, City of Federal Way Preliminary Plat Approval of Silverwood (with Hearing Examiner Preliminary Plat Approval Recommendation) 8Y:, x II Reduced Copy of Silverwood Final Plat Map (This exhibit is not included in all copies of staff report. See Exhibit B ofLUTC November 28, 2001, Summary Memorandum) Vicinity Map for Silverwood (This exhibit is not included in all copies of staff report. See Exhibit A of LUTC November 28,2001, Summary Memorandum) Final Plat Resolution of the City of Federal Way, Washington, Approving the Silverwood Final Plat (This exhibit is not included in all copies of staff report. See Exhibit C of LUTC November 28, 2001, Summary Memorandum) EXHIBIT 1) PAGE-fLOF /;;2 Silverwood Final Plat Request for Final Plat Approval Staff Report OI-IO3104-00-SU ¡"""IDII"" Page 12 lIOO-O6 """ /--96 d3S /'000-96 ens aoOM!I3K'" 00 DNIJ3.1SI\1:) .1O1I1V1d M- "'" ,--,,_.----,""" -,=, ---------.. ~'(S") "'086 NOlCtIHS.M 'lN3> HIJ1OS 3Y8\. Ct2! ~8I ~ lJ'I3ndO13.\3(J !N.LS>'AON - .-- .',' ~- ----um.Om -~. -, t ',/' ~.. --.........:~/,' . ¡/(\,~~ " ...~- -'- "" - ~- RESOLUTION NO. 00-329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF SILVERWOOD, FEDERAL WAY FILE NO. SUB98-0006. WHEREAS, the applicant Novastar Development Inc., applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Silverwood and consisting of29.55 acres into seventy (70) single family residential lots located south and west of the intersection ofSW 360" Street and 8'" Avenue SW; and WHEREAS, on February 17, 2000, an Envirorunental Mitigated Detennination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Envirorunental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, on March 17, 2000. Charles Connon and Bernard Mottershead filed an appeal of the SEP A envirorunental mitigated detennination of nonsignificance; and WHEREAS, on March 20, 2000, Michael Gendler on behalf of Roy Parke filed an appeal of the SEP A envirorunental mitigated detennination of nonsignificance; and WHEREAS, on September 20, 2000, Michael Gendler on behalf of Roy Parke withdrew the appeal of the SEP A envirorunental mitigated detennination of nonsignificance; and WHEREAS, pursuant to Federal Way City Code Section 20-115, the SErA appeal hearing and preliminary plat application open record hearing shall be held simultaneously; and WHEREAS, at the applicants request, the Federal Way Land Use Hearing Examiner on August 4, 2000, continued the public hearing until September 25,2000, concerning the SilveIWood preliminary plat and the SEP A appeal; and 00-329 RES #_, PAGE I EXHIBIT :ïr PAGE I OF V2:/ oorv WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Wzry Land Use Hearing Examiner issued a written Report and Recommendation containing findings, conclusions, and recommending approval of the preliminary plat of Silverwood subject to conditions set forth therein; and WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way Hearing Examiner issued a written Report and Decision containing findings and conclusions denying the SEP A environmental appeal of Charles Connon and Bernard Mottershead; and WHEREAS, no appeal of the Hearing Examiner decision on the SEP A environmental appeal was filed, and the SEP A appeal period expired on October 23, 2000, and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- J 27 of the Federal Way City Code to approve, deny, or modifY a preliminary plat and/or its conditions; and WHEREAS, on November 21, 2000, the City Council considered the written record and the Report and Recommendation of the Hearing Examiner on the Silverwood preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DoES HEREBY RESOLVE As FOLLOWS: Section 1. Adootion of Findines of Fact and Conclusions. 1. The fIDdings of fact and conclusions of the Land Use Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any rIDding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and HeMing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, #00-329 RES #_, PAGE 2 EXHIBIT 7r PAGE~OF p<.1 streels or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City Code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the prelimina¡y plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Silverwood, Federal Way File No. SUB98-0006 is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated October 9, 2000 (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council rIDding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable Cityordinanœs, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. SeverabilitY. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionaIity shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. 100-329 RES #_,PAGE 3 EXHIBIT ']I PAGE-LOF ;¿/ Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. REsOLVED By THE CITYCOUNCll. OF THE CITY OF FEDERAL WAY, WASHINGTON, THIs 21sÐAYOF November ,2000. CITY OF FEDERAL WAY ~/~ ~ /Clt /~ (~~ CI CLERK, N. CHRISTINE (fRJ!.~C APPROVED As To FORM: ~c~ ~ITY ATTORNEY, ROBERT £.. STERBANK FILED WITH THE CITY CLERK: 11/15/00 PASSED By THE CITY COUNCll.: 11/21/00 REsOLUTION No. 00-329 L\CSDC\DOCS\SAVI!IOI"""""'" 100-329 RES _,PAGE4 EXHIBIT Jr PAGE-LOF .:2t ~ If; . 0 .r" ~ IE 0 WJ Œ ~ CITY OF FEDERAL WAY ~ - , ~ :11 ,/'T 0 U I OFFICE OF THE HEARING EXAMINER -" 1 City Clerks Olf IN THE MATTER OF: ) Cilyolfederal~~:y ) FWHE#00-12 -- PRELIMINARY PLAT OF SILVERWOOD ) SUB 98-0006 ) ) ) ) PROCESS IV . . -I. SUMMARY OF APPLICATION The applicant requests preliminary plat approval to allow a 70 lot residential lot cluster subdivision.as provided for under Federal Way City Code (FWCC) Chapter 20, Subdivisions; and requiring approval for pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: September 25, 2000 October 9,2000 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. Jim Harris, Senior Planner, City of Federal Way Cary Roe, Director of Public Works, City of Federal Way Bob Sterbank, Deputy City Attorney, City of Federal Way Tom Barghausen, applicant, Nova Star Development, Inc., 1821572'"' Ave. South, Kent, WA 98032 5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401 6. Charles Connon, appellant, 355306'" Ave. SW, Federal Way, WA 98023 7. Bernard Mottershead, appellant, 708 SW 357'" St., Federal Wa,y, WA 98023 Ronald Lilley, 356156'" Ave. SW, Federal Way, WA 98023 8. 9. Patricia Owen.: 926 SW 356'" St., Federal Way, WA 98023 EXHIBIT 7J; PAGE 'ð~~OF dl 1 10. 11. Michael Rutter, 36619 6'" Ave.SW, Federal Way, WA 98023 David Moore, 35817 10'" Ave. SW, Federal Way, WA 98023 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Staff Report with all attachments Rosewood Lane Staff Report and attachments Environmen!al Appeals Power Point Presentation Letter from John Davis Letter from Alma Bennett Revised conditions Letter from Ray Parke withdrawing appeal H$PF Analysis dated 8-3-00 (revision) Poster board of SW 356'" stonn water facility Terry Brink's Letter Memorandum Letter from David Kaplan Drawings for SilvelWood submitted by Terry Brink Drawings for Rosewood Land submitted by Terry Brink Letter from Department of Fish and Wildlife dated December 2, 1999 Charles Connon's comments 17. . Photos submitted by Barghausen Engineering 18. Wide angle photo submitted by Bernard Mottershed 19. Large photos sùbmitted by Barghausen Engineering 2 . EXHIBIT :Ir PAGE-L-OF Pl/ 20. Petition submitted by Michael Rutter 21. Bernard Mottershead's supplemental submission 22. Exhibit showing pipe under 356'" St. 23. Document - Affidavit of Distribution 24. Sign Installation Certificate 25. Document Affidavit - September 26. Page 1-57 of the 1998 Surface Water Manual 27. . Page 1-35 of the 1998 Surface Water Manual 28. Public Notice (yellow sheet) published on City Hall doors III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. A Mitigated Environmental Detennination of Nonsignificance (MONS) was issued by the City of Federal Way for the proposed action on February 17, 2000. This determination was based on review of infonnation in the project file, including the environmental checklist, and staff evaluation of the environmental checklist for Silverwood resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MONS. The city received two timely appeals of the SEPA MONS. Pursuant to FWCC Section 20-115, the SEPA appeal hearing and preliminary plat application hearing shall be held simultaneously. The staff report to the Hearing Examiner on the SEPA appeal is under separate cover. 4. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). While the environmental appellants challenged the notice, exhibits in the record establish that the City property published, posted, and mailed notice of the original scheduled August hearing in the month of July. Following the Examiner's continuance of the hearing based upon the applicant's 3 EXHIBIT T PAGE---'Z-OF cZl 5. 6. 7. request the City posted a notice of the continuance and the new hearing date and time on the doors of City Hall. The City also mailed a new notice of the time and date of hearing to all property owners within 300 feet of the site and to parties of record. The applicant has a possessory ownership interest in an "L" shaped, 29.55 acre, unimproved parcel of property located south of SW 356"' St. at the terminus of 8'h Ave. SW. The applicant requests preliminary plat approval of a clustered subdivision with a minimum lot size of 4,800 square feet and an average lot size of 5,785 square feet. The preliminary plat map shows that the applicant will extend 8th Ave. SW south and west through the site to the south property line, and will also extend SW 361 st St. from the east to the west property line. Cul-de-sac roads extending north and south of 8'h Ave. SW will ensure provision of internat access to all lots. Tract A, a 54,362 square foot parcel located at the intersection of 8th Ave. SW and SW 360'h St., will contain a storm drainage pond sized to accommodate runoff from both the Silverwood parcel and the adjacent nine lot plat of Rosewood Lane. Rosewood Lane will extend 361" St. from 6'h Ave. SW to the east property line of Silverwood. The west half of the base of the "L" will remain in permanent open space as it contains wetlands and wetland buffers. A wetland and buffer will also be preserved in the southeast corner of the parcel in Tract D containing 103,222 square feet. Approximately 47% of the parcel will remain in open space. 8. The site and parcels to the north and west are located within the Single Family High Density designation of the Federal Way Comprehensive Plan, while properties to the south and east are located in the Single Family Medium Density Designation. The site and parcels to the north and west are within the RS-9.6 zone classification which authorizes single family residential dwellings as outright permitted uses on minimum 9,600 square foot lot sizes. Parcels to the south and east are in the RS- 15.0 zone classification which authorizes single family residential dwellings on minimum 15,000 square foot lot sizes. 9. The applicant originally submitted a completed application for a 51 lot traditional subdivision in compliance with the RS-9.6 zone classification on June 21,1996. On January 6, 1998, the Federal Way City Council adopted Section 20-154 of the Federal Way City Code (FWCC) which authorized cluster subdivisions. The applicant then withdrew the original application and resubmitted a completed application for a 70 lot cluster subdivision which the City deemed complete on November 3,1998. 10. Section 20-154(a) FWCC allows cluster subdivisions in order to promote open space 4 EXHIBIT ~ PAGE-LOF ~{ 11. and to protect natural features such as wetlands and other environmentally sensitive areas. The code allows an applicant to reduce lot sizes and locate the lots in "clusters" on the site on non-sensitive portions of a site, while maintaining sensitive areas in open space. Section 20-154(b) FWCC authorizes reduction of lot sizes up to one-half of the size authorized by the underlying zone classification, but in no case less than 3,600 square feet. The applicant's proposed minimum lot size of 4,800 square feet equals 50% of the minimum 9,600 square foot lot size authorized by the RS-9.6 zone classification. The size of the parcel would allow 87 lots in a clustered subdivision, but the applicant requests only 70. The primary objection to approval of the preliminary plat and the subj€!ct of the environmental appear concerns storm water management. The environmental appellant asserts that development of the plat will create flooding at various locations between the plat storm drainage pond and at the ultimate destination for the storm water, a closed depression in the Bellacarino Woods subdivision designated as Tract A. The applicant proposes to collect all storm water from impervious surfaces in both the Silverwood and Rosewood Lane plats, direct it to the storm drainage pond at the northeast corner of the Silverwood plat, and then discharge the water to a natural drainage system which flows to Tract A in the Bellacarino Woods subdivision. The applicant has received permission from both the City Public Works Department and the owner of Tract A to excavate Tract A to a sufficient depth to accommodate storm water from the two plats. The applicant has also acquired a parcel of property adjacent to Tract A owned by Roy Parke (an environmental appellant represented by attorney Mickey Gendler who subsequently withdrew his environmental appeal). In addition to Tract A the applicant may excavate the Parke property to accommodate storm water. Finally, the City of Federal Way may acquire additional parcels surrounding Tract A for the purpose of converting the area into a regional storm facility. The applicant will have the opportunity to use either Tract A and the Parke property or the regional facility when constructed. 12. The applicant will construct a two cell, detention/water quality, wet pond of sufficient size to accommodate stann water runoff from the two plats. Stonn drainage facilities also include settling areas to reduce sediment and preserve the infiltration properties of Tract A. Stormwater will also be directed through a bioswale before discharge, and the applicant will fence and landscape the excavated portion of the Tract NParke property. The applicant originally calculated the volume for the original 51 lot plat, but then reevaluated the volume using the HSPF method for the 70 lot clustered subdivision. While concerns were raised regarding high groundwater and inadequate separation from the bottom of the pond, the Public Works director testified that groundwater is not an issue; that the applicant is authorized to excavate to an elevation of 311 feet; that the code authorizes a minimum three foot s~paration between the bottom of the pond and the highest 5 EXHIBIT '§ PAGE-LOF ,ç¿( 13. 14. 15. 16. groundwater; and that the closest the groundwater will get to the bottom of the pond is seven feet. While concerns were raised that the pond has no natural overflow, the director testified that the pond has an outlet at elevation 318.91 feet, but the City has no evidence that water has ever overtopped the outlet. Residents in opposition presented no expert testimony contradicting the applicant's and the City's experts. Concerns were raised that the south portion of the plat presently drains to the Hylebos waterway and that directing plat water to the north will eliminate said flow and adversely impact salmon. The director testified that the storm drainage plan shows that the south part of the plat will continue to drain to the south while the balance will go no~h to the closed depression. Testimony asserted that the applicant could not use the Bellacarino Woods depression since the City has not accepted the pond. As previously found, the applicant has secured approval of the owner of the pond and the City to direct its storm water thereto. Furthermore, the natural flow from the area is to the closed depression and the applicant has a right to discharge its water to the existing natural drainage. At the present time, the City is evaluating the Bellacarino Woods pond and is holding a maintenance bond to verify that it is working. The pond is complete and acceptance by the City does not affect the completion date. Concerns were also raised regarding downstream flooding between the Silverwood subdivision and the Bellacarino Woods closed depression. Testimony by the City and the applicant established that flooding is likely caused by inadequate storm drainage facilities installed in the past. The applicant will improve some of these facilities during plat construction which will alleviate some of the downstream flooding. The release rate from the storm drainage pond will ensure that the storm water will not discharge to the drainage swale at an increased rate. The Alderwood gravelly sandy loam soils underlying the site will support a clustered subdivision as they are deemed capable of supporting urban development as their properties include slow runoff and slight erosion hazards. The topography rises gradually from north to south and has no steep slopes or other geologically hazardous areas. 17. The site is heavily wooded with second growth forest and a dense understory of shrubs. Construction of the plat will require cleañng approximately 46% of the site and will result in the removal of approximately 46% of the significant trees on site (157 of 354). The applicant must submit and obtain approval of a tree clearing plan and landscape plan pursuant to Section 20-158 FWCC. 18. Terra Associates, Inc., the applicant's wetlands expert, identified four wetlands on the site. The City's wetland consultant, Adolfson Associates, Inc., reviewed the 6 EXHIBIT ~ PAGE~OF ¿;¿/ 19. 20. Terra Associates report and concurs with the delineations. The site plan shows that all improvements and land surface modifications will occur at least 100 feet from all wetlands. The applicant will preserve and protect said wetlands with minimum 100 foot wide buffers. An MONS mitigating measure requires fencing and signing of all wetlands. Terra Associates, Inc., also conducted a series of wildlife and habitat evaluations on the Silverwood parcel which were reviewed and approved by Adolfson Associates. Based upon letters asserting the presence of a red tailed hawk, the applicant also submitted a wildlife reconnaissance report on November 19, 1999, (Exhibit S-9) which establishes that no nests exist on the site for medium or large raptors. The Terra repbrt identified evidence of foraging by a pileated woodpecker, a candidate species for the threatened or endangered species list. While the site is much too small to support pileated woodpeckers, SEPA mitigating measures require the creation of nine snags within the permanent open space areas to compensate for those removed by plat construction. Impacts on wildlife are mitigated through preservation of approximately 14 acres as permanent open space. The site is located within the southern portion of the city in a single family residential area. Parcels to the .north are generally developed with single family residences on lots ranging between 9,000 and 30,000 square feet, while to the east single family dwellings are located on lots ranging from 15,000 square feet to four acres. Single family dwellings on large lots are also to the south. The cluster development will allow substantially smaller lots than presently exist in the area, but many of the lots are buffered from abutting development by the wetland buffer. Furthermore, this area of the city is in transition from large lots to developments in accordance with the RS-9.6 zone classification. 21. Concerns were raised that the City Council has placed a moratorium on cluster development and that Silverwood should not be allowed. However, the ordinance establishing the moratorium vests all completed applications for cluster subdivisions. Furthermore, RCW 58.17.033 states in pertinent part as follows: A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinance, in effect on the land at the time a fully completed application for preliminary plat approval of the short subdivision...has been submitted to the appropriate...city...official. . Thus, State law also requires the City to consider the present application for a cluster subdivision. Section 20-153 FWCC sets forth the formula by which an applicant detennines tile maximum number of lots which can be created in a cluster 7 EXHIBIT ;zC PAGE--L!.-OF ól ( 22. 23. 24. 25. 26. subdivision. Said formula requires subtraction of 15% of the site for open space and 20% of the site for streets. Calculations show that the applicant could obtain a maximum of 87 lots on the site, but has requested 70. Section 20-154(e) FWCC requires a cluster subdivision to provide at least 15% of the site as usable open space, and 15% of the present site calculates to 193,091 square feet. The applicant proposes 195,595 square feet within Tracts F and K located in the northwest and southwest portions of the plat. The applicant will improve Tract F with an irrigated open lawn play area, children's tot lot, bench seating, picnic tables, and a gravel pathway. Tract K will provide a pedestrian pathway from an in.temal plat cul-de-sac to SW 360lh St. The applicant will construct sidewalks along all street frontages and half street improvements on SW 360'" St. which will include a six foot wide sidewalk and four foot wide planter strip on its south side. The applicant submitted a Traffic Impact Analysis (TIA) prepared by Transpo Group, a qualified traffic engineering firm. The City's traffic engineer reviewed the TIA and concluded that the proposed street layout is consistent with adopted City codes and the comprehensive plan. The applicant will improve 8'" Ave. SW within the plat as a minor collector which will include a 62 foot wide right-of-way and 36 foot wide pavement width with curb, gutter, four foot wide planter strip, and six foot wide sidewalks on both sides. The balance of the internal plat roads will be improved as local streets. Mitigating measures in the MONS require off-site traffic mitigation in the nature of a pro rata share contribution of $118,200 to off-site traffic improvement projects, and the improvement of 8'" Ave. SW between the plat entry and SW 356'" St. to minor collector standards. School aged children residing in the plàt will attend Enterprise Elementary, lIIahee Junior High School, and Federal Way High School. The district will bus elementary and senior high school students, but junior high school students will walk to lIIahee Junior High. Safe walking conditions will be provided by the construction of on-site sidewalks and a sidewalk along 8'" Ave. SW between SW 360'" and SW356"'. The applicant must also comply with the City School Impact Fee Ordinance and make a payment of $2,383 per single family housing unit. The Lakehaven Utility District has provided a certificate of water availability confirming that it will provide both potable water and fire flow to the site. The Lakehaven Utility District has also issued a certificate of sewer availability confirming that it can serve all lots with sanitary sewers. 27. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each 8 EXHIBIT r PAGE~OF .2' 28. criteria are hereby made as follows: A. As previously found, the proposed preliminary plat complies with the Federal Way Comprehensive Plan which designates the site as Single Family - High Density. B. The project complies with all provisions of the FWCC to include those adopted by reference from the comprehensive plan to include Chapter 18, Environmental Policy; Chapter 20, Subdivision; and Chapter 22, Zoning. Future development of the subdivision will also be required to comply with applicable çlevelopment codes and r~gulations. C. The project is consistent with the public health, safety, and welfare as both the comprehensive plan and FWCC authorize its development. D. The preliminary plat complies with the design criteria listed in Section 20-2 FWCC. E. As conditioned, the plat complies with all development standards set forth in Sections 20-151 through 157 and 20-158 through 187 FWCC. Concerns regarding development of the plat itself and its storm water facilities will be addressed prior to final plat approval and the construction of homes. The Washington Court of Appeals in T oppinq v. Pierce County Board of Commissioners, 29 Wn. App 781 (1981), descóbed a preliminary plat as follows: . The purpose of a preliminary plat is to secure approval of the general "design. of a proposed subdivision and to determine whether the public use and intèrest will be selVed by the platting. Although the Planning Department must determine... whether water supplies [and] sanitary waste disposaL.are currently available or whether provisions must be made for the addition of such selVices, see RCW 58.17.110, compliance with specific health regulations applicable to a completed development is not required for approval of a preliminary plat. Essentially, the preliminary plat supplies infonnation not specified by regulation or ordinance. Matters which are specified by regulation or ordinance need not be considered unless conditions or infirmities appear or exist which would preclude any possibility of approval of ttie plat. 29 Wn. App. 781 at 783. . The Toppinq case was recently cited with approval in the unpublished Court of Appeals case of Larqent et al. v. Klickitat County. 9 EXHIBIT -:æ PAGE....£LOF 21 In Haas et al. v. Clark County Division II of the Court of Appeals in an unpublished opinion dated January 22,1999, discussed preliminary plat approval as follows: RCW 58.17.020(4) provides that a "preliminary plat" "is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision". In contrast, a "final plat" "i~ the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter"...Furthermore, both the statute and the code contemplate conditional approval, which suggests that if a requirement is not fully satisfied at the time of preliminary approval, then meeting this requirement may be made a condition of final approvaL..and we have previously held that the approving authority is empowered to condition approval of the plat upon compliance with RCW 58.17.110...Conditional approval serves the goal of compliance with the statutory scheme and the county code requirements because it requires the developer to satisfy those requirements before final approvaL.. In the present case, the applicant has provided significantly more detail regarding its storm drainage system and other elements of the plat than is normally provided at the preliminary plat stage. While more information will be required prior to approval of a final storm drainage plan to include the size of drainage facilities between the Silverwood and Bellacarino ponds, these issues will be addressed in accordance with City ordinances prior to final plat approval. The applicant has more then satisfied the detail required for preliminary plat approval. 29. The Examiner is aware of concerns raised by property owners in the area that dense subdivisions will change the character of the area, adversely affect their lifestyles and property values, and create the need for additional services. These concerns are akin to those addressed by the Washington Supreme Court in the case of SORE v. Snohomish County, 99 Wn. 2d 363 (1983). In SORE, Snohomish County adopted a new comprehensive plan which identified appropriate land for industrial development and business parks. At the time of plan adoption an area identified by the plan for industrial development consisted of agricultural land and houses on substantial acreage. The applicant requested a zone reclassification to industrial uses which would implement the newly adopted comprehensive plan. The Court quoted favorably from the Snohomish County Hearing Examiner's decision 10 EXHIBIT Jr PAGE-LLOF :¿/ as follows: If such implementation [of the plan] were not allowed to occur until physical or developmental circumstances in the area had changed, a new comprehensive plan might never be fulfilled: If an area is presently undeveloped and a newly amended comprehensive plan calls for industrial development, no industrial development may occur until at least one industrial rezone has been granted. If the rezone itself cannot occur because land development patterns have not changed in the area then the industrial development most likely will never have the opportunity to occur. 99 Wn. 2d 363 at 370. '. . In the present case, the applicant does not request a zone reclassification, but approval of a subdivision consistent with both the comprehensive plan and zoning regulations adopted by the City Council. As in SORE, supra., this urban growth area cannot develop in accordance with the Council's determination unless subdivisions in accordance with RS-9.6 and RS-15 densities are approved. Even though the first subdivisions will be inconsistent with existing lot sizes, the Council has detel111ined that this area of the City is appropriate for such densities. While all agree that the subdivision proposes smaller lots than abutting and nearby properties, the subdivision is consistent with the RS-9.6 zone classification, the cluster subdivision ordinance, and future development of the area as contemplated by the comprehensive plan and zoning regulations. 30. RCW 36.70B.040 requires a local government to determine a proposed project's consistency with its development regulations adopted pursuant to Chapter 36.70À RCW, the Growth Management Act. Said section provides that in determining consistency of a particular project, "the determinations made pursuant to RCW 36. 70B. 030(2) shall be controlling". One of the controlling detel111inations set forth in RCW 36.70B.030(2) is: Density of residential development in urban growth areas. Thus, since the applicant has established that the project satisfies the density authorized in the comprehensive plan and FWCC as previously adopted by the Council, and since these densities are controlling when considering a project's consistency with the plan and code, the proposed plat must be considered consistent with adjacent and nearby densities. Construction of detached single family dwellings on smaller lot sizes than abutting properties does not create an inconsistent or incompatible use or feature that would not allow orderly integration or operation with other elements in the system. Smaller lot sizes in and of themselves do not prohibit hal111onious, agreeable, or friendly association with 11 EXHIBIT k PAGE-6L..OF ;;¿¡ others. IV. CONCLUSIONS F rom the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat of Silverwood complies with the Single Family High Density Designatiol1 of the Federal Way Comprehensive Plan, the RS-9.6 zone classification, and the duster subdivision requirements of the FWCC. 3. The proposed preliminary plat makes appropriate provision for the public health. safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat and cluster subdivision will serve the public use and interest by providing an attractive location for a single family residential subdivision in the south part of the City. Therefore, the proposed preliminary plat should be approved subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lòts as shown on the preliminary approved plat. A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. The runoff control facilities within Silverwood shall be located in a separate Tract A. landscaped to allow for appropriate maintenance of the facility, and dedicated to the City of Federal Way. Tract B at the plat entrance shall be owned, landscaped, and maintained by the homeowners association. A landscape plan for Tract B shall be submitted to the city for review and approval as part of the plan.. C. Stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue SWand SW 360" Street shall be retro fitted to provide water quality in accordance with FWCC. 12 . EXHIBIT :JJ: PAGEA-OF ~ 2. D. The off-site Bellacarino Tract A or other over-excavation shall be designed and constructed in accordance with the KCSWDM to accommodate the additional runoff volume from the Rosewood development. Alternatively, the applicant may utilize the City's proposed SW 356'" Regional Detention Facility, if established prior to . the applicant's construction of Silverwood plat improvements and if use of the Regional Detention Facility is approved by the Public Works Director. E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract A storm drainage pond to accommodate the Rosewood Lane preliminary plat. F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black, vinyl-coated) Type 1, and landscaped. G. An easement in favor of the city shall be executed over the entire Silverwood Tract B for ingress, egress, and utilities. The applicant shall be required to construct all storm drainage improvements necessary to mitigate all identified conveyance problems that are impacted by the Silverwood plat, whether existing at the time of preliminary plat approval or resulting from the plat's development, as identified during engineering plan review, as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed mitigation is not adequate to address the impacts of the project. 3. The final plat drawing shall establish the usable open space in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and prohibiting removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the city. Additional vegetation may be located in open space tracts to meet the MONS conditions approved by the city. A note shall be included on the final plat map that the open space tracts shall not be developed with any buildings, and may not be used for financial gain. 4. Prior to issuance of constructiòn permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the city for approval, and shall include the following elements: A. Open space landscaping in Tracts Band F; 13 . EXHIBIT ::It" PAGE---12.-0F ~f B. c. D. 5. Street trees in right-af-way landscape planter strip; Tree preselVation plan; and Visual screening of the Silverwood Tract A from adjacent right-of-ways with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be screened by vegetation. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including thé.foJlowing requirements: A. SW 3601h Street shall be improved along the frontage of the project as a Minor Collector, half-street improvement. Improvements will include dedication of 32 feet of new right-of-way to combine with the existing 30 feet of right-of-way for a total of 62 feet. The existing pavement shall be extended an additional 18 feet south from the existing right- of-way, and improved with a vertical curb and gutter, four-foot planter strip, street trees, streelights, and six-foot wide sidewalk. Where the applicant is proposing to regrade the profile of SW 3601h Street along the eastern 200 feet of frontage, the improvements shall include 36 foot pavement width, and curb and gutter on both sides. (The planter strip and sidewalk shall be required on the south side only). B. Eighth Avenue SW within the plat shall be improved as a Minor Collector. This includes 62 foot wide right-of-way and 36 foot wide pavement width, curb and gutter, four-foot planter strips, and six-foot wide sidewalks on both sides of the roadway, streetlights, and street trees. The sidewalk on the east side shall be extended to the intersection of SW 360'" Street. C. SW 361'\ SW 363"', and SW 365'" Streets shall be improved as local streets, which include 52 foot wide right-of-way and 28 foot pavement width. Vertical curb and gutter, four-foot planter strips, and five foot wide sidewalks shall be provided on both sides of the street. Streetlights and street trees shall also be provided. D. Prior to final plat approval, signage shall be installed on all temporary cul-de-sac barricades as required by the Public Works Director. The signage shall be a minimum size of three feet by three feet with three inch letters, and state, "This street is planned for future extension by future development. For more information contact the City of Federal 14 EXHIBIT 7t: PAGE.-tLOF ;2.( E. 6. Way Public Works Department as 253-û61-4131. Tracts C, L, I, J, and M shall be improved to the private access tract standard and shall be limited to serving a maximum of four lots. The lots that abut these tracts for access shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tracts shall be included on the plat and the language approved by the city. Improvements shall include a 36 foot tract width and 20 foot pavement width. Vertical curb and gutter and five foot wide sidewalk without planter strips shall be provi?ed on one side. Tract length shall be limited to a maximum of 150 feet from face of curb to end of tract, unless a 90 foot diameter turnaround is provided. F. All streets have a minimum pavement section of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. Clearing for the construction of the plat improvements (roads, pond and utilities and lots 1,2,33,34,38-42, 54-û5, 69, and 70) shall be generally consistent with the cleañng limits depicted on the Preliminary Road Grading, Storm Drainage, Water Main, and Sanitary Sewer Plan, Sheet 2 of 8, that was prepared by the applièant for the preliminary plat process. . The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. The remaining clearing necessary for lot development will be done at the time of house construction on the lots. RECOMMENDA TtON: It is hereby recommended to the Federal Way City Council that the request for preliminary plat approval of Silverwood be approved subject to the conditions contained in the conclusions above. DATED THIS c¡fl--oAY OF October, 2000. sr4!t:.ç;; t/ Hearing Examiner 15 EXHIBIT -:IT PAGE~OF .2/ TRANSMITTED THIS ~ DAY OF October, 2000, to the following: APPLICANT: ENGINEER: OWNER: B.J. Mottershead Charles Connon Michael D. Rutter Linda Lorentzen David J. Moore Carol Stiles Terry Brink Larry Karpack Leonard Hills H. David Kaplan James Geluso Ron Lilley Skip Holman Kevin L. Jones Novastar Development, Inc. G. Wayne Potter 18215 72nd Avenue South Kent, WA 98032 Barghausen Consulting Engineers, Inc. Robert J. Armstrong, PE 18215 72nd Avenue South Kent,.WA 98032 . Delores Ross 361076111 Ave. SW Federal Way, WA 98023 708 SW 357111 St. FederalWay, WA 98023 35530 6111 Ave. SW Federal Way, WA 98023 366196111 Ave. SW Federal Way, WA 98023 36607 9111 Ave. SW Federal Way, WA 98023 35817 10" Ave. SW Federal Way, WA 98023 3581610111 Ave. SW Federal Way, WA 98023 P.O. Box 1157 Tacoma, WA 98401 16300 Christensen Rd. #350 Tukwilà, WA 98188 36404 6'" Ave. SW Federal Way, WA 98023 30240 27111 Ave. S. Federal Way, WA 98023 32015 is' Ave. S. Federal Way, WA 98003 356156111 Ave. SW Federal Way, WA 98023 P.O. Box 130 Bellevue, WA 98009 11730118111 Ave. NE #600 Kirkland, WA 98034 City of Federal Way c/o Chris Green 33530 1st Way S. Federal Way, WA 98003 16 EXHIBIT 7r PAGE~OF ;2,1 (253) 661-4000 FEDERAL WAy' WA 98003-6210 TO: CLARIFICATION OF DECISION FROM: DATE: RE: CLARIFICATION OF DECISION REGARDING PRELIMINARY PLAT OF SILVERWOOD, FWHE#OO-12; SUB 98-0006 On October 9,2000, the Examiner issued a decision recommending approval of the preliminary plat ofSilverwood. Condition l-D requires the off site Bellacarino Tract A or other over-excavation to accommodate the additional runoff from the "Rosewood" development. However, Condition l-D was intended to address the additional runoff volume trom the "Silverwood" development; and, therefore the word "Silverwood" is substituted for the word "Rosewood". The decision recommending approval of the preliminary plat of Rosewood Lane includes a condition requiring that the Bellacarino Tract A or other over-excavation accommodate the additional runoff volume from the "Rosewood" development. The staff report for SiIverwood recommended imposition of a Condition "7" which-was not included within the recommended conditions of approval in the Decision recommending approval of the preliminary plat ofSilverwood. This condition was not discussed by any witnesses at the public hearing and was not an issue. Therefore, Condition "7" in the staff report is hereby added to the conditions of approval to the Silverwood preliminary plat as follows: 7. Lot 54 shall be reconfigured on the Final Plat map to attach the long narrow strip ofIand presently identified as part ofIot 54 to the adjacent Tract D. SKC/jc cc: All parties of record (]E<~~-¡1~«, ' /') ~ ~ 11- ',EXHIBIT OF~! PAGE.-£L - MEETING DATE: December 18,2001 ITEM# Z~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Rosewood Lane Final Plat, File No. 01-103103-00-SU ----- CATEGORY: BUDGET IMPACT: t8J CONSENT ¡g¡ RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $none ------ ATTACHMENTS: November 28,2001 staff report with attachments to City CounciJ/Land Use Transportation Committee, including draft Final Plat Resolution. --------- SUMMARYIBACKGROUND: The applicant has submitted a request for final plat approval for the 9-lot Rosewood Lane residential subdivision. The preliminary plat was originally approved by the Federal Way City Council on Tovember 21,2000. The City Council Land Use/Transportation Committee (LUTe) reviewed the final plat request at .¡eir December 3, 2001 meeting. -------------- ----- CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend approval of the final plat application to the full City Council. ------- PROPOSED MOTION: "1 move approval of the resolution approving the final plat of Rosewood Lane." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # ,EVISED - 05/10/2001 J MEMORANDUM DATE: November 28, 2001 SUBJECT: Dean McColgan, Chair Land Use and Transportation Committee Jim Harris, Senior Plan~ David M~nager Rosewood Lane Final Plat Application Federal Way File #Ol-lO3103-00-SU ! TO: FROM: VIA: I. SUMMARY OF ApPLICA TlON/EXHIBITS This application requests final plat approval for Rosewood Lane, a subdivision of nine single-family lots on 4.7 acres. Preliminary plat approval for the nine lot residential subdivision was granted by the Federal Way City Council on November 21, 2000. The Rosewood Lane subdivision is located along the west side of 6th Avenue SW in the 36100 block. Zoning for the site at the time of application was Residential Single-Family (RS 15.0). Pursuant to Federal Way City Code (FWCC) Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20- 136(b), are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria. The following exhibits are included with this memorandum: Exhibit A, Vicinity Map; Exhibit B, Final Plat Map; Exhibit C, Resolution; and Exhibit D, Staff Report (with attachments). II. REASON FOR COUNCIL ACTION The final decision for all final plats rest with the City Council in accordance with FWCC Section 20- 136(b). Bringing this matter before the City Council Land Userrransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. III. STAFF RECOMMENDATION The Land Userrransportation Committee recommend to the City Council approval of the Rosewood Lane Final Plat Resolution. Ðo<.lD.I1'" I City of t;:ederal Way I I Rosewood Lane and Silverwood Preliminary Plat Applications Map Date: July 27, 2000 C~o!federa!Way, ~de~W~~A ~6oo3 (2531661-4000. This map Is Intended!or lISe as a g:~.f.~~~~::::'~oY' The warnnty as to ns accuracy. legend: it City limits 0 Right of Way" ~ Rosewood lane Subdivision ~ Silverwood Subdivision IÐ SW 363rd Open Space I!I!IiI Bellacarino Tract A Detention Pond "Not all right of way is developed Vicinity Map Scale: 1 to 6240 1 Inch equals 520 Feet 0 500 Feet 1rJI~ : 0 L",", EXHIBIT~ PAGE~O~ N C!] ....oIm"""""""".ml """"""'>-"-<>, ""-0>-""0>-00-"'--- RECORDING CERTIFICATE, -"" """'......._...",.r_.... -...-, "'-.'-- ...--...-.---..... ....-----..._- ...... .. ...... .. ..,... 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PAGE~ .3 / -_"'!~~~- h ".. ..... Î Barghausen Of ~~~~*e~l~ ~ ~ =- -,,\,",- rK ~-- ¡ i NWlI. Of SE1I4, see. 30, T211¡'¡14E, W,II. ~ SHEET 1 OF 3 ...... --- ROSEWOOD LANE A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY. WASHINGTON < DESCf<IPTIOH ..""""""'".."""""'......,,.. """""'...... "..,..",..........,,""""'" """""""""'-""'.'.',,"""""".- !>OO't .. "" JO FEET "" .... DED4CATION "".........""""""""""'.....-..""',,"""'.."""""',,"'"' """"'...... """""""""""'... """"""'-""'.. """'"....",... ."""""""""""~_..""', """"""LU:" ,.....................".."", ~=.:.- """'" ~ ACKHOWl£DGMEIIIS ~""="",, ¡" I ~"""="",, ¡~"='='~~D ."...._~"""",,- :::....... ~""""",,"..""~~"';'i:: _. .... ""_00 "- "". """" """" . .. "" "" "", " ......... ...... " ...... ... -"""" PlAT NOTES ..., RESTRICIIONS, ,. """'.. ""'" " """"""'" " "" om - "" - """-<>Iff """ """"'" ""_............ ,,"""".."" 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""""""""""'"' """" "" """"""'.. """"'" ""'".... ....... """"""""""""'........"""""""""'"""""""""""',,"'..... . """"""""""""'" ""'...... "'-"'-œ<I. ."""""""","""'_1'<""",'."""""""""""",,- """,om"""", """"""""¥""'0NmD..."""""""""",,,.-m'lOŒ""". """om"""'" :::J:::~::.~~m~~""'.-m'lOŒ""". """""""""" , """""""" """"""""""""""""""""""'.""""""""" ."".w.,.-......."..,.""""""""""""",_...tA"'~~"'- EXHIBIT PAGE~OF .3 __"""'" ... , - "-0"""""'" -- Barghausen Consultln!! E'!glneers,lnc. :.:t.:"".:..::""t...'7"":=-- øI"""'" ... øI""'" ROSEWOOD LANE A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN ~ CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON SW 360th -::7¡STR~~T- ¡ \ I , I , I I : / JI' ~: JI' ¡--- ¡ /: ~ /: I ' i!: I : '" / : I , I I I , I I I I I , I 1@ : I I I I I : j I I I -----------------------------~-------------------------------- '"'"""" ' .. -I- f : --"""""'...... co @@ 0 ~ ~f--""""'" ~ 85 . :~ @II m ...' ". ---,¡,~- ~ .. ",...' @~ : , I -----1 - I , I @1 : I I ----..J I @o : I , I ; ~~ ......,".5O' ...... "'" "HH> fU , - OH..'O>-OO-"'- -- ,..~' 9 '1' """""'62S.J,' ,..~' ""-- ~ ~ ¡¡ ",.'" . ~ . ~ ~ ¡¡ 8 ~ ¡¡ 7 -", 6 """", "-"",,. _ë- "'OJ' == <n w ffil >' -< t; SW 361ST STREET ......m...", ""'" 10 - "'-"'~ . ~ ~ ¡¡ i I ~ ~ ~ ~ ~ § 2 """". 3 4 ....", ;;: ¡¡ 5 '....". ",.... ....t "'... ,"-'" :.:?u\;m; lfGOO & __"""""'- . .."......~_...._. .."'...........""""'" 8 "'......~....""'............. ,"",,(m"""'._"""'¡ . ",>/,'......,................ ......... .. ..... "'" ...... ... ... < "'" . '" ........................""'. .. """""""............""""""""'. ",_fŒI ... ""' . .", a ~3 1 Barghausen í Consultinl! E,!glneers,lno. I ~~..::""'I'..."7'"=-- - Ø) 25""" '"' ( 25'-- NEV4 OF SWU4, SEC, 30, T21N-Ð4E, W.II. ~ SHEET 3 OF 3 RESOLUTION NO.- DRAFT (7-jil / ð I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF ROSEWOOD LANE, FEDERAL WAY FILE NO. 01-103103-00-SU. WHEREAS, the preliminary plat for Rosewood Lane, City of Federal Way File No. SOO98-0004 (98- I 03356-00-SU), was approved subject to conditions on November21, 2000, by Federal Way ResolutionNo. 00-330; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 00-330 and in the October 9, 2000, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant submitted the application for final plat for Rosewood Lane within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its confonnance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the November 28, 2001, Staff Report; and WHEREAS, the City Council Land Useffransportation Committee considered the application for the Rosewood Lane final plat at its December 3, 2001, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Rosewood Lane during the Council's December 18,2001, meeting; Now TIJEREFORE, TIJE CITY COUNCIL OF TIJE CITY OF FEDERAL WAY HEREBYRESOL VESAS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Rosewood Lane, City of Federal Way File No. 01-1O31O3-00-SU, is in substantial confonnance to the preliminary plat and is in confonnance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. EXHIBIT PAGE~~ c ~ Res. #_, Page I 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 00-330, and the conditions in the October 9, 2000, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/ or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignmentof funds have been accepted as guaranty for completion and maintenance of all required plat improvements,as identified in the November 28,2001, Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I above, the final plat of Rosewood Lane, City of Federal Way File No 01-103103-00-SU, is approved subject to satisfaction of compliance with plat conditions identified in the staff report and as required by applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Res. # ------' Page 2 EXHIBIT C PAGE ""~7020F ~ Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_DAY OF ,2001. CITY OF FEDERAL WAY MAYOR, MIIŒPARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: EXHIBIT c. PAGE ","~J7oDF "=3 Res. # -, Page 3 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval ROSEWOOD LANE FINAL PLAT Federal Way File No. Ol-lO13103-00-SU I RECOMMENDATIOn City of Federal Way staffhas reviewed the final plat of Rosewood Lane for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II INTRODUCTION Date: Request: Description: Owner: Engineer: Location: November 28, 2001 Request for final plat approval for Rosewood Lane Subdivision Rosewood Lane is a proposed subdivision including nine single-family lots on approximately 4.7 acres. The nine lot Rosewood Lane Preliminary Plat was granted approval by the Federal Way City Council on November 21, 2000, per City Council Resolution 00-330. Access to Rosewood Lane is via 6th Avenue SW, south of 356th Street. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements have been constructed or financially guaranteed. Novastar Development Inc. 18215 nm! Avenue South Kent, WA 98032 425-251-6110 Barghausen Consulting Engineers Inc. 18215 nnd Avenue South Kent, WA 98032 425-251-6222 Along the west side of 6th Avenue SWat the 36100 block; in Section 30, Township 21 North, Range 4 East, W.M, King County (Exhibit A - Vicinity Map). EXHIBIT 'V PAGE.-L-OF 8 Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County District No. 39 School District: Federal Way Public Schools, No. 210 Report Prepared By: Jim Harris, Senior Planner III HISTORY AND BACKGROUND Rosewood Lane is a proposed subdivision including nine single-family lots on approximately 4.7 acres (Exhibit B - Final Plat Map). The nine lot Rosewood Lane Preliminary Plat was granted approval by the Federal Way City Council on November 21, 2000, per Resolution 00-330 (Exhibit I - Preliminary Plat Map and Exhibit II - Resolution 00-330). The application for final plat approval was submitted on August 8, 200 I. A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Rosewood Lane is attached (Exhibit C - Rosewood Lane Final Plat Resolution). Zoning for the 4.7 acre site is RS 15.0, requiring a minimum lot size of 15,000 square feet. Lot sizes on the Rosewood Lane final plat range from 18,035 square feet to 20,351 square feet, with the average size being approximately 19,107 square feet. The developer applied for final plat approval on August 8, 2001. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: I) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the Rosewood Lane final plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC Section 20-135. Rosewood Lane Final Plat Request for Final Plat Approval Staff Report EXHIBIT 1) PAGE-LOF S> 01-103103-00-80 I Do<1D""" Page 2 IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval and SEP A conditions in the same order referenced in Federal Way City Council Resolution 00-330 and the SErA Mitigated Detennination of Non significance, respectively. Required improvements have been substantially completed or financially secured as allowed by FWCC Section 20-135. 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. A. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. Staff Response: This condition has been met. A Technical Infonnation Report, drainage plans, and roadway plans were reviewed by the City of Federal Way and approved on May 21, 2001. B. If the runoff control facilities are constructed on-site, and the plat layout revised, they shall be located in a separate tract, landscaped to allow for maintenance, and dedicated to the City. Locating the drainage on-site may require re-review of the preliminary plat application, and may trigger a new preliminary plat application. Staff Response: This condition has been met. Stonn drainage runoff facilities were constructed as contemplated on the preliminary plat, which includes conveyance improvements on-site. Detention and water quality treatment are provided in the adjacent Silverwood project. A combined water quality and infiltration pond is located on Tract A within Silverwood, which is being dedicated to the City of Federal Way on the Silverwood final plat map and through a statutory warranty deed that will be recorded with the plat. A landscaping plan for Silverwood Tract A was reviewed and approved with the construction plans. As allowed under FWCC Section 20-135, the applicant has hydroseeded the tracts and provided a financial guarantee assuring the completion of the landscape improvements within six months of final plat approval. C. Stonnwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue SW and SW 360'h Street shall be retro fitted to provide water quality in accordance with FWCC. EXHIBIT <j) PAGE--2-0F S Rosewood Lane Final Plat Request for Final Plat Approval Staff Report 01-1031O3-oo-S0 / 00<10"6996 Page 3 Staff Response: This condition has been met. A wet pond provides water quality for pollution-generating impervious areas within the plat. A coalescing plate oil/water separator has been provided for runoff from SW 360th Street and gthAvenue SW. D. The off-site Bellacarino Tract A over-excavation shall be designed and constructed in accordance with the KCSWDM to accommodate the additional runoff volume from the Rosewood Lane development. Staff Response: This condition has been met. The applicant chose to make modifications to Bellacarino Tract A. The over-excavation, which includes additional volume for runoff from Rosewood Lane, was reviewed by City staff and approved on May 21, 2001. These improvements have been completed. In addition, the applicant has designed the Silverwood Pond to infiltrate up to the 100-year storm. Any additional storm runoff will flow to the Bellacarino Pond through an overflow system down gth Avenue SW and across SW 356th Street. E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract A storm drainage pond and/or water quality facilities to accommodate the Rosewood Lane preliminary plat. Staff Response: This condition has been met. The applicant voluntarily designed and constructed the Silverwood storm drainage pond to accommodate stonn drainage from Rosewood Lane. F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black, vinyl-coated) Type 1, and landscaped. Staff Response: This condition has been met. The six-foot black, vinyl-coated chain link fence and landscaping has been installed. 2. The applicant shall be required to construct all stonn drainage improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during engineering plan review, as required by the Public Works Director. Engineering approval shall not be granted if it is detennined that proposed mitigation is not adequate to address the impacts of the project. Staff Response: This condition has been met. Plans for off site conveyance were reviewed and approved. Conveyance facilities have been installed in gth Avenue SW and SW 356th Street rights-of-way. 3. Prior to issuance of construction pennits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: Rosewood Lane Final Plat Request for Final Plat Approval Staff Report EXHIBIT 'Ù PAGE~OF 8 OI-IO31O3-OO-SU I 00<10""" Page 4 A. Street trees in right-of-way landscape planter strips; and Staff Response: This condition has been met. A landscape plan for right-of-way landscape planter strips was approved by the Public Works Departnient in conjunction with review and approval of the engineering plans. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of these landscaping improvements within six months of final plat approval. B. Tree preservation plan. Staff Response: This condition has been met. A tree preservation plan (in the form of a clearing and grading limits plan) consistent with the preliminary plat approval was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. The applicant has complied with the approved clearing limits during the plat infrastructure construction phase. Clearing of individual lots will occur in conjunction with construction of homes on each of the individual lots. 4. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: A. Sixth Avenue SW along the frontage of the project shall be improved as a Minor Collector, half-street improvement. Improvements can be accommodated within the existing 60-foot right-of-way. The existing pavement shall be extended to provide 18 feet of width from the existing centerline of right-of-way, and improved with a vertical curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk and appropriate transitioning tapers at each end. Staff Response: This condition has been met and bonded. Improvements to 6th Avenue SW have been completed as required, with the exception of streetlights and street trees. As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of these improvements within six months offmal plat approval. B. SW 361" Street shall be improved as a local street, which includes 52-foot wide right of way and 28-foot pavement width. Vertical curb and gutter, four-foot planter strips, and five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and street trees shall also be provided. Staff Response: This condition has been met and bonded. Improvements have been installed, with the exception of streetlights and street trees. The right-of-way will be dedicated on the face of the plat and by statutory warranty deed recorded with the plat. Rosewood Lane Final Plat Request for Final Plat Approval Staff Report EXHIBIT 1) PAGE 6 OF 2 OI-IO3103-OQ-SU I """IDOI.996 Page 5 v As allowed under FWCC Section 20-135, the applicant has provided a financial guarantee assuring the completion of the streetlights and street trees within six months of final plat approval. C. All streets shall have a minimwn pavement section of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. Staff Response: This condition has been met. All offsite paving is complete. On site, the base and first asphalt lift has been completed. The final asphalt lift is being delayed to reduce wear and tear due to home construction activity. The applicant has provided a financial guarantee assuring the completion of the final asphalt lift within six months of [mal plat approval. 5. Clearing for the construction of the plat improvements shall be generally consistent with the clearing limits depicted on the Preliminary Utility, Clearing and Grading, Sheet 2 of2, that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road and utility installation and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. Any clearing and grading necessary for lot development will be done at the time of house construction on the lots. Staff Response: This condition has been met through the plat inftastructure construction phase. Clearing of individual lots will occur in conjunction with construction of homes on each of the individual lots. SEPA CONDITIONS 1. Due to the downstream natural closed depression this project drains to, clearing, grading, and street/utility work for the plat improvements will not be pennitted ITom October 31 to March 30, unless approved in writing by the Public Works Director. Staff Response: This condition was met. Clearing, grading, street construction, and utility trenching were all completed prior to October 31, 2001. Finish work, including trench backfill, asphalt paving, and concrete construction, continued past the October 31 deadline; however, these items served to further stabilize the site and did not create new erosion concerns. 2. Prior to final plat approval, 6th Avenue SW off-site between SW 356th and SW 361 ~ Streets shall be improved to provide pedestrian access to lllahee Junior High. Road improvements required within the existing 60-foot wide right-of-way shall include two l2-foot wide lanes and a five-foot-wide asphalt shoulder as required by the Public Works Director. Rosewood Lane Final Plat Request for Final Plat Approval Staff Report EXHIBIT (j) PAGE---LOF $> OI-IO3103-00-SU I ""ID"- Page 6 Staff Response: This condition has been met. The improvements have been installed. VI DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: I. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEP A mitigation have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met and/or financially guaranteed. The plat meets the zoning standards for the RS 15.0 zoning district. As provided in FWCC Section 20-135, performance and maintenance bonds are in place for the entire plat and off-site improvements. In addition, a performance bond is in place for any incomplete items as described in Sections IV and V above. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed to be completed within six months of final plat approval. All life safety improvements have been completed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school; open space preservation; drainage system installation; water system installation; sewer system installation; and street improvements. EXHIBIT 'J) PAGE~OF 8 Rosewood Lane Final Plat Request for Final Plat Approval Staff Report OI-IO31O3-00-SU I ""'JDIl<'" Page 7 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and stonn drainage improvements for Rosewood Lane have been constructed and/or fmancially guaranteed. In addition, all water and sewer lines have been installed and approved by Lakehaven Utility District as identified in the November 16, 200 I, letter of substantial completion from Lakehaven Utility District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staffhas detennined that the application for final plat approval for Rosewood Lane meets all platting requirements ofRCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financial guarantees have been provided to assure completion of plat conditions within six months of final plat approval as allowed by FWCC Section 20-135. The project has been developed in confonnance with Resolution 00-330. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII EXHIBITS Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit V 8Y. x II Reduced Copy of Approved Rosewood Lane Preliminary Plat Resolution 00-330 - November 21,2000, City of Federal Way Preliminary Plat Approval of Rosewood Lane 8Y. x II Reduced Copy of Rosewood Lane Final Plat Map (This exhibit is not included in all copies of staff report. See Exhibit B of LUTC November 28,2001, Summary Memorandum) Vicinity Map for Rosewood Lane (This exhibit is not included in all copies of staff report. See Exhibit A of LUTC November 28,2001, Summary Memorandum) Final Plat Resolution of the City of Federal Way, Washington, Approving the Rosewood Lane Final Plat (This exhibit is not included in all copies of staff report. See Exhibit C of LUTC November 28, 2001, Summary Memorandum) Ex;..nBIT 1) PAGE-LOF ff Rosewood Lane Final Plat Request for Final Plat Approval Staff Report OI-1O31O3-OO-SU I ""'10""" Page 8 3<V1 OOOM3SOIJ ""l'tld- ~~~ --.;,,-"- ,...~ ::; ~ ui ~ - ~~- L ",\1 JW~~ -21\0" <1:~i~ ~...J°I !LO>-- >- 0 g ~Oi~ ~~-~-~-;i--- :J o,;g '\ :J:! a: i~ "-. L ~§ r nmn- ;;j I I ! :~JI ----. -_n- n- ""'. 0119-10' (Ç'V> =so NOl!:JNJ<SVM 'lN3> HlOOS 3I1N3AV ""'L ""'" ":>N lN3V<dO13/OO ""lEV""" "'£0 c ~--- "" ~1 :::cw ><~ Wa; .. 'IB II Jilin HI t' ;;lb!dH " ----- --- -~.~--_:/:_. ~ .-.--~-~â~-_--.. , pr! 'it ¡ " I. '1- '1. !!! IJhl IJß! I ¡¡¡ ¡ii! Ì¡¡rl ~ ! ð ~ ~ I i I~I :1 <., ~ í¡: i ~ :I¡ I ¡ I! II ¡ ~~; ! )~~rl: !iii~t1i@ ,I , "ï !,' 'I I ;I'll ¡, P ÌI! i Ìi II! ~~ ~ 1!I¡¡mlm,,! ;; ~ ~:¡ ; ii i ! ;¡II i I , ,! I,';;' U~~¡ ¡ ! ;11 ! ..¡ "lIii .., is.. !!:iu ¡!!illldii Ii ¡;¡i!!! ¡I\I , . :';, i I I i ¡" '_m- -n--nn_- -- ';,1 I ",". RESOLUTION NO. 00-330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF ROSEWOOD LANE, FEDERAL WAY FILE NO. SOO98-ooo4. WHEREAS, the applicant Novaslar Development Inc., applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Rosewood Lane and consisting of 4.71 acres into nine (9) single family residential lots located along the west side of6" Avenue SW at approximately the 3610 Block; and WHEREAS, on February 17, 2000, an Environmental Mitigated Detennination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, on March 17, 2000, Charles Connon and Bernard Mottersheadfiled an appeal of the SEP A environmental mitigated detennination of nonsignificance; and WHEREAS, on March 20, 2000, Michael Gendler on behalf of Roy Parke filed an appeal of the SEP A environmental mitigated detennination of nonsignificance; and WHEREAS, on September 20, 2000, Michael Gendler on behalf of Roy Parke withdrew the appeal of the SEP A environmental mitigated detennination of nonsignificance; and WHEREAS, pursuant to Federal Way City Code Section 20-115, the SEPA appeal hearing and preliminary plat application open record hearing shall be held simultaneously; and WHEREAS, at the applicants request, the Federal Way Land Use Hearing Examiner on August 4, 2000, continued the public hearing until September 25,2000, concerning the Rosewood Lane preliminary plat and the SEPA appeal; and RE!PO-3~~AGE I EXHIBIT 11: PAGE---L-OF J.5- (C(Q)[Pl( WHEREAS, following the conclusion of said hearing on October 9, 2000, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing fmdings, conclusions and recommending approval of the preliminary plat of Rosewood Lane subject to conditions set forth therein; and WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way Hearing Examiner issued a written Report and Decision containingfmdings and conclusions denying the SEPA environmental appeal of Charles COIllon and Bernard Mottershead; and WHEREAS, no appeal of the Hearing Examiner decision on the SEP A environmental appeal was filed, and the SEP A appeal period expired on October 23, 2000, and . WHEREAS, the Federal Way City CoW1cil has jurisdiction and authority pursuant to Section 20- 127 of the Federal Way City Code to approve, deny, or modifY a preliminary plat and/or its conditions; and WHEREAS, on November 21, 2000, the City CoW1cil considered the written record and the Report and Recommendation of the Hearing Examiner on the Rosewood Lane preliminary plat, pursuant to Chapter 20 ofFederal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; Now THEREFORE, THE CrTYCOUNCIL OF THE CrTY OF FEDERAL WAY, WASHlNGTON,DoES HEREBY RESOLVE As FOLLOWS: Section I. Adootion of Findings of Fact and Conclusions. I. The fmdings of fact and conclusions of the Land Use Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by t/ùs reference, are hereby adopted as the findings and conclusions of the Federal Way City CoW1cil. Any fmding deemed to be a conclusion, and any conclusion deemed to be a fmding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing 100-330 RES #_, PAGE 2 EXHIBIT JT PAGE-LOF ß- Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as arc required by City Code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Rosewood Lane, Federal Way File No. SUB98-0004 is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examinerdatcd October 9, 2000 (Exhibit A) Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat arc all integral to each other with respect to the City Council rIDding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subjcctmattcr declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as arc necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable Cityordinanccs, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality REstoo- 3,:w..GE 3 EXHIBIT § PAGE----::LOF K>~ shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the rcsolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Fcderal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIs l.lDAY OF November .2000. CITY OF FEDERAL WAY ~./2~ MAYOR,MnŒP / )7 ~Œl~ ' CIT,=.N.C~G~ ApPROVED As To FORM: ~t.~ ~ITY ATTORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: 11/15/00 PASSED BY THE CITY COUNCIL: 11/21/00 RESOLUTION No.OO- 330 LICSDC\DOCSlSAVE\9I76"I'.DOC 100-330 RES #_, PAGE 4 EXHIBIT .7l: PAGE~OF Þ ) ) PRELIMINARY PLAT OF ROSEWOOD LANE) ) ) ) ) CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MAlTER OF: PROCESS IV FWHE# 00-12 SUB98-0004 I. SUMMARY OF APPLICATION The applicant requests preliminary plat approval to allow a 9 lot residential lot cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, Subdivisions; and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: September 25, 2000 October 9,2000 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. Jim Harris, Senior Planner, City of Federal Way Cary Roe, Director of Public Works, City of Federal Way Bob Sterbank, Deputy City Attorney, City of Federal Way Tom Barghausen, applicant, Nova Star Development, Inc., 182157200 Ave. South, Kent, WA 98032 5. Teny Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401 6. Charles Connon, appellant, 35530 6110 Ave. SW, Federal Way, WA 98023 7. Bernard Mottershead, appellant, 708 SW 357111 St., FederalWay, WA 98023 8. Ronald Lilley, 356156111 Ave. SW, Federal Way, WA 98023 9. Patricia Owen, 926 SW 356110 St., Federal Way, WA 98023 1 EXHIBIT 7E PAGE~OF -<:>-.: 10. 11. Michael Rutter, 36619 6"' Ave. SW, Federal Way, WA 98023 David Moore, 3581710"' Ave. SW, Federal Way, WA 98023 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Staff Report with all attachments Rosewood L?ne Staff Report and attachments Environmental Appeals Power Point Presentation Letter from John Davis Letter from Alma Bennett Revised conditions Letter from Ray Parke withdrawing appeal HSPF Analysis dated 8-3-00 (revision) Poster board of SW 356"' storm water facility Teny Brink's Letter Memorandum 12. Letter from David Kaplan 13. Drawings for Silverwood submitted by Teny Brink 14. Drawings for Rosewood Land submitted by Teny Brink 15. Letter from Department of Fish and Wildlife dated December 2, 1999 16. Charles Connon's comments 17. Photos submitted by Barghausen Engineering 18. Wide angle photo submitted by Bernard Mottershed 2 EXHIBIT JJ: PAGE.-£-OF /6 1. 2. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Large photos submitted by Barghausen Engineering Petition submitted by Michael Rutter Bernard Mottershead's supplemental submission Exhibit showing pipe under 356'" St. Document - Affidavit of Distribution Sign Installation Certificate Document Affidavit - September Page 1-57 of the 1998 Surface Water Manual Page 1-35 of the 1998 Surface Water Manual Public Notice (yellow sheet) published on City Hall doors III. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development StaffHeport sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. 4. A Mitigated Environmental Detennination of Nonsignificance (MONS) was issued by the City of Federal Way for the proposed action on February 17, 2000. This detennination was based on review of infonnation in the project file, including the environmental checklist and final staff evaluation of the SEP A checklist, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment, provided the applicant complies with the mitigation measures in the MONS. The City received two timely appeals of the SEPA MONS. Pursuant to FWCC Section 20-115, the SEPA appeal heañng and preliminary plat application were held simultaneously. . All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). While the environmental appellants challenged the notice, exhibits in the record establish that the City proper1y published, posted, 3 EXHIBIT Jr PAGE-L-OF /Q- 5. 6. and mailed notice of the hearing originally scheduled in August in the month of July. Following the Examiner's continuance of the hearing based upon the applicant's request, the City posted a notice on the doors of City Hall advising of the continuance and setting forth the new hearing date and time. The City also mailed a new notice of the time and date of hearing to all property owners within 300 feet of the site and to parties of record. The applicant has a possessory ownership interest in a rectangular, 4.71 acre parcel of property abutting the west side of 6'" Ave. SW, south of its intersection with S. 356'" St. within the City of Federal Way. The parcel abuts 6'" Ave. for a distance of 328 feet and is 625 feet in depth. The applicant requests preliminary plat approval to allow subdivision oUhe site into nine single family residential lots with a minimum lot size of 17,955 square feet, a maximum lot size of 20,471 square feet, and an average lot size of 19,124 square feet. Access to all lots will be provided by a new road extending between 6'" Ave. and the west property line. The road will be extended west into the proposed preliminary plat of Silverwood. The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan which designates the site and parcels to the north, south, and east as Medium Density Single Family. The comprehensive plan designates parcels to the west as Single Family High Density. Surrounding uses include vacant parcels and single family dwellings on larger lots. 7. The applicant submitted an application for preliminary plat approval on October 6, 1998, and the City deemed the application complete on November 3, 1998. 8. While environmental appeals were filed challenging the issuance of the MONS for Rosewood Lane, and while significant stonn water issues were raised, the concems were directed to the much larger Silverwood plat to the west and are discussed more thoroughly in the report and decision addressing said plat. 9. Conditions of approval require the applicant to construct stonn drainage facilities in accordance with the 1998 King County Surfacewater Design Manual (KCSWDM) and City's amendments thereto. The City Public Works Department has reviewed the applicant's preliminary stonn drainage Technicallnfonnation Report (fIR)which proposes to collect and convey water through a series of pipes and catch basins into a storm water facility located at the northeast corner of the Silverwood plat. Storm water will discharge from said pond through a natural drainage swale to a closed depression located in Tract A of the BeJlacarino Woods subdivisior.. The applicant has obtained permission from the owner of Tract A to overexcavate the pond to accommodate the Rosewood Lane storm drainage. The applicant has acquired property adjacent to Tract A and may also excavate said property to accommodate the increased storm water runoff from both Silverwood and 4 EXHIBIT :iT PAGE~OF A.:J 10. 11. 12. Rosewood Lane. The Alderwood gravelly sandy loam soils underlying the site are capable of supporting urban development and exhibit slow runoff and slight erosion hazards. The topography of the site includes a minor rise from north to south, but no steep slopes or other geologically hazardous areas. The heavily wooded site supports primarily second growth forest consisting of conifer and broad leaf trees with a dense understory of native shrubs. The applicant proposes to clear vegetation necessary to allow road and utility construction. Terra Associates, Inc., a qualified wetlands expert, detennined that wetlands do not exist on the site or:within 100 feet of the site, and the City's wetland consultant agreed with the reports. Terra Associates, Inc., also conducted a series of wildlife and habitat evaluations and detennined that no priority wildlife species reside on the site. The State Department of Fish and Wildlife (DFW) Priority Habitat and Species Map shows no record of threatened, endangered, or sensitive species of wildlife within two miles of the site. However, concerns were raised by a nearby property owner regarding the possibility of a red tailed hawk nest on the site and the elimination of its foraging area. DFW responded to the concern in a letter dated December 2, 1999, (Exhibit "15") pointing out that the red tailed hawk is not a recognized priority species and that the active nest is on neither the Rosewood Lane or Silverwood parcels. The City and the applicant also determined that if endangered salmon are present in the Hylebos watershed, the development of Rosewood Lane will not create adverse impacts. The preliminary plat map reflects no open space tracts and the applicant has proposed to pay a fee in lieu of providing an on-site recreation area in accordance with the requirements of the FWCC. 13. The applicant will provide full street improvements for the internal plat road which will bisect the site from east to west and provide access to the Silverwood plat. Street improvements will include five foot wide sidewalks on both sides of the street, curbs, gutters, landscaping, and streetlights, all within a 52 foot wide right-of-way. The applicant will also make half street improvements along 6" Ave. across the plat frontage, and provide a walking path and two, 12 foot wide travel lanes from the internal plat road to SW 356" St. 14. School aged children residing in the plat will attend Enterprise Elementary, IIlahee Junior High, and Federal Way High School. The Federal Way School District will bus elementary and senior high school students from the development, but junior high students will walk to lIIahee Junior High. On-site sidewalks and off-site shoulder improvements to 6" Ave. will ensure safe walking conditions for students from the plat to school. The applicant must comply with the City School Impact Fee 5 EXHIBIT '4 PAGE~OF C 15. 16. 17. 18. Ordinance and make a per lot payment of $2,383 to the district. Parks and open spaces in the area include the City's undeveloped SW 363rd open space park which includes a wetland and is intended for passive recreation. The proposed BP A Phase 3 recreational trail is approximately one-half to three-quarters of a mile north and west of the site. As previously found, the applicant will pay a fee in lieu of providing on-site open space. The lakehaven Utility District will provide both potable water and fire flow to the site as evidenced by a September 3, 1998, certificate of water availability. The water system will loop through the proposed adjacent SilvelWood plat and will be extended pursuant to a developer extension agreement. The lakehaven Utility District has also issuèd a certificate of sewer availability and sanitary sewers will be extended to the site in accordance with a developer extension agreement. The applicant will extend sewer lines from 356'" St. to the Rosewood lane and SilvelWood plats. Prior to obtaining preliminary plat approval the applicant must show that the request satisfies the decisional criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: A. B. As previously found, the applicant has shown that the proposed plat complies with the City comprehensive plan which designates the site as Medium Density Single Family. The project complies with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. Such includes Chapter 18, Environmental policý; Chapter 20, Subdivision; and Chapter 22, Zoning. Future development of the site must comply with all applicable development codes and regulations. Compliance with recommended conditions of approval imposed hereinafter will ensure compliance with all provisions of the FWCC. C. The project is consistent with the public health, safety, and welfare. The applicant proposes a use consistent with both the comprehensive plan and the zone classification. D. The plat complies will all design criteria set forth in Section 20-2 FWCC to include safe and convenient travel on streets, provisions for housing needs of the community, and the payment of a fee in lieu of open space. E. As conditioned, project complies with all development standards listed in 6 EXHIBIT :JJ: PAGE..Æ-OF 16- Sections 20-151 through 157 and 20-158 through 187 FWCC. 19. Concerns regarding development of the plat itself and its storm water facilities will be addressed prior to final plat approval and the construction of homes. The Washington Court of Appeals in T oppinq v. Pierce County Board of Commissioners, 29 Wn. App 781 (1981), described a preliminary plat as follows: The purpose of a preliminary plat is to secure approval of the general "design" of a proposed subdivision and to determine whether the public use and interest will be served by the platting. Although the. Planning Department must detellTline... whether water supplies [and] sanitary waste disposal...are currently available or whether provisions must be made for the addition of such services, see RCW 58.17.110, compliance with specific health regulations applicable to a completed development is not required for approval of a preliminary plat. Essentially, the preliminary plat supplies information not specified by regulation or ordinance. Matters which are specified by regulation or ordinance need not be considered unless conditions or infillTlities appear or exist which would preclude any possibility of approval of the plat. 29 Wn. App. 781 at 783. The Toppinq case was recently cited with approval in the unpublished Court of Appeals case of Larqent et at v. Klickitat. In Haas et at v. Clark Countv Division II ofthe Court of Appeals in an unpublished opinion dated January 22, 1999, discussed preliminary plat approval as follows: RCW 58.17.020(4) provides that a "preliminary plat" "is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision". In contrast, a "final plat" "is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopt'3d under this chapter"...Furthermore, both the statute and the code contemplate conditional approval, which suggests that if a requirement is not fully satisfied at the time of preliminary approval, then meeting this requirement may be made a condition of final approvaL.and we have previously held that the approving authority is empowered to condition approval of the plat 7 EXHIBIT ::;¡: PAGE-LOF ø- upon compliance with RCW 58.17.110...Conditional approval serves the goal of compliance with the statutory scheme and the county code requirements because it requires the developer to satisfy those requirements before final approvaL.. In the present case, the applicant has provided significantly more detail regarding its storm drainage system and other elements of the plat than is normally provided at the preliminary plat stage. While more information will be required prior to approval of a final storm drainage plan to include a size of drainage facilities between the Silverwood and Bellacarino ponds, these issues will be addressed in accordance with City ordinances prior to final plat approval.. The applicant has more then satisfied the detail required for preliminary plat approval. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat of Rosewood Lane complies with the Federal Way Comprehensive Plan as well as the RS-15 zone classification. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision. and therefore should be approved subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. B. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. If the runoff control facilities are constructed on-site, and the plat layout revised, they shall be located in a separate tract, landscaped to allow for maintenance, and dedicated to the city. Locating the 8 EXHIBIT 'It" PAGE.--1iL°F )5- A. drainage on-site may require re-review of the preliminary plat application, and may trigger a new preliminary plat application. c. Stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue SWand SW 360u, Street shall be retro fitted to provide water quality in accordance with FWCC. D. The off-site Bellacarino Tract A or other over-excavation shall be designed and constructed in accordance with the KCSWDM to accol)lmodate the additional runoff volume from the Rosewood development. Alternatively, the applicant may utilize the City's proposed SW 356'" Regional Detention Facility, if established prior to the applicant's construction of Silverwood plat improvements and if use of the Regional Detention Facility is approved by the Public Works Director. E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract A stonn drainage pond and/or water quality facilities to accommodate the Rosewood Lane preliminary plat. F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black, vinyl-coated) Type 1, and landscaped. 2. The applicant shall be required to construct all stonn drainage improvements necessary to mitigate all identified conveyance problems that are impacted by the Rosewood Lane plat, whether existing at the time of preliminary plat approval or resulting from the plat's development as identified during engineering plan review, as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed mitigation is not adequate to address the impacts of the project. 3. Pñor to issuance of construction pennits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the city for approval, and shall include the following elements: A. Street trees in right-of-way landscape planter strip; and B. Tree preservation plan. 4. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: 9 EXHIBIT 7{ PAGE.-ß-°F f-j- A. 5. Sixth Avenue SW along the frontage of the project shall be improved as a Minor Collector, half-street improvement. Improvements can be accommodated within the existing 60 foot right-of-way. The existing pavement shall be extended to provide 18 feet of width from the existing centerline of right-of-way, and improved with a vertical curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk and appropriate transitioning tapers at each end. B. SW 361" Street shall be improved as a local street, which includes 52 foot wide right-of-way and 28 foot pavement width. Vertical curb and gutte'r; four-foot planter strips, and five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and street trees shall also be provided. C. All streets shall have a minimum pavement section of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. Clearing for the construction of the plat improvements shall be generally consistent with the clearing limits depicted on the Preliminary Utility, Clearing and Grading, Sheet 2 of 2, that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road and utility installation and may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. Any clearing and grading necessary for lot development will be done at the time of house construction on the lots. RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Rosewood Lane be approved subject to the conditions contained in the conclusions above. DATED THIS 10 E}{HBBIT 'ff PAGE---LLOF J5~ TRANSMITTED THIS C\ '\..... DAY OF October, 2000, to the following: APPLICANT: ENGINEER: OWNER: B.J. Mottershead Charles Connon Michael D. Rutter Linda Lorentzen David J. Moore Carol Stiles Terry Brink Larry Karpack Leonard Hills H. David Kaplan James Geluso Ron Lilley Skip Holman Kevin L. Jones Novastar Development, Inc. G. Wayne Potter 1821572'" Avenue South Kent, WA 98032 Barghausen Consulting Engineers, Inc. Robert J. Armstrong, PE 1821572'" Avenue South Kent, WA 98032 Delores Ross 36107 6th Ave. SW Federal Way, WA 98023 708 SW 357th St. Federal Way, WA 98023 35530 6th Ave. SW Federal Way, WA 98023 36619 6th Ave. SW Federal Way, WA 98023 36607 9th Ave. SW Federal Way, WA 98023 35817 10th Ave. SW Federal Way, WA 98023 3581610111 Ave. SW Federal Way, WA 98023 P.O. Box 1157 Tacoma, WA 98401 16300 Christensen Rd. #350 Tukwila, WA 98188 36404 6th Ave. SW Federal Way, WA 98023 30240 27th Ave. S. Federal Way, WA 98023 320151" Ave. S. Federal Way, WA 98003 356156111 Ave. SW Federal Way, WA 98023 P.O. Box 130 Bellevue, WA 98009 11730 11811\ Ave. NE #600 Kirkland, WA 98034 City of Federal Way do Chris Green 33530 1" Way S. Federal Way, WA 98003 11 ¡E}{U=2IBIT 'ff PAGE ¡.Ç OF ~~ MEETING DATE: December 18, 2001 ITEM# 57L (~ ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Reschedule JanuaI}' 1, 2002 Regular Council Meeting CATEGORY: BUDGET IMPACT: 0 CONSENT D RESOLUTION 1:8:1 CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: None SUMMARY/BACKGROUND: Since the first Tuesday in January 2002 falls on a holiday, it is necessaI}' to reschedule the regular Council meeting to the next business day pursuant to Council Rules of Procedure. The City Clerk will prepare and publish a public notice advertising the meeting will be held on JanuaI}' 2, 2002. -..----------------.- ~ITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "1 move to suspend Council Rules of Procedure for the purpose of rescheduling the JanuaI}' 1, 2002 regular meeting to the next business day--Wednesday, JanuaI}' 2, 2002" CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 1:8:1 APPROVED 0 DENIED D TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05110/2001 MEETING DATE: (p Decembe;¡' 2001 ITEM# JZZ: (£- ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Municipal Judge Reappointment ~AT:::::~T - 0 ORDINANCE-----~~----Î~::~n:~:~g:~:~: ----~---------- 0 RESOLUTION 0 PUBLIC HEARING Expenditnre Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ -------------------------------------------------------------------- ATTACHMENTS: Staff Report --------------~------------ - -------------------------------------------------------------- SUMMARYIBACKGROUND: Washington State Law requires that all municipal judges serve four-year terms that run on the same statewide cycle. The current cycle began Jan. I, 1998 and ends Dec. 31, 2001. The upcoming cycle begins Jan. 1,2002 and ends Dec. 31, 2005. Because the city formed its Municipal Court mid-cycle, the City Manager's appointment of David Tracy as Federal Way's Municipal Judge was effective for only the final two years of the 1998- 2001 cycle. Therefore, the City Manager must reappoint Judge Tracy to a new four-year term in order for him to continue Qffice. Based upon a review of the Municipal Court's work in its first two years, the City Manager has chosen to ¡>point Judge Tracy to a new four-year term. State law requires that the City Council confirm the City Manager's judicial appointments. -----------~---------------~-------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend that the full City Council confirm the City Manager's reappointment of Municipal Judge David Tracy to a full four-year term commencing Jan. 1,2002 and expiring Dec. 31, 2005. --------------------------------------------- PROPOSED MOTION: "I move approval of the committee recommendation" =lpff\----------- CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDIDEFERREDINO ACTION n MOVED TO SECOND READING (ordinances only) - Pasfpot1ed -to /;;;.j¡gjOJ /YIeêb(!r¡ REVISED - 0511012001 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY HALL 33530 1st Way South PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 Date: December 12, 2001 From: Federal Way City Council David MO~anager Reappointment of Judge David Tracy To: Re: Summary Washington State Law requires that all municipal court judges serve four-year terms that run on the same statewide cycle. The upcoming cycle begins January 1, 2002 and ends December31,2005. Because the city formed its Municipal Court midway through the current cycle, former City Manager Ken Nyberg's appointment of David Tracy as Federal Way's Municipal Judge was effective for only the final two years, from December 1999 to December 2001. Based on an overall review of the Municipal Court's work and progress during its first two years of operation, I have chosen to reappoint Judge Tracy to a new four-year term. Under Washington statutes and Federal Way City Code Section 2-311 (a) the City Manager's municipal judge appointment is subject to confirmation by the City Council. At the last meeting of the City Council, several issues were raised regarding the reappointment of Judge Tracy. This agenda report will review the process and reasons for the reappointment decision and recommendation. Background Over the past two years, city management has been generally pleased with the establishment, operation and progress of the Municipal Court. Attached to this Agenda Report (Attachment A) is a copy of the "Report of the Court", prepared by Judge Tracy, which summarizes the activities, accomplishments and issues confronted by the Court during its first two years. We believe the "Report" fairly summarizes many of the accomplishments of the Court over the past two years. Establishing and developing a Municipal Court from conception to operation and transferring judicial responsibilities from the District Court to a Municipal Court is a difficult and complex undertaking. It involves, in part, hiring and training of staff, appointment of Judge, Court Commissioner and Judge Pro Tem, establishment of judicial, administrative and financial procedures, development of probation procedures and contract, and responding to day-to-day issues of the Court. In general, we believe the Court has functioned well during its first two years of operation. During the summer months of this year, it became clear that there was a growing tension between Judge Tracy and representatives of the Domestic Violence Task Force. The Task Force was concerned that the Judge was not focusing satisfactorily on domestic violence cases. This tension became clearer upon receipt of a letter July 12th from a Domestic Task Force representative expressing concerns with the Judge, specifically focused on the domestic violence issue. In response to this letter, and in a desire to discuss the issue directly, I met with the Domestic Violence Task Force representative on August 1st. During this meeting the Task Force representative expressed concerns in several general areas: 1) judicial demeanor, 2) the Judge's expressed concern with some treatment programs, 3) lack of responsiveness from the Court, and 4) desire that more offenders be referred to a local program. At the conclusion of this meeting, I indicated that I would like to receive any written information on these issues that the representative would like to provide. Attached is a copy of the material that I have received from the Task Force that was referenced before the Council at the December 4 meeting (Attachment B). In response to the meeting and the materials, I first met with the City Attorney to discuss the Task Force's concerns, and to obtain the perspective of the City's prosecutors who appear before the Judge on a regular basis. I then met with the Judge regarding the concerns. We candidly discussed the issues raised, the importance of domestic violence crimes to the City and the need to resolve the issues that had been raised. The Judge also provided me with certain written information that is attached to this Agenda Report (Attachment C). During this and subsequent discussions, the Judge stated quite strongly to me the importance and seriousness of domestic violence and his desire to work cooperatively with the Task Force and others concerned with domestic violence issues. While he felt that his role as a judge requires him to weigh both sides of a case and to remain impartial, he indicated that he does consider domestic violence as a serious problem that must be addressed. Following these discussions, I requested that the Judge meet with the Task Force in an effort to resolve any outstanding issues. Judge Tracy met with the Domestic Violence Task Force at its September meeting. It was reported to me that at this meeting the Judge expressed his desire to work with the Task Force and to resolve any concerns or miscommunications. It is my understanding that the response from the Task Force was to the effect that the concerns were a misunderstanding based on miscommunications and did not need to be discussed further. Following this meeting on September 20th, based on the response at the Task Force meeting, I believed the issue had been resolved and that better communication had been established between the Judge, the Court and the Task Force. With this information, and with the Judge's assurance of his commitment to domestic violence issues, I finalized my decision to reappoint Judge Tracy and transmitted my reappointment decision to the Council through the Parks, Recreation, Human Service and Public Safety Committee, on November 9th. There was no opposition to Judge Tracy's reappointment expressed at the Committee meeting held on November 19th or at the Council Meeting on November 20th The Task Force concerns expressed to the Council on December 4th clearly indicate that despite the apparent resolution at the September Task Force Meeting, the issue is not fully resolved. Subsequent to the last Council meeting, it has been suggested that the Judge and members of the Task Force engage in mediated discussions to improve communication and resolve misunderstandings. Both the Judge and members of the Task Force have agreed to engage in these discussions and I am hopeful, and believe, that better communication can be restored and outstanding issues can be resolved. Summary In summary, I decided to reappoint Judge Tracy for a four-year term, and recommend his confirmation to the Council for the following reasons. 1. In general, the startup of the Court was handled professionally and skillfully. 2. In general, the first two-years of operation of the Court have been very good. An example of this was the "clean" financial audit by the State Auditor's Office for FY 2000. 3. The Court has assisted and cooperated with the City in several public safety operational and financial issues, such as video arraignment, Electronic Home Monitoring, and alternative jails. 4. Although the apparently renewed tension between the Domestic Violence Task Force and the Judge is certainly troubling, it appears that these issues can be resolved by better communication and discussions. I am encouraged that the Judge and Task Force representatives have agreed to mediated discussions to reestablish better communications and resolve any outstanding issues. Recommendation Recommend that the full City Council confirm the City Manager's reappointment of Municipal Court Judge David Tracy to a full four-year term commencing January 1, 2002 and expiring December 31, 2005. Attachment "A" Report of the Court ( Report of the Court Keep your mind open to change all the time. Welcome it. Court it. It is only by examining and reexamining your opinions and ideas that you can progress. Dale Carnegie FEDERAL WAY MUNICIPAL COURT NOVEMBER 2001 f\-L ( A NEW BEGINNING On December 31,1999, Federal Way Municipal Court did not exist. On January 4, 2000, Federal Way Municipal Court had its first calendar with 10 cases. By the end of the year, the Court had 14,820 cases filed and had held 11,405 hearings. To be able to establish the procedures to deal with this case load and hearings involved required 17 full and part time staff by years end Usually, when someone joins a Court, one person is being added to a group. Only one person needs to leam the system, procedures and culture of the Court. Not so with Federal Way. Ten clerks, 2 security persons, 2 probation officers, Court Administrator, Court Commissioner and Judge for a total of 17 persons with experiences from 17 different courts brought their own concepts of how a court should be run. Everyone worked together to forge one system using the experiences of all to establish the best court possible. Of course, none of this would have been possible without the assistance and input ITom other departments of the City including but not limited to the City Manager's office, the Law Department, the Public Safety Department, Human Resources, and Management Services Especially important has been quarterly meetings when the Court, Law Department, City Manager office, Police and Public Defender Association meet to discuss procedural issues and their resolution. By using the experience of all involved we were able to consider how to improve procedures to better serve those who come in contact with the Court, to be more efficient and effective. IMPROVING CUSTOMER SERVICE AND SATISFACTION F\-~ ( High Customer service has been a goal of the Court from the beginning. Although the clientele for the Court can be difficult, the Court has strived to always be patient, respectful and helpful. Staff is always looking for ways to improve Customer service. Some actions taken to date include: -At arraignment, a prosecutor is present to advise defendants of the City's recommendations or to discuss a possible resolution to the case. Although the Court has at times talked defendants out of resolving the case at arraignment out of concern for a fair representation, approximately a third of all matters that defendants appear on are resolved at arraignment. It is a service to the customer as they do not have to return again and it is a benefit to the Court saving the time and resources for later hearings. - Police volunteers call to remind defendants of their arraignment hearing so that as many as 65% or more appear at arraignments. Other Courts report that these procedures increase the appearance of defendants by 10-30%. That means more cases are resolved and less Bench Warrants that result in increased efficiency. -Instead of having jurors on can for a week or more, we have panels for two days. We allow jurors to take notes. We tell jurors after the case is resolved why they are not advised what is going on and what the reasons for any delay in using their services. We treat jurors with respect and try to educate them to issues involved while protecting the jurors from improper influences. This appears to help jurors value their experience more. -List of treatment resources for defendants. For example Domestic Violence Batterers Treatment lists 27 ( different agencies including three in Federal Way DOLLARS AND STATISTICS On January 1, 2000, the Court had no history to detennine what revenues would be generated and the expenses involved with operating a court. The City did have the experience of revenue and expenses while the City was a part of the district court system. For the year 2000, the Municipal Court generated $396,143.85 ITom fines and costs. Total revenues trom fmes and forfeitures were 6.0% above revenues for 1999. Through August 2001, the municipal court alone has generated $361,077 ITom fines and costs. Through August court revenues ITom both the District and Municipal Courts was 3.7% a head of projections for 2001 and 10.1 % ahead oflast year's revenue. That does not include monies raised through probation through August of$14,095.00, or Traffic school fees totaling $74,488 through August. This revenue was generated despite a reduction in filings for June through August of39% for traffic infractions and 24% for criminal violations. The Court is also concerned about the expenses incurred and has taken actions to be more efficient and cost conscious. Examples include: -The use video hearings for arraignments for those in jail. That was expanded to pre-trials, reviews and bail hearings. This saved transportation costs, less time in jail for prejudgment and allowing defendants to resolve their matters quicker. -The use of interpreters' calendars have saved the court approximately 50% of what other courts have been incurring. -The use of alternative sentencing such as Electronic Home Monitoring, along ( with other actions instead of jail has saved the expense of jail costs. -The implementation of procedures to encourage court attendance has reduced the issuance of Bench Warrants. -The use of private company for probation services who also assumes the responsibility for liability for their mistakes. This is something new for this area. DOMESTIC VIOLENCE-A SERIOUS PROBLEM The first year the Court existed was spent on setting up systems and procedures. The second year the Court focused its attention on understanding and improving the response to Domestic violence crimes. There is no question that Domestic Violence is a serious problem. Twelve to fifteen percent of the cases filed in our Court are Domestic Violence ranging ITom throwing a T.V. Selector on the floor during an argument to serious injuries such as choking or cutting another person. Not that long ago, society looked the other way on these issues. Some parts of society still do. The rest of us continue to learn how to improve our response to these issues. Domestic Violence is an area of bala:l~ing contradictions. For example, Courts should issue "no contact orders" to protect victims. However, the risk of serious injury or death is significantly higher just after Defendant and victim separate. The victim knowing the circle of violence may feel the level of danger will go down if the "no contact order" is rescinded. Does the Court continue the "no contact order" or not. This is just one of many issues to be decided in a domestic violence case. To improve domestic violence procedures the Court reviewed materials on Domestic Violence and made a list of A--l-\ ( topics. Prosecutors, police and public defenders were invited to attend meetings to contribute and comment. Probation and Domestic Violence Advocates were asked for input. The Domestic Violence Task Force heard of these discussions, approved the discussions and provided information. The prosecutor indicated that many topics for improvement were good suggestions. Some of the changes implemented are a follows: -Defendants are often required in addition to any other treatment to attend a Domestic Violence Victim's hnpact Panel. -To bring these cases to resolution sooner, continuances will be shorter. -Studies indicate that abusers who attend Batterers Treatment are less likely to reconunit. Those studies also show that 30 to 50 percent of persons sent to Batterers Treatment fail to go after the first or second session and that the success rate than goes down. The Court is considering a required court review hearing at times to encourage defendants to continue treatment. -The Court has joined with other municipal courts in South King County to report to each other about treatment providers that have a continuing problem complying with State requirements and to establish a uniform reporting form to be used by all Treatment agencies. -The prosecutors have reduced filing ITom as much as 30 days to file Domestic Violence crimes to filing between 7-10 days. -The Police Department has given warrants issued for Domestic Violence Crimes a priority so that defendants can be arrested sooner. This is a positive as studies show that a person arrested does not reoffend as soon. ~-s c In the area of Domestic Violence, Our court should be in the lead. To do that requires self-evaluation and self assessment. That is not always pleasant but if it leads to a better understanding and response to Domestic Violence than it will be worth it COURT AUDIT-PASS WITH FLYING COLORS The Court's financial procedures were audited by the State Auditor for six days. The auditors went through the Court with a fine toothcomb. They checked procedures and asked for the Court's legal authority on a number of matters. In the end, the auditors had no recommendations for change or improvement. This is unusual for a new court. The staff of the Court should be congratulated on their thoroughness, high standards and hard work to accomplish this result. TRAINING-HOW TO GET BEITER The Judge has been to New Judge Training (1 week), General Jurisdiction Training (2 weeks) 2 Spring Conferences and 2 Fall conferences (3 days each). The Court Commissioner has been to New Judge Training and will be attending the Spring and Fall Conferences. The Judicial officers are continuously reading new decisions issued by the State's Appellate Courts. The Court recently Sþonsored a Domestic Violence Seminar for Judges and Pro Tem Judges with many ofthe Pro Tern Judges used by this Court being present to learn how to better deal with these issues when on the bench. Both the Judge and the Court Administrator are on their respective Associations education committee to keep them on top ofthe latest information on how to improve the ( Courts. The Judge is also on the Technology committee that is exploring ways to use technology to improve court efficiency including a pilot program having WSP input defendants name and cause number etc., in their computer and that data base becomes the starting point for all records for the court and other parties to the case. These memberships will provide valuable infonnation for the court to improve its procedures and response to its work. COMMITMENT TO SERVE OUR DIVERSE COMMUNITY The concept of an interpreters' calendar was established. This is where all persons needing interpreters are put on one calendar. We always have an interpreter for Spanish and often for Russian and Korean. This saves the cost of interpreters and assures the defendants can communicate with the court. This has been expanded to having written documents in different languages so that when persons who speak a different language can be given a document in their language advising then of when to return and that an interpreter will be present. The look on their face is enough to know their appreciation and relief that they understand what needs to be done. Court staff frustration with communication is also reduced. This has been expanded to other fonns including advise of rights. This greatly improves customer service for those who speak languages other than English. SECURITY With recent events this has become a concern to many persons. The Court had already taken security precautions that include security officers with monitor, 24 hour surveillance recording fiom ( security cameras, door metal detector and wand metal detector. There are other security devices in place. These precautions were put in place due to the clientele that the Court serves but also to avoid an inquiry fiom the Department of Labor and Industries concerning safety of employees that other courts have had. FUTURE PLANS The Court is not yet finished and after consulting with appropriate persons and departments is looking forward to considering: -Teen Court -Mental Health evaluation and improvements -Listing resources for Domestic Violence Victims including Petitions for financial support fiom Superior Court and Office of Support Enforcement. -Expanding the existing volunteer program. -Expanding and improving the use of technology in the Court. DRIVING UNDER THE INFLUENCE From January I, 200 I through August 2001, there have been 255 cases filed for Driving Under the Influence. Defendants with repeated alcohol related offenses are most fiequently involved alcohol related accidents. The Court has required individuals that are in this high risk group to take a breath test twice a day on equipment installed on their phone. This has enabled the Court to monitor these individuals alcohol consumption. Where the defendant has been unable to control their drinking as indicated by these tests, the court has imposed higher bail. This often results in the defendant being in jail until their case is heard in court. It has also been helpful persuading defendants to enroll in treatment. A-l" ( c Programs such as this reflect the efforts ofthe Court to help provide the citizens of Federal Way with a place they can live, work, and play safely. CLOSING The success of the Court is due to a group of dedicated professionals. Each employee performs tasks that are essential to the operation of the court. They are courteous, hard working and make good suggestions for improvements to the Court. Their efforts are invaluable to the success of this Court. The Court is confident that the new challenges that inevitably come will be met by the staff with as much success as they have had in the past. The court and court administration looks forward to working with the other participants to meet those challenges to provide a court that the citizens of Federal Way feel gives them a fair hearing. 1\-\ Attachment "B" Domestic Violence Task Force Materials 1fí\.......... .. ell ... ~ >- Viedm Panel / c-rt Wateh . FEDERAL WAY DOMESTIC VIOLENCE TASK FORCE The mission of the Victim Panel and Court Watch is to make the criminal justice system more effective and responsive in handling crimes of violence, particularly against women 6130/01 and children, and to create a more informed and involved public. Attention Federal Way City Manager, Mr. David Mosely Dear Mr. Moseley: RE: renewal of Judge David Tracy's contract with the City of Federal W~y It has been brought to the attention of the COURT WATCH committee that the City is considering the renewal of Judge David Tracy's contract for the four coming years (?) We would like to take a serious look at this consideration in light of many complaints this committee has heard ITom several sources during this month of June 2001. The City of Federal Way deserves a judge who is willing to serve its citizens, and especially its women and children to the best ofhislher abilities. This does not seem to be the case. On the other end, the COURT W ACTH committee has heard nothing but excellent comments about Commissioner Platter when dealing with Domestic Violence issues. Our committee is requesting a meeting with you to address our concerns as soon as possible. If this is not feasible, we do plan to bring it to a City meeting in the very near future. We hope we will be able to avoid this as our last resort. In anticipation of your answer we remain, Sincerely, ~ Chair, Court WATCH committee RECEIVED JUL 1 2 2001 CITY OF FEDERAL WAY CITY MANAGER'S OFFICE Cc: L. Neterthon, Chair FWDVTF Commissioner Platter 33705 9th Ave. s. Fedo,,' Way, WA 98003 P.o. Box 477. F""..., Way. WA 96063 Pt"""" 25383S-9975 Fax: 253æS-9976 Emai"~ ~ ~'t~ -~ FEDERAL WAY DOMESTIC VIOLENCE :::~~:::;~ The mission of the ¡'letim Panel and Court Watch is to make the criminaljustice system more effective and responsi,.'e in handling crimes of violence. particularly against women and children. and to create a more informed and Involved public. 6/30/01 Attention Federal Way Municipal Court To: Judge Tracey. G. Pander, Renee Miller. Veronica Alicia-Galven Cc: Court Watch vollmteers - Victim advocates for the FW;vlc. The following has been brought to OUT attention by the Federal Way Domestic Violence Task Force and Court Watch volunteers: I. Perpetrators of Domestic Violence are referred to Anger Management education classes instead to Domestic Violence Treatment Programs (12 weeks instead of one year therapy treatment). 2. Some defendants in Domestic Violence cases do not get penalized tor not being in compliance with Domestic Violence Programs. 3. Victims are not being treated respectfully willIe on the v.¡itness stand. 4. There are times when the judge does not take "guiity pleas" if the prosecuting attorney happens not to be present in the courtroom. 5. FWY &FS DVTP has seen a serious decline in perpetrators in treatment since May and June 2001 (50% less). We are not aware of others DVTP statistics in Federal Way. All of the above is of some concern. We would appreciate some feedback to the Court WATCH cOIDIT'.ittee as soon as possible. Thank you. Respectfully. ~ ...-- ~..':..o- <>-{L ;:ou ;~~ Chair, Court WATCH com¡nittee Cc: L. Neterthon. Chair FWDVTF 33705 9th A,.. S f.""al way. W.^ 98CO3 ?O.9ox4779 .'ecml W'y. WA 980ó3 ?"one 25:><135-9975 "X 25:><135-997ó 'm..l, 9",,",,-"""""'°'9 DOMESTIC VIOLENCE PROCEDURE OUTLINE ICd i 1'n rA1f êL , 6cM l/ I. Bail-use electronic home monitoring on a pre-trial basis with a no contact order. This is a step between just a no contact order and requiring significant bail which probably would result in an in custody matter. Although there are arguments against it, there could be a requirement to follow a 60 speedy trial rule. Could GPS technology be used to monitor the defendants whereabouts including how close he has come to a victim? 2. 60-day rule-process all DV cases on a 60-day policy. There will be times that this policy will not work but it may bring faster results for the victims and other witnesses. It may require that the prosecutor be prepared to give discovery and recommendation to the defense attorney quickly. It may also require consideration of appointing the public defender more often to avoid the delay of obtaining private counsel. I know some jurisdictions have tried this but I do not know which ones or with what success. I know Superior Court is trying a fast track procedure with drug cases where the prosecutor and public defender are exchanging information and accessing the situation within approximately 5 days. If consider, . we should contact courts that have done this to evaluate effectiveness. CD ~stablish a Victims Impact Panel. This has been done in other jurisdictions with positive results. We are currently sending some DV cases to these panels. There is Î '19 ~ome talk that Batterers treatment is not really all that effectiv.e ~ut that these II ;; ;> . C> Impact panels ¡¡reo Maybe we should consider Impact panels similar to AA . -- meetings and require more than one session. ~ . G Batterer's treatment-As I have said earlier there is some discussion whether this program is reall~ effective. However, the current issue iJ; w~ether t~~J¡:e~t~<\nt programs are doIng what they should do. A number of courts and<probatlOn.J departments in the South end are meeting to determinèñów to res¡)õñã!õiliis problem. That may include monitoring and requiring additional conditions to qualify as a program that the courts will accept. 5. Arrest-should an arrest warrant issue on every domestic violence assault as soon as possible after the incident? 6. Children-Should some resource such as CPS be notified whenever children are involved even if the violence is not directly against them. Should we require the defendant to file a petition with Superior Court to resolve the custody, visitation, financial issues that the Municipal Court can not handle? Should we somehow establish a fund for daycare for witnesses with children? 7. Sentence-Should fines and jail terms be low to provide for treatment, etc 8. Probation-all probation hearings are made court hearings so that a failure by the defendant can then be brought directly to court or a bench warrant may be issued for failure to appear. ~-- l? P '1 i? CV No Contact Order-Rescinded only after th~-:-;ìs been 1,2, c counseling. < 0 . sessions. This sounds vindictive but really tryIng to provide port for victim and keep the defendant away until she does. 10. Direct filing-should domestic violence cases be filed directly so there is less delay. , ~ :;¡:¡ , . ld¿j ;; Ik 'O~'!JI -P ¿ IYI?I . c.{jJ /.,( . "¡'/yv at' C If; ,.,c/iL ~ Victim P...el / CGurt Watel1 FEDERAL WAY DOMESTIC VIOLENCE TASK FORCE The mission ofihe VIctim Panel andCollrt Watch is to make the criminal justice system more effictive and responsive in handling crimes of violence, partiCIIlarly against women and children, and to create a more informed and involved poblic. 8/1/2001 Mr. David Moseley City Manager P.O. Box 9718 33530 1st Way South Federal Way, W A 98063-9718 Dear Mr. Moseley: Re: Our meeting - Federal Way Domestic Violence Task Force- Thank you very much for meeting with me this afternoon. I do hope this meeting will be a productive one in the interest of the citizens of the Federal Way community. Especially in light of all the victims of Domestic Violence. I hope you will take some time to meet with the prosecuting attorneys in order to get their input about their monitoring activities in Judge Tracey's courtroom. My understanding is that this team of attorneys has their personal opinion/judgment about hòw Domestic Violence cases are handled in Judge Tracey's courtroom and Commissioner Platter's courtroom. Lorraine Netherton, Chair of our Domestic Violence task Force also reported she sent you a letter, with enclosures, including specific FACTS you were asking me for. I, still, would like to emphasíze that my meeting with you has been done in my capacity of chair for the Court Watch program for the Federal Way Domestic Violence. In this capacity, I find it to be my duty to infonu you about all I have been made aware of from members of the court watch committee, the task force and my own judgment having been in court on several occasions. My intent is not to be disrespectful of anyone, as I mentioned to you. My intent is to make you aware that this city deserves a good coordinated community response to Domestic Violence and not an adversarial system that will undenuine the countless efforts of the citizens and employees of the city of Federal Way. 33705 9th Ave. S. Fed.,al Way. WA 98003 P.O. Box 4779 Fed..., Way. WA 96063 Phooe, 253æ5-9975 Fa", 253æ5-9976 Email' glnout@fWyfs.o'g Please let me know if you need additional information from the Court Watch Committee and we will be pleased to help you. R'_;:;) ---- -2: CCCJS - CCDVC-III Cc: Lorraine Netherton, Chair Federal Way Domestic Violence Task Force \-\ Victim Panel / Court W8tch ... FEDERAL WAY DOMESTIC VIOLENCE TASK FORCE The mission of the Vìctim Panel and Court Watch is to make the criminal justice system more effictwe and responsive in handling crimes of violence. particularly against women and children. and to create a more informed and involved public. RECEIVED 7 2001 AUG 8/1/2001 CI1Y OF FEDERAL WA CI1Y MANAGER'S OFFIC Mr. D. Moseley, City Manager City Hall PO Box 9718 Federal Way, WA 98063-999718 Dear Mr. Moseley: Re : Federal Way DV task Force meeting 8/01/2001 You asked me if I had some documents for you at the end of our meeting today. As a matter of fact, I was not prepared for it at the time. Meanwhile, I am sending some docwnents related to our conversation. 1. The News Tribune, Sunday, July 29, 2001 article: DV is well alive. 2. Court Watch: Monitoring & Responding. 3. Conclusion from an article written by Judge Fritzler (Vancouver, WA) 4. Court Watch letter 6/30/01 to the Federal Way Municipal Court 5. DVTP request to the Federal Way Municipal Court September 20, 2000 unanswered to this day. Ri:espectfully, ~. Chair, WATCH committee FW DV Task Force Enclosures: 5 Cc: Lorraine Netherton, Chair 33705 9th Ave. 5. Fed.,.r Wqy. WA 98003 P.O. 8ox4779 Fed.,..1 Wqy, WA 98063 Phone, 2530835-9975 Fax 253-835-9976 Ema', ginouI@fwyfs'O'9 82 The ~:ws Tribune, Sunday, July 29; 2001 LAKEWOOD Woman shot by husband improves; man remains in critical condition A domestic violence victim was upgraded from critical to stable condition Saturday after a shooting Friday night in LakewQod. Her husband remains in critical condition. Shortly after 7 p.m. Friday, the man called 911, telling dispatchers that he had shot his wife. When four deputies arrived, the man yelled at them and shot twice, missing both times. After pleading with the man to drop his gun but getting no response, deputies shot him, witnesses said. The man is under guard at St. Joseph Medical Center, and his wife is at Madigan Army Medical Center, according to a Pierce County Sheriff's Department spokesman. The News Tribune is not identifying the couple because the man has not yet been charged with a crime. - CECIUA NGUYEN. THE NEWS TRIBUNE MONITORING ACTIVITIES I MONITORING & RESPONDING Afrer careful preparing and planning, it is time to begin monitoring the courts. This seerion includes discussion of three areas of coutt monitoting work: MONITORING ACTIVITIES Discusses substantial ateas in the criminal justice system WATCH monitors: adult felony coutt, orders for protection (OFPs), and children in need of protecrion or services (CHIPS) cases. Following each of the three areas are rhe forms WATCH staff and volunreers use ro moniror. RESEARCH & INVESTIGATION Explores research and investigarion techniques used to follow up on issues identified while monitoring. AOVOCACY & EOUCATION Describes the advocacy and education work which can be done using informarion gathered. MONITORING ACTIVITIES / WATCH's volunteers and/or staff are physically present in the couttroom ,~~eQ' ( dar- Volunteers monitor coutt appearances involving felony-level domestic abuse, \ ?riminal sexual conduct, and child neglect, child endangermenr. and malicious punishmenr. A small group of volunreers also monitors civil Order for ProtCcrion hearings and child protecrion hearings. In the near future we are hoping to «pand our monitoring effotts to misdemeanors. [/ 1\ //\ / \ . i> \ The daily presence of monitors reminds the judges. attorneys, bailiffs, and other coutt personnel that they are accountable to the public, and that the public is interested in what happens in the courtroom. All volunteers carry ,~~boards ( so that they will be recognized by coutt staff. Volunteers are trained to wa~or and note such things as the following: judicial dé;;'~n;'r, ìIïe'use -~f - " inappropriate humor, timeliness, audibility, ackn~wledgment of and sensitivity towara ~iCtìmsa'nd victim safety, ciâriry of explanations given by judges and a¡¡òrneys, and disruptions in the couttroom. For sp~~ific hearings we monitor. volunteers are àsked' to noie patticular ru1ings. commentS. and data that are outlined on monitoring forms tailored to that hearing. cf~ ,. ¡I} IJ >( oj / ,{/ Volunteer notes are reviewed by staff who follow up with appropriate personnel. including judges. attorneys. advocates, and probation officers. This .f.~up may be to investigat~ a case futther or to COrnme!)Ço(1,Jheçase. either complimenti~gä judge or other system personnel or pointing out a problem with the ~ay the case was handled. .'. 1.0' 'L tI J'e "". I- / : ; L ,..u. ¡, 'i ¡fJ,J - ~-t7í~!. :p 'TJ~,'¡n . .J:" ..... un. .~_lftñ,'_¡{ MONITORING & RESPONDING I ¿\ JUDICIAL CONDUCT AND ETHICS Every participant in rhe courtroom should be treated with consideration and respect by representatives of the court. Thej~~te~!!,sl'~tl~ble for ensuring that the courtroom environment remains hospirable and appropriate. He 'Or she iš"expêctëatõbebãve iña:,,¡¡òDiakd manner ana-io hold his ôr her Staff up to similar standards. Likewise, the judge is required to conduct her or his personal dealings in a manner that will not compromise the impartiality of the courts. Each state has a set of laws that outline judicial conduct and ethics, often based upon the 1980 Judicial Councils Reform and Judicial Conduct and Disabilities Act. These usually include the following canons: A Judge should uphold the integrity and independence of the Judiciary. A Judge should avoid impropriety and the appearance of impropriety in all the Judge's actions. A Judge should perform the duties of his or her office impartially and diligently. A Judge may engage in activities to improve the law, the legal system, and the administration of justice. A Judge should regulate extra-judicial activities to minimize the risk of conflict with his ot her judicial duties. A Judge should regularly file reports of compensation received for quasi-judicial and extra-judicial activities. A Judge should refrain from political activity inappropriate to his or her judicial office. Should a judge violate these canons, or appear unable to fulfill his/her duties, a complai~~cial ~onduct organization (for a full listing, please contact t!>e American Judicature Society). . Cõ¡;PI~¡;'tS ma be 'filed Iii' ;;,- ffi"eDi6er ;;£,he pUblic',-(a~"rs, judges, ot the staff of t e judicial conduct organization. Th~~rganiza'¡fons håŸè the autlroiity, ifth¿ èomplãìñtãñ"d"Slilišêqùent investigation provide cleat and convincing evidence, to impose disciplinary actions ranging from a privare admo- nition to permanent removal from the bench. It is important to note t~..!!'.s"ar~,is}n£r~ingl)' show.il1g!~'Wjudicialconduct ¿ and d"mçanor sen,ds a pow~rful message to the victims of violence, the offenders, a;;-;¡ the public abo.tlt, t.hJO.seriousness of these crimes. However, complaints against judges should not be filed without careful consideration. In order to be an active participant in the efforts to reform the - <I ~ """'~""""""AM C,"~r? """'~ ,.....,.".'" 2000] DOMESTIC HOLENCE COURT 39 The problem for the court system is compounded by increasing numbers of pro se litigants, unrepresented victims, and interested parties that appear for court proceedings. Courts in the past have been reluctant to expand their purview to provide services for umepresented litigants. This reluctance stems from a dis- comfort in dealing with umepresented citizens in a court system that is geared toward lawyers. IS2 However, courts should not lose sight of the fact that they can use the power and influence of that institution to remove obstacles and expand resources for citizens. For the courts to take such an aggressive role is seen as appropriate now both because of the increasing number and complexity of cases and the difficulties in meeting the needs of unrepresented litigants. A specialized dedicated domestic violence court can provide the kind of comprehensive, coordinated response to family violence that is the key to effec- tive intervention. In a unified and dedicated court setting it is possible to provide and coordinate a wide 3ITaY of services to families and children. It is the authors' observation that a significant number of people who find themselves before the court, especially at the limited jurisdiction level, are there simply because they found themselves in a life crises situation and have very poor problem solving skills. By going beyond the strictly adjudicative role of courts in resolving legal disputes and by providing opportunities for litigants to acquire the help and skills necessary to deal more constructively with their problems, we may reduce the need for additional court intervention at a later date. In spite of the widely rec- ognized need for coordinated and comprehensive efforts to address domestic violence, truly integrated responses to domestic violence offenses are still the exception rather than the rule. Moreover, specialist judges have the advantage of constantly entertaining and researching new ideas about the specific area of law that they address. XI. CONCLUSION "Principles of therapeutic jurisprudence, preventive law, and restorative justice suggest that the legal system can anticipate, prevent, and even terminate violence toward women by utilizing a proactive specialized domestic violence court that coordinates services with other legal agencies, treatment providers, and victim advocacy grOupS."153 The collaborative process has created new and en- during relationships that are serving the court system and more particularly the judiciary, who are no longer isolated and disconnected from the community they serve. The essential ingredients for change consisted of a judge committed to change, a relatively cooperative judiciary, and the input and support of key stakeholders from various community agencies that included legal actors, treat- lS2 Louise G. Trubek, Context and Co/loboration: Family Law Innovation and Profèssional Autonomy, 67 FoRDHAML. REv., 2533, 2548 and 2552 (1999). I5J Randal B. Fritzler & Leonore MJ. Simon, Creating a Domestic Violence Court: Combat in the Trenches, 37 CT. REv. 28, 38 (Spring, 2000). 6/30íOI ... f~ERAL WAY DOMESTIC VIOLENCE ~~!-} The mL~,ion of the Victim Panel and Collrt Watch is to make the criminal justice .")Istem more effictive and responsive in handling crimes of violence. particularZv against women and children. and to create a more informed and involved public. Attention Federal Way Municipal Court To: Judge Tracey. G. Pander, Renee MiHer, Veronica Alicia-Galven Cc: Court Watch volunteers - Victim advocates for the FW~fC. The following has been brought to our attention by the Federal Way Domestic Violence Task Force and Court Watch volunteers: I. Perpetrators of Domestic Violence are referred to Anger Management education classes instead to Domestic Violence Treatment Programs (12 weeks instead of one year therapy treatment). 2. Some defendants in Domestic Violence cases do not get penalized tor not being in compliance with Domestic Violence Programs. 3. VictÍI11s are not being treated respectfully while on the \\Iitness stand. 4. There are times when the judge does not take "guihy pleas" if the prosecuting attorney happens not to be present in the courtroom. 5. FWY &FS DVTP has seen a serious decline in perpetrators in treatment since May and June 2001 (50% less). We are not aware of others DVTP statistics in Federal Way. All of the above is of some concern. We would appreciate some feedback to the Court WATCH committee as soon as possible. Thank you. Respectfully. ~._- ~-~ ,¿L ;;ou ;~p Chair, Court WATCH comn1Ìttee Cc: L. Neterthon. Chair FViDVTF 33705 9th A,.. S .'ed.,,' Way. WA 9aCO3 ?O. ""x 4779 .'ed.,al Way. WA 'SO63 ?hon. 25'>835-997; .';oc 15J.835-997ó Em.." gin=tt9'IWyf1org ~ . Federal \Vay '::-: '. Youth é~ Family Services . ~ t ...... P.O 8ox 23895. Federal \\ily. W.-\ 98093 September 20, 2000 Federal Way Municipal Court P.O. Box 9717 Federal Way, W A 98063-9717 Attn: Sandra WarIer, Court Administrator Re: Federal Way Coordinated Community Response to Domestic Violence Dear Ms. WarIer: As you requested, the following is our suggested agenda for the meeting between BI Probation, Federal Way Municipal Court, and Federal Way Youth & Family Services, Victims Assistance UnitJDomestic Violence Treatment Program. I. II. Introductions and getting acquainted a. Judges b, Prosecuting Attorney c. Public Defender d. Court Administrator e. BI Probation f. Victim Advocate g. Domestic Violence Treatment Program Victim Advocate & Therapists Topics ofInterest a. What the court needs from a Domestic Violence Treatment Program (report reading) b. Needs of probation c. Domestic Violence Treatment Program needs Please let us know when we could meet at everyone's convenience. Thank you. GT/nn Cc: Heather Dean, BI Ph"",.:' (253) 835-99ï5 fax: (253) 835-99ïb Tacoma (253) 92+ \835 .\I"",OIJ'ù" 33ï05 9th ..he. So. Federal Way, WA 98003 .-\L'lIil.:<l\\,,-,A,~e",\" S",eIl¡" Hll 5W Dash Pt. Rei. Federal Way. W..\ 98,123 ~ Viedm Panel / Court Watch a:EDERAL WAY DOMESTIC VIOLENCE TASK FORCE The mission of the Victim Panel and Court Watch is to make the criminal justice system 8/7/200 I more effictive and responsive in handling crimes of violence. particularly against women and children, and to create a more informed and involved public. Mr. D. Moseley, City Manager City Hall PO BOX 9718 Federal Way, WA 98063-999718 Re: Court WATCH Please find, enclosed, the latest drama of domestic violence in South King County. Not only is a young mother dead but also her two children are in critical condition at the hospital. Also, I am asking you to read carefully how the legal system handled this matter: it is a disgrace to our society. Not only was this domestic violence under the domestic violence definition from household members and acts of violence, it was also a total lack of judgment from the prosecuting attorney and judge in this case to refer this client to an ANGER MANAGEMENT program that lasts 12 weeks instead of a one year DVTP that lasts more than a year in general. After taking these classes, the case would have been dismissed for a man who clearly terribly abused his wife and probably his two children by the same token since 1995. Ifhe had been in a Domestic Violence Treatment, his wife may still be alive and the children not robbed from what will now be a frightening past till the end of their lives, if they survive. Mr. Moseley, our Domestic Violence Task Force is asking you to make sure that prosecuting attorneys, and Court Watch volunteers as well as any Task Force member have a right to be in a clear an open relationship with you IF they do not agree with what a judge does on the bench that can endanger women and children in our society and more particularly in our society. This is the only request we have from you. The rest is not relevant. You have the power to be surrounded by people who take their job seriously, ethically in your city. This goes for the city attorney, prosecuting attorneys, legal and victim advocates, and anyone part of the DV Task Force. We cannot afford playing with people's lives. I am asking you, in the name of Court Watch to be receptive to what several people have to say about our judges in our community in a spirit of open and frank communication for the well being of all the citizens in Federal Way. Please, let court Watch know your intentions in this matter. Thank you. Ene\.: I 33705 9th Av<:. S. Fede..' Way. WA 98003 P.o. 8ox <77. Fede..' Way. WA 98063 Phone. 25~3s.9975 Fa>< 253-835-9976 Emalt ginout@fWyfs."'! ViM~~~Ction order .. Boyfriend arrested in stabbing death BY PEYTON WHITELY Seattle TImes staff reporter The 30-year-old mother stabbed to death in a Renton-area home Sunday night had been granted a protection order from her boyfriend in May after she said he attacked her, court rec- ords show. After the May incident, the boyfriend's own attorney asked that he be plàced in an anger- management course in Tacoma. The woman was found dead in the couple's small house in the 11300 block of Southeast 162nd Street shortly after 9 p.m. Sunday, said King County sheriffs Sgt. Mark Toner. Her identity was being with- held until family members could be notified. It appeared her throat had been slit with a knife, Toner said. The couple's two girls, ages 2 and 5, also were wounded and taken to Harborview Medical Center in Seattle. They were re- ported in satisfactory condition. The 30-year-old boyfriend found in the house was arrested in connection with the attacks, Toner said. He had superficial knife wounds and was being held for investigation of a homicide. In an affidavit seeking a protec- tion order from the man, the woman said he had assaulted her as far back as 1995, and once when she was pregnant. In one incident in 1995, she said, the man dragged her through a door in an apartment. The police were called and the man went to jail, but the case was dismissed, according to the court papers. "I told the judge everything was all right. It wasn't;' according to the woman's statement. "The second time he pushed me a bunch, gave me a black eye while pregnant about eight months." On June 6, the man's attorney sought a court order to have him placed in a 12-week anger-man- agement counseling program. In preparing the order, the at- torney said that his client had completed two years of college and worked for a business owned by the woman's brother, that the man and woman "live together in a pennanent relationship;' and that they had two children to- gether. The proposed order asked that the man enter the anger-manage- ment course in Tacoma on June 18. Court records didn't indicate whether the man attended the sessions. The attorney asked that the or- der be dismissed if the man suc- cessfully completed the course. While neighbors said they were surprised by the slaying, they also said arguments had been common at the home since the family moved in about three months ago. One neighbor, Maureen Vig, said she'd sometimes encoun- tered the woman while working in the yard or checking the mail. "About a month ago, she had a big bruise on her face," Vig said. Toner said police had been at the home in response to an ear- lier domestic-violence complaint, and other neighbors reported of- ten hearing the couple arguing. Neighbors reported hearing fighting at the house Sunday night just before the slaying. Neighbors said the little girls sometimes played with nearby children. June 24, 2001 Dear Mr. Sterbank, It has come to my attention that the city is considering the renewal of Judge David Tracy's contract. I feel that it is vital that you know what has been found as a result of our Courtwatch Committee efforts, as well as incidents in important community meetings. Judge Tracy stated in court to a domestic violence offender, who was before him for a second offense, in which the victim was pregnant, and I quote, "I've seen worse assaults, so I'm going to PR you". The offender was even supposed to be in a d.v. perpetrator's program at the time, and had not complied. The message to the perpetrator here is totally unacceptable of a Judge. In another case very recently, a domestic violence victim was on the witness stand, attempting to testifY, when she broke down and cried. Against all ethics, he LAUGHED at the victim in OPEN COURT, before saying, "I realize this is hard for you, but we can't understand you". He has done this on several occasions. This re-victimizes the victim, and is also completely unacceptable. Judge Tracy's demeanor has been as ifhe wants to be a mend of the defendant. He has been witnessed saying, "the Prosecutor is not present this morning, so I'm not going to take any guilty pleas this morning, if that is o.k. with you?" This was asking defendants if it was o.k. for him to do his job, clearly placing control in the defendants arena. When the defendant states that he cannot afford a treatment program, Judge Tracy agrees that maybe they shouldn't have to go through a program, but tells the defendant that he has no choice, thus giving the defendant the idea that even the judge thinks he shouldn't have to go to any treatment. At the last meeting of the Federal Way Domestic Violence Task Force, he insulted a distinguished counsellor, Ginou Tapp M.S., M.S.G., C.C.C.J.S.T., C.c.D.V. ill, of Federal Way Youth and Family Services, by saying, "offender treatment programs don't work", five times in one meeting, greatly offending a highly trained woman who has put out great effort to serve this community with all her heart. When she finally told him she was offended, he would not apologize, creating a great rift between the Task Force and the court. As with any crime, the program works for offenders who choose to make these changes, and apply the counsel to their lives. New programs are needed for those who don't. Judge Tracy is also given to ordering Anger Management treatment, instead of Domestic Violence treatment. The treatment ofD.V. is specialized for very important reasons. D.V. offenders' behavior is like that of a serial killers', in that their pattern of behavior escalates until their victims die, unless they are stopped. I'm sure you are aware of the recent violent deaths in this city as a result ofD.V. situations. He called a "quarterly meeting" of court people, prosecutors, police, and others, to discuss domestic violence issues. Not a single member of the Task Force was included. This Judge is here to serve this community, as are we, and has failed the community he is here to protect and serve on every level. All this disregard, insensitivity, and hanD, has been IN SPITE of the fact that Judge Tracy has, not once, but TWICE received training in domestic violence issues under the renowned Doctor, Anne Ganley, who is considered by many to be the country's foremost educator on the subject. Our Task Force has contacted Senators, and Representatives who are even now scheduled to attend our meetings, Representative Maryann Mitchell in July, and Senator Tracy Eide this fall. They have whole-heartedly done so, are very concerned about domestic violence, and are committed to solving the problems, and serving the community they represent. US. Under these circumstances, where Judge Tracy has not kept up with the needs and concerns of the fastest growing city in King County, has harmed the victims and placed lives at risk that he is sworn and obligated to protect by law, he is an embarrassment to this community, it"s officials, and a detriment to all the expense, and effort of the creation of our domestic violence court, as well as a possible financial, legal, and life-threatening risk. We are cUITently considering filing a complaint with the Commission on Judicial Conduct. I ask that you seriously re-consider the renewal of his contract, it's reflection and liability to yourself, this community, it's officials, and everything we are all striving to accomplish. Enclosed is research, gained at long effort by many, that will support everything I have stated here. I also ask that you would not further damage all the progress made by this city to address this issue, and it's creation of a domestic violence court, by finding a Judge worthy of it, who will be an example, and an asset to this fast growing city in the coming years. I would, on that note, like to extend my appreciation for the fairness, and sensitivity of Commissioner Platter, in the performance of his office toward victims, and offenders alike. My Heart in Service, r\,.¿:f! ~-/-~' :-r--~ '. 'ß. /(.C ~ Lorraine K. N th rton Federal Way Domestic Violence Task Force enc. lkn/LKN Washington State Senate Olympia Orfice, II" I.,'g;s!"'h,' I'"ildi"g PO II", "'H" 1)Iy""l'i".WA"X;;'""," .. ""dl. dd"""kg.""."", Senator Tracey J. Eide I\billril)' Wllip .\11111 kghlalivl' 1);"11';('1 Telephone, '.K"" 7H"'.7("iH FA', '.\W' 7Hhl'J'", 1,,'gb",,;n711"1¡;"'" -H""-'<,2.W"" June 18,2001 Lorraine Netherton Federal Way Domestic Violence Task Force 3001 South 288"' #219 Federal Way, W A 98003-7936 Dear Lorraine: d /fYÝ~ Thanks for your letter inviting me to attend a meeting of the Federal Way Domestic Violence Task Force after the end of the Legislative Session. I appreèiate you thinking of me. I won't be able to attend meetings in July or August. In July, I'll he attending a program at the John F. Kennedy School ofGovemmént at Harvard University and in August will be vacationing. with my family. My daughter graduates from Federal Way High Sehoolthis month and my son will begin 9"' Grade in September. So my husband and I want to spend August as a family. This fall would be a good time for me to sit in on one of your meetings. In the meanwhile, please let me know ifthere is anything I can do for you or the Task Force. I look forward to helping. Thanks for your work on this critically important issue. Sincerely, Tracey J. Eid State Senator 30th Legislative District Committees, Fd",,";,,'..\'n'('h,,;,. Fm;""""""'.F"...g",\\,"n' H"b. To"""""",;"" """",.d ~.~.." "', ¡ 06/:2'2/2001 13: 31 2538359976 "FEDERAL WAY VOJTH I MONITORING & RESPONDING I I 334~, JUDICIAL CONDUCT AND ETHICS ¡¡very p.rtio.p.nt in the eourtroo'" should h. mated with conoidemion .nd re.~ct by teprooeominl uf the court. The judge il ultimately responsible for en,uring that the coumoo'" eovitonm.nt remain. hospitable ond apptop""" . H. or .h. I. np..ted t. h.h.v. In on unblu.d n"nn.. ond t. hnld hi. nr her ".ff up '0 .imil.. Standard,. LIkewise, the Jud.. I. ..~ulred to conduct hot ot his penonal dealing, in . maoner tJut will oat eomptomlse the impartiality of the ..' couru. Each..." has a ... of I.", that outline Judicial conduct and «hies. often ba..d upoo the 1980 Judie..! Councils Rcfotm aod Judicial Conduct a.d Di..biliti., Act. Th..e usually iuclude the following cano." A Judg. .hoold uphold tbe Inteacity and indepeoden« of ,h. Iudiciary. A Iudg. .hould ovoid Imptopri.ry and rbe '1'1"""" of impropriery in ,II tbe Judg.', action.. ^ Judj. sbould perform [h. duli.. nf IlIa or her office impatti&.lly oDd dlll.eotir. A Judge may engag. in octivià.. 10 Improve the law. the legal 'yote",. and [h. odmin;""rion of jo.cicc. A Jud.. .hould regula.. e."a-udicial ocrlvhl.. to minimi.e tl1. risk of conflict with hh or ber Judicial dutieo. A Judg, ,hould regularly file reporu of compe.urion received for quasi-judicial and e"u-judidal activiti... A Judge ,hould ,.C~ajo from political activity Inappropriate [0 his 0' h.. j"dicia! o~. Sbould a "dge violate the'e canon'. or appe.. unable '0 fulfill hi,/he, duti.., a complaint ",ay be filed ...inn him/he, with the It"C', JudIcial conduct otl,nindon (fat a fullU"lns, pl..,e conra.. the Americao Judicature Society). Complain.. may bc filed br any memher of the public. la"'7.'" juclS'" at the .tafT of the Judicial conduCt o'ioail"ioo. Theae otgtn¡udon. ho.e ,he 'u,lood,y. if tloe complaint Ind .ub.e~u'"t ¡nve,dlotion provldo cleo, oDd convlncinl evidence, t. impolC dhclpliøar7 acdonl 'anging f,om a p,;.a" admo- nition [0 permanent "",ovol from tho bencb.. I[ i. imp.ttan' to note that t..e.,ch ia incrcuiD¡ly .howing how judicial conduCt and demeanor ,end. a powe,ful me'..g. to the vic.;m. of violcnce. thc offende... and the public about tbe ,..iouln... of tbc.. c,imea. How..... cnmplli"" as.ln.t judg., should IIOt be filed without careCul conoidcration. In .,dcr to be an aCtive partlclpanr in the .£forts to reform the -- PAæ'02'" WATCH , ""1'- ,- ~I ." ,.: ,. .. .. .. ... ... .. II .. . . . .. . . . . . . . . . . .' . . . . . .. .. . . .. .. .. .. .. .. . RECEIVED 92001 David Moseley, City Manager Federal Way City Hall 33530 First Way So. Federal Way, WA. 98003 AUG CITY OF FEDERAL WAY CITY MANAGER'S OFFICE July 25,2001 Dear Mr. Moseley, I am writing on behalf of the Federal Way Domestic Violence Task Force. As you know, domestic violence is an important issue to the citizens and lawmakers of Federal Way. I am hoping that we will be able to count on you to designate someone from the City to represent you, and this city on our Task Force. I feel certain, that as the City Manager, you are also concerned about this issue, and it is vital that there be representation from your office. We meet on the third Thursday of each month, from noon until two P.M., in Council Chambers, as a brown bag lunch affair. We have created three sub-committees. The first is dedicated to the fonnation of a victim impact panel, such as the city of Fife has so successfully built, for perpetrators to be ordered to attend. That committee also monitors our courts, and keeps in touch with lawmakers. We cUlTently have State Representative Maryann Mitchell scheduled to attend on August 16th, to discuss our needs and concerns, and Senator Tracy Eide will be joining us this fall. The second is the Education/Media committee, which will be training school counsellors in domestic violence, speaking to school children, providing resources, referrals, and alternatives to what they now have, and raising awareness in the community. The third is dedicated to the funding and staffing ofa shelter in Federal Way, that is so desperately needed. Each committee has it's long-tenn goals, and each member sets monthly goals toward that end. If each member does one or two things each month, by the next meeting, as a group, much is accomplished, without undue burden on anyone. We do require a committment of sincerity, and attendance. And the community we care so much about is the benefactor. I hope we can count on you for help with this important issue. Thank you for your attention. Sincerely, ¿~ .. , ~~, j~~ m:: Federal Way Domestic Violence Task Force (253) 941-6905 FEDERAL WAY DOMESTIC VIOLENCE TASK FORCE Federal Way City Hall, City Council Chambers Welcomes State Representative Maryann Mitchell Special Agenda Thursday, August 16,2001 12:00 P.M. to 2:00 P.M. LEAD BY LORRAINE NETHERTON, CHAIR I. II III. IV. V. Introductions Penalties a. Tougher penalties for repeat offenders b. Tougher, more in-depth programs for repeat offenders c. Mandatory minimum sentences d. Remove deferrals e. Other Automatic Protection for Children a. Supervised visitation or no visitation, served at 3ITaignmentL b. Failure to pay child support results in 3ITests, revocations c. Immediate order to pay child support d. Ifmental health evaluator recommends psychological evaluation, court MUST order it, and follow through. e. Assault in ITont of children should be an additional crime f. Other Mandatory Training in Domestic Violence a. Judges b. Prosecutors c. Police Officers d. School Counsellors e. Teachers f. City Officials g. State Workers, DSHS etc. h. Doctors i. Hospital Staff j. Other Additional Protection for Victims a. Perpetrator can be taken into custody at any time, for a period sufficient to allow the victim to relocate b. State provided resources for cultural issues c. DSHS funds for motel vouchers and relocation d. Other 8l301NethertonDVletter August 14, 2001 Lorraine K. Netherton, Director Federal Way Domestic Violence Task Force P.O. Box 4779 Federal Way, Washington 98063 Dear Ms. Netherton, Thank you for your recent letter regarding the Federal Way Domestic Violence Task Force. I certainly concur that domestic violence is a major issue in our society and presents very difficult problems to our criminal justice system. I appreciate all efforts to address this growing dilemma. Your letter asked me to appoint a person to attend the monthly Task Force meetings. As I'm sure you are aware, the City is very dedicated to an effective domestic violence task force and, from the most recent membership list I have seen, several City staff currently attend the task force meetings including Shelley David, Cathy Williams, Gmjit Pandher and Del. Latoynia Ramson-Harvey. I am sure these persons represent the City very well. I will discuss your request with other parts of City government to determine if additional City representation would be useful. Thank you again for your letter. I very much appreciate the dedication you and others have provided in this important and difficult issue. Sincerely, David Moseley City Manager David Moseley, City Manager Federal Way City Hall 33530 First Way So. Federal Way, W A.98003 June 24,2001 Dear Mr. Moseley, It has come to my attention that the city is considering the renewal of Judge David Tracy's contract. 1 feel that it is vital that you know what has been found as a result of our Courtwatch Committee efforts, as well as incidents in important community meetings. Judge Tracy stated in court to a domestic violence offender, who was before him for a second offense, in which the victim was pregnant, and I quote, "I've seen worse assaults, so I'm going to PR you". The offender was even supposed to be in a d.v. perpetrator's program at the time, and had not complied. The message to the perpetrator here is totally unacceptable of a Judge. Judge Tracy has made that statement more than once. In another case very recently, a domestic violence victim was on the witness stand, attempting to testify, when she broke down and cried. Against all ethics, he LAUGHED at the victim in OPEN COURT, before saying, "I realize this is hard for you, but we can't understand you". He has done this on several occasions. This re-victimizes the victim, and is also completely unacceptable. It often takes years for a victim to overcome their fears enough to finally come forward, puts their life at risk, and they are depending on the court TO PROTECT THEM, AND GIVE THEM JUSTICE. He has apologized to defendants for having to place an No Contact Order on them, and stated that it might be appropriate to place one on the victim, but "unfortunately" does not have the authority to do so. There have been SO FAR two cases where he released defendants who, within days assaulted their victims YET AGAIN. This should NEVER have happened. Further, this judge has refused warrants on perpetrators who represent a major danger to the victim, had caused significant injury, and had little or no ties to the community, because "it was too close to Thanksgiving". Even lay persons know that domestic violence increases during the holidays. As a professional, the judge has a legal, moral, and ethical responsibility to protect that victim. Judge Tracy's demeanor has been as if he wants to be a mend of the defendant. He has been witnessed saying, "the Prosecutor is not present this morning, so I'm not going to take any guilty pleas this morning, ifthat is o.k. with you?" This was asking defendants if it was o.k. for him to do his job, clearly placing control in the defendants arena. When the defendant states that he cannot afford a treatment program, Judge Tracy agrees that maybe they shouldn't have to go through a program, but tells the defendant that he has no choice, thus giving the defendant the idea that even the judge thinks he shouldn't nave to go to any treatment. At the last meeting of the Federal Way Domestic Violence Task Force, he insulted a distinguished counsellor, Ginou Tapp M.S., M.S.G., C.C.C.J.S.T., C.C.D.Y.m, of Federal Way Youth and Family Services, by saying, "offender treatment programs don't work", five times in one meeting, greatly offending a highly trained woman who has put out great effort to serve this community with all her heart. When she finally told him she was offended, he would not apologize, creating a great rift between the Task Force and the court. As with any crime, the program works for offenders who choose to make these changes, and apply the counsel to their lives. New programs are needed for those who don't. Judge Tracy has not taken d.v. cases seriously, much less repeat offenders. (ìinou Tapp has written many letters, to the appropriate people, iQ regard to developing a coordinated community response, including Judge Tracy, which I have enclosed, and received no response but eXC\lses. The City of Fife has developed an extremely effective Victim Impact Panel, that is used by many jurisdictions. So many, in fact, that they have standing room only and have encouraged us to, and offered to help us develop one. Judge Tracy, while supporting it verbally, including the rediculous statement that he wishes he could sentence perpetrators of domestic violence to go to one victim impact panel, instead ofa d.v. treatment progrl\lll, has refused to help us access the use of the court for this purpose, as Fife does, because we need police presence, and metal detectors. This City MUST address the problem of domestlc violence. Judge Tracy is a1so given to ordering Anger Management treatment, instead of Domestic Violence treatment. The treatment ofD.Y. is specialized for very important reasons. D.Y. offenders' behavior is like that ofa serial killers', ill that th.eir pattern ofbehavior escalates uQtil their victims die, unless they are stopped. I'm sure you are aware ofthe recent violent deaths in this city as a result ofD.V. situations. Any and every specialist in this field can corroborílte this, and is covered in the research provided. I would urge you to read this material, it is very enlightening. He ca1Jed a "quarterly meeting" of court people, prosecutors, police, and others, to discuss domestic violence issues. Not a single member of the Task Force was included. This Judge is here to serve this community, as are we, and has failed the community he is here to protec1; and serve on every level. All this disregard, insensitivity, and hann, has been IN SPITE of the fact that Judge Tracy has, not once, but TWICE received training in domestic violence issues under the renowned Doctor, Anne Ganley, who is considered by many to be the country's foremost educator on the subiect. Our Task Force has contacted Senators, and Representatives who are even now scheduled to attend our meetings, Representative Maryann Mitchell in August, and Senator Tracy Eide this fall, They have whole-heartedly done so, are very concerned about domestic violence, and are conunitted to solving the problems, and serving the community they represent. US. I'm sure that they would Qot be happy with the statements made by this.judge, in our «ity, where this court was created for these specialized needs. It was for the specific purpose of TAKING DOMESTIC VIOLENCE SERIOUSLY, taxpayer money was spent on it, and it is the intention ofttle ta~k force to make sure it happens. Under these circumstances, where Judge Tracy has not kept up with the. needs and concerns of the fastest growing city in King County, has hanned the victims and placed lives at risk that he is sworn and obligated to protect by law, he is an embarrassment to this community, it"s officials, and a detriment to all the expense, and effort of the creation of our domestic violence court, as well as a possible financial, legal, and life-threatening risk. We are currently considering filing a complaint with the Commission on Judicial Conduct. I ask that you seriously re-consider the renewal of his contract, it's reflection and liability to yourself, this community, it's officials, and everything we are all striving to accomplish. Enclosed is research, gained at long effort by many, that will support everything I have stated here. I also ask that you would not further damage all the progress made by this city to address this issue, and it's creation of a domestic violence court, by finding a Judge worthy of it, who will be an example, and an asset to this fast growing city in the coming years. I would, on that note, like to extend my appreciation for the fairness, and sensitivity of Commissioner Platter, in the performance of his office toward victims, and offenders alike. My Heart in Service, ~.~ Lo:mn7r::,0;~ "-J Federal Way Domestic Violence Task Force €Inc. lkn/LKN Attachment "C" Materials from Judge Tracy MUNICIPAL COURT 34004 9th Avenue S Building A PO BOX 9717 (253) 835-3000 Federal Way WA 98063-9717 July 16, 2001 Dave Enclosed is the following infonnation relating to the Domestic Violence Task Force. -List of individuals who have been to meetings. This is not an all inclusive list. The Court has attended these meetings at times, too. -E-mail to members of Quarterly Meeting on DV cases -Domestic Violence Procedure Outline (attached to above e-mail) -Letter from DV Task Force dated 6/27/01 -Letter from DV Task Force dated 6/28/09(postmarked 7/10/01) -Letter from DV Task Force dated 6/30/01(postmarked 7/09/01) -Court's response to letter dated 6/27/01. Court does not intend to respond to other letters. -Letter dated 6/29/01 to Judge Bums and his response. I attended the last DV Task Force Meeting although I left before it was over. The Task Force had set up a meeting with me for the next Wednesday to review and provide me with input on the Domestic Violence Procedure Outline. That Wednesday they cancelled the meeting. Then these letters started. Page 1 of 1 David Tracy - DV cases From: To: Date: Subject: David Tracy Cluis Norman; Derek Mathesou; Gina Hoffinan; Gurjit Pandher; Robert Sterbank; Sandra Warter 02/27/200110:31 AM DV cases To All: Attached is a list of ideas, thoughts, eoncepts to consid... while dealing with DV cases. These have come limn roseussions I have had with othen and articles I have read. This is an...eo that I believe mo", could be done and I "'" sme that all of yon have thoughts on how to improve the ""ponse to these ...es. I wonld like to bring this issue up at the quart...!y meeting whkh I believe is now set in April. I do not intend that we discuss the snggestions themselves but that we discuss wheth... a committee should be established to meet ",gol...ly to discuss these concepts and try to put togeth... a program satisfactory to all of us. I hope you would feel liee to ask othen in your departments for their thoughts and add those along with your own on ...eas to consid.... I will also send a copy of this e- mail and the attachment to the public defenden and the probation department. Fill fiee to send your thoughts to me and I will put all communications into a packet for all to have at the quart...ly meeting Judge file:/ /C:\ WINDOWS\TEMP\GW}OOOOI.HTM 07116/2001 MESTIC ViOlENCE PROCEDURE OUTLINEdoc Pa DOMESTIC VIOLENCE PROCEDURE OUTLINE 1. Bail-use electronic home monitoring on a pre-trial basis with a no contact order. This is a step between just a no contact order and requiring significant bail which probably would result in an in custody matter. Although there are arguments against it, there could be a requirement to follow a 60 speedy trial rule. Could GPS technology be used to monitor the defendants whereabouts including how close he has come to a victim? 2. 6O-day rule-process all DV cases on a 6O-day policy. There will be times that this policy will not work but it may bring faster results for the victims and other witnesses. It may require that the prosecutor be prepared to give discove¡y and reconunendation to the defense attorney quickly. It may also require consideration of appointing the public defender more often to avoid the delay of obtaining private counsel. I know some jurisdictions have tried this but I do not know which ones or with what success. I know Superior Court is trying a fast track procedure with drug cases where the prosecutor and public defender are exchanging infonnation and accessing the situation within approximately 5 days. If consider, we should contact courts that have done this to evaluate effectiveness. 3. Establish a Victims Impact Panel. This has been done in other jurisdictions with positive results. We are currently sending some DV cases to these panels. There is some talk that Batterers treabnent is not really all that effective but that these impact panels are. Maybe we should consider impact panels similar to AA meetings and require more than one session. 4. Batterer's treatment-As I have said earlier there is some discussion whether this program is really effective. However, the current issue is whether the treabnent programs are doing what they should do. A number of courts and probation departments in the South end are meeting to detennine how to respond to this problem. That may include monitoring and requiring additional conditions to qualify as a program that the courts will accept. S. Arrest-should an arrest warrant issue on eve¡y domestic violence assault as soon as possible after the incident? 6. Children-Should some resource such as CPS be notified whenever children are involved even if the violence is not directly against them. Should we require the defendant to file a petition with Superior Court to resolve the custody, visitation, financial issues that the Municipal Court can not handle? Should we somehow establish a fund for daycare for witnesses with children? 7. Sentence-Should fIDes and jail terms be low to provide for treabnent, etc 8. Probation-all probation hearings are made court hearings so that a failure by the defendant can then be brought directly to court or a bench warrant may be issued for failure to appear. 9. No Contact Order-Rescinded only after the victim as been to 1,2, etc counseling sessions. This sounds vindictive but really trying to provide support for victim and keep the defendant away until she does. 10. Direct filing-should domestic violence cases be filed directly so there is less delay. 11. Police response-should the police department put warrants for domestic violence on a MESTIC VIOLENCE PROCEDURE OUTLINE.doc p 2 priority'l 13. Child Support and Visitation-what if anything can a municipal court do with these issues? Could the defendant be required to file an appropriate petition in Superior Court? Could be another fonn of harassment or control over the victim. 14. Restitution-œuld this be used to reimburse for expenses for victim including support? .~ V'œtim Panel / Court Watdt j;¡~ ~1-fEDERAL WAY DOMESnC VIOLENCE TASK FORCE The mission oftbe Victim Panel and Court Watcbis to make the criminoljustice system more effie/We and responsive in handling crìnres of yjolence,particular/y against women and children, and to create a mare informed and involved public. 6/27/01 Attention Judge Tracy Federal Way Municipal Court - HAND DELIVERED CC: Federal Way Task Force Chairperson Lorraìne Neterthon Dear Judge Tracy: I am sending tills paperwork to your attention to follow-up on severatitems YOij discussed at the Task Force and in one of the memo we received" Domestic Violence Procedure Outine". As you noticed, I have been offended by the public comments you made, on several occasions regarding Domestic Violence Treatment Programs. I happen to represent such programs and it has been disturbing to hear you repeat this over and over agaìn and compare one program to another without any foundation. I am, therefore, enclosing some infonnaûon to your attention that may help you get a better understanding as to what Domestic Violence programs are all about and what they are not. It should also help you focus on the Treatment Programs in the city ofF~eral Way only. After all, no one can be responsible for programs that are not productive outside your/our jUrisdiction, I am the chairperson for the Victim PanellWatch Court comnnttee. Therefore, I would like to know if your Court would like to cöoperate with the Victim Panel committee to create a Victim Panel for and in the Cìty ofFèdèral Way? Providing a room for that purpose will not be enough. We may need additional support ITom you to finalize such a pr9iect. Last, but not least, we are developìng a Court Watch Program that has already started a few months ago. Any person ITom our program will have a badge and should identifY him/herselfto your attention. You will be updated 'about ìt in the coming weeks. 33705 9th Ave. S. -- Way. WA w003 p.o. Sox 4779 -., Way. WA 98063 E~: 30 pages inc\. DVTP WAC & standards of care. p"",,", 25~5 Fa", 25",,"5-997" Ema": ginouI1!IfWyfs.org ..~ Vlctint P8llel / CourtW 8tda "i' :~#~EDERAL WAY DOMESTfCVIOL:£NCE TASKFORCE The mission of the Victim Panel and Court WafdJ is to mI1ke the criminal justice system more effective and responsive in handling crimes of violence. particularly QgOinsJ women and children, and ta Cl'eote 0 more informed and involved public. Attention Federal Way Municipal Court TO ALL PARTIES INVOLVED: Judges, Commissioners, Court personnel, Defense attorneys - Prosecuting attorne~- Legal and Victim advocates. TO WHOM IT MAY CONCERN We would like to bring to the Court's attention the presence of some volunteers who wil1 be sitting in Court and report to the Court WATCH committee. Please, read our objectives, our priorities and what WATCH is not, in the enclosed documents. You wil1 be able to recognize al1 our volunteers with their WATCH badge. Enclosures :2 ~ 33705 ""'A"". S. F<d"'alW.,.. WA 9800. P.O. Sox4779 -W.,..\VA 98063 """""' 2S»3S-9975 Fox 253-8$9976 E""""~"'9 .1fí\ Vicdm. Panel! Court Watch , s;~ t~;'EDERAL WAY DOMESTIC VIOLENCE TASK FORCE The mission of the Victim Panel and Court Watch is to make the crimina/justice system 6/30/01 more effective and responsive in handling crimes of violence. particularly against women and children, and to create a more informed and involved public. Attention Federal Way Municipal Court To: Judge Tracey, G. Pander, Renee Miller, Veronica Alicia-Galven Cc: Court Watch volunteers - Victim advocates for the FWMC. The following has been brought to our attention by the Federal Way Domestic Violence Task Force and Court Watch volunteers : 1. Perpetrators of Domestic Violence are refèrred to Anger Management education classes instead to Domestic Violence Treatment Programs (12 weeks instead of one year therapy treatment). 2. Some defendants in Domestic Violence cases do not get penalized for not being in compliance with Domestic Violence Programs. 3. Victims are not being treated respectfully while on the witness stand. 4. There are times when the judge does not take "guilty pleas" if the prosecuting attorney happens not to be present in the courtroom. 5. FWY&FS DVTP bas seen a serious decline in perpetrators in treatment since May and June 2001 (50% less). We are not aware of others DVTP statistics in Federal Way. All of the above is of some concern. We would appreciate some feedback to the Court WATCH committee as soon as possible. Thank you. Respectfully, ~ Chair,Court WATCH committee Cc: L. Neterthon, Chair FWDVTF 33705 9th Ave. 50 Fede",rwoy.WA 98003 P.O._4779 Feder>lWay. WA 9ÐO63 Phone: 253-835-9975 Fax: 253-835-9976 ema¡"ginc>lJt@fiNyfs.<>g ""-'", ~,..,¿;,: ", ...:-- MUNICIPAL COURT 34004 9th Avenue S Building A PO BOX 9717 (253) 835-3000 Federal Way WA 98063-9717 July 12, 2001 Ginou Tapp 33705 9th Ave. S. P.O. Box 4779 Federal Way, Washington 98063 Dear Ginou Tapp: Thank you for your letter dated 6/27/01. I always appreciate additional infonnation to review. It is comforting to know that there are programs for Domestic Violence Batterers Treatment in Federal Way that follow the letter and spirit of the WAC requirements. Although I wish there were more options and some way to evaluate persons to determine what programs would be best, I do order the current batterers program most of the time. Better reporting wmch is what the courts in South King County have been working on will help be sure that all programs are doing as well as those in Federal Way. I have heard of two to three year programs in other states that are being praised. I have not heard of any program that is less than one year and believe that the current belief is that one year is the minimal length of program for most individuals. However, I have had at least one agency indicate that they did not feel that the person evaluated needed batteTer's treatment. If true, I would still have wanted to send him to some kind of program that at a minimum would have educated him to the issues. A1J a Judge, I need to be aware of all sides to these issues and the fact that I do explore other possibilities to respond better to these types of crimes does not mean that I do not use what options I do have. If I do not explore options than there is no ability to improve the response. That is why I started discussions on how to improve our response with an outline of areas to discuss. This outline was only for listing issues to discuss among city departments. This was not the policy of the Court. That outline has resulted in additional infonnation and some interesting responses. You have asked the Court to be more involved with the Domestic Violence Victim Impact Panels. A1J you may know, I have attended the program in Fife and was very impressed. While I do not believe that it is the total answer to this problem I believe it is part of the solution. I encourage the Task Force to start a similar program here. However, the Court and its staff cannot be involved with the program. A1J I stated at your last meeting, there has been an ethics ruling that does not allow for the Court or its staff to be involved with these programs even as a volunteer. Enclosed is a copy of the ethics decision. I will not violate that ruling. I made some inquiries about the ability to use the courtroom and learned that there may be security problems requiring court staff to be involved. Until those issues are resolved, the courtroom will not be available. , Again, thank you for your information and interest with these serious issues concerning domestic violence crimes. lfullY' avid Tracy Judge, Federal Way Municipal Court 7-'6-0'; '0040 ;Auourn Mun' Court ;253 804 50" .~ ;: ,,~ Vù!tim PtlDd¡ ßourt w...... ""~1S '>t:J:EDERAL WAY DOMESTIC VIOI.ENCE TASKFORCE The mi.uion of the Victim PanellindCOIIFJ Watch is to malæ/healm/noljusli""S)1s/em more effective ond responsive iiI handling crimes of violence, ¡x»1Îculorly against women 6/29/0 I and children. /HId to C1'f!Øœ J;J mare Informed and Jl1Volved public. :":Attention Judge Pat BURNS - Auburn Municipal Court Probation Officer Gregory Bockh - Auburn Municipal Court CC: Judge McSeveney - Kent Municipal Court Judge David Steiner - King County District Court Fedeml Way Domestic Violence Task Force Chairperson: Lorraine Neterthon Maureen Kelly - DSHS, Olympia t/tf () ó~ -1«,. c,>., " ' Dear Judge Burns: " , " , !, '" 'on <C ' <;¡).. '7 '$3 ~~ There has been a sequence of incidents in the City of Federal Way since your group (?f> decided to hold meetings between judges and probation officers about Domestic Violence Programs. Correct me if! am wrong, Melanie Sshwankl- Federal Probation Officer TBI - told me those meetings started by the Auburn Municipal Court. I first was told it was Judge Mc Seveney - Kent Municipal Court - who was leading them. This may have been a mistake. ' As a result of these meetings it has become common knowledge that your group is considering that "Batterers treatment do not work but that victim panels do" to quote a judge from Federal Way Municipal Court. It became also common knowledge that "Domestic Violence Treatment Providers do not provide the court with what they want, etc. etc..." All of the above was said in front of professionals from diverse background and in front of myself who represents the Victim PaneVCourt Watch committee for the Domestic Violence Task Force. All of the above is stated back on wIDte, as well. I am a program manager for a DVTP since several years, highly trained in the DVTP field (the same stands for my colleagues in this field), workIDg overtime 7 days a week, being most probably very underpaid and devoted to the community I serve including all victims and helping all defendants who decide to be rehabilitated. I have tried, personally, to work closer with probation since 1998. A distinguished probation officer told me: "there was not time to meet with her and her team", I also called the Federal Way Municipal Court to meet with all their staff: I was told to send a proposal for an agenda, which I did. We are now nine months further down the road and I still have not heard from the Federal Way Municipal Court. 337OS9'"^,,,,$. F......,Way. WII """"" p,o, _'77" FederolWay.WII 98063 -. 253<135-997' fu; 253<135-9976 en..H:~org 7-'6-0'; '0;40 ; Auburn Mun I coun ;2536045°" I have written to Judge Steiner in order to tIy to establish a COORDINATED COMMUNITY RESPONSE in the Domestic Violence Field. He called me back, but no solution/coopemtion was offered to me. I am, therefore, deeply offended by this DVTP bashing and still deeply concerned that only the court and probation officers seems to be the "Master of their Castle". I know that I speak in the name of several DVIP because I am not the only one offended by all of the above, as a matter offacL Melanie Shwankl- TBI probation - told me that your group of Judges and probation officers are planning to meet in the near future with some DVIP. It is my humble opinion that the DVIP wheel should not be reinvented. Everything is already in place to address the issues of "bad programs". Please read a copy of our WAC. This should be an issue to decide by people in charge of auditing these programs. But, if the discussion is about cooperation, please be sure that tlùs has already been tried by people like myself... without any success or response from probation and the court. The solution should include all DVIP serving your area or South King County and the people who represent the DVIP WAC in Olympia. They make the rules, we do not. You want to change the wheel, they should probably know about it. I am. appealing to your goodjudgrnent to STOP helping some people denigrate good programs. These work for the perpetmtors and for the victims. This is proven by research in this field. The reality is that they ONLY work as part of a COORDINATED COMMUNITY RESPONSE, which I mentioned already over and over again since years. The generalization about the programs is what really bothers us. Respectfully, ~ Cccjs, Ccdvc-ill Enclosures: 2 7-'6-°';'°;40 ;Auburn Mun' Court ;2538045°" 3/ Patrick Burns Subject: ginout@fwyfs.org Bonnie Kosko (E-mail); Bob MçSeveney (E-mail); Maureen Kelly (E-mail); Greg Bockh (E- mail); David Tracy (E-mail); david.steiner@metrokc.gov; Melanie Schwankel (Business Fax); Peter Lukevich (E-mail); Terry Jurado (E-mail) Your letter of 6/29/01 July 6, 2001 Ginou Tapp Federal Way Domestic Violence Task Force 33705 9th Ave. So. Federal Way,. WA 98063 Dear Ms. Tapp, I received your letter of June 29 today. Clearly, you've been the recipient of some really wild and false rumors. Various municipal courts and their probation departments from south king county have decided to work together to address the issue of how to make domestic violence perpetrators more accountable. Those courts besides Auburn include Federal Way, Kent, Renton, and Tukwila. Nothing we have been discussing in any way could be characteriZed as a threat to domestic violence treatment providers (DVTP). In fact, all we are trying to do is come up with some stratagems for working more closely and effectively with DVTPs. Our only goal is to work with the DVTPs to see that the amendments to WAC 388-60 adopted at the end of April """ fully implemented. To thai end we thought it might be helpful to everyone involved if we had a uniform monthly 'rting form available that the various DVTPs could use in reporting the compliance (or lack there of) of perpetrators in ,,_dtment. We have been in the process of, but have not yet completed, a draft reporting form, When we get a draft form done it is our intent to meet with and seek the input of the various DVTPs in the south king county area. It is anticipated that use of the form (assuming we can all agree on it) would be voluntary on the part of the DVTPs. I do not know what the source of the "common knowledge" is that you refer to but it totally wrong. There has never been any discussion about doing away with DVTPs or anything close to that There has never been any discussion about changing the treatment approach for DV offenders from what is contemplated by the WACs. We have absolutely no intention of "reinventing the wheel," or anything like it. To borrow your "wheel" analogy, all we're interested in is how to oil it and make it spin more smoothly and efficiently. I would hope you agree that this is a worthy goal. I hope this addresses your concerns, if not feel free to contact me. Yours truly, Patrick Bums Auburn Municipal Court Judge .~ FEDERAL WAY DOMESTIC VIOLENCE TASK FORCE ¡COUNCIL "ORDINARY PEOPLE MAKING EXTRAORDINARY CHANGES" Present at meeting on Thursday, October 26,2000: OksoonPark Carol Stopper Donna Williams Steve Herndon Camron Parker Ginou Tapp Korean Christian Counseling Soroptimist YWCA Valley Cities Counseling/Consulting F.W. City, Human Services F.W. Youth and Family Services Kelsen Shelly David Cathy Williams Jayne Starling DAWN F.W. DV Legal Advocate, City Funded F. W. DV Legal Advocate, HS Funded F. W. DV Legal Advocate, Volunteer Darin Chong Linda Felton Advancing Leadership 200llRotary Spectrum Counseling & Assessment Srvs. Phil Griffin FW Youth and Family Services Lisa Wolff 'FW Youth and Family Services Gwjit Pandher FW Chief City Prosecutor Det. Latoynia Ramsom-Harvey FW Dept of Public Safety latoynia.ransom@ci. federal-way. wa. us 253-661-3745 253-946-8742 425-255-1201 253-520-9350 x 3316 253-661-4153 253-835-9975 x 157 253-839-3313 425-656-8423 253-661-4027 253-661-4027 253-661-4027 253-661-4189 fax 206-431-1670 206-824-4186 206-870-6075 fax 253-835-9975 253-838-0072 253-661-4027 253-661-4574 MEETING DATE: December 18, 2001 ITEM# ~ Ca) -------------------------------------------------------------- -- - ----- ----------------- - ------------------------------------------ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: City Code Revisions for Solid Waste and Recycling CATEGORY: BUDGET IMPACT: 0 0 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contiugency Req'd: $ $ $ ----------------------------------------------------------- --- -------------------- ATTACHMENTS: Memo and introduction ordinance to Finance, Economic Development and Regional Affairs Committee dated November 28, 2001 ------------------------------------- - ---------------------------------------------- --- ---------------------------------------- SUMMARYIBACKGROUND: The proposed revisions ensure continuity with the new Comprehensive Garbage, Recyclables and Yard Debris Collection Contract (ftanchise agreement) with Waste Management, Inc. The goal of this Code revision process is to consolidate and simplify the Code, and eliminate superfluous provisions. The proposed revisions are also intended to minimize unnecessary regulatory impacts to ratepayers. With limited exceptions, the -"posed revisions are designed to instruct generators in handling their garbage, rather than instructing the hauler on how go about its business - since this is the focus of the new fi-anchise agreement. These City Code changes are intended to go into effect in conjunction with the start ofthe new fTanchise agreement on January I, 2002. A strike-out/underline version ofthe proposed changes to the City Code is attached to this memorandum. In addition to revising definitions fTom Section 12-1 to reflect the new fTanchise agreement, highlights of the revised Code include: * Adding additional flexibility for the City to designate disposal location(s), allowing for potential lower-cost disposal options (Section 12-2). *Repealing a conflicting statement regarding exclusion of County powers (Section 12-3). These powers are already excluded as delineated by the existing Solid Waste Interlocal Agreement with King County. The reference to RCW 70.95.160 could imply that the City desires to forgo Health Department support in solid waste enforcement, which has not been the case in practice. *Updating regulations concerning scavenging and ownership of wastes, and clarifYing that commercial recyclables may be collected by parties other than the contracted Service Provider (Section 12-4). *Eliminating provisions for the City to participate in regional Commercial recycling programs, as this service is not regulated through our fTanchise agreement (Section 12-5). Commercial recycling has been substantially "deregulated" since this code was first adopted, and these services are now available on a "fTee market" basis. * Adding authority for the City to prepare fi-anchises or agreements in extending City authority to annexed areas (Section 12-6). *Clarifying provisions concerning both illegal dumping (Section 12-22), and requirements for sufficient container capacity for garbage (Section 12-30). *Setting requirements for proper home composting (Section 12-23). *Revising weight limits and usage parameters for various container types and sizes to reflect the new tTanchise agreement (Sections 12-24, 12-31, 12-34, 12-35). *Adding provisions regarding "Public Nuisance" resulting from improper waste handling (Section 12-36), provisions for handling hazardous waste (Section 12-38), and provisions for suspending service to problem customers per the franchise agreement (Section 12-39). *Adding provisions regarding disabled service to reflect the new franchise agreement (Section 12-37). *Defining service providers in terms of City authority (Sections 12-52, 12-56). *Eliminating some "Duties Required" that are instead specified in the new franchise agreement (Section 12-55). *Streamlining the format of the Code, so that the City's role is clearly stated within sections, rather than being repeated (hence the repeal of Section 12-57). For example, elements of the City's role are described in Sections 12-21, 12-24,12-31,12-33, and 12-52. *Repealing requirements for billing frequency that are more appropriately specified in the franchise agreement (Section 12-73). Billing frequency is generally a cash-flow versus billing-cost decision made by a hauler, and may also vary by customer account type. In addition, State law would generally apply regarding debt collection (hence the repeal of Section 12-77). These highlighted changes are reflected in the attached proposed revisions to the Chapter 12 of the City Code. On subsequent review, the City Attorney recommended changes to two sections. These changes have been incorporated into the accompanying Ordinance. Section 12-51 was modified to allow self-hauling "to an Administrator approved collection site" as is in the current City Code text. This change clarifies that self-hauling is not allowed by the Code if it results in illegal dumping or other improper disposal. Section 12-52 was modified to specify that Service Providers may operate either under mutual agreement or a franchise. This change was made to reflect that the City may provide "granted franchises" to State-regulated haulers with operations in annexed areas, without requiring the execution of a negotiated agreement. A similar action is proposed by the other SW/R related Ordinance on the City Council agenda, which grants Rabanco a franchise pursuant to RCW 35A.14.900. ----------- -- -------------------------------------------- ------------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance, Economic Development and Regional Affairs Committee recommends adoption of the ordinance by the City Council. ------------------ --------------------------------------------------------------- -- -------------------------- PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on January:!,2001." ~ :~~"E' AFP:O~~: ~~---- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) -------------------------------- COUNCIL ACTION: '1 APPROVED , DENIED D TABLED/DEFERREDINO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # d-.9tf REVISED - 05110/2001 DATE: November 28,2001 TO: Finance, Economic Development and Regional Affairs Committee SUBJECT: Rob Van Orsow, Solid Waste and Recycling Coordinator David H. M~anager City Code Revisions for Solid Waste and Recycling fY~ FROM: VIA: BACKGROUND At its August 7, 2001 City Council Meeting, the City Council directed staff to prepare revisions to the Federal Way City Code to reflect the revised Solid Waste Utility service structure and the new solid waste service contract that resulted from the City's recent Request for Bids process. These proposed revisions focus on Chapter 12 of the City Code. DISCUSSION The proposed revisions ensure continuity with the new Comprehensive Garbage, Recyclables and Yard Debris Collection Contract (franchise agreement) with Waste Management, Inc. The goal of this Code revision process is to consolidate and simplify the Code, and eliminate superfluous provisions. The proposed revisions are also intended to minimize unnecessary regulatory impacts to ratepayers. With limited exceptions, the proposed revisions are designed to instruct generators in handling their garbage, rather than instructing the hauler on how to go about its business - since this is the focus of the new franchise agreement. These City Code changes are intended to go into effect in conjunction with the start of the new franchise agreement on January I, 2002. A strike-out/underline version of the proposed changes to the City Code is attached to this memorandum. In addition to revising definitions from Section 12- 1 to reflect the new franchise agreement, highlights of the revised Code include: Adding additional flexibility for the City to designate disposal location(s), allowing for potential lower-cost disposal options (Section 12-2). Repealing a conflicting statement regarding exclusion of County powers (Section 12-3). These powers are already excluded as delineated by the existing Solid Waste Interlocal Agreement with King County. The reference to RCW 70.95.160 could imply that the City desires to forgo Health Department support in solid waste enforcement, which has not been the case in practice. . Updating regulations concerning scavenging and ownership of wastes, and clarifying that commercial recyclables may be collected by parties other than the contracted Service Provider (Section 12-4). SW&R City Code Revisions November 28, 2001 Page2of3 . Eliminating provisions for the City to participate in regional Commercial recycling programs, as this service is not regulated through our franchise agreement (Section 12-5). Commercial recycling has been substantially "deregulated" since this code was first adopted, and these services are now available on a "ftee market" basis. . Adding authority for the City to prepare ftanchises or agreements in extending City authority to annexed areas (Section 12-6). . Clarifying provisions concerning both illegal dumping (Section 12-22), and requirements for sufficient container capacity for garbage (Section 12-30). . Setting requirements for proper home composting (Section 12-23). . Revising weight limits and usage parameters for various container types and sizes to reflect the new ftanchise agreement (Sections 12-24, 12-31, 12-34, 12-35). . Adding provisions regarding "Public Nuisance" resulting from improper waste handling (Section 12-36), provisions for handling hazardous waste (Section 12-38), and provisions for suspending service to problem customers per the franchise agreement (Section 12-39). . Adding provisions regarding disabled service to reflect the new ftanchise agreement (Section 12-37). . Defining service providers in terms of City authority (Sections 12-52, 12-56). . Eliminating some "Duties Required" that are instead specified in the new franchise agreement (Section 12-55). . Streamlining the format of the Code, so that the City's role is clearly stated within sections, rather than being repeated (hence the repeal of Section 12-57). For example, elements of the City's role are described in Sections 12-21,12-24,12-31,12-33, and 12-52. . Repealing requirements for billing ftequency that are more appropriately specified in the ftanchise agreement (Section 12-73). Billing ftequency is generally a cash-flow versus billing-cost decision made by a hauler, and may also vary by customer account type. In addition, State law would generally apply regarding debt collection (hence the repeal of Section 12-77). These highlighted changes are reflected in the attached proposed revisions to the Chapter 12 of the City Code. SW&R City Code Revisions Page 3 oD RECOMMENDATION Staff recommends that the Finance, Economic Development and Regional Affairs Committee (FEDRAC) forward the attached draft ordinance to the December 18, 2001 City Council Meeting Agenda as an introduction ordinance with a recommendation for adoption by the City Council. RMV:dl Attachment: Draft Ordinance Amending Chapter 12 of the Federal Way City Code k:\fedc\2001Iswr city code.doc D'L ORDINANCE NO. DRAFT I~¥tf I AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLES I, II, III AND IV, CHAPTER 12 OF THE FEDERAL WAY CITY CODE, WHICH CHAPTER ESTABLISHES A UNIFORM SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, INCLUDING GARBAGE, RECYCLABLES AND YARD DEBRIS. WHEREAS, the City of Federal Way has adopted the goals and objectives set forth by the King County Comprehensive Solid Waste Management Plan, specifically to preserve the environment and public health through the proper management of solid waste, and to mitigate the impacts of existing and future solid waste handling; WHEREAS, the City of Federal Way has entered into a new contract for garbage and recycling collection services, which includes changes to current services and the addition of new services; WHEREAS, the Finance, Economic Development and Regional Affairs Committee reviewed changes to the Federal Way City Code necessitated by the new contract at its November 2001 meeting, recommending adoption of these changes to the City Council; WHEREAS, the City Council considered and voted to adopt these changes at its December 18, 2001 meeting; and WHEREAS, the City Council desires to revise and amend Articles I, II, III and IV, Chapter 12 ofthe Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section I. Section 12-1 of the Federal Way City Code is hereby amended to read as follows: GRO# . PAGEl 2-1 Definitions. The following words, tenns and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the official of the Citv holding the oflice of Public Works Director, or his or her designated representative. Ancillary Disposal Provider means those persons that offer deliverv, maintenance or clean-up services that bv their nature include a disposal function. Ancillary Disposal Providers must provide a legitimate service other than Garbage collection and disposal services equivalent to those provided bv a City-contracted Service Provider. Examples of AnciHarv Disposal Providers include, but are not limited to: businesses that deliver new appliances, carpets or other furnishings and remove and dispose of the replaced item: cont'actors that self-haul construction and demolition wastes that they produce during the course of their regular business activities: and, clean-up services that include a container or truck loading function in addition to hauling and disposal. Cali me¡ms a City-approved wheeled plastic container that is designed for and used with a hydraulic lifting mechanism, with 35-, 64- or 96-gallons of capacitv: weighing !lQ1.9~.er 35 pounds when empty or 50 pounds pe~ 32-~1l()Jl_Ç?Pacity when full: fitted with a sturdy handle and a coyer: rodent and insect resistant: and capable ofholding c¿ollectedJig!!i.ds \Y.i\hout spilling when in an upright position. City means the City of Federal Way, located in King County. Washington. Collection company shaH mean the person ecliified by +ho Washington Utilities and T !'fIH "PH!,! at iffit-C eJ nrnissKm--F-WtJ+C"-HwFsuan Htt--<:C;ha ptff81."Cn R\-c~W--+tt~ngage-i-H tfle-+Hf5-Ì+tBSS~f'ffatin,; as both a bnrba;;c aRè--refu;¡e-€H!reGtiHtt--cHtttpany--. including an ORD# , PAGE 2 ORD# ~tffi~r the coHeetion of recyclable materials under tfti&-£-flaptef-Ì!Hlr.eas i"eluding all or part oftRe city. Commercial ~eustomer shall-mean~ a non-RFesidential~ customer, includin&- but not limited to businesses, institutions and govemmental agencies and a1l other similar users of non-Residential Garbage c01lection services and those multifamt-ly complexes nol selecting residelltial service fur each unit. Curb or Curbside means on the homeowners' property, within tive feet of the Public Street without blocking sidewalks. driveways or on-street parking. If extraordinary circumstances preclude such a location. Curbside shall be considered a placement suitable to the resident. convenient to the Service Provider's equipment. and mutually agreed to by the Citv and Service Provider. Detachable ~oontainer means a watertight metal or plastic container equipped with a tight tilting cover. capable of being mechanically lmloadèd into a collection vehicle. and which is not less than one cubic yard nor greater than eight cubic yards in capacity. any ;;arbagc or recycling receptacle compatible with the franchisee's eE¡lIipment that is AOt a mini can, standar-d garbage can, garbage unit, or mobile toter. Dr-ep bexes are eensidereè-àetaebable eoRtaiHeFS. Detaffiab!e-t,~are ;;enerally provided by Fodoral V.'a)' Disposal, but Bla)' 8e ewfled 81' customers at the clIstomer's reqllest and witlrthe-fum£hisee's approval. Director sl1a1l BleaB the director of the publío works department. Drop-box Container means an all metal container with ten cubic yards or more ~~P.£çjJV that is 10,lded onto a specialized çQlkçÜ9D vehicle. transported to a disposal or recycling site. emptied and capable of then hcinl' transported back to the customer's sitc. li*gible hou:;ehold shdl mean a resid~f}eet'oH¡.¡;ittifl~-oot more than four dv..clling . PAGE 3 ORD# uuits-aoo-i-n-wI'Iiclt-cach unit rcrci'/cs single fam.iJY-IHlit-ooHcction seryicBS-. Environmental damage shall include, but not be limited to. damages. costs, claims and--~iahi'¡¡tteHèr-allcgcd inju~-eF--<4egmdatÌiliI to the aiF-;--5øi-ls-.sHFlilte-wateHH' groundwlltcr. costs, claims ami liabilities for personal injury or property damages, i n c ~ u tl in g c -<I ¡ ill ¡ flU t ¡ 0 FI--& ~ ft- y- V allle5;--f\ fi&i ng-fr -el H---af-lY-SU ~ injury, haml or de;;radatioH. This term sl1all also include any iHyestigative, re53oHse or remedtal costs or liabilities that may be incuITed or imposed undef-f'ERCLA, 12 USC Section 9601 at seEj.; RCR.\, 12 USC Section 13902 et seEj.; the State '.'later PellHtioH ~ntrol -'\ct, Chapter 90.18 RCV!; the Washington Clean foir f.ct, Chapter 70.91 RCW; the State Hazardous Management f.ct, Chapter 70.105 RCW; the State Hazardous Waste f>ee-Act, Chapter 70.1 05f. RCW; and-e-íher federal or state environmentallavlG. The tOfffi shan not in£lude capital, operating aHa HlaFla¡;emeFlt costs in arromæ-1ee "",itl1 e1:lITent or f1lture standard practices 01' required by appli€flble regulations goyemiHg tl1e operation of solid waste facilities. Extra 1!unit is aefmed asmeans an additional quantity of Garbage or Yard Debris set out next to the customer's regular Garbage or Yard Debris Container. In the case of Can or Cart Garbage service. an Extra Unit shall be the equivalent of 32-gallons of material. In the case of Cali Y aLd_Q~þri~.1~_rvice. an Extra Unit shall equal 96-gallons of material and not more than 65 pOll!1ds of material. In the case of Detachable Container ~larbage or Yard Debris service. _<l]1~Extra ll_nit shall be the equivalent of one cubic yard of material.gaffiage set out iR--a4:ht-ion-to--lhe-amelffi\---&H;crvicc subseFi-bed--to--9y-the ffi5temer, such as lar;;e items as l1oclced-{'hri:;:mas trees and garbage ill bo)(c~;, calioll3, l~ags,garÞage-fe€e ¡¡tacles.-eK'o-I;ad I--c,' If fH l nil-.is.- if It rn--ene--IH;J--galloHs-a nti---shall--+l ot "*€ccd 32 baIloRs, four cubi€--feet--n¡c(,õ,-pmlHtl5-tincluaiHg contents). ,\n e:¡tra-affit-eHafge ,PAGE4 shaJJ- be levied when an Ø)ctm unit is set out by a customer aHd-æJ-!eeteà-by-the-ffimehisee-. Franchise retainage shall meafl the amount of the monthly rate pcr accOImt that shall-ge-retained by the fraFlohisee from actool-eash collections iA-OOH&iti€ration-ful'-fue cost of service. Garbage sRa!l-mean~ all putrescible and nonputrcscible solid and semi-solid wastes, including. but not limited to. rubbish, ashes, industrial wastes, swill and discarded commodities and non-Somce-separated construction/demolition materials that are placed by customers of the Service Provider in appropriate bins. bags. cans or other receptacles for collection and disposal by the Service Provider. The tenn Garbage shall not include Hazardous Wastes, Source-separated materials. Recvclables or Yard Debris.aIl acc'.lnmlation of refuse, swill alliÌ-Bther solid waste matter not intended for recycling OF reuse 8f1d discarded as of no further ','alue to tHe OV.l1er. (I) Refuse shall moan waGte matter, disearded as of no further 'laine, including broken concrete, plaster, briele, other building materials, Imilding '.vaste, fire refuse and waste, ashes, cinders, clinkers, broken up household fhrnishings and equipment, discardeà het water tanks, bottles, bamJls, cartons, paper, æ:d seraps of weeden crates ~",*,*,de large trees, earth, sand, gravel, rock, autoffiooile--BeŒies-and large auto parts. (2) S'.yill shalJ-mean-¡¡1I accumulations of animal, fruit or Yegota~atler,+iquiti or othenvise, that attends the preparation, use, dea!iHg in or storing of meat. fish, fowl, f~egetabJes-. (3) Garbage ~ude~; recyølnble materials intcndcd for recycling un~ ef \aWJf; --y ani~ Willi Ie,~ It H IH If He . ; - - {; e IV i1 g <HIfIt kewa ge-,¡t uti go--. t i€ '* I- itfl i ffi a!& fW e F - -15 - It 0 HI! d 5 ; altd cleani~FHfH-i}Hþþ€-iI(H¡-fnwft!€-€iItchbasins, "..ash rack; OI'-SHffips-.Çøj~&fiHH-üfHI ORD# ,PAGES ORD# ,lispooa~{)f matter excludeà--from-tlIe tenTI "ga~shaJ.l-be-a~efWi.se.-.prov-ided--By Jaw-. Garbage Can means a City-approyed water-tight galvanized sheet metal or plastic çQDtainer not exceeding tour cubic feet or l2.::.g;!llons in c<!lli!citv; weighing not over 15 POUI1(!s when emptv or 50 pounds when full; fitted with two sturdy handles. one on each side; and titled with a tight cover e9.\!ipQed with a handle.receptacle inchHles detachaèle eenHiÍflefs,mini cans, stamiaffi-gaffiage-øan-.gaffiage.unit-arnilor mobile toters. Garba¡;ø units shall meaB SCCHrø and tì¡;l.t BHndlcs, none sf .;bicb shall e>leeed tlwee-feet-in-the-lengest dimension anè-sflaJ+-not exceed 60 pounds in weight. Garbage uRits may also meaR small diseanled boxes, bæTels or bags, or see1Eely ti;;ht cartoRs or etfleF-reet..~at-inteOOed-!Br-re{)yclin;:; lHJder this chapter and aèle to be reaset1a9ly handled amllaaèed by one persan aRlO a collectiÐR vehicle. Hazardous Waste means any substance that is: Defined as hazardous by 40 c.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Ageney under Subtitle C of the Resource Conservation and Recoverv Act ("RCM") of 1976. 42 U,S'c. ~ 6901 et seQ.. as amended bv the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. & 2601 et seQ.; or any other (ederal statute_QLregulation governing the treatment. stor<lR<;', handling or disposal of waste imposing special handling or disposal requirements similar to those requillitJ:>Y.S.1!Þ_Ü1I~C ofB-CRA; or Delined as dangerous or extremely hazardous by Chapter 173-303 WAC ,!.n~Lregulat<:Q__!!S ..\!al.1l!fYOlLS_.v'.<l.slL..9L...ex treme I v h azardous__'y'i!§.tç_bY... tilt: Washington State Dcgartmcn! of Ecologv under the State Hazardolls Wastc ,PAGE 6 Management Act. Chapter 70.105 RCW. or any other Washington State statute or regulation goveming the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required bv Chapter 70.105 RCW. Any substance that after the effective date of the contract with the Service Provider comes within the scope of this detinition as detennined bv the Citv. Likewise, any substance that after the effective date of the contract with the Service Provider ceases to fall within this definition as determined bv the City shall not be deemed to be Hazardous Waste. Uncontaminated waste motor oil put out for collection by Residential customers for recvcling shall not be deemed to be Hazardous Waste. Industrial el1stomer shall mean any commercial el1stomer for IHunicipal solid waste colleetion services iB the city geHeratiBg iB e)[eeGS of 175 tons ofmHHieipal solid waGte per week on an oBgoiHg basis. lndllstrial waste shall mean and iBeluae '.vaste geBemted as a by proal/et of manufaetllfing operations, Hsually consisting of large éjl1antities of paper, cardboæ'd, metal, plastie, scrap lumber æ¡d dunnage and other materials incideHtal to aBd eoBnected with mal1ufactl/ring precess and not etherv-'ise included in the definitieB of "ga~ "hazardous" or "special waate." ORD# . PAGE 7 ORD# King Countv Disposal System means the areas owned. leased or controlled bv the King C:Q.l!!ltv Solid Waste Division. King Countv. Washington (per t~.QJlIll1Y Interlocal Agreement) for the disposal of Garbage. or such other site as may be authorized bv the Kingf2ouIH:LC'QTl1J2r<:;.!Jensive Solid Waste ManagemçnU.'!.an anQ.-,!pJ2IQ.\!f<,!JITJJ.¡e CiLv. Micro-can means a water-tight galvanized sheet-metal or plastic container not ~xceedinR- ten.,gallons in capacity or 15 pounds in. weight when full; fitted with two sturdv handles. one on each side; and fitted with a tight cover equipped with a handle. Mini-can sflalJ-mean~ a water-tight galvanized sheet-metal or plastic container not exceeding lO-gallons in capacity or 30 pounds in weight when full; fitted with two sturdy handles. one on each side; and fitted with a tight cover equipped with a handle.~ gal-ffin can used FBr the collection of resi4mtia!-gaffiage---l7y-the-franchisee. ThestH3iffiS shall be provided by the franchisee ood shall remnÎ1: tRe property ef tRe fraHeàisee. They ar~-B¥Ìfk~d()l1ees for the health. s~nvenienee and general welfare of the occupants. MBbHe-toter means a moveable receploole which hBlàs-éO to 90 gallons at-a mm¡Îmwn of 200 pounds of garbage, and a hin;:;e type and lid with tight fit, thick sk-it1fl~ooed-weig~"'m€fl-si(s-en tires, v;1:ic-!J.....wH.1-àe-~p-a( curbside with hydraulic equipment. These totor~; shall be provided to customers sllhw~ toter service by the tÌ"anchisee--afJÙ--Sflall remain the property of---tl1ß tì.anchisee. They are provided and assigned for the health. safety, convenience and g €f! em !-we\- t a f ~ f.tHe..€lli¡ t - fS-. MultirJe-family complex shaIlRe~.<J~.llÇ(; mean~ a ~;trllclllre containingmultjpL<¿: !.Ul!.lRcsidcncc with five or more dwel-ling-.¡¡ttach(;Q_lInits serviced bv a common solid w.<1stc_s\<J¡:agççOJ1.t@"I. ,PAGES P~t5-~ity-sfial1--ffiean-t!le-llin&Unt of the rate per aeeeHHt-1ess-t!te franchise retaiflagc amount that ,;hall be paid to the city withifl 30 days from the billifl;; of eHStBffieF-a€€&IUHs-. Person stw.!l-mean;; eveFÿ--,Lperson, firm, partnership, association, institution or co rpo ra ti 0 n. a€C-HffiH1at+ng-gafhage-~i»g--d~fIef-atffig,aeeum u 1 at i Il;; and collecting recyclable materials. The tenn shall also mean the occupatiofl occupant and/or the owner of any premises for which service is-mentioned in this chaPter is renderedLill: eligible or entitled to be served. Private Drive means a privately owned or maintained way serving fewer than four Residences; or serving less than one Residence for every 100 yards in distance. Private Road means a privately owned and maintained way that allows for access by a service hllCk and which serves four or more Residences. Public Street means a public way used for public traveL including pnblic alleys. Recvclables means any of the following when generated by a Single Family or Multi-family Residential customer: aluminum cans; corrugated cardboard; glass çontainers, mixed waste paper; waste motor oil; newspaper: recyclable plastic containers that have contained non-hazardous products; poly-coated cartons; scrap metals not g)Cccedi'lli-two feet in any direction and 35 pounds in weighlJ2t1:1?iec_e: tin cans; and such other materials that the City determine to be recyclable. Recycliflg rece¡¡tacle iBclllGeS tho f{)llo':¡iBg: (1 ) designated biAs, mobile toters or deta!'-¡llible--€entai-n~terials--wH---be--s\efed-aRt!-later p laced at ~ alley side or otHer location desi¡;natcd by the àirector 01- the frallehísee with the concun'e nee-- (>f -the--dire€teF;--t2-)-desi-gnaæd--eofHITlffe i a-I-- tl ",hHe ha hI e---€ontainefS-and CtHHfHffilf>fs--at--leeat;ow; as may be specified by the d-jTe{'toF.-or--{-3}--H-Ity--bat;, bo)( or ORD# . PAGE 9 €fIfIBtifl me H t - U flit-. {; et- .;) If t---Ðy- ~ IHff-! hat- .t;;- & Ie ar Iy-i t IeHti4t 00 1 e-tø-€ e 1-1 e&tioo personnel by means of a label or sign, as containing recyclables, which must also be e -0+ 1 ,¡ (ò t e&- b y-£ e 1-1 ee Ii en- ~ wi ~ w hen-Fe€) 't, .,¡ a b les- - U Fe- € e U ~ ot ~ I*-- W lie !H; ¡;€J-¡ containment unit.> exceed 65 pounds in '.vei;;ht. R ee y€t a b kJ . -mat -ef i a I & -s 00 n-m eaR- was I ~ ffi at €I' i If 1 s- g e Her at æ-1-It-tlw- e ity-€a ~ a b Je-e. r rouse li'onl a waste ~;treal1l a.; desigBated by the director, inelHdiBg but Flot limited to seFled-ef-UllWl'ffid-newspFint, glass, alunli~'froH~n~-aHd PET plastic bottles (bettles are èefil10d as ha ,ino a neck) e.leept bottles tBat once €enffiifled--èanger{ffi5---ØF--heHsehold hazardous '.vaste, mixed paj3ff;-mftgazines and cardboard accmnalated and iFlteFlded for recyc.1ing or reuse and collection by the fnmchisee. This tenn excludes all daFIgerotls wastes-and--J:!ar,-ardotlS wastes defined in Chapters 70.105 and 70.105:\ RC'.V, yard wastes aHd solid wastes iBtended fur disposal ffi-a-land.fl1-l,--í-ooin€filtor, or solid waste disposal facility illlder Chapter 173 301 ~ recyclable materials iBtended for collection by the franchisee shall remaiB the respensibHity-and-ewnership of participants until such materials as contain cd in recyclin;; receptacles are placed out for collection by the franchisee. Matorials then become tho respensthi¡.jty-ftHè-tf*fJfep 611 Y 0 f the coil eoti ofl-eelflj7aHY-Hf--alltllefÍ-:æd--.mlHehisoo-suh:j,;,et to the rigBt of the pm1icipant to claiFl1lost propet1y ofyalue. Recvcling Bin means a Service Provider-provided 20-gallon container suitable lor Sin~le F'!.I)!ily_.ßçsidential collection, storage, and Curbside.J2.@cem6nt of the ))9l!:Q.a.QIT portion of Source-separated Recvclables. ß.e9~c[il!R.~)I:t- means a Service Provider:p.æÜ(k~L~:;_:~--6..L_9.L_2Ç).:g.,<!.U.\~ILQtrt suitable Ii.>r Rcsid".!:!.lial collection, storage and Curbside placement of the J2'IllÇl. libel' R.or~()I}()L2@rcç:s_ep'!E:i.Lçc! Recvclables. 8.£ÇYÇj¡lg. (:¡lfts.nlaY..,ll~() b~ u~cd JorJhc ORD# , PAGE 10 collcction of the non-paper fiber portion of Source-separated Recyclables by Multifamily Residcnces. Recycling Container means a set consisting of: (I) one Rccycling Bin and one ,Recycling Ca11" for SÌ1llilç_E~ ResiLIence; (2) three stacking recycling baskets distributed to Single Family Residential customers under a previous Service Provider's collection contract: or, (3) Rcçï£lli1g Ca11s or Detachable Containers for Multifamilv Residences. Residence and Residential mean living space(s) individuallv rented. leased or owned. Service Provider or Service Providers means that entity or entities holding a valid contract or franchise with the Citv to collect Solid Waste. Single Familv Residence means all one-unit houses, duplexes, triplexes, four- plexes located on a Public Street or Private Road and mobile homes with individually billed collection. Residences located in an area that does not aHow safe access, tum- around or clearance for service vehicles, or on a Private Drive will be provided service if materials are set out adjacent to a Public Street or Private Road. 8etid-wilsæSolid Waste means Garbage, Recvclables and Yard Debris."~e-as defined underWf.C 173 301 100(73), and inelHdes refuse '.vith the exception of sludge fFem--wastewatff-4t'effifnent-pkmt1rllnd scptage, from septic tanks, extremely haærèØHs wastes, dangerous y. astc;;, and problem wastes as defined in Chapters 173 303 and 173 ~G4-Wr\G,-;md-Gflap{ceffi":;Z~5~ s,wd '""aste utilit:, .;11(111 meun that fund of the city of Federal 'Nay mana,;in; the fmaneiai--iH1ti--a(fministrative-rt'Sf)t}Il&if>ili+y--iBr-se+iè--waste-Bollection"" i!f1Ü" diS¡'ffiCill. and recycling" ORD# . PAGE 11 ORD# Sclid-Wlliite uti Ii ty pro ;;rt1ffi-5haH--ffieafl-~¡--ÚlJl<òlìBns--peFfuFHIed--by---tile---etty associated with solid waste collection and dispo5ilJ- and recyclin;;, paid from the ;;ellcml ¡ '¡¡ n d-ø f- B t IH~ f-lìmd&-d esigna teà- 9y-+ Ite-€ - i ~ T € ffi II !€t 1- Special dispatch means a picl~up reque~;tcd by a resident or busiuess at a time B the 1'-4 fla ft- -t he- - r egtl-læ4y-- 5 eheOO ! e d-- p i {; -Ii --\ I fH -ime- ; - -if - -a ¡ ) I ~ I tt-a b1 ~ p ec --ia-I----tfu; *He !H;; required, the rates as adopted in the ordinance concemiB; rates adopted by the city eBuneil-wi-l-l--aw-J-y--. StaBElard barba"e caB means a watcrlÍ¡;ht, ¡;alvanized, sheet metal, raised bottom eøn\aÌflment unit or sHitable plastic contai-Hment----umt----appro)[imately but not exceeding four cubic feet or 32 gallons ü; capacity, wei;;hiB;; not over IS poHnds when empty, fitted wi-t!HWB---5tuJ"-dy---t¡arrtl-les-;----ooe--øn----eaeh---side-;----and--a--ttght - cover equipped with a handle- Standard garbage cælS shall be provided by residents. Was~lI-mean any solid waste designated as dan¡;erous or hazardous \vaste b)' the State Department ofEeology under Chapters 70-105 and 70.105.^, RCW, and--suffi---w-aste---sflall---beisposed of consistent with the Department of£oolo;;y mles æld regulatiofls. Source-separated means certain reclaimable materials that are separated from Garbage by the generatQLfQ!J:~Yf.fu!g,9..Lreuse, ill£luding, but not limited to paper f!Þ,Ç-~ metals, glass, plastics, organics and other materials. WUTC s-A-aJ-I--mean~ the Washington Utilities and Transportation Commission- Yardwastê-Debris means leaves, grass and cli!.1Pings of woody and Deshv plants, as well as other SO!!!Ç,Ç-,-~çP~.il_tg!.Qrg~!li_ç,llli!Le¡-i~'-~SQm)atible with the colleç.tíQ1l.~y?_I,m and acceptable to the Service Provider's procçssing facility- Un Docked, undecorated ÇhristmaLW~ç§~I,- <.\.\:c,Plaþlç a.?'(anl lM'Ii;;ji'cllLIQ_s.i!e- M,-~tgiaj§_J.<!.rgç,LIh,111JQur ,PAGE 12 inches in diameter or four feet in length are excluded. Yard Debris that is contaminated QL!l!i)¡s:"L.!"jth Garbage or Hazardous Waste is also excluded. shall i19c1ude bHt Ret be Itm it e d . .1 0- gm " !HH .¡ f} ¡H-ags,s M ;ill h ery-, -leu Yes-an tl- tre e..Ji mI1s-a Hà-b Fa fI€fl e&, .. w It i €It- ~ cannot exceeà three inehes in diameter and f<:JHr feet in leEgth, aat! excludes sed aad f<~ Yard waste bundles shall eensist of yard waste limbs and branches amI shall Eet e-xæed'iH1ÿ-eHhe-fuI1øwing maximHms: four foot length; two foot diamet~F-Weight-ef 65 pounds. (Ord. No. 91 121, § 2, 121791; Ord. No. 93167, § 2,31693) Yard Debris Cart means a 96-gallon container provided to all subscribing Single Family Residences. Multifamily Residences and Commercial Customers for the purpose of containing and collecting Yard Debris. Section 2. Section 12-2 of the Federal Way City Code is hereby amended to read as follows: 12-2 County disposal system - Designated. (at.. All Residential and Commercial Customer-generated Garbagesolid waste set out for collection by the City's Garbage Service Providers or that is self-hauledgeHeFateà w-itflin the cor¡Jerate limits of the city shall be~ disposed of at-a-eounty solid waste faeilitythrough the King County Disposal System, unless an alternative location is designated by the Administrator. B+- The corn:t)' is aHthori;~et! to àe~;ignate disIJosal sites as offieia] county solid wast-e-5il~e disposal of aJ.J-seJ.id-wastegenerated... f€+- No solid "-'aste may be divcI1ed 4*mt- the disposal sites designated by the €HUnly-wt !f¡m.tt.-€ffilnt-y-apprQVa!-,all-iH'¡ lC€orda A£€- wi !f¡. tlte-iH!eFlt)€al-agroonwnt-ootweffi the city and county. (Ord. No. 91-]24, § 5, 12-17-91; Ord. No. 93-167, § 5, 3-16-93) ORD# . PAGE 13 Section 3. Section 12-3 of the Federal Way City Code is hereby repealed. 2 3 Exclusion of emlRt)" po'..,ers. !2uffiUanH&RCW 70.92>-.160, the eity hereby detCf-fl¡it1e!Hhat.~ty-sflall-oot exereisa any ¡Jowers regnrdiAg tbe le'/els ~1Rd types of senice for any aspact af solid WitS t <J- . h and lilT g- ffi- the- € i ty--=.1= he-€etffi ty --t' e g IJ!ati oos--a fl(J-Ofi\ i n a n e € s- r eg anll ng- ~ types of senicator aAY aspeet of solid 'vaste haBdling, includiAJ; reeyeling, shall not app.\y--witl1m4he corporate limits-ef-the-ci~"'e0-9~2, 8 7 90; OI'4--Neo-9l- 1)1, § 6,121791; On:!. No, 93 167, § á, 3 lá 93; Ord. No. 93 197,12793) Section 4. Section 12-4 of the Federal Way City Code is hereby amended to read as follows: 12-4 Ownership of solid wastes -- Anti-scavenging. Once residential-Residential Ræcyclable§-materials,selid-wæte, Qgarbage,refuse andior residential yYard wafite-Debris materials have been set out in an Administrator- approved container on the Ç.eurbside, or at such other locations as l!HtRorized byagreed to Qy.J!5ervice Provider pursuant to a service agreement with the Ç.eity, ownership of those Residential Rrecyclable§, solid waste, Qgarbage,.ref!tSe andior yYard waste-Debris materials passes to the fŸanchiseeService Provid"r under.lhe terms of the current service agreement with the City. It shall be unlawful for any J:person other than the-ffim61:ïiseen Service Provider to remove or collect any such gæcyclable§ materials, Qgarbage.,-wlid waste,--refuse-andior yYard waste-Debris mawria1&.once they are set out in a Service l~r9\'_iQÇI':QLQyided..QL!IPprove(L<:s~ntl!iQçl~on the Ç,eurbside or other approved locati~n" Imwided; 1:1 how ever, fha[-.sU<òh.e,'fc.lusi-ve. righf 51 HtH-<)"ist.{)H I-y-wi'fhin-the-Iffin€itise--afea ee-ver-eJ~ the Vi UTe lì'anchise to the aulhorized-ffit!*'hiseeeflæti+e-Deeembcr I, 199 L ORD# , PAGE 14 a~de the WUTC trancfl.i.se-ef--pcnnit held by other paHies;--afl~~ further, any occupaHt may denate recyclable and )'al"(l waste material:; to any ftooeemtJlefcial ontity or may pro','i~eF-anv Person may collect Recvclables and/or Yard Debris materials deliver£f! to such effiities-Person recyclable or yard waste materials OOJ.i¥€reå!!( te-a location where it is legal to accept such materials. In addition, an v Person may collect Commercial Source-separated materials from his or her own containers. or un-containe1Ìzed Commercial Source-separated materials from his or her customers. (Ord. No. 91-124, § 9,12-17-91; Ord. No. 93-167, § 9, 3-16-93) Section 5. Section 12-5 of the Federal Way City Code is hereby repealed. 12 5 Commercial recycling program. Pursuant to Chapter 70.95 RCW and the county €ØffijH'ßl\ensÍ¥e-Wli4--waste maAagement plan, adopted by the city, the city deteooiAes that it shall participate, at a IevehK~ble to the city, with the COUAty iA a commercial recycling program. (Ord. ~¡o.()1121,§8,121791;Ord.}¡0.93167,§8,31693) Section 6. The Federal Way City Code is hereby amended to add a section numbered 12- 6, which section reads as follows: tf::\u\nnexation. The Administrator shall be authorized to prepare lianchises or agreements to ~,,_Lell(LÇi!Y_m!thoritv to annexed areas. Section 7. Section 12-21 of the Federal Way City Code is hereby amended to read as follows: 12-21 Administration and enforcement. (a) The director. or thc directoH;-repreSJnt"li','~,¡c\cIJlIIIIÜ;.\!:;!lQ[ is hereby authorized and directed to administer the collection and disposal of all gaFèage-. ORD# , PAGE 15 reeyelaà-Ie&-iloo-yaFè-wasteSolid Waste in the Çeity, and to enforce the provisions of this chapter. The director is authorized to prepare any implementing regulations necessary for the development and implementation of a voluntary garbage collection program with recycling rates imbedded to encourage participation by residential generators of Solid Waste. (b) Civil enforcement of the provisions of this article, as against all r~ersons other than authorized ffawhtst.>e5Service Providers, shall be governed by Chapter I FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the [€ity including, but not limited to, criminal sanctions as specified herein or in FWCC 1-13, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. Enforcement of the provisions of this article and chapter against authorized franchisees Service Providers shall be as provided by the applicable fi'anchise service agreement and as otherwise provided by law, including but not limited to criminal sanctions as specified herein or in FWCC 1-13, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 91-124, § 3(F), 12-17-91; Ord. No. 93-167, § 3(F), 3-16-93; Ord. No. 99-342, § 9, 5-4-99) Section 8. Section 12-22 of the Federal Way City Code is hereby amended to read as follows: 12-22 Hæg<!J dullJl'¡!_1£J2rohibitedGoota,ncfG rcquiroo. ~F5BRS accnmnlatin~ garbage in the city shall place and _late the same tn--a[)p rov ed.&taHdaRl--gaFbage-.€iH15~'--itfJI*evOO--gaFbage--Htlits,- . \Hi fH .-€ansc.r~1Js-, aj~j'H'<tveJ-ffiHI>i-le--wtff&-,er-llpproved detachable container" :¡&+&jHtfc>-d--bÿ-tke---€i-1-y-.lt shall ORD# . PAGE 16 be unlawful to deposit. throw or place any Solid Waste or Source-separated material in ,my Public Street or other public place, or to dcposit. throw or place any Solid Waste o~ Source-separated material in anv Privatc Road. Private Drive or on anv private propcl1 V regardless of the ownership. unless the Solid Waste or Source-separated material i~ placed in approved concction containers. (Ord. No. 91-124, § 4(A), 12-17-91; Ord. No. 93-167, § 4(A), 3-16-93) Section 9. Section 12-23 of the Federal Way City Code is hereby amended to read as follows: 12-23 PreparatieH, placement fur collcction GenerallyComposting allowed. It shall Be unlawful to deposit. tmo's, or place any garbage in any 1æ-1C~, aile)', stTeet or other ¡JHl3lic p~--«Hiepesìt. thm'.... or place any garbage or such materials OR--ftI1y private prBpert)' regardless of the o'.ynership, unless the garbage is placed in approved garbage cans, mifli caffS, gaffiage uffits, receptacles, centamers or teters, tne-ee¥efS-ef ...¡hieh shall not be remo';ed C)<cept when necessary for the depositing or removing of gaffia-geVegetable wastes. ashes. leaves. grass. plant cuttingS and other organic debris may be composted on private premises provided the compost site is maintained so as not to create odors. expose food wastc, anow debris to become scattered or increase the ri.§k, trom pests. Compostinf( any waste that creates a public nuisance or health hazard is prohibited. --ffi!à-sB€h-malefiilts;-pnwidoo,JlOwever, that boxes, smal-l-baFr;;s,-earteæ-, scraps of woeden crates and boxes, broken HP ho~lGoheld fHrniture am! eEui¡JlHent. paper, hellewware-afKI-fltbbi£lt--iEge¡¡ßfa!-may-~f()ken lip or ellt up a~€ed-tt!--garlta-ge units as defined in r"WCC~(Ord. No. 91-124, § 4(B), 12-17-91; Ord. No. 93-167, § 4(B),3-16-93) ORD# ,PAGE 17 Section 10. Section 12-24 of the Federal Way City Code is hereby amended to read as follows: 12-24 Garbage eanscontainerizatiQ1l. All Residential Garbage shall be placed in a Service Provider-provided or mli2l"OVc(LSll)iLOD1ITj?S()~j~I~Lç¡ê.l"Q<!~-_(~!1..Miero:ean, l'vlirÜ:f;1!l.Or .LaI1.lrLall cases, customers will be directed to have at least one rigid container as their primarY Garbage f.QilliJiner. Plast~ bags nl'l.YJ1Çnll~f.c!j!!;£~tra Units for overflow volumes of Garbage, but not as a customer's primary container. Extra Units will be subject to an additional service charge or fce. All containers shall be packed so that the contents of the container will clump out rapidly when the container is inve11ed. Containers and contents shall not exceed the weight limits set forth in their respective definitions in FWCC, section 12-1. Containers shall be stored behind the front building line, or screened from view fTom the street and behind the setback line of FWCC, chapter 22 (Zoning). except on the day of scheduled pickup. Containers shall be placed at Curbside on a Public Street or Private Road prior to 7 a.l11. on the scheduled collection day, and shall be removed to their proper storage location as soon as possible after collection, but no later than 8 P.I11. All Multifamilv .amL(i?nl.111<èIÇ.Lal Customer Garbage shall b~ae<'lli.in a Service Provider- or approved customer.provided Garbage Can, Micro-can, Mini-can, Cart, Detachable Containergl"I)Y()Q:Q¡)x_(Q!1tainer. Plastic bags may be used a!;_Extn¡JJnits for overflow volumes of Garba!!,e..Q.\!!. not as a customer's primary container. Extra Units will be subject to at:1..ê..<,t<iiji()rl"l_servjçe_ç\1aŒ.Ç or fcc. All co!}iaitlITLs!laIUçJ2.a.<;.kç_<L~() that the contents or the .Ç9jltilirlcr..".ilL<l!!!!lJl out rapid Iv when the container is invel1ed. Ç.~gll!-,Ün"'Ui..?h;11Lrl<)1 \ycigh 111""C. lh.an Ihc__",--~ghLl¡!!!.i!!;_,sÇ1JQt1h.in. thçiLr<è~pççIiyç ORD# . PAGE 18 definitions in FWCC. section 12-1. All containers shall be located in conformance with the requirements sel forth in FWCC. chapter 22 (Zoning). Atly-slalltlard garbage can ...,hen filled shall not wei;?;h-Atere--If1:arHé-p'ffioo5-afl6 shall be so paekeEl that Ihe eonteHts shall Elump out readily when the can is iHverteEl. ,\11 garbage CBflS and garbage units shall 00-f>Iaee4-itH:~m-,accessible loeatffi~ the groLHullevel or grmmà floor aRd as near as practicable to the approximate rear of the building or Rear the alley, street or mad at which collection tmcles are to be loafled; all walles, paths aBEI dri';eways ta the place of leadiBo shall ha'¡e aB e','erhead cleaffiflee of fillt less thaR eigHt feet. (Ord. No. 91-124, § 4(C), 12-17-91; Ord. No. 93-167, § 4(C), 3- 16-93) Section 11. Section 12-25 of the Federal Way City Code is hereby repealed. 1225 TetefS. Any mobile tetel', when fillefl, shall not weigh mare than 2GO pounds and sHall be so packed that the cElrnents thereof will dump out readily. All reeyeling and/or garbage containers sHall be plaeed at curbside or alley before 7:00 a.H!. mId rerno';ed from the curb ar alley as soon as pElssiàle after collection. but BO later than 7:0G p.m. (Om. Ne. 91 121,§1(D).12179I;Ord.NEI.93167.~1(D).(G).31693) Section 12. Section 12-26 of the Federal Way City Code is hereby amended to read as follows: 12-26 Prevention of contamination.4..fs'HJf€Ðffiamers restricted CoveFS-. It shall be unlawfut. except a:; allthorioccd by the ecellpant, the fmnchisee or tAe eify,-to deposit Qgarbage ÐF-Ðthff-'ffialeri.al-...in any ~af&age-.ç-,'-1)1'!i!ler -€an--,~afbage-uflih detachable container or mobile toter, designated H*yBe-for Source-separated materials, ORD# . PAGE 19 c-GfItaffierRccvcJablcs and/or Yard Dcbris, or to remove the covers there ITom unless such rcmoval is ncç,çssary for dcposit or removal of Source-separalcd- mal"Ö.!!J!hJ3J;cvcJablcs and/or Yard Debris. --;;;,tÐh-£;,I¥ffS- shan be sœHrely-}lat'etÌ-~>a€It--suffi-eUH,--\eteF-, container or unit at an times, e¡¡cept when it is accessory to remove ~;amo for deposit or at ttlHes-oí~c-et!€etiBtb-(Ord. No. 91-124, § 4(1),12-17-91; Ord. No. 93-167, § 4(K), 3-16- 93) Section 13. Section 12-27 of the Federal Way City Code is hereby amended to read as follows: 12-27 Resideatial Maintenance of containers. (a) Residential units shall use a ce¡¡tainer autHorized ami appro yeti BY the city and tHe-fr-afl£hisee. .'\11 garbage and rocycJable ræeptae-les-,~€e}t--sÈandard garbage cans, shan be pro'.-idod by the fræ-whisee and Service Provider-provided containers for the collection of Solid Waste shall remain the property of the ffimehisee-Service Provider, unless othelwise provided for under the service agreement, and areshall be provided and æ;sigR€è--te--Te5iàefJees.--for the health, safety, convenience, and general welfare of the occuplmlScllstomer. The containers shall not be damaged, destroyed or removed ITom the premises by any £person. (b) ;\-!arkiags and ideatification son ices on tHe contaÏl:ers, except as placed or SJ7€cific-a+lÿ-fleFFlJittod by the fral1~fe-eJ(presslÿ-flfBltiÐj.¡ed-a*khall be røgarded-as wmago to the coataiaers and aH unlawful iI~ury to property. (Ord. No. 91-124, § 4(H), 12-17-91; Ord. No. 93-167, § 4(J), 3-16-93) Section 14. Section 12-28 of the Federal Way City Code is hereby amended to read as follows: ORD# . PAGE 20 12-28 Placement of containers in bBusiness areas. Any fflerson accumulating Solid Waste or Source-separated materialgaffiage in the downtown or suburban business areas whose location requires the placing of Ic'ans-. any type of containers or ~xtra Uunits on a sidewalk or alley for collection shall not place same on sidewalk or alley until the close of eaffi.-the business the day mior to collection, and shall remove eat1S-such container from the sidewalk or alley immediately after tile opening for business each morning or collection whichever if collection is later. (Ord. No. 91-124, § 4(E), 12-17-91; Ord. No. 93-167, § 4(H), 3-16-93) Section 15. Section 12-29 of the Federal Way City Code is hereby amended to read as follows: 12-29 Prohibited wastes. No hot ashes or other hot materials, dirt, sand, rocks, gasoline, solvents, oil, liquid paint or dangerous or !:!hazardous ~wastes shall be placed in any Qgarbage eaRcontainer of anv kind, garbage \omit, detachable container, mobile toter, for collection or removal. All kitchen, table, animal, vegetable and cooking waste or offal. before being deposited in Qgarbage eaflSContainers of any kind, garbage units, detached containers or mobile teteFs, shall be drained and wrapped in paper or other material in such a manner as to prevent, as nearly as possible, the moisture from such Qgarbage from coming into contact with the sides or the bottoms of the containers. Dishwater or other liquid or semi-liquid kitchen wastes that are properly disPosable down the sanitary drains shall not be ¡jç'p_Q~jJe¡¡ in (@[bage containers. (Ord. No. 91-124, § 4(F), 12-17-91; Ord. No. 93-167, § 4(1), 3- 16-93) Section 16. Section 12-30 of the Federal Way City Code is hereby amended to read as follows: ORD# . PAGE 21 12-30 Number of garbage containers - Discards or replacement of garbagc contaiqg. When use of Qgarbage eanscontaincrs is allowed or required, sufficient Qgarbage eans-containcLçapacity must be provided for the collection of all Qgarbage as defined by this chapter. Worn out and improper eaRs-containers shall be discarded or replaced. (Ord. No. 91-124, § 4(G), 12-17-91; Ord. No. 93-167, § 4(G.I), 3-16-93) Section 17. Section 12-31 of the Federal Way City Code is hereby amended to read as follows: 12-31 Yard wasresdebris containerization. Deposit of yyard waste--Deb¡is in containers for Ggarbage receptacles or fWYeHwr,RccycJ!!!?Jes re€epta€~$-for collection by the franchisee Service Provider shall be unlawful. No Qgarbage or .ßfecyclable~ materials that are mixed with yyard waste Debris will be collected. Only Yard Debris from Persons participating in the City's Yard Debris collection program that is separated and contained in Yard Debris Calis or such other method approved by the City's current Service Provider will be collected. ¥uFà waste will only Be colleeted if the yard waste is separate and cEJHtained in approved eontainers and the resideRt is participating in the eity's yard waste eolleetion program. Yard Debris Carts are provided for Residential and Commercial recycling of Yard Debris iil!(!~asc_QJ:Ç\!.rpsid£.sß!gJltJ.or colleçtion by the City-contracted Sç!"\"i~_e_Er.\~yi.cl,,[.._Yard Debris will not be aeceptcd lor pickup by a City-contracted Service Provider it: placed in pJ~JLc_hllg~.1lJ.Ç\U'Þ~<;iti<:"!\Pl11:o-"çsL~&Qt9illers for Yard ])cm:;ï_çgl!c~.tj-Q11.Ü]-"'LJcl<è_YJJ}:sl pebri~_Çiinh.Qetae_hJ!ÞJ"._ContaiQcrs, plastie or galvanized garbage eontainers Ell> I,g:gg !h'\Il..)2:llilL1()¡.1~ jlLsi/e..a¡I(LhçaD~',:çjghtJ5.craft j)a~r.h.a~CI¡s.t.Qll1el::()\V¡IÇ(LçOllt,ÜT1Ç.r~ sl}all bcJ,¡pclt¿(I._",jth _,-"hlf.;ll¿I.<L5Iickcr that dead\' identifies. the eont¡¡jn"L',-,ofll<èIlt5.91i ORD# ,PAGE 22 Yard Debris. Containers shall be placed at Curbside on a Public Street or Private Road prior to 7 a.m. on the scheduled collection dav, and shall be removed to their proper storage location as soon as possible aHer collection, but no later than 8 p.m. (Ord. No. 91- 124, § 4(1), 12-17-9]; Ord. No. 93-167, § 4(L), 3-16-93) Seetion 18. Seetion 12-32 of the Federal Way City Code is hereby repealed. 1232 Sdledule ofcollectioH. fa) }.II ;;arWge-,K"€j'&laWe-and yard "dtstes---4a1l be collected \v-ith.fH-tfle boundaries of the city as follows: (-1-) Regular coHe€tioR for business fimlS and commercial O!1teFpFises-shaH be as often as requested by the eHstomer seven days per v. eek, between the hoHrs ~fufll. and 8:00 p.m., unJess-the city authorizes an extensiefl-eHmch time, o.r unless other collectien times are authorized parsuffilt to the tenus and conditions specified in the solid waste fÌ'anchise agreement. (2) Reg:¡lar collections of garbage shall be made orlCe a week atld regHlar collection of recÿelOOlos shall be ¡Hade e';ery two weeks from reside~ recyclable material shall be collecteà every (we weeks en the same day as selid waste-€&l¡eetffi¡bRøg¡¡jaf-€~!lection of yard v.aste frem-Teffidences eJlCC1Jt those located in n:ol1;lo home courts shall be weekly durin:; the months of April tllfOUgll Ne¥e~_f!1h~-èuring tho months ef December and January, ~~ weeks duril:g tRe months of Poornffi)' and March. During periods ee '.'leekl) or semi--moothJy-yaf&f>iclHt]3-,-C-ø IJ ec rio n sh a II b 0 m ade-oo-tHe-5iffi1e-4iy-~er~€clHtS regular garba,;~ Bc>II~ction. ,".II residential eolIcctions shall be seheduled to be eeJ.Jec.w.J.-h eIW€~'ft.Ü1e-h()Hfs-eI=+.00-iB'lbitt14-~i}-.ffic;-M{1t*lay.¡.hffiHgh . F ridayo (b) for special'~Hl€h requests made by residents -oF-Ðusinesses at til1l~ ORD# ,PAGE23 t halT. .¡-h~ ¡ im e &- it ndl or-days--! i ste €I- in- -the-iI 00ve-tw0- t )f\ff\ g Fa f> ItS-. . - ¡:¡ te-4 f iHl€hisee- ~ 1OIÈed to---i5suc a special dispatch fur the collection of thi~; matcrial. if between 7:00 a.m. (lnd 8- 0.0 9- p-. H- "Of -i f aH-eI'HeFg '* '!€)'- 0 f--i.f.aw FO-Vt. '{\ --!J- y-.t fl e - dire €I OF-. f€1-"rhc thmcllisoe may chl!R¡;e the collection day 11) giving notice to the director a I 11- in i fH U fH -- Bf 64- * i a ys-t n- -at! v mtee- a It d-th~ affe€t ed-- <òU5 It H - f s-a t-I eæ;t--w veH-€ - a1 emlaF--d ay s prior to tho effocti';e date of such changc. The form of the notiee to the customers shall be su It j e€ -t -- ffi-a¡7 p r ffi 'it! - by-th e-€ify--. (d) WheB a legal haliday falls daring the week and the fnmehisee does not work ~ay, SatuTday coYeetiens will be permitted. (0 rd. No. 91 124, § 10. 12 17 91; Ord. No. 93 167, § 10,3 16 93; Ord. No. 95 236, § leg), 7 5 95) Section 19.5ection 12-33 of the Federal Way City Code is hereby amended to read as follows: 12-33 Reeeptaelos for recyclable wit£tesRocyclables containerization -- Location of recycling containers. DesignatodRecyclables may be accumulated in Recycling Bins, Recvcling Carts or Recycling Containers. or such other collection container approved bv the Citv's current Service Provider. Service Provider--l!rovi~L'èQ containers for Recvclables. inchillin.g recycle receptaciesRecvcling Bins. Recvclin!,( Carts and Recvcling Containers, shall be placed at £;:eurbside, alley--side---,or at su~lLother 10cation&-æT-àetermined by tltt..>-difWtOf-Bf the franchisee with the concurrence of the director agreed to by the Service Provider mII~Jilln!JO a service agreCl]1ent with--the (Üy. !;:ontainers shall be ¡)laced at Cllxh-,i(IL.9.r! a Public Street Dr Private Road prior to ï a.m.O!1 the scheduled collection dav, all(L§.æill Þ_<;'--I\'èr:D.9l~\Q.Jh«!LQLQQ_ÇL~tQUl£K.Ll1Ç,1tl()n--,IS-- ~.9.9--r1.l\Lill?ssib Ie aft.e:L~_QU,,_Ç.tL()n,_b\l.l.l.ll1 later than 8 p.m. ~wlIe€fiHR-H¡:'fè<ry'L.-.J.af>I€5-sflaI.1--not be required oCtile col-Je€tiHR ORD# . PAGE 24 €Bffi\*ffiy---er--JRm€hisee except-Hnèe~~rcumstaFlces determiFled by the director, including di,;abled or elderly paI1icipant~;. (Ord. No. 91-124, § 7(C), 12-17-91; Ord. No. 93-167, § 7(C), 3-16-93) Section 20. Section 12-34 of the Federal Way City Code is hereby repealed. +l~"4-W-etg h¡--ej~eey€-lffi~hl€le-. ,'.n)' recycling receptacle ",heR filled shall not wci6~ more than 65 pounds iIJ wci¡;ht. (Of(b-t~J-1-{)7, § 'I(E), 3 I(~ Section 21. Section 12-35 of the Federal Way City Code is hereby repealed. 1235 Weight ofe)(tra unit. ,'\ny extFa unit ""hen filled shaH n~ceed 65 pounds. (Ord. No. 93 167, § 4(F), ~ Section 22. The Federal Way City Code is hereby amended to add a section numbered 12-36, which section reads as follows: ] 2-36 Public nuisance. Eyery Person shall haye the duty to ensure that Solid Waste or Source-separated material does not accumulate on or around his or her property in a manner that causes such Sofid Waste or Source-separated material to become a public nuisaFlce both as to the amount of such Solid Waste or Source-scl1aratcd material. or the odor emanating 1T0m such Solid Waste or Sourcc~arated.m~!crial. Each container used for the accumulation of Sofid Waste or Source-separated material shall be kept clean inside and out, and the ~ea around the containers shall be k_e.pJj!L~- neat and sanitary condition. The Scrvicc Provider shaH l1rovide written noti lication to the Administrator and the customer çoneeming any violation~_.9J this.J2r.9_":i.si.Q!L_.'\.!JL~j~*ltj.9_!]--Q[~lÌs QIovision bv a Pg;;i\n ORD# ,PAGE25 shall subiect thc Person to pcnalties describcd in FWCc. section 12-21. Section 23. That the Federal Way City Code is hereby amended to add a section numbered 12-37, which section reads as follows: 12-37 Di:,-".hlYsl servig:~ Can'yout service shall be offered to Residential customers lacking the ability to [1lace C<Q!11aine!La.I Ihe_ÇlJrll. at no additional charge bv jh.Ë...Servi~Xrovid£LLIj1s City~ Service Providers shall use qualification criteria that is fair and meets the needs of the City's disabled residents. Section 24, The Federal Way City Code is hereby amended to add a section numbered 12-38, which section reads as follows: 12-38 Hazardous waste, Hazardous Wastes shall not be disposed of through the Citv's Solid Waste collection system. Such wastes shall be delivered by the Person generating such waste to an appropriate and authorized handler of such wastes for PlQQer disposal. Any Person found to have violated this provision shall be subiect to both civil penalties and/or crimillalprosecution under any and all federal. state or local laws that may apply or may be adopted in the future. Section 25, The Federal Way City Code is hereby amended to add a section numbered 12-38, which section reads as follows: 12-39 Suspending collection from problem customers Ù!lyç;,~tomer that causes disruPtions OLçt111.fliS'lS.JlmLmake continued servig.Ë...N thai customer unreasonable or unsafè mav be .denied sen icc or have his or her service (li~çQlll i nlletL.. [).isl:g¡>JL9.!lLQLÇ.QI1.fl ictLI,1l,lY...lllClutlç,.l1ltLll()..L.b~..ljl1lite~l_IQ,.I",j"),Ç-,lt<?\J dan.ægc:JQ_$..c¡-Ùce Provider-owned eontaillers~I'ç!l',:'!lc~1 susRect claims of timely set-out ORD# ,PAGE 26 followed by demands for return collection at no charge. repeated claims of Service Provid-"'Ldama~çJ!u!. customer's property, repeated nOn-P!!'y'!!1ent or other such problems. Section 26. Section 12-51 of the Federal Way City Code is hereby amended to read as follows: 12-5 1 Fc'æt~ttef)-fBH)eeasiettaHes¡deHt-ial-~çlf: hau I i n g. This article does Rot apply to the occasioRa] Sell~hauling by residential customers of refus&-fu.¡lid Waste or Source-separated materialer--n~e:yc-J.abIe-IRatefi.a.Is to an Administrator approved site is allowed. (Ord. No. 91-124, § 3(C), 12-17-91; Ord. No. 93- 167, § 3(C), 3-16-93) Section 27. Section 12-52 of the Federal Way City Code is hereby amended to read as follows: 12-52 Authorized hæHeFsservice providers. The collection of, disposal of and billing for Garbage generated within the corporate Jimits of the City shall be accomplished by Service Providers under written service agreement or franchise entered inte with the City as authorized therein and pursuant to onjinances of the Citv. Only such Service Provi,ders tbat have entered ¡Rto a cUlTent service agreement or franchise with the City are authorized to collect Garbage JI9I!L~vithin the incorporated City limits and to haul Garbage through the streets of the Citv: however. Ancillarv Disposal Providers shall be allowed to collect. haul and dispose ()_LG,!I:Þ_<l~..ili<lLis generated during the course of thcir_lçgjl@r business activitics. Garba¿e colJection shall be made b) ;;arba;;e am] rel'llse collection companies as au t I1mi f<Jd-l~Y-fh~-\l,,'1;+G-pUt'5Haf!He-g1i!ptef-8-177-1--RGW.a n doH H d<JF...fraf!€-hi-s-e-.wiIM-Iw ORD# . PAGE 27 eity-fu~1Jæt.ieft-. (Ord. No. 91-124, § 3(A), 12-17-91; Ord. No. 93-167, § 3(A), 3- 16-93) Section 28. Section 12-53 of the Federal Way City Code is hereby amended to read as follows: 12-53 Business registration required. The franchisee operating plirsaant to and in compliance with this chapter s}qal! be issHed-a*tn-app.Jw-atiBfl-aAII Service Providers must have a current Federal Way business registration, and shall be liable for collecting and remitting all applicable taxes as required by law. (Ord. No. 91-124, § 3,12-17-91; Ord. No. 93-167, § 3(E), 3-16-93) Section 29. Section 12-54 ofthe Federal Way City Code is hereby repealed. 12 51 l'eITnit required. It-&hall be unlawful fm any person, other than those duly authem...-d-b-y-the-city-,te haul garBage through the streets of the city to dump garBage. (Ord. No. 91 121, § 3(15), 121791;Onh--t,\~~-167,§3(B),3Iá93) Section 30. Section 12-55 of the Federal Way City Code is hereby amended to read as follows: 12-55 Duties required. To provide for the public health, safety and general welfare, Service Providers or other collection companies operating within the city, to the extent permitted by law, at no additional cost to the city or its residents, shall~ tB -f'~omply with all provisions of the eçity Code and any amendments thereof, applicable federal, state and county laws and regulations, and City contracts or franchise agreements pertaining to the collection, handling, GRO# , PAGE 28 transportation and disposal of garbage. The e!::ity shall be entitled, during regular business hours, to inspect the books and records of the collection companies operating within the eÇity. (2) Pick lip tlRt1ockeè, unèecorated natural Christmas trees each December afitl--Jimuary from all resià€f¡Iffik*l5!,*Her-s--wI1o-H,<:~,,!-wæ;te-5HbsHil*ioo Sel-. ice 011 a ¡jate or dates agreed to by the franchisee and the city. ~ ~ i-flIlllit a 1---1' es-i <I ætta k ~ IjT-ÌIt--tfl e--5f*Ì Rg--fl n d --fu.I.k f each year to allow for cleanup Bf gnrba;;e in public rights Bf way andlor on IHlbl¡c lands. The èirector shall pronnHgate-administrativ€ mles, fDr the iRlp1ernentatien of this subsection, fullowill;; consultation '.'lith the fraHchisee. (Ord. No. 91 121, ~ 3(0),121791; Ord. No. 93 167, ~ 3(0), 3 1693) Section 31. Section 12-56 of the Federal Way City Code is hereby amended to read as follows: 12-56 Agreement with companies, franchiseesservice provider. Collection companies alld the authorized fraHchiseesService Providers operating in compliance with this chapter are permitted te enter into under aH service agreement with the !::eity and-are pennitted to enter private property to collect sollli-wasteGarbage, Yyard waste--Debris and RæcycJable!> materials !Tom pm1icipants customers under a program administered and agreed to by the !::city or as may be further prescribed in regulations promulgated by the ài-re€teTAdministrator. Sübject to terms and conditions of -:: -sueB...jHH'Iehi;;EHIflt!-regti!ilÜon5-,~A-eoH1 pan i es are so I e !y--respon&i-Me-f(tr-ill 1--<305[S-0-[ removal, marketing and disposal of solid waste, yard waste and rccye-l-i$l€--~ }¡a€€{¡'-(}\It-.fE}f-H~eel-ion--hŸ-f'lFogram--paftæi-rilBt5-.(Ord. No. 91-124, § 7(A), 12-17-91; Ord. No. 93-167, § 7(A), 3-16-93) ORD# ,PAGE 29 Section 32. Section 12-57 of the Federal Way City Code is hereby repealed. ~11p]emontation ofreguJations. fat- The director is authorized to prepare aAY implemeßting regulations necessary f{)f the developmeßt and implementation of a voluntary garbage collection proi,Tam '",ith recycling rates b\Jilt in fur participation by resideRtial amI commercial generators of waGte materials. Such prografR shall Rot proHibit the cHstomary collection and sale of re€j'clable-anè-reltSable-mateFiaJ.s-.by-per sens-or-Imw~-r 0 e y e I e r s 0 r -affe€t-tht,~FighI5-ùf waste generators 10 coßtinuo to accumulate, Imy, sell or give recyclable materials to perwfl~1e-fFa~isee'-,l,rov-ièeè,-that-tl\e-fr_chisee has tho e*€lusi-ve-right-te collect curbside recyc1ables, and yare! wasle in (Hobne toters or yard .....asle blc!Flclles, provièed, farther, that this e¡¡c...ffis.i-v~I-f!et-aPflly to commeretal-€u&toffieFS-. (b) The director sflall pro\'idc for pHblic service aIll1O\fficoments, cooperatÍoR with the media, eooràinatiøn--wi-th-the--€OU~mpany and autflorized .ffafHòÌtÎ5ee,aflè infonnatiofl in cit:,' ¡mblicatÍons te the public notifying the ¡mblic of reeyclißg pregræn cloments aßd collection-times,alJ-ifHJ€€OHlan€e-v;ith tho franchise between the oolleetteH and recycling company and the city, (are!, No. 91 124, § 7(B), 12 1791; Ord, No. 93 167, § 7(B), 3 16 9Jj Section 33. Section 12-71 of the Federal Way City Code is hereby amended to read as follows: ORD# , PAGE 30 12-71 Rates for services. Ihç billing rates and service tees to be charged Residential iliQ1!L5ingle Family Residential and Multifamily Residential) customers for Garbage. Recvclables and Yard D~ÞIi~,_all(tÇgl11mercia] Customers for Garbagç;md Yan;lllebris collectiol} ¿md disposal services shall be set by the current service agreement between the Service Provider and theJ:LI)'. Such billing rates and service fees shall be published as required by Washing10n State law. and made available to the public upon reasonable request and as required by Washington State law. Changes to such billing rates and service fees mav be made as authorized in the current service agreement between the Service Provider and the City so long as proper public notice is given and the new billing rates and service fees are published as required by Washington State law, and made available to the public upon reasonable request and as required bv Washington State law. The current billing rates feF and services fees rendered lmder this cflafH.ef-shall be on file with the Çeity clerk. (Ord. No. 91-124, § 12, 12-17-91; Ord. No. 92-125, § 2, 1-21-92; Ord. No. 93-167, § 12,3-16- 93) Section 34. Section 12-72 of the Federal Way City Code is hereby amended to read as follows: 12-72 ColleetieR by fræ-1ehiseeBilling and cash receipting by service provider. Any Service Provider that has entere<J. into a serviee agreement with the City for the collection and disposal of Garbage, J3.ecyclables and/or Yard Debris is herebv ;!,ll!h().d.?ed to carry out the billing and cash rçc!èillting functions related to the colleetiol} and disposal services provided I()rj.!.!. .tlE.~,erv.ice a\!reement at the rates and fees gc,sigJ)<lI!è'L\berei n for )Sesitlgni;i) _Lb()lh_~'; il)gle__¡;'qJ.lli!L.ß~§identi.<!L--'LIl<.L['y!IlJtilÀ!l1ÌIY gesidential) Garbage, Recvclables_,!lllL'r;!r~j lkbris, and Commercial Customer Gaih~ ORD# . PAGE 31 and Yard Debris, and such other services as required and/or provided for under the ser-ice agreement. Unless otherwise specified ia aay franchise betY/eca the city and the c ¡I) L' & ~ C B- Uæ t W A- 4fane II ¡see , ~ I h e-If at! effis ee-s flaIk ell ed-e h a fg e& - Br- - SB w i € e5---reH d e red under this chap leI' from the --fJff5'Jn for whom colleetioA---5ffvices are fumished aael/or ewneT-{}f--lI-\e-i3Tt)~Fty--f_-wh¡€frthe--eB-Ueetioo-;;eNire--is-r-efjàffed---_( Orel- No. 91-124, § 11,12-17-91; Ord. No. 92-125, § I, 1-21-92; Ord. No. 93-167, § 11,3-16-93) Section 35. Section 12-73 of the Federal Way City Code is hereby repealed. 1273 FrcqucR€j' of billing. B-illiag-ffi£---ffites--aHlhoo~4--i-mpesed---by--thffi--aflÌ£Ie-¡;hall--be---made- m 0 fj t h I Y 0 l' quarterly and may include charges fÐr 5\-Ieh oilier services rendered by the franchisee. (Ord,--N{~+-!-2.A,;'; 11,1217 91; 0[(1,--1'.10. 92 I2~-§---+;--I---;!-I-9-~.<h-T"I0. en 167, § 11, ~ Section 36. Section 12-74 of the Federal Way City Code is hereby amended to read as follows: 12-74 Responsibility for deliREluenciesCollection of debt. All debt collection under this article must be handled by the franchisee Service Provider and the franchisee Service Provider is responsible for all delinquencies. Any such delinquencies shall not alleviate the franchisee Service Provider !Tom any obligations to the 6ityQ1y. (Ord. No. 91-124, § 11, 12-17-91; Ord. No. 92-125, § 1, 1-21- 92; Ord. No. 93-167, § 11,3-16-93) Section 37. Section 12-75 of the Federal Way City Code is hereby repealed. 1-2-75~¡C:ranühi5e€-fet-ai-A-agi:}. '¡:he--1i-anchisee shall retair:---tfle--amounts au1-l-\HriTt.'{¡--its-jÌ'anchì~'ce re',ainage n'om ORD# . PAGE 32 r"'VetH.le-H~¡'¡~nsideration ror tRe cast ofsef\'ice. (Orth-N~]2'1, § II, 12 17 91; Ord. No. n 125, ~ I, 12192; Ord. No. 93 167, ~ 11,3 1693) Section 38. Section 12-76 of the Federal Way City Code is hereby repealed. 1276 Pa)rnents to city. :rhe-trafl€hi~hal.]-makefaYf1lents to the city wilhìn-J{J-äa~¡'¡Íflg-e{ customer accounts. TRe payment sHall be equal to lIte monthly rate leGs the franchisee retaìHage-anlfHffi~lo. 91 12'1, ~ 11,121791; art!, ~¡o. 92 125, ~ I, 12192; anI-. No,9] lá7,~ 11,31693) Section 39, Section 12-77 of the Federal Way City Code is hereby repealed: 12-77 Lien and enforcement. FaillH'e to pay IHIY charge for solid waGte collection aREI diaposal, recyclable materiaJs.-oo!lætioIl and dispasal ar y-ard waste collecti~sal shall became a lien against tHe preperty for which tHe collection service is rendered, (ant Na. 91 121, § 13,1217 91; Ord. No. 93 167, § 13,3 Hi 93) Section 40. Severabilitv, The provisions of this ordinance are declared separate and severable. The inyalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereofto any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 41. Ratification. Any act consistent with the authority and prior to the effective date or this ordinance is hereby ratified and affinned. Section 42. Errective Date. This ordinance shall take erfect and be in rorce five days from the time of its final passage, as provided by law. ORD# , PAGE 33 PASSED by the City Council of the City of Federal Way this - day of 2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITII THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No.: ORD# , PAGE 34 MEETING DATE: December 18,2001 ITEM# ~ (t) '------------,------------,------,- - -------------~------------------------------------ ,-,---- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Extension of City Solid Waste Utility into Annexed Areas ------------------------------- ----- CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ---------------'--------------~------------------------------------------- ATTACHMENTS: Memo and introduction ordinance to Finance, Economic Development and Regional Affairs Committee dated November 28,2001. -~---,---,-----------,------,-------------,- -- _n______---------~,-----------~---------------,-,----,------- SUMMARYIBACKGROUND: The City Council, at its August 7, 2001 meeting, directed staff to develop documentation necessary for orderly extension of City Solid Waste regulatory authority to annexed areas. This documentation reflects RCW 35A.14.900, which establishes a process for extension of this authority. The two main components include issuing a franchise to the incumbent solid waste hauler(s) and providing specific notice of City intent begin regulating these areas. There are several benefits to begin regulation in newly annexed areas: creating consistent rates for all customers located within the City, ensuring consistent application of the City utility tax, enhancing the City's ability to ensure that quality service is provided to all customers, and reducing the potential for conflicts resulting when more than one hauler services an area. To complete the City's annexation history with respect to solid waste authority, the City provided notice to both Rabanco and Federal Way Disposal under a prior version of the RCWs for the City's only other annexation (Weyerhaeuser Corporate, 1994). The notice period has since expired, and this annexation was duly incorporated into the Solid Waste Utility and included under the new solid waste services contract. No claims to the contrary were submitted by either hauler. The revised RCWs set a seven-year period for the incumbent hauler(s) to continue serving the annexed areas. The intent of the "granted" franchise is for the WUTC to continue to set service standards and rates for these annexed areas during this seven-year period. The other issue created by the revised RCWs is that an incumbent hauler may now claim "measurable damages" at the conclusion of the seven-year notice period as a result of the City's extension of authority to the annexation. There are only two current accounts in the four recent annexations (both of which are already serviced by WM). Staff anticipates little controversy with extension of City Solid Waste authority to these areas. There is potential for these annexed areas to be developed, and as that happens, economic impacts will become a greater concern to Rabanco. Therefore, it is beneficial for this notification process to begin now. In pursuing a longer-tenD approach to annexation issues, staff will begin a negotiation process with Rabanco to develop a contract/franchise that expands upon the franchise granted in the attached draft ordinance. The goal will be to establish a nractical process for extension of City authority when future annexations occur in the City's Potential Annexation Area, 1 to reduce the potentia] any future claims for "measurable damages". CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance, Economic Development and Regional Affairs Committee recommends adoption of the ordinance and granting the solid waste hauling contract to Rabanco. ~--------------------------- ----------------------------------------------------------- ------------------------------------------ ------------------~------- PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on Januarydt 2002." - - ------------------------------------------- --- ------------------------------------------------------------------------------ ---- --------------------------------- - CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~71 REVISED - 05/10/2001 DATE: November 28, 2001 TO: Finance, Economic Development and Regional Affairs Committee Rob Van Orsow, Solid Waste and Recycling Coordinator ~ David H. ~anager Extension of City Solid Waste Utility into Annexed Areas FROM: VIA: SUBJECT: BACKGROUND The City Council, at its August 7, 2001 meeting, directed staff to develop documentation necessary for orderly extension of City Solid Waste regulatory authority to annexed areas. This documentation reflects RCW 35A.14.900, which establishes a process for extension of this authority. The two main components include issuing a franchise to the incumbent solid waste hauler(s) and providing specific notice of City intent to begin regulating these areas. The attached draft ordinance grants a franchise that is designed to satisfY both components. DISCUSSION There are several benefits to begin regulation in newly annexed areas: creating consistent rates for all customers located within the City, ensuring consistent application of the City utility tax, enhancing the City's ability to ensure that quality service is provided to all customers, and reducing the potential for conflicts resulting when more than one hauler services an area. The attached ordinance grants a franchise to apply specifically to the Rabanco Companies (Rabanco), one of two haulers regulated by the State Utilities and Transportation Commission (WUTC) pennitted to operate in the four City annexations that occurred after 1997 (please see attached map). Note that the other hauler is Waste Management, Inc. (WM), owner of the fonner Federal Way Disposal. WM has already complied with the tenns set forth in RCW 35A.14.900 through acceptance of provisions in the City's new solid waste and recycling service contract, and no additional notice is required for WM regarding these existing annexations. To complete the City's annexation history with respect to solid waste authority, the City provided notice to both Rabanco and Federal Way Disposal under a prior version of the RCWs for the City's only other annexation (Weyerhaeuser Corporate, 1994). The notice period has since expired, and this annexation was duly incorporated into the Solid Waste Utility and included under the new solid waste services contract. No claims to the contrary were submitted by either hauler. The revised RCWs set a seven-year period for the incumbent hauler(s) to continue serving the annexed areas. The intent of the "granted" franchise is for the WUTC to continue to set service standards and rates for these annexed areas during this seven-year period. The other issue created by the revised RCWs is that an incumbent hauler may now claim "measurable damages" at the conclusion of the seven-year notice period as a result of the City's extension of authority to the annexation. There are only two current accounts in the four recent annexations (both of which are already serviced by WM). Staff anticipates little controversy with extension of City Solid Waste authority to these areas. There is potential for these annexed areas to be developed, and as that SW&R Authority in Annexed Areas. November 28, 2001 Page2of2 happens, economic impacts will become a greater concern to Rabanco. Therefore, it is beneficial for this notification process to begin now. In pursuing a longer-term approach to annexation issues, staff will begin a negotiation process with Rabanco to develop a contract/franchise that expands upon the ftanchise granted in the attached draft ordinance. The goal will be to establish a practical process for extension of City authority when future annexations occur in the City's Potential Annexation Area. The negotiation process will also be designed to reduce the potential for any future claims for measurable damages by Rabanco for the areas that have already been annexed (as shown on the attached map). Staff will keep the City Council informed as results are generated ftom this negotiation process. RECOMMENDA nON Staff recommends that the Finance, Economic Development and Regional Affairs Committee (FEDRAC) forward the attached draft ordinance to the December 18, 2001 City Council Meeting Agenda as an introduction ordinance with a recommendation of adoption of the ordinance and granting the franchise to Rabanco. RMV:dl Attachments: Map of AlU1exalions Since 1997 Draft Franchise Ordinance k:\fedc\2001Iswr annexation.doc C,l Puget Sound City roC Federdl Way Annexations After 1997 - Annexations After 1997 D Current City Service Area D Potentiel Annexation Area 0 1/2 1 Mile Map Printed Novambar 20, ..' This map is intended for use as a graphical representation only. The City of Fedaral Way makes no warranty as to its accuracy or to the placement of service area boundaries outside city limits o:/tabitham/pubwks/wsa2.aml ORDINANCE NO. - DRAFT hi/>! ð r AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A FRANCHISE TO ALLIED WASTE INDUSTRIES, INc., AKA RABANCO COMPANIES TO OPERATE IN CERTAIN ANNEXED AREAS, IN ACCORDANCE WITH RCW 3SA.14.900 WHEREAS, the City of Federal Way ("City") operates a solid waste and recycling utility serving the entire City in accordance with its local regulatory authority consistent with resource management priorities established under chapter 70.95 RCW, with the exception of recently annexed areas as stipulated by RCW 35A.14.900; and WHEREAS, the City, by Federal Way City Ordinance No. 98-311 annexed to the City as of April 20, 1998 certain property described therein, Federal Way City Ordinance No. 98-332 annexed to the City as of January 9, 1999 certain property described therein, Federal Way City Ordinance No. 98-328 annexed to the City as of January IS, 1999 certain property described therein, and Federal Way City Ordinance No. 99-358 annexed to the City as of January 28, 2000 certain property described therein, ("Annexed Areas"); and WHEREAS, Allied Waste Industries, Inc., a Delaware corporation operating through its subsidiary, the Rabanco Companies ("Rabanco") has operated a municipal solid waste collection business in the Annexed Areas pursuant to a certificate of necessity and convenience (G-Certificate) issued by the Washington Utilities and Transportation Commission ("WUTC"); ORD# , PAGE I WHEREAS, RCW 35A.14.900 states that a pennit holder shall be granted by the annexing city a franchise to continue such business within the annexed territory for a tenn of not less than seven years; and WHEREAS, the Finance, Economic Development and Regional Affairs Committee reviewed this issue at its February 28, 2001 meeting, recommending adoption of this ordinance to the City Council; WHEREAS, on ,2001, after all public notice required by law, the full City Council held a public hearing on the proposed ordinance, heard public and City staff testimony, and considered the proposed ordinance; and WHEREAS, the City Council considered and voted to adopt this ordinance at its ,2001 meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. WUTC Regulation Canceled in Annexed Areas. The City hereby assumes jurisdiction over solid waste collection in the Annexed Areas. The publication of this ordinance shall constitute the City's notification to the WUTC under RCW 35A.I4.900. Section 2. Franchise Granted. In satisfaction of the City's obligations under applicable law, including without limitation, RCW 35A.14.900, the City hereby grants to Rabanco, its successors and assigns, a franchise to collect solid waste in the Annexed Areas subject to the tenus and conditions of Rabanco's WUTC G-Certificate #'12 commencing on January 1,2002. OR)# , PAGE 2 Section 3. Service and Charges. Rabanco shall continue to offer and provide the same collection services at the customer charges provided for under its tariff for WUTC Certificate #12. Operating standards shall be equivalent to and consistent with those required under WUTC regulation for Rabanco's certificated operations near or adjacent to the City. Section 4. Negotiated Franchise. This uanchise may be replaced by a continuation franchise on tenus negotiated between Rabanco and the City. Section 5. Compliance with Law. Rabanco shall comply with all City, County, State and Federal laws and regulations applicable to the services provided under this Franchise. Such compliance shall include, but not be limited to, maintaining a current City business license, collecting and paying utility and other taxes, and otherwise complying with City Code. Section 6. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 8. Effective Date/Notification. This ordinance shall take effect and be in full force on January 1, 2002, and shall tenninate upon sixty days written notice provided by the City, but no sooner than December 31, 2008, unless cancelled by ORD# -____,PAGE3 agreement or operation of law prior thereto. The City Clerk is hereby directed to publish this ordinance in full and to mail a copy of the Ordinance to the WUTc. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this_day of ,2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No.: k',o"oc;¡",db""\200""'rn';,"of"'yrol;dw.",i",o~oc"d.,,~.mdi"'oc"fi",II"d,,"""" ORD# , PAGE 4 MEETING DATE: December 18,2001 ITEM# 1liJ.-( (!) / "--" "-"------------------------------- ----------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Portion of Milton Road South Street Vacation Ordinance ---------1; BUDGET IMPACT: ~ ORDINANCE Amount Budgeted: D PUBLIC HEARING Expenditure Amt.: D OTHER Contingency Req'd: CATEGORY: D CONSENT D RESOLUTION D CITY COUNCIL BUSINESS $ $ $ -" ----"------------------------------------------------------------------ ATTACHMENTS: Ordinance "-"-"""- -"-----------------------------------------------------------"------ SUMMARYIBACKGROUND: The Public Hearing for the Portion of Milton Road South Street Vacation was held at the August 7, 2001 City Council meeting- No public comments were received, and the City Council approved Resolution #01-344 directing the City Attorney to prepare an Ordinance vacating a portion of Milton Road South upon the satisfaction of the following: Utility easements have been granted to all existing utilities within the right-of-way area to be vacated B. A temporary utility construction easement has been granted to Lakehaven Utility District for sewer line bore pit. C. The owner of abutting property has paid the City the appraised fair market value of the right-of-way to be vacated. The owner of the abutting property (EPI Realty Holdings) hired an appraiser to appraise the subject property. The appraiser detennined a value of$6.5 per square foot, for a total of $325,000.00. The City's appraiser concurred with the appraised value submitted by EPI Realty Holdings, and the money has been received. Also the owner have signed the required utility easement for all existing utilities within the right- of- way to be vacated and the required temporary construction easement for Lakehaven Utility District- The owners of the abutting property have satisfied the conditions outlined in Resolution #01-344 and paid the City the appraised fair market value of the right-of-way to be vacated- --------------------------------------"---------------------------"---"- An ordinance vacating the property is attached to this memo, and staff will be present at the City Council meeting to answer questions and provide additional information as needed. --------------------------------------------"----------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: At its June 18,2001 meeting, the Land UselTransportation Committee recommended approval of the Resolution to fix the date and time of the public hearing, to be at the City Council meeting on August 7, 2001 at 7:00 p.m. :OPOSED MOTION: "I move the proposed ordinance to second reading and approval at he next meeting on January 2, 2002. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~7~ REVISED - 05110/2001 ORDINANCE NO. DRAFT I¥(~/a) AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF MILTON ROAD SOUTH, SOUTH OF ENCHANTED P ARKW A Y AND ON THE EASTERN BOUNDARY OF THE ENCHANTED PARKS PARKING LOT. WHEREAS, a valid petition has been filed by the owners of at least two-thirds ofthe abutting property requesting vacation of a portion of Milton Road South, South of Enchanted Parkway and on the eastern boundary of the Enchanted Parks parking lot, in the City of Federal Way, and WHEREAS, pursuant to Resolution 01-340, the Federal Way City Council held a public hearing at its regular meeting on August 7, 2001, to consider the petition for vacation as required by state law and Federal Way City Code Section 13-102; and WHEREAS, following the conclusion of the public hearing on August 7, 2001, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWCC Section 13-102, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 01- 344 and payment of compensation by the owners ofthe abutting property; and WHEREAS, the owners of the abutting property have satisfied the conditions outlined in Resolution 01-344 and paid the City the appraised fair market value of the right-of-way to be vacated, in the amount of Three Hundred Twenty Five Thousand and Noll 00 Dollars ($325,000.00); ORD# ,PAGE I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Vacation. That portion of the right-of-way of Milton Road South, South of Enchanted Parkway and on the eastern boundary ofthe Enchanted Parks parking lot, as described in Exhibit "An (legal description) and as depicted on Exhibit "A-I" (vicinity map) attached hereto)s hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with state law. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity ofthe remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Anyàct consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. ORD# , PAGE 2 PASSED by the City Council of the City of Federal Way this ,2001. ATTEST: CITY OF FEDERAL WAY MAYOR, MIKE PARK CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordin\miltvacat ORD# ,PAGE 3 day of EXHIBIT "A" Enchanted Parks Job. No. 163-10-000-002 February 27, 2001 LEGAL DESCRIPTION FOR LEASE AREA TO BE VACATED That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~ W.M, King County, Washington, being more particularly described as follows: COMMENCING at the southwest comer of said Section 28, being a cased monument with a brass disk with punch marl<; THENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet; THENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway Enginee(s Station (hereinafter referred to as HES) 1825+50 on the IE line as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3, as approved April 17, 1969, and being 175 feet easterly as measured at right angles therefrom and a point of curvature; THENCE along the easterly margin of said SR-5 as depicted on said plans, northeasterly 183.60 feet along the arc of a non-tangent curve to the left, having a radius of 11635.00, through a central angle of 00°54'15" to a point on said curve and the TRUE POINT OF BEGINNING; THENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of curvature; THENCE northeasterly 47.15 feet along the arc of a tangent curve to the righ~ having a radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency; THENCE N 24°01'30" E, 701.97 feet; THENCE N 28°35'56" E, 150.48 feet; THENCE N 24°01'30" E, 21.93 feet to a point of curvature; THENCE northeasterly 478.16 feet along the arc of a tangent curve to the righ~ having a radius of 711.00 fee~ ihrough a central angle of 38°31 '58" to a point of compound curvature; www",mci,it"om h,om' (2531 927 0619 5..111.(20"""", "<em"'o. ""I '" ",5 :", 'ò'" "¡."p", '; 720 So.'h "8th 5".., F.d",' W'y, WA 98003 T., (2531 836 "" Fu (2531 8J8 7104 P.",w>,-.' ",,¡,., .-.-", I"", So' .e.'" Enchanted Parks Job. No. 163-1 O.ooo-D02 February 27, 2001 THENCE easterly 38.52 feet along the arc of a tangent CUNe to the right, having a radius of 25.00 feet, through a central angle of 88°16'21" to the northwesterly extension of the southwesterly margin of SR-161 as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT. SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958; THENCE along said southwesterly margin S 25°46'20" E, 31.50 feet to the easterly margin of SR-5, as depicted on said plans, said margin also being the easterly margin of that portion of land conveyed to King County by instrument number 8505070897, King County Records; THENCE continuing along said easterly margin S 58°46'00" W, 341.14 feet; THENCE continuing along said easterly margin S 24°01'30" W, 1046.60 feet to a point of cuNature; THENCE continuing along said easterly margin southerly 37822 feet along the. arc of a tangent CUNe to the right, having a radius of 11,635.00 feet, through a central angle of 01 °51'45" to the TRUE POINT OF BEGINNING. Containing 50,046 square feet or 1.15 acres, more or less. See attached Exhibit "B". t, \engr\esm-jobs\ 163\ 1 OldocumentsUease-vacate.doc Written by: RAE Checked by: M.RB. )-).7-<; I EXHIBIT A-I TO ACCOMPANY LEGAL DESCRIPTION FOR lEASE AREA TO BE VACATED A PORTION OF THE SW 1/4 OF SECTION 28, TWP, 21 N" RGC 4 C, W,M.. KING COUNTY, WASHINGTON '!), SCAlE: t ~ f) "ïr... f ,:r0. ðií:l " It!;' Q' f> $, '" if v, 0';; ðo~~ ""'"~~, isisl"l ~...,¿j.? J'$¡if~ / l:'~!1'::; if ..(&.3' (;! J?'" ú $'¡;¡IÞ 8:v,j?Jf, " v¡,,/i'?/!J if > 'C(Y '" "" ð .?tf~,,~ 'f' "'1rðJ'j , ~,?:~1f.?f ~ v",,¿}.'C ~ ð/lifo~f) f!,,~~~ !;'~'C",¡t f Jfifi:,'C !è , ~'" 'C J.'i:O~4- ...,' ~Q'". ¿¡- .::;."'fife..., !:i#",',f/$¡ °.::r¡;¡ 1"=200' PORTION OF RIGHT-OF-WAY WITHIN LEASE AREA (83,887 SLt) POINT OF BEGINNING 32 33 I,\..mjob'\ 163\ 10\pI01'\"h-leo,,-legol.d-g 1==I=i~1 CON,UtTiNG ENGINEER' "C ---- 720 S. 3461h 5..., I e I ~ I ~ I F""~oJ W.y, WA 96003 www,esmcivacom :":' !;!!¡ ;;¡:~;; ~:::o<'.~;;::'~. I ~=-<:"::::~~.., I :::::::':::'~M'«"" JOB NO, DRAWING NAME, OAT£ , DRAWN, SH££T 1 or 1 163-10-000-002 £XH-L£AS(VAC.OWG 02-26-01 RAF