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Council PKT 03-20-2001 RegularCity of ~ederal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Eric Faison Mary Gates Michael Hellickson Linda Kochmar Dean McColgan CITY MANAGER David H. Moseley Office of the City Clerk March 20, 2001 IV. Vo AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall March 20, 2001 - 7:00 p.m. (www. ci.federal-way, wa. us) CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS SPIRIT Award/Month of March Proclamation/Sister City Tonghae Incorporation Anniversary_ Proclamation/Camp Fire's Absolutely Incredible Kids Day Parks/Recreation Commission Introductions/Certificates City Manager/Introduction of New City Employees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE O~ MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmemberfor separate discussion and subsequent motion.) a. Minutes/March 6, 2001 Regular Meeting b. BPA Trail Phase III/Trail Construction/Bid Award c. 23rd Ave S. Road Improvements Project - 100% Design Approval and Authorization to Bid d. Chamber 2001 Tourism Service Amendment over please... VI. VII. VIII. IX. Xo ao 2000 Tourism Enhancement Grant Award 2001-02 Domestic Violence Advocacy RFP Jail Interlocal Agreement/City of Fife 2001 Interlocal Agreement for Waterfowl Management Program INTRODUCTION ORDINANCES Council Bill ~r264/Amendments to FWCC Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS MAXIMUM HEIGHTS AND OTHER MISCELLANEOUS CHANGES. Council Bill #265/Sprint Wireless Site Lease/Franchise Agreement Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 99-359 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO SPRINT SPECTRUM, L.P., A DELAWARE LIMITED PARTNERSHIP, TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHING THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATION CABLE WITHIN AND THROUGH THE CITY OF FEDERAL WAY. CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) ADJOURNMENT - ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THERE ARE 2 COMPLETE AGENDA PACKETS AVAILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS MEETING DATE: March 20, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Minutes for March 6, 2001 regular meeting SUMMARY/BACKGROUND: Official City Council meeting unites for permanent records pursuant to RCW requirement. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a CITY MANAGER RECOMMENDATION: Move approval of the official minutes. APPROVED FOR INCLUSION IN COUNCJ]~-~/~ A PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K :\CLERKLA. GNDABIL.WPD FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City tt~!! March 6, 2001 - 7:00 p.m. MINUTES CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:01 p.m. Federal Way Harmony Kings opened the meeting by performing two songs for the council and citizens. Mayor Park recognized 30~ District Representative Mark Molokai and an Assistant Professor from Hachinohe, Japan, as visitors in tonight's audience. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Eric Faison, Mary Gates, Michael Hellickson, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, and Deputy City Clerk Stephanie Courmey. II. PLEDGE OF ALLEGIANCE Councilmember Burbidge led the flag salute. III. PRESENTATIONS a. Proclamation/Literacy Celebration Councilmember McColgan read and presented the Literacy Celebration to Debbie McGee and Sandy Nelson on behalf of the "Open Books - Open Minds" campaign. Ms. McGee and Ms. Nelson accepted the proclamation and announced the kickoff of the 2~ Annual event, where they hope to raise $50,000. They extended thanks to city staff, citizens commissions, Human Services Manager Ann Guenther and Information Systems Manager Mehdi Sadri for their time to support to this years campaign b. Human Services Commission IntroductionS/Certificates Councilmember Burbidge announced and introduced new Human Service Commissioners David City of Federal Way City Council Regular Meeting Minutes March 6, 2001 - Page 2 Baker, Julie Grant, Dave Larson and Keri Newport. c. City Manager/Introduction of New City Employees City Manager David Moseley announced and introduced new employees: Dan Smith, Surface Water Program Coordinator, and Rolfe Pedersen, Street Maintenance Worker I, for the Public Works Department. d. City Manager/Emerging Issues City Manager David Moseley referred to Assistant City Manager Derek Matheson to update council on the South King County Technology Alliance, and Public Works Director Cary Roe to update council on the recent incident at 4a Ave S. and Dash Point Road. Assistant City Manager Derek Matheson gave a brief overview of the South King County Technology Alliance. Mr. Matheson noted the alliance was formed by public and private entities in effort to recruit high technology industry to the South King County area. South King County Technology Alliance is hosting a "High-Tech CEO Session" on March 20t~ at Highline Community College. Public Works Director Cary Roe briefly updated council on the incident record of the intersection at 4~ Avenue South and Dash Point Road, where a school bus vs. car accident occurred last week. He advised there had been sixteen accidents in the past three years, and that this intersection had been ranked 16~ in problematic intersections. He advised Council of the possibly in submitting a grant application for 2002/2003 funding. IV. CITIZEN COMMENT Conn Hellickson, voiced concern over the recent accident at 4~ Avenue South and Dash Point Road, he noted this should be a high priority due to the numerous bus and pedestrian traffic which travels through this intersection. Bruce Avila, Juan Sanchez, Yasmina Avila, Mike Weinman, and Bob Clark, all addressed council voicing concerns and problems in their neighborhood. City Manager David Moseley asked the Community Development Department and the Public Safety Department to look into this neighborhood problem and advise council at the next regular meeting. Ye CONSENT AGENDA Minutes/February 20, 2001 Regular Meeting -Approved Vouchers-Approved Final 2000 Financial Report-Approved City of Federal Way City Council Reg~dsr Meeting Minutes March 6, 2001 - Page 3 d. Council Bill g263/SR 99 Right-of-Way Improvements/Condemnation eo g. h. i. j. k. 1. - Enactment Ordinance-Approved Ordinance #01-384 Batting Cage Agreement/Celebration Park-Approved Horseshoe Pitches/Steel Lake Park-Approved 2001 Arts Commission Work Program-Approved 2001 CDBG Contingency Plan Revision-Approved 2001 One-Time Human Services Funding-Approved Jail Interlocal Agreement/City of Fife - Pulled by Councilmember Burbidge Regional Jail Interlocal Agreement/Chelan County-Approved Twin Lakes Neighborhood Traffic Safety Project-Approved COUNCILMEMBER HELLICKSON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. Councilmember Burbidge pulled Consent Item (j)/Jail Interlocal Agreement/City of Fife. Councilmember Gates pulled Consent Item (c)/Final 2000 Financial Report. Councilmember Faison pulled Consent Item (e)/Batting Cage Agreement/Celebration Park. The motion to approve Consent Items (a), (b),(d),(f),(g),(h),(i),(k), and (1) passed as follows: Burbidge Yes Kochmar Yes Faison Yes McColgan Yes Gates Yes Park Yes Hellickson Yes Consent Item (c)/Final 2000 Financial Report: Councilmember Gates extended her thanks to Management Services Director Iwen Wang and her staff for the excellent work they have done, including receiving a bond rating upgrade. She also thanked her colleagues who served on the Finance/Economic Development/Regional Affairs Committee this year and last. COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT ITEM (c)/FINAL 2000 FINANCIAL REPORT AS PRESENTED; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Burbidge Yes Kochmar Yes Faison Yes McColgan Yes Gates Yes Park Yes Hellickson Yes Consent Item (e)/Batting Cage Agreement/Celebration Park: COUNCILMEMBER HELLICKSON MOVED APPROVAL OF CONSENT ITEM (e) AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. City of Federal Way City Council Regular Meeting Minutes March 6, 2001 - Page 4 COUNCILMEMBER FAISON MOVED TO AMEND THE AGREEMENT FOR CLARIFICATION PURPOSES; COUNCH.,~MBER HELLICKSON SECOND. The amendment passed as follows: Burbidge Yes Kochmar Yes Faison Yes McColgan Yes Gates Yes Park Yes Hellickson Yes The main motion as amended passed as follows: Burbidge Yes Kochmar Yes Faison Yes McColgan Yes Gates Yes Park Yes Hellickson Yes Consent Item (j)/Jail Interlocal Agreement/City of Fife: COUNCIL~MBER BURBIDGE MOVED TO POSTPONE CONSIDERATION OF THE JAIL INTERLOCAL AGREEmeNT WITH THE CITY OF FIFE UNTIL THE NEXT REGULAR COUNCIL MEETING, MARCH 20m; COUNCILMEMBER MCCOLGAN SECOND. Councilmember Burbidge noted the city received requested changes from Fife to portions of the interlocal agreement. She advised postponing this item until the next Council meeting would allow time for staff to evaluate the changes and brief Council. The motion passed as follows: Burbidge Yes Kochmar Yes Faison Yes McColgan Yes Gates Yes Park Yes Hellickson Yes VI. CITY COUNCIL BUSINESS Parks/Recreation Commission Appointment COUNCILMEMBER BURBIDGE MOVED APPOINTMENT OF JOHN MORRISON TO THE PARKS/RECREATION COMMISSION, TO FILL THE UNEXPIRED TERM THROUGH APRIl. 30, 2002; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: City of Federal Way City Council Regular Meeting Minutes March 6, 2001 - Page 5 Burbidge Yes Kochmar Yes Faison Yes McColgan Yes Gates Yes Park Yes Hellickson Yes VII. CITY COUNCIL REPORTS Councilmember Gates reported on various regional issues including a written update on Sound Transit; she announced Sound Transit would begin Sounder service for Mariner's games, Sunday, April 22~l. Councilmember Burbidge announced the next meeting of the parks/Recreation/Human Service/Public Safety Committee would be March 13'a at 12:00 p.m.; she reported on her attendance at various regional meeting and announced upcoming events at the Knutzen Family Theatre. Councilmember Hellickson had no report this evening. Councilmember Faison had no report this evening. Councilmember McColgan announced the next meeting of the 1.and Use/Transportation Committee would be March 19a at 5:30 p.m. in Council Chambers; he also encouraged citizens to review the Spring Parks and Recreation brochure that was mailed; it offers many new classes and opportunities. Deputy Mayor Kochmar thanked Public Works Director Cary Roe, City Manager David Moseley, Police Chief Anne Kirkpatrick and the emergency management committee for their response after the recent earthquake. She also extended a thank you to the Harmony Kings for their wonderful entertainment this evening in opening the meeting. Mayor Park noted the recent 11a anniversary of the city's incorporation, February 28, 2001. VIII. CITY MANAGER REPORT City Manager David Moseley commended Public Works Director Cary Roe and staff for their response to the earthquake days earlier. He noted the Emergency Operations Center was opened within thirty minutes of the incident and closed that same day around 3:30 p.m. Mr. Moseley noted Public Works would be hosting a open house at the SeaTac Mall, March 7~ at 5:00 p.m. The planned topic will center on the 23~ Ave S and Pacific Hwy South improvements; citizens and business owners are encouraged to attend. He announced there were 18 bids for the BPA Trail Phase III project; which is a record amount City of Federal Way City Council Regular Meeting Minutes March 6, 2001 - Page 6 received, with the apparent low bidder approximately 10% below the engineers estimate. City Manager David Moseley thanked Human Service Manager Ann Guenther and the staff who helped put together the volunteer recognition dinner held March 2~; it was a wonderful event again this year. Mr. Moseley further reminded council for the need for executive session for the purposes of discussing potential litigation/pursuant to RCW 42.30.110(1)(i); it will last approximately twenty minutes with no action anticipated. IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(D0) At 8:36 p.m. Mayor Park announced the council would be recessing to an executive session for approximately twenty minutes, with no action anticipated. Council returned to chambers at 9:05 p.m. X. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 9:05 p.m. Stephanie D. Courtney Deputy City Clerk - MEETING DATE: March 20, 2001 ITEM# "~ ~ bx) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: BPA TRAIL PHASE III - BID AWARD .... ................................................................................................................................ ................................................................. ................... X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ March 5, 2001. ..... ~MMXRY~XC~KG.I~N~.i~fi.i~ii~f~)-~;~-i:~i~ii~-~;~ii~ii~.~i~i~;~;~i~i3~..~.~i3~i~i~i5 .... a.m. for the BPA Trail Phase III Project (See attached Bid Tabulation). The Lowest three bidder are as follows: Golf Landscaping, Inc. Precision Earthwoks, Inc. Pivetta Brother Construction, Inc. Engineer's Estimate Total $484,OOO.OO $526,490.40 $531,982.95 $557,000.00 The lowest responsive, responsible bidder is Golf Landscaping, Inc. with a total bid of $484,000.00 which is $73,000.00, or 13.11% below Engineer's Estimate. AVAILABLE FUNDING The available funding for the BPA Trail Phase III Project is $1,181,164.00, and is comprised of the following: Federal Grants $ 929,775.00 Reapprop BPA Trail Phase II $ 59,860.00 Mitigation Funds $ 30,529.00 Paths and Trail Fuel Tax $ 11,000.00 City Funds $ 150,000.00 Total $1,181,164.00 ESTIMATED EXPENDITURES The estimated expenditures for this project are comprised of the following: Design Right of Way Cost WSDOT Low Bid (Golf Landscaping, Inc.) 10% Construction Contingency Construction Management Printing and Advertising Total $147,090.00 $ 8,000.00 $ 8,000.00 $ 484,0OO.OO $ 48,400.00 $ 85,000.00 $ 5,000.00 $ 785,490.00 The estimated expenditures are $395,674 less than the funding available. Recreation Human Services and Public Safety Committee forwarded to the full City Council for approval, the following staff recommendations: 1. Award the BPA Trail Phase III Project to Golf Landscaping, Inc., the lowest responsive, responsible bidder, in the amount of $484,000.00, and approve a 10% contingency of $48,400.00, 2. Authorize the City Manager to execute the contract. Committee also directed staff to review criteria as it relates to the two percent for the arts ordinance to see if there is an appropriate application of this criteria for this project and to bring back to the Parks Council Committee the findings of this review. . ..... Golf Landscaping, Inc., the lowest responsive, responsible bidder, in the amount of $484,000.00, approve a 10% contingency of $48,400.00, and authorize the City Manager to execute the contract. Also, direct staff to review criteria as it relates to the two percent for the arts ordinance to see if there is an appropriate application of this criteria for this project and to bring back to the Parks Council Committee th"e"~K°~f [his'"' ~ "/x- review. .... ....................... ................................................................................ (BELOtV TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills~2001\bpa trail iii - bid award.doc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ITEH S.A CITY OF FEDERAL WAY PUBLIC WORKS DEPARTMENT Date: To: From: Via: Subject: March 12, 2001 Parks, Recreation, Human Services~a~ Public Safety Council Committee Marwan Salloum, Streets Manag~//~~- David M~~anager ~ BPA Trail Phas~ HI, Bid Award BACKGROUND Eighteen (18) bids were received and opened on February 27, 2001 at 10:10 a.m. for the BPA Trail Phase III Project. See attached Bid Tabulation. The lowest three bidders are as follows: Golf Landscaping, Inc. Precision Earthworks, Inc. Father and Son Construction, Inc. Total $ 483,990.00 $ 526,490.40 $ 531,883.20 Engineer's Estimate $ 55 7, 000. O0 The lowest responsive, responsible bidder is Golf Landscaping, Inc. with a total bid of $483,990.00, which is $73,010.00, or 13.11%, below the Engineer's Estimate. AVAILABLE FUNDING The available funding for the BPA Trail Phase III Project is $1,181,164.00, and is comprised of the following: Federal Grants Reapprop BPA Trail Phase II Mitigation Funds Paths and Trail Fuel Tax City Funds $ 929,775.00 $ 59,86O.OO $ 30,529.00 $ 11,000.00 $ 150,000.00 Total $1,181,164.00 ESTIMATED EXPENDITURES The estimated expenditures for this project are comprised of the following: Design Right of Way Cost WSDOT Low Bid (Golf Landscaping, Inc.) 10% Construction Contingency Construction Management Printing and Advertising $ 147,090.00 $ 8,000.00 $ 8,OOO.OO $ 483,990.00 $ 48,400.00 $ 85,000.00 $ 5,000.00 Total $ 785,480.00 The estimated expenditures are $395,684.00 less than the funding available. COMMITTEE RECOMMENDATION Staff recommends the following items be forwarded to the Council consent agenda: 1) Award the BPA Trail Phase III Project to Golf Landscaping, Inc., the lowest responsive, responsible bidder, in the amount of $483,990.00, and approve a 10% contingency of $48,400.00, 2) Authorize the City Manager to execute the contract. k:\prhsps\bpa phase 3 bid award.doc CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 23ra Avenue S Road Improvements Project (S 316th to S 324th Street) - 100% Design Approval and Authorization to Bid X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo to the Land Use and Transportation Committee dated February 21, 2001; Tacoma Public Utilities ILA; Lakehaven Utility District ILA; Sound Transit ILA; Memo to Council dated March 14, 2001. been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: City Center beautification improvements, including utility underground conversion and construction of the downtown streetscape plan conforming to City Center Street Design Guidelines from I-5 to the easterly limit of the S 320th and SR-99 Improvement project. · Sound Transit required frontage improvement along 23ra Avenue S. · Tacoma Public Utilities Water Division 72" casing pipe. · Lakehaven Utility District water and sewer utility adjustment and pipe replacement. In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. Copies of the proposed ILAs for Lakehaven Utility District, Tacoma Public Utilities and Sound Transit are attached for your consideration. Staff seeks Council's authorization to enter into these agreements. In addition, the proposed Sound Transit Agreement that was presented and approved at the February 21St Land Use and Transportation Committee meeting has been revised due to ongoing negotiations with Sound Transit and as a result staff has prepared the attached memo which outlines the said revisions. interlocal agreements, is $9,905,362.00. This project is on budget and we anticipate bidding the project in late March and awarding in early May. All required right of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. Use and Transportation Committee forwarded the follOwing recommendations: 1. Approve the 100% design plans for the 23rd Avenue South Road Improvements Project. 2. Authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23ra Avenue South Road Improvements Project. 4. Authorize entering into the proposed Interlocal Agreement with the Tacoma Public Utilities Water Division for the 23rd Avenue South Road Improvements Project. 5. Authorize entering into the proposed Interlocal Agreement with Sound Transit for the 23ra Avenue South Road Improvements Project. Avenue South Road Improvements Project, and to authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. Further to authorize entering into interlocal agreements with Lakehaven Utility District, Tacoma Public Utilities and Sound Transit for the 2..3..~......A.....v....e....n....u....e...S...o....u...!..h......R...o_..a....d....!_m_p....r.~..v...e.....m_e..~./t~. .................................................... ........................ ..... ~i}'~'~~"~'i~-'i~'~'i~ION IN COUNCIL PACKET: I / ) ] ¥ kx (BELOW TO BE COMPLETED BY CITY CL 'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\2001~23 ave 100%.doc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: TO: FROM: VIA: SUBJECT: February 21, 2001 Dean McColgan, Chair Land Use and Transportation Committee ~,~_~ Marwan Salloum, Street Systems Manager~ David H. Moseley, City Manager 23~ Avenue S Road .Improvements project (S 316t~ to S 324a Street) - 100% Design Approval and Authorization to Bid BACKGROUND The proposed 23~a Avenue S Road Improvements Project design has been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: · City Center beautification improvements, ine]udingutilityundergroundconversionand constmctionof the downtown streetscape plan conforming. ~?City Center Street Design Guidelines from I-5 to the easterly limit of the S 320~ and SR-99 Improvement project. · . Sound TranSit required frontage improvement along 23~ Avenue S. · Tacoma Public Utilities Water Division 72" casing pipe. · Lakehaven Utility District'water and sewer utility adjustment and pipe replacement. PROPOSED INTERLOCAL AGREEMENI~ In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements 0LA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. A copy of the proposed ILA for Lakehaven and Tacoma Public Utilities is attached for your consideration. The Sound Transit ILA will be provided at the meeting. Staffseeks Council's authorization to enter into these agreements. PROJECT COST ESTIMATES Planning and Design Engineer's Construction Estimate Construction Management Underground Conversion (PSE) Right of Way Acquisition $ 700,000.00 6,500,000.00 600,000.00 369,900.00 1,000,000.00 Includes City Center beautification improvements and 10% project contingency S 320th Street and 23'a Avenue S Includes the area needed for Sound Transit frontage improvements Total Estimated Project Costs $ 9,169,900.00 AVAILABLE FUNDING Grant Funding Mitigation Fund City Center Beautification Improvements PSE and US West Underground Conversion Lakehaven Utility District Tacoma Public Utilities Sound Transit Budgeted City Match 5,478,700.00 809,185.00 497,744.00 337,400.00 101,066.00 97,267.00 400,000:00 2,184,000.00 TIA $4,726,700.00 and STPUL $752,000.00 Landscaping, decorative lights, etc. S 320'~ Street Utility replacement/adjustment cost Total Available Budget $ 9,905r362.00 This project is on budget and we anticipate bidding the project in early March and awarding in April. All required right of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. RECOMMENDATION Staffreeommends p!acing the following items on th~,March 6, 2001 Council consent agenda for approval: 1.. Approve the 100% design plans for the 23'~ Avenue South Road Improvements~Project 2. Authorize staffto bid the project and return to the City Coun6il in April for permission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23~ Avenue South Road Improvements Project. 4. Authorize entering into the proposed Interlocal Agreement with the Tacoma Public Utilities Water Division for the 23a Avenue South Road Improvements Project. 5. Authorize entering into the proposed Interloea'l Agreement with Sound Transit. cc: Project File Day File k:\lutc~200 IL23rd ave. 100%.doc DRAFT INTERLOCAL AGREEMENT ,~/~'///t9 ] ' BETWEEN THE CITY OF FEDERAL WAY AND TACOMA PUBLIC UTILITIES WATER DIVISION FOR THE 23R° AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316TH STREET TO SOUTH 324TH STREET) THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and the City of Tacoma Department of Public Utilities, Water Division (hereinafter "Water Division"). WHEREAS, the City proposes to proceed with the 23~ Avenue South Road Improvements Project (South 316th Street to South 324~ Street) (hereinafter "Project"); and. WHEREAS, The Water Division is planning the construction of a water transmission line in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, Chapter 39~34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development oftheir local communities; and WHEREAS, The Water Division can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the Water Division, including letting a public works construction contract for the installation of a 72" casing pipe in connection with the Project (hereinafter "Water Division Work"), and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The Water Division shall provide the City reproducible.construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the Water Division Work to become a part of the plans and specifications for the Project. The design work shall be _pe~f_~_ormed by the Water Division's design contractor. II. BIDDING. A. It is the intention of the City and the Water Division that the Water Division plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the Water Division shall be furnished with the bid responses submitted for the Water Division Work for the Water Division's approval. Within ten days of receiving the bid prices, the Water Division shall notify the City in writingthat the Water Division either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the Water Division Work until the City has received approval from the Water Division for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the Water Division, are acceptable to the Water Division for the Water Division Work, the Water Division shall so immediately notify the City. The Water Division Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocai Agreement shall terminate effective the date of the Water Division's notice to the City of the Water Division's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The Water Division grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Water Division sufficient to carry out the provisions of this Agreement. B. The Water Division shall furnish a construction observer to ensure proper compliance with requirements during installation of the Water Division Work. The Water Division's construction observer shall advise the City of any deficiencies noted. The Water Division's construction observer, however, shall not csmmunicate directly with or instruct the contractor directly on any matters regarding contract performance. C. The Water Division shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the Water Division Work, which changes shall be made, if feasible. The City shall notify the Water Division, in writing, of any changes required of the Water Division Work and shall obtain the Water Division's approval of such changes. The Water Division's approval shall not be unreasonably withheld. The Water Division shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the Water Division. IV. PAYMENT. A. The Water Division shall reimburse the City for all costs incurred by the City in performing the Water Division Work, which costs shall include but are not limited to the Water Division Work performed by the Project contractor(s), all Water Division requested changes, and the Water Division's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments shall be due from the Water Division to the City within thirty (30) days after receipt of invoice from the City of said sums billed to the Water Division. Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. . ::~ A. The City agrees to indemnify and hold the Water Division, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and ali attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The Water Division agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the Water Division, its agents or employees, or by Water Division's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. Page 2 VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the Water Division rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Following completion of the construction and City's acceptance of the Project as fully constructed according to .plans, specifications and change orders, the City shall provide a Bill of Sale transferring ownership of the water mains and appurtenances to the Water Division and the Water Division shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agr.eement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended'for additional periods of time upon mutual written agreement of the City and Water Division. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto Set their hands and seals the day and year first above written. CITY OF FEDERAL WAY TACOMA WATER DMSION David H. Moseley, City Manager Water Superintendent Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Bob C. Sterbank, City Attorney K:~STREETS'~PROJECTS~23RDYI'acoma Water, LA TACOMA.doc !/23/01 Chief Asst. City Attorney P~e3 EXHIBIT "A" 23RD AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316t~ STREET TO SOUTH 324TM STREET) ESTIMATED DESIGN, CONSTRUCTION, PROJEC T ADMINIS TRA TION AND CONSTRUCTION MANAGEMENTCOSTS FOR INCLUDING TACOMA PUBLIC UTILITIES WATER DIVISION 72"CASING PiPE ESTIMATED DESIGN COST Estimated design administration costs (ENTRANCO) ESTIMATED CONSTRUCTION COSTS Mobilization Construction Staking Off- Duty Uniformed Police Officer Traffic Control Labor 72" Casing Pipe Trench Safety System 10% Construction Cost LS 32 hours @ $ 32.00/HR 120 hours @ $ 34.00/HR ILS ILS $2,643.00 $ 6,000.00 $ 3,600.00 $1,024.00 $ 4,080.00 $45,000.00 $10,000.00 Subtotal Construction $69,704.00 Sales Tax @ 8.6% of Construction Cost Subtotal Constriction Including Sales Tax $ 5,995.00 $75,699.00 Construction Contingency (10% of Construction cost.) Construction Administration (5% of Construction cost) Construction Management (10% of Construction cost.) TOTAL CONSTRUCTION COST $ 7,570.00 $ 3,785.00 $ 7,570.00 $9~t1624.00 TOTAL PROJECT COST (ENGINEERING & CONSTRUCTION) $97,267.00 Note: Costs represented are estimates only. Actual costs incurred will be' used to calculate final cost of Tacoma Public Utilities Water 72"Casing Pipe portion for reimbursement to the City. K:\STREETS\PROJECTS\23\TACOMA WATER\ILA 1123/O1 Page 4 INTERLOCAL AGREEMENT BETWEEN THE CLq'Y OF FEDERAL WAY AND LAKEHAVEN UTiLiTY DISTR~CT FOR THE 23R° AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316TH STREET TO SOUTH 324TH STREET) THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "Oty") and Lakehaven Utility District (hereinafter "District~). WHEREAS, the City proposes to proceed with the 234 Avenue South Road Improvements Project (South 316th Street to South 324m Street) (hereinafter "Project"); and WHEREAS, the District provides Water and sewer service in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants, Valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 (Intedocal Cooperation Act) permits local governmental units to make the most effident use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The District shall reimburse 'the City for the reprodudble construction drawings, special contract provisions, and other necessary documents, 'which shall suffidenUy detail requirements for the District Work to become a part of the plans and spedfications for the Project. The District agrees that design work shall be performed by the Cib/'s design contractor, ENTRANCO. II. BIDDING. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be fumished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in. writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project ~ontract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. Page I III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Distdct suffident to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments shall be due from the District to the Citywithin thirty (30) after approval by the District's Board of Commissioners of said sums'billed to the District. Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all daims, demands, losses, actions and liabilities (induding costs and all attorney fees) to or by any and all persons or entities, induding, without .limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected offidals, off, ers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (induding costs and all attorney fees) to or by any and all persons or entities, induding, without limitaUon, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of'this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council acceptsthe completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownershipand usual maintenance responsibilityfor the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. Page 2 B. Following completion of the construction and City's acceptanceof the Project as fully constructed according to plans, specifications and change orders, the City shall provide a Bill of Sale transferring ownership of the water mains and appurtenances to the District and the Distdct shall thereafter be responsible for maintenance of such fadlities. C. This Agreement contains the entire written agreementof the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherenceto deadline dates is essential to the performance of this [nterlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate, any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT David H. Moseley, City Manager General Manager Date Date APPROVED ASTOFORM: APPROVED ASTOFORM: Bob C. Sterbank, City Attomey General Counsel, Steven H. Pdtchett K:\STREETS\PRO]ECTS\23RD\Lakehaven\ILA.doc ~/23/o~ Page 3 EXHIBIT "A" 23R° AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316t~ STREET TO SOUTH 324TM STREET) ESTIMA TED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENTCOSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY RELOCATION AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (ENTRANCO) $5,144.00 ESTIMATED CONSTRUCTION COSTS Mobilization Construction Staking Traffic Control Labor Traffic Control Supervisor Adjust Water Meter vault Relocate Fire Hydrant Adjust Sanitary Sewer Manholes Adjust Water Valve Box Adjust Blow off Box Adjust PRV 12" Water Main Class 50 DIP Adjust Detector Check vault Relocate Side sewer Remove and Disposal of Asbestos Pipe LS $ 6,100.00 I @ LS $ 3,500.00 240 hours @ $28.00/hr. $ 6,720.00 24 hours @ $40.00/hr $ 960.00 4 @ $ 500.00/ea. $ 2,000.00 6 @ $ 2000.00/ea. $12,000.00 9 @ $400/ea. $ 3,600.00 24 @ $180.00/ea. $ 4,320.00 1 @ $1000.00/ea $1,000.00 I @ $1,500.00lea $1,500.00 168@ $80/LF $13,440.00 1 @ $1,500.00/ea $ 1,500.00 FA $11,500.00 168@ $15/LF $ 2,520.00 Subtotal Construction $70,660.00 Sales Tax @ 8.6% of Construction Cost 6,077.00 Subtotal Constriction Including Sales Tax $ 76,737.00 Construction Contingency (10% of Construction cost.) Construction Administration (5% of Construction cost) Construction Management (10% of Construction cost.) $ 7,674.00 $ 3,837.00 $ 7,674.00 TOTAL CONSTRUCTION COST $95,922.00 TOTAL ESTIMATED COST (Design & Construction) $101,066.00 Note: Costs represented are estimates only. Actual costs incurredwill be used to calculate final cost of Lakehaven Utility District's utility relocation Portion for reimbursement to the City. K:\STREETS~PROJ ECTS~3RD~akehaven\lLA.doc 1/23/01 Page 4 AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR DEVELOPMENT OF A TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS THIS AGREEMENT is made and entered into this day of ,2001 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), 401 S. Jackson Street, Seattle, Washington 98104 and the CITY OF FEDERAL WAY, ("City"), a municipal corporation, hereinafter collectively, the "Parties", regarding the development of a transit center, parking structure and freeway access. RECITALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns, and the City maintains a system of streets within its corporation boundaries; and WHEREAS, Sound Transit and the City have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers; and WHEREAS, the central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express bus/high occupancy vehicle ("HOV") system that will be integrated with local transit systems; and WHEREAS, Sound Move includes four projects in the City of Federal Way area: Federal Way Transit Center, Star Lake and Other Federal Way Park and Ride, I-5 ~320th, and I- 5 ~272nd Projects; and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM WHEREAS, Sound Transit Board of Directors, under Motion No. 2000-77 authorized renaming the Federal Way Transit Center Project the Federal Way Transit Center / Parking Structure Project, authorized re-allocation of budget from the 1-5 ~320th, 1-5 ~272nd and Star Lake / Other Federal Way Park-and-Ride Projects to the Federal Way Transit Center / Parking Structure Project, and established a new project budget of 30.6 Million Dollars; and WHEREAS, Sound Transit has been working closely with the City of Federal Way, City of Kent, the Washington State Department of Transportation and King County on the preliminary design and alternative evaluation of the projects, and has selected a staff preferred alternative which includes a transit center and a 1200-stall parking structure at the southwest comer of S. 316th Street and 23rd Avenue S., and a direct access ramp at S. 317th Street; and WHEREAS, Sound Transit has prepared a preliminary Environmental Assessment documenting the environmental effects of the Federal Way Transit Center / Parking Structure and the I-5 ~320th, where the transit center and parking structure component will be referred to hereinafter as the "Project"; and WHEREAS, preliminary design information and environmental data have been shared with the City and displayed in public meetings; and WHEREAS, the City has expressed its support of the preliminary design for the Project; and WHEREAS, the Sound Transit Board of Directors has adopted a Transit Oriented Development Policy with Motion No. 98-25, encouraging the development of transit supportive development at transit hubs; and WHEREAS, the City is willing to allow the use of a certain regional detention pond downstream of the Project site for the Project's stormwater detention purpose in exchange for Sound Transit's attempts to preserve space within the Project site for a future transit- oriented development; and WHEREAS, the City is in the process of implementing a street improvement project on 23rd Avenue S. in the vicinity of the Project; and WHEREAS, accelerating a portion of the Project to coincide with the City's 23rd Avenue S. street improvements would be financially advantageous and minimize construction impacts to the public, and WHEREAS, Sound Transit is required to obtain various approvals from the City prior to constructing the Project; and WHEREAS, Sound Transit is required to obtain the approval from State and Federal agencies for constructing the Project; and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM WHEREAS, the City and Sound Transit wish to ensure adequate analysis of the potential environmental effects of the Project and the mitigation of any such effects, and wish to facilitate the future development of a transit-oriented development within and adjacent to the proposed transit center / parking structure if possible; and NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: AGREEMENT I. SOUND TRANSIT RESPONSIBILITIES 1.1 Project Design 1.1.1 Transportation Improvements Sound Transit will include in the Project's design, and in the Environmental Assessment's project description, a description of required mitigation measures to include the following: A new traffic signal at the intersection of 23ra Avenue S. and S. 316th Street, to ensure adequate pedestrian access to the transit center and parking structure. A new traffic signal at the intersection of 23ra Avenue S. and S. 317th Street, to ensure access and egress from the transit center and parking structure. 23rd Avenue S. frontage improvements to the Project site between S. 316th Street and S. 320th Street related to the Project as required by the Federal Way City Code. A future asphalt overlay of S. 317 Street pavement east of 23ra Avenue S. to address accelerated pavement wear as the result of additional traffic from the Project. In the event that the transit center and parking structure are completed before the new ramps are connected to I-5 at S. 317th Street, interim measures will be taken sufficient to mitigate impacts arising or resulting from operation of the transit center and parking structure in the absence of the ramps. 1.1.2 Stormwater Management Sound Transit will include in the Project's design and will construct a stormwater treatment and detention system which meets the requirements of the Federal Way City Code (and the King County Surface Water Design Manual as incorporated therein), and which includes: (a) an on-site stormwater treatment facility capable of treating the runoff from the Project site and from the widening of that portion of 23rd Avenue S. draining to the Project site; and (b) an on-site underground stormwater detention facility capable of detaining two-acre feet of runoff; (c) a conveyance system sufficient to transport runoff Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM from the Project site in excess of two-acre feet, runoff from 23rd Avenue S. Project site, and runoff from any future transit-oriented development on the Project site to the City's stormwater conveyance system downstream to the Project site. The on-site stormwater treatment facility will not provide treatment capacity for runoff from a future transit oriented development. To the extent possible, the on-site stormwater treatment and detention facility shall be sited in such a manner as to preserve sufficient space to enable future construction of a transit-oriented development on land adjacent to 23rd Avenue S. between S. 317th and S. 316th Street. With respect to the stormwater detention, treatment and conveyance facilities described in this Paragraph, Sound Transit agrees to indemnify and hold the City harmless from any cost increases or damage claims of third parties pursuant to Section III of this Agreement. 1.1.3 Feasibility Analysis of Transit-Oriented Development ("TOD") / Agreement Sound Transit shall design the parking structure to include such ground-level retail and/or other transit-oriented development as consistent with and as required by the City Code. Sound Transit and the City will prepare and execute an agreement outlining a cooperative effort to identify an appropriate development that could be placed on the Project site and complements the transit center and parking structure. The agreement will also outline a potential approach whereby the Parties would identify a TOD developer and offer an opportunity to contract for developing a TOD consistent with Sound Transit Board, Federal Transit Administration ("FTA") and City policies and appropriate laws and regulations. Do The Parties agree that if Sound Transit enters an agreement with a TOD developer that requires the developer to make payment(s) for use of the property, the income will be divided between Sound Transit and the City in proportion to each respective agency's contribution or credit toward the TOD after deduction of any grant related repayment, if any. E. The Parties acknowledge that any TOD development at the property may be subject to Federal Transit Administration review and approval. 1.2 Environmental Review Sound Transit will respond to agency comments and submit the Environmental Assessment ("EA") to the FTA and Federal Highway Administration requesting a Finding Of No Significant Impact ("FONSI") for the Project. Sound Transit will adopt the EA for State Environmental Policy Act "SEPA" compliance. The City acknowledges that Sound Transit is currently the lead agency for the Project and that pursuant to WAC 197-11-600, there can only be one lead agency at a Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:53 AM time or nominal lead agency for SEPA compliance per project. The City acknowledges that pursuant to WAC 197-11-600(4)(a), the City may not subsequently and independently adopt the EA. If the City is not satisfied that the EA and Sound Transit's adoption of the EA fully address the impacts of the Project, the Parties acknowledge that the City retains all of its remedies as provided for in WAC 197-11-600 including the right to assume lead agency status. 1.3 Design and Review Process Sound Transit will continue to collaborate with the City to complete design and contract documents for the Project. Specifically: Ao Prior to any construction of the Project, Sound Transit will apply for and obtain all land use and building permits required by the City Code, and will build the Project in accordance with the Code and any conditions of such land use and building permits. B° Sound Transit will utilize existing preliminary design documents as the basis for final design, and will incorporate into the final design the design features identified through the design charette. Sound Transit will provide the City drafts of final design documents at key review stages, an opportunity to comment, and will incorporate revisions reasonably requested by the City for incorporation into the final design documents to the extent that such revision(s) do not adversely impact the Project budget or compromising essential elements of the design. Revisions required by federal, state, local laws and regulations (including the City Code) will be incorporated. Co Sound Transit will investigate and explore with the City the possibility of designing the parking garage to accommodate a building above the garage. The City would be responsible for additional environmental analyses, documentation and processes under NEPA and/or SEPA, and the subsequent design, permitting and construction at a later date. If the Parties mutually agree such a structure is feasible, and if the Parties enter into a separate agreement setting forth cost allocations, design and other parameters, then Sound Transit will make appropriate revisions to design documents to accommodate a building above the parking garage. Do Any changes to design documents requested by reviewing agencies shall be subject to review and approval by the City. In no case will a project revision be made that conflicts with the Environmental Assessment or FONSI or the SEPA adoption without applicable revisions as may be required by law to the Environmental Assessment or FONSI or SEPA adoption. 1.4 mo Cost Responsibility Sound Transit agrees to pay the City $569,000.00 to make improvements to 23rd Avenue S., including new traffic signals at S. 316th Street and S. 317th Street as well as frontage and capacity improvements between S. 316th Street and S. 320th Street. Of this amount, up to $69,000.00 is available for right-of-way acquisition, with the Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM Co 2.1 2.1.1 A. ultimate total to be determined by Sound Transit based upon the per-square-foot value of the Project site paid by Sound Transit. The payment shall be due within 30 days upon receipt of properly submitted invoices based on work completed. Sound Transit agrees to pay the City $387,000.00 toward the City's cost of addressing the off-site impacts of the Project on congested intersections identified in Exhibit A. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. Sound Transit agrees to pay the City $60,000.00 toward the City's asphalt pavement overlay program for the Project's impact on the S. 317th Street pavement east of 23rd Avenue S. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. II. FEDERAL WAY RESPONSIBILITIES Project Design Transportation Improvements The City will undertake the design and construction of improvements to 23ra Avenue S. and S. 317th Street described in Section 1.1.1 that are being partially funded by the Project budget. The design will be coordinated with Sound Transit's consultant designing the Project's on-site improvements and the freeway ramps at S. 317th and I- 5. All reasonable effort will be made to ensure that the construction of 23ra Avenue S. improvements are coordinated with on-site construction and that the 23rd Avenue South construction is complete prior to the scheduled opening of the Project. The City also agrees to undertake those improvements under Paragraph 1.4(B) and (C) above. Payments made under paragraph 1.4(B) are subject to RCW 82.02.020, which provides for voluntary agreements to fund improvements that mitigate direct project impacts. The City agrees to use its best efforts to complete the improvements identified in Exhibit A within 5 years, as specified in RCW 82.02.020. However, if the City is unable to do so, it will notify Sound Transit in writing prior to the expiration of 5 years and inform Sound Transit of the City's anticipated implementation schedule and its reasons for delay. If the City cannot reasonably complete the improvements identified in Exhibit A within 5 years of the date of the City's receipt of the last payment as set forth in Paragraph 1.4 above, then pursuant to section 19-46 (b) (5) of the City Code, Sound Transit waives and releases its rights to receive a refund of fees paid or interest thereon that it might otherwise may be entitled to claim under RCW 82.02.020; provided, however, that such improvements are constructed by 2010. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM 2.1.2 Stormwater Management / Transit Oriented Development The City will make its regional detention system available to the Project, without cost to Sound Transit, for detention of runoff in excess of two acre-feet on-site underground detention facility proposed for the Project. Bo The City will assist in developing a TOD agreement with Sound Transit that would outline the cooperative effort to identify an appropriate development that fits the TOD site and complements the transit center and parking structure. C. If appropriate, the City would become a party to the agreement between Sound Transit and the TOD developer. 2.2 Environmental Review The City will conduct environmental review under SEPA for the Project, and improvements identified in Paragraph 1.4(B) and (C) above. 2.3 Design and Review Process The City agrees to give priority to reviewing design documents of the Project, along with the I-5~320th project prepared by Sound Transit's design consultants; except that if Sound Transit desires expedited review of land use or building permits for the Project such expedited review will be at Sound Transit's sole cost. The City will facilitate the issuance of applicable administrative permits for the construction of the Project. The City will collaborate with Sound Transit to finalize the design, address agency requirements and public feedback, consistent with the other provisions of this Agreement. The City acknowledges that, except as provided otherwise in this Agreement, Sound Transit is not legally required to budget funds in excess of $30.6 Million Dollars to cover potential cost increases in the Project. 2.4 Cost Responsibility The City agrees to design and construct the improvements to 23rd Avenue S. and S. 317th Street herein described and hold harmless Sound Transit from any cost increases or damage claims of third parties. Bo The City agrees to waive all charges from the Project for the usage of regional detention pond downstream of the Project site in exchange for preserving a portion of the Project site for a future transit oriented development. The City and Sound Transit will jointly review grant funding opportunities and the City will take the lead to apply for grants for which money could be used to pay for the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM III. LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer or employee of the other by reason hereof and will not make any claim, demand, or application to or for any fight or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by the City under this Agreement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and employees, with legal counsel acceptable to Sound Transit, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the parties to enforce the fights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM 8 UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent permitted by law, Sound Transit agrees to indemnify and hold harmless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE 1N THE CASE OF SUCH CLAIM. IV. DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in Paragraph 5.2 below, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM 9 Eo performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Public Works Director or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager shall meet and engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. V. MISCELLANEOUS PROVISION 5.1 Termination Unless extended by mutual written agreement of Sound Transit and the City, this Agreement shall terminate only upon completion of the all of the following steps: (a) final acceptance of the Project as evidenced by the execution of a final contract voucher certification by the City and the Contractor for the Project; (b) disbursement by Sound Transit of the final payment to the Contractor; (c) proof of payment by Sound Transit of all sums required to be paid to the City by this Agreement; and (d) proof of Sound Transit's completion of all obligations required under this Agreement. 5.2 Notice All notices or requests required or permitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: Address: Phone: Fax: Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM City of Federal Way Attn: Cary Roe, P.E. 33530 First Way South Federal Way, WA 98003-6221 (253) 661-4131 (253) 661-4129 10 To Sound Transit: Address: Phone: Fax: Sound Transit Attn: Fred Chou, P.E. 401 S. Jackson Street Seattle, WA 98104-2826 (206) 398-5034 (206) 398-5215 Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit. 5.4 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.5 Severability If any of the terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid term or provision were not contained herein. 5.6 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Amendment has authority to bind such person's respective entity. 5.7 Exhibits All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein. Sound Transit City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM 11 5.8 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced therein. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") CITY OF FEDERAL WAY: Nalile Title Date NalTle Title Date Approved as to form: Attest: Sound Transit Legal Counsel City Attorney Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 03/14/01, 10:43 AM 12 Exhibit "A" Offsite Project Impacts 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. SR-99 at S 320th Street SR-99 HOV Lanes Phase I - S 312th Street - S 324th Street 23rd Avenue S - S 317th Street - S 324th Street SR-99 at S 330th Street S 312th Street at 14th Avenue S SR-99 HOV Lanes Phase II - S 324th Street - S 340th Street S 336th Street at Weyerhaeuser Way S S 320th Street at 1st Avenue S S 312th Street at 8th Avenue S S 320th Street HOV Lanes Phase I - 8th Avenue - SR-99 S 312th Street at 28th Avenue S S 320th Street at 20th Avenue S S 336th Street at 9th Avenue S S 336th Street at 1st Way S SW 312th Street- 1st Avenue S- SR-509 Memo to Council From Cary Roe INSERT HERE MEMORANDUM DATE: TO: FROM: VIA: SUBJECT: March 16, 2001 Mayor Park and Federal Way City Council members Cary M. Roe, Public Works Director ~ David H. Mos~~ager Revision to Draft Proposed Sound Transit Agreement Background At the February 21 st Land Use and TransportationCommittee meeting, Public Work's staff presented a draft of the proposed agreement between Sound Transit and the City for the development of a Transit Center, Parking Structure, and freeway access improvements. The draft agreement was presented with the understanding that the agreement may be subject to change pending final review by Sound Transit and that any revisions to the agreement would be presented to the full City Council. Since the February 21, 2001 LUTC meeting, Public Works and legal staff have completed the final negotiations and review process with Sound Transit staff and have attached the final draft of the proposed agreement for the City Council's consideration. Summary of Changes/Revisions The following is intended as a summary of the most significant changes and/or revisions to the draft agreement that have occurred between the February 21,2001 LUTC meeting and final draft of the proposed agreement included in the City Council agenda package for the March 20th City Council meeting. The final draft of the proposed agreement has been revised in several areas with respect to protecting Sound Transit in the event they need to condenm any of the necessary properties to facilitate their proposed project. These revisions include deletingreferencesto assumptions for forty dwelling units in the proposed project and softening language concerning preservation of space within the project site for a future transit oriented development. The balance of the revisions will be highlighted by page number, agreement section, and title. Page 4, Section 1.1.3, Feasibility Analysis - subsection (A) was added to require Sound Transit to design the parking structure and/or TOD to include ground-level retail consistent with City Code. · Page 4, Section 1.2, Environmental Review- a new paragraph was added that consolidated portions of the previous Section 2.2 Environmental Review and provided clarification to what the City's roles and responsibilities are with respect to the EnvironmentalReview of the Sound Transit project and what the City's remedies are under WAC 197-11-600 if the City is not satisfied with Sound Transit's Environmental Assessment. · Page 5, Section 1.3, Design and Review Process - additional language was added to subsection (C) to provide clarification on the City's responsibilities if the parties agree to pursue the redesign of the parking structure to accommodate a building above the parking structure. · Page 6, Section 1.4, Cost Responsibility- subsection (B) was revised by deleting reference to the City's Transportation Improvement Program and inserting an Exhibit"A" that lists the City's Transportation Improvement projects impacted by Sound Transit's proposed project. · Page 8, Section III, Legal Relations - this section was added and a mutual indemnification was granted to both parties. Conclusion In summary, the majority of the draft agreement presented to the Land Use and Transportation Committee remained in tact and the revisions that were made primarily provided clarification or direction. cc: Project File (2) Day File k:\forms\mem.doc M~ETING DATE: March 20,2001 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Chamber 2001 Tourism Service Amendment CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Proposed scope of work - Exhibit A-l: Additional Services and Adopted 2001-2004 Tourism Action Plan and Lodging Tax Allocation. SUMMARY/BACKGROUND: The City entered into a one-year professional service agreement with the Federal Way Chamber for the implementation of certain elements of the City's 2000 tourism program. In December 2000, the City Council unanimously approved 2001-2004 tourism action plan from 2001 through 2004, funded by the 1% lodging tax. Among other programs, the 2001 segment of the work plan calls for the introduction and the formation of a Business Improvement Area in the city center core; the continuation of major events through the tourism enhancement grant; the continuation of developing, updating, publishing nd distribution of tourism information through printed and electronic media; and to work with Sound Transit to provide space for an electronic information kiosk at the proposed new transit center. Considering the similarity and overlapping nature within the 2001 programs and also between 2000 and 2001 programs, staff believes it would be most efficient and cost effective, from both administrative and implementation perspectives, to consolidate these related 2001 program elements into one contract, as an addendum to the 2000 tourism contract with the Chamber. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve and authorize the City Manger to execute the proposed contract amendment forward the recommendation to full Council on March 20, 2001.. CITY MANAGER RECOMMENDATION: Motion to approve the proposed contract amendment. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ \ - (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE,) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: February 23, 2001 Finance, Econom~ic_~D~e,~opment and Regional Affairs Committee David H. M~ I~anager ~ Iwen Wang, ManaVgement Services Director ~ Chamber 2001 Tourism Service Amendment Background: The City entered into a one-year professional service agreement with the Federal Way Chamber for the implementation of certain elements of the City's 2000 tourism program. The agreement includes the coordination of a joint tourism marketing effort; the production and distribution of tourism information material; the formulation and the solicitation of a tourism enhancement grant program. In December 2000, the City Council unanimously approved 2001 - 2004 tourism action plan form 2001 through 2004, funded by the 1% lodging tax. Among other programs, the 2001 segment of the work plan calls for the introduction and the formation of a Business Improvement Area in the city center core; the continuation of major events through the tourism enhancement events grant; the continuation of developing, updating, publishing and distribution of tourism information through printed and electronic media; and to work with Sound Transit to provide space for an electronic information kiosk at the proposed new transit center. Staff Recommendation: Considering the similarity and overlapping nature within the 2001 programs and also between 2000 and 2001 programs, staff believes it would be most efficient and cost effective, from both administrative and implementation perspectives, to consolidate these related 2001 program elements into one contract, as an addendum to the 2000 tourism contract with the Chamber. Attached is the proposed scope of work for the contract amendment to implement these elements of 2001 tourism program. Attachment: 1. Proposed scope of work -- Exhibit A- 1: Additional Services 2. Adopted 2001 - 2004 Tourism Action Plan and Lodging Tax Allocation Committee Recommendation: Recommend City Council approves and authorizes the City Manger to execute the proposed contract amendment. chamber tourism amdmt.doc 2/23/2001 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR Tourism Enhancement Program This First Amendment ("Amendment") is dated effective this __ day of February, 2001, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Greater Federal Way Chamber of Commerce a WashingtoncorporationCContractor"). A. The City and Contractor entered into a Professional Services Agreement dated effective April 1, 2000, whereby Contractor agreed to provide certain coordination, and marketing services to enhance the tourism industry in Federal Way ("Agreement"). B. Section 15.2 of the Agreement provided that the Agreementmay only be amended by written agreement signed by the parties. C. The City and the Contractor desire to amend the Agreement to expand the scope of work to be performed by the Contractor, to increase the compensation paid to the Contractor for the rendering of these additional services, and to extend the term of the Agreement. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Scope of Work. Section 1 of the Agreement and the Scope of Work attached as Exhibit "A" to the Agreement shall be amended to include those additional services more particularly described in Exhibit "A-l" attached hereto and incorporated by this reference ("Additional Services"). 2. Term. Section 2 of the Agreement shall be amended to provide that the Additional Services shall commence on March 1, 2001, and shall continue until the completion of the Additional Services by June 30, 2002. 3. Compensation. In consideration of Contractor completing the Additional Services, Section 4.1 of the Agreement shall be amended to increase the total compensation to be paid to the Contractor by an additional Thir.ty-one Thousand and 00/I O0 Dollars ($31, 000) plus appropriate compensation as outlined under Task 4. 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY ATTEST: By: David H. Moseley, City Manager 33530 1st Way South Federal Way, Washington 98003 City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Bob C. Sterbank, City Attorney Greater Federal Way Chamber of Commerce By: Delores Shull, President k:\finance\ltac~2001\chamber 01 svs ag.doc - 2 - Exhibit A-1: Additional Services Taks 1: Create a Model Business Improvement Area. Compensation for Task 1 shall be $18,000 allocated according the percentages identified below. Payment to be made only upon delivery of report/completion of process, as applicable: · Work in conjunction with City staff to identify potential program interests from businesses located in the targeted area, collect information about existing BIAs/BIDs in communities with business and community attributes similar to Federal Way, and extract the "best practices" from these examples; (5%) · Formulate, and obtain City Council approval for, the purposes/goals for the Model BIA, based on information collected per the above and to include the following elements: (10%) Provide seasonal color baskets and banners Coordinate Core marketing Provide linkage between downtown and attractions Plan and sponsor special events · Formulate, and obtain City Council approval for, the Model BIA's initial program and operating budget based on the purposes/goals; define the appropriate BIA and potential participating businesses; and the proposed assessment level; (15%) · Introduce BIA goals/purposes to downtown businesses, and communicate to the businesses the following City commitments: (25%) · / BIA assessments will be used solely to enhance the visibility, appearance, services, and planning/coordination of the specific BIA; v' The City will continue to provide general municipal services at the same level as it provides on a citywide basis; v' The City will waive any formation and administrative fees (legal, billing, accounting etc) to the first BIA for its original formation and participants. ' · Collect petition signatures from downtown businesses for the formation of a BIA (10%) · Assist City in the formation process (10%) - i'.2 · Complete formation process (adoption of Ordinance to establish the assessment roll) no la'ter than March 31, 2002. (25%) Taks 2: Facilitate and process the Tourism Enhancement Grant award in the amount of $8,000. Compensation for Task 2 shall be $1,000, payable upon grant award. Specifically: · Staff and follow up the grant solicitation, review, approval, and reporting process. · Provide economic impact assessment report of grant events. Taks 3: Promote Tourism. Compensation for Task 3 shall be $12,000, allocated among the following activities, and payable as set forth below. · Federalway.org Website maintenance ($6,000, $500/month) ~ · Publication and distribution of local tourism information: ($2001month plus $2400 upon delivery of the information guide) Develop and publish a local tourism information guide, to be distributed as a companion piece of the 2000 tourism map; ,/Publish and distribute 2001 quarterly events calendar (web and hardcopy); ,/Continue the distribution of the 2000 Tourism Map. · Solicit business participation/contribution and to coordinate the design, development, and publication of advertisements in 2002 Washington State Visitor's Guide (WAVG) or other k:\finance\ltac~2OOl\chamber O1 svs ag.doc - 3 - regional publication acceptable to the City. The Ad will be fully funded by participants. {$1200, payable upon the publication of 2002 WAVG or other approved publication with a four-color/full page community Ad). Taks 4: Serve as project manager for design, installation and maintenance of electronic kiosk at the Federal Way Transit Center to be constructed by Sound Transit. Compensation for Task 4 shall be as set forth below. Specifically, the Chamber shall: Research and Project management: Research the type and cost of various kiosks; prepare detailed project budget (including, without any limitation, planning, design, installation, setup, testing, information/data design, creation, and project management), and time-line, and obtain City Council approval for same. Prior to City Council approval of the project budget and time-line and a decision to proceed with the project, compensation to be paid the Chamber shall not exceed $1,000.00. Following City Council approval of the project budget and time-line, the Chamber also shall: Coordinate with Sound Transit for the location and construction of the kiosk Manage the purchasing and installation of the approved kiosk Collect/compile information to be posted on the kiosk Solicit business contribution and advertisement to defray the capital cost and to provide for the kiosk's on-going maintenance. If the City chooses to proceed with the full project, the overall research and project management fee shall not exceed $5,000.00. Chamber shall invoice the City for construction/capital costs of the selected kiosk based on a pre-approved budget amount based on percentage of project completion, less necessary retainage as required by RCW as applicable, and upon City approval of valid and appropriate invoices. On-going maintenance of the equipment and the contents: The Chamber shall commence a kiosk maintenance program on the later of 90 days after substantial completion of the kiosk installation or expiration of any warranty period. Compensation to the Chamber for Task 4 kiosk maintenance services shall be in the amount of the Chamber's actual and reasonable costs incurred in providing the maintenance services, subject to City approval of invoices for such costs. It is the intent of both the Chamber and the City that on-going maintenance of the kiosk shall be fully funded by advertising revenues, which shall be the sole source of compensation for Task 4 kiosk maintenance services unless the City Council in its sole discretion determines to make lodging tax available to supplement maintenance services not to exceed $200 per month. The City, at its sole discretion, may determine the continued operation or termination of the kiosk. k:\finance\ltac~2001 \chamber Ol svs ag.doc 4 - MEETING DATE: March 20, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2000 Tourism Enhancement Grant Award CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ 5000.00 ATTACHMENTS: 2000 Tourism Plan, FW Lodging Tax Advisory Committee Tourism Enhancement Grant Program Outline and Grant Application from Team Seattle National Events. ) SUMMARY/BACKGROUND: The grant program was developed by the Chamber as part of the 2000 tourism agreement and was approved by the City Council in April 2000. The Chamber solicited grant applications in October/November 2000 and received one application fi.om Team Seattle National Events, for the girls fast pitch Western National Championship inaugural event at Celebration Park in August 2000. After thorough discussion, the Grant Review Committee (GRC) moved and seconded and passed unanimously the award of the full $5,000 to the applicant. The GRC discussed and recommended changes/corrections to the grant program. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the 2000 grant award as recommended by the Grant Review Committee; and approve the modifications to the grant program/process for the 2001 grant cycle to full Council on March 20, 2001 for consent. CITY MANAGER RECOMMENDATION: Motion to approve the 2000 grant award in the amount of $5000 and approve the modifications to the grant program/process for the 2001 grant cycle. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~l) ~ X, (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CCCOVER-5/24/94 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: February 23, 2001 Finance, Econon}i~r~e~lopment and Regional Affairs Committee David H. M~t~ l~anager \ Iwen Wang, Manffgement Services Director '~) 2000 Tourism Enhancement Grant Award Background: One element of the City's 2000 tourism program is to encourage new events that will bring visitors to Federal Way through special events. The Tourism Enhancement Grant is a competitive grant process that will provide seed money for nonprofit organizations, to bring qualified events into Federal Way. The grant program was developed by the Chamber as part of the 2000 tourism agreement, and was approved by the City Council in April 2000. The Chamber solicited grant applications in October/November 2000 and received one application from Team Seattle National Events, for the girls fast pitch softball Western National Championship inaugural event at Celebration Park in August 2000. The Grant Review Committee (GRC) consists of representatives from both the Arts and Parks commissions; 2 members from the Lodging Tax Advisory Committee; and 2 members from the Chamber Tourism Commission. GRC met on January 26, 2001 to review the application, consider the award level, and to suggest modifications to the grant program and process. After thorough discussion, the Committee moved and seconded and passed unanimously the award of the full $5,000 to the applicant. The Committee also discussed and recommended changes/corrections to the grant program. Attached is a redlined copy of the program outline. Attachment: 1. 2000 Tourism Plan 2. FW Lodging Tax Advisory Committee Tourism Enhancement Grant Program Outline (w/redline) 3. Grant Application from Team Seattle National Events Committee Recommendation: Recommend City Council approves the 2000 grant award as recommended by the Grant Review Committee; and approves the modifications to the grant program/process for the 2001 grant cycle. 2k tourism grant awd.doc 2/23/2001 FW Lodging Tax Advisory Committee Tourism Enhancement Grant OVERVIEW The City of Federal Way (the City) adopted a 1% lodging tax for the purpose of promoting and enhancing local tourism activities. The Greater Federal Way Chamber of Commerce (the Chamber) also formed a Tourism Commission with focus on the increase of overnight stays in Federal Way. To achieve these goals, the Chamber and City have entered into a one-year partnership agreement for a tourism promotion program in Federal Way. One element of the program designed particularly to increase overnight stays in Federal Way is a competitive tourism enhancement grant (TEG) to support sports, cultural arts and community events that will occur in the Federal Way area. GRANT APPLICATION REVIEW BOARD The proposed Grant Review Board (the Board) will consist of 2 Chamber Tourism Commission members and 2 Federal Way Lodging Tax Advisory Committee members and 2 community representatives at large. The Board will be staffed by the Chamber. The following names are recommended for the current funding period. Community at large: / Arts Commission Chair or designee Parks Commission Chair or designee Lodging Tax Advisory Committee: ~-~ ~ .... ~^~'~" ~-~ Scott Brown, Federal Way Executel David DeGroot, Weyerhaeuser Bonsai Collection Chamber Tourism Commission: Michael Dunwiddie, Weyerhaeuser King County Aquatic Center Sc,..~L,_........,° ..... .~'~'~^-~.~.~.~.._.. V/ay ,_~.~._. ~.L.~, ~' ...... '~ Christine Cochran, Holiday Inn Staff: Chamber President GRANT ELIGIBILITY In order to be considered for the TEG, an event or sponsoring organization must meet the following conditions: 501c~,~ or a ~' Eligible Organization: A non-profit organization organized under IRC municipal organization of the State of Washington. ~. Eligible Events: All eligible organizations that plan, sponsor or host amateur sporting, arts/cultural events, or membership meetings, trainings and conferences that will bring participants from outside the greater Puget Sound area to Federal Way. ~ Eligible Costs: The grant shall be used solely for securing, marketing, and conducting events and activities within Federal Way. This amount will not be used for tournament entry fees, tcamteam/group travel, uniforms, equipment, coach's salaries, facility upgrades or other capital purposes.' In addition, this fund will not be used to cover any regular operating expenses of the organization that otherwise would occur regardless of the specific event. GRANT AMOUNT ~ ~nn for the ~c~/o~n 2001 grant The total grant fund available for allocation is $..,......$,000 '~"-:-~' period. Any unallocated funds from current year will be added to the future year for allocation. Although there is no recommended cap on individual grants or the overall amount distributed during any one-selection cycle, the Board will allocate the funds based on the merits of the proposal based on the selection criteria, and the number of grant applications. GRANT CRITERIA In addition to the basic qualification outlined previously, all qualified grant applications will be reviewed and judged by the following criteria for funding priority and amounts: ~. New or existing event (preference will be given to new events) Timing of the event (encourage off-season lodging) Number of participants and family or other support personnel anticipated Length of event Origination point of participants (local, regional, national, and/or international) Anticipated overall economic impact: revenue generated and public service required Ability to document and measure the impact Organization's/event's history in meeting projected economic impact Organization's history in meeting grant/program conditions SELECTION PROCEDURE The following procedure is set up for two grant cycles per year. The frequency may be ~,ncrca$cd modified if necessary as determined by the Board. A notification of the availability of grant dollars will be distributed to area athletic, arts and cultural organizations, sports venue managers and the general public via press release in March and August. Grant applications will be collected by the Chamber to be evaluated in October and May by the Grant Review Board. The review, discussion and vote will be conducted publicly in conformance with the Open Public Meetings Act and Roberts Rules as amended. Each Board member will have one vote in determining the grant and amount. The final fund allocation package as a whole should be approved by majority plus one board member voting on the issue, but not less than 4 votes. The Chamber President will not have a vote. Board members that have any involvement with an individual or organization applying for a grant should abstain from voting on that particular matter but can participate in the voting of the overall funding package if no objections from the rest of the board members. The proposed funding allocation will be submitted to the City for approval. Upon City approval of the funding allocation, the Chamber President will notify the applicant of the grant award in June and November for applications submitted in March and August respectively. GRANT DISBURSEMENT The City agrees to disburse the amount granted within 30 days of receiving notification of grant funding proposal from the Board and approved by the City Council. ACKNOWLEDGEMENT As acknowledgement of the support received, the City and Chamber will receive the following: )~ The right to produce and distribute a news release including the name of the grant recipients, the name of the event and details pertaining to the event. The right to display a Federal Way Chamber and/or City of Federal Way banner at the event site. )~ Upon request of the Chamber/City, include the phrase "funded in part by' the Hotel/Motel Tax" in any printed materials for the event. )~ Other promotional opportunities as agreed by the event's management and the Federal Way Chamber. POST EVENT REPORTING AND RECORD RETENTION Grant recipients will be required to submit a post-event report that documents the actual program financial and participation results of the event with comparison of projections outlined in the grant application within 30 days after the completion of the event. Example of an appropriately documented post event report is attached for your reference. This report and other documentation are public records and will be made available for public inspection. The City shall have rights to access any financial and supporting documents and records related to the event and the use of the grant received within 3 years from the completion of the event. VIOLATION OF GRANT CONDITION It is the grant recipient's sole responsibility to be familiar with ail grant conditions that may be applicable. Any misuse or material faise representation, based on the City's sole determination, shall constitute violation of the grant conditions and the recipient agrees to reimburse the City for such funds that are obtained with such misrepresentation or funds misused. The officer(s) of the receipting organization shall be responsible for the reimbursement jointly and individuaily. The City further reserves the right to seek criminai action in the event of gross misrepresentation of the requestor. INDEMNIFICATION In no event shail the Federal Way Chamber, the Board members, the City of Federal Way or any of their funding partners, contributors, officers, board members or employees be held liable for the action or business activities of individuals or organizations receiving grant support. By awarding grant funds, there is no expressed or inferred sanctioning of the event or its management by the City, Chamber or any elected or appointed officials. Grant recipients agree to hold harmless and indemnify the Federal Way Chamber and the City of Federal Way against any claims. Acceptance of grant funds is deemed evidence of the recipient's acceptance of these terms and conditions. GRANT APPLICATION GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria, before completing this application. Please type or print. Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, uniforms, equipment, coaches salaries, facility upgrades or any other capital purposes. If a question is not applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your completed application to: Attn: TEGrant Application Greater Federal Way Chamber of Commerce 34004 16t" Ave. S., Suite 101 Federal Way, WA. 98063 APPLICANT'S NAME: ORGANIZATION: FEDERAL TAX ID: [] IS A QUALIFIED 501 (C) ORGANIZATION STREET ADDRESS: DAYTIME Telephone:( ) Fax: ( ) Official Event Name: Briefly describe the event (type of-spo~tactivity, male, female, co-ed, etc): Scope of Event (check 1): Local State Regional National International Previous Hosts: YEAR CITY/STATE Venue Has this event ever been held in Federal Way? Has this event ever been held in King County? If yes, when: Month: Pierce County? Year: Venue: City: EVENT FINANCIAL INFORMATION Is a host fee required? If so, what amount? $ What is the projected number of tickets that will be sold? or % of proceeds Average ticket price: $ Event's total estimated expenses: $ Amount of expenses local host is responsible for? $ Events total estimated revenues? $ What portion of the event's proceeds will be kept by the local host? $ VENUE INFORMATION Proposed local venue: Location: Proposed dates: Have you confirmed the availability of the proposed dates at the primary venue? YES NO Will you have a need for secondary or practice venues? YES NO TOTAL VENUE RENTAL (both competition and practice sites) $ ECONOMIC IMPACT How many ......... , participants mil the event attract? How many tcamteams/groups will the event attract? · fl-~lnfn / ' ' How far away will (a ........partlmpants) travel (local, regional, national, intemational)? How many spectators will the event attract? How far away will spectators travel from? How ~+~ many ..... support (staff, vendor, etc) people will the event attract? Of the numbers listed above, what percentage will require overnight lodging? ........... Part~mpants % % TcamsTeams/groups Spectators % Event StaffSupport GRANT AMOUNT REQUESTED: How will these grant funds be utilized? Please list the other sources of financial support (sponsorship, etc.) which you have pursued: Source: Committed: YES NO Amount: $ Committed: YES NO Amount: $ Committed: YES NO Amount: $ The undersigned certifyies the information provided above is true and accurate and any ] projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Applicant's Signature Applicant's Title: Date: MEETING DATE: March 20, 2001 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001-02 Domestic Violence Advocacy RFP CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ ExpenditureAmt: $ ContingencyReqd: $ N/A ATTACHMENTS: A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated March 5, 2001. Attached to the memo is a matrix summarizing the services proposed by each agency and the performance measures offered, and a two-page detailed review of each proposal. SUMMARY/BACKGROUND: The 2001-02 Human Services Funding Plan (adopted by Council on 11/21/00) reserved $27,000 to contract for domestic violence (DV) community advocacy services with an agency to be named later. The Human Services Division released a Request for Proposals (RFP) on January 10, with proposals due January 26, 2001. Five proposals were received. Human Services staffanalyzed each proposal, invited input from expert reviewers at the Federal Way DSHS office and the King County Community Services Division, and took comments from the City Prosecutor's Domestic Violence Unit. The Human Services Commission interviewed each applicant at their February 26, 2001 meeting. The Commission voted to recommend Federal Way Youth and Family Services as contractor. This agency has five office locations in Federal Way, offering a high level of access~ility to Federal Way clients. The agency will also take part in regional domestic violence service provision (when providing information and referral sources to clients), data gathering and system planning. CITY COUNCIL COMMITTEE RECOMMENDATION: At the March 12, 2001 Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee meeting, the committee voted unanimously to forward the following recommendation to the City Council - The Committee recommends selection of Federal Way Youth and Family Services to provide domestic violence community advocacy for the 2001-02 biennium, as recommended by the Human Services Commission. CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee recommendation selecting Federal Way Youth and Family Services as contractor for domestic violence advocacy services. .... .......................................................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # i:~gndai~n\00councl\cc09-1 .doc ITt~ CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: March 5, 2001 Camron P~_C.D~G Coordinatort-~ David Mo~ele¥,~ l~anager ~. 2001-02 Dome~tiC Violence Advocacy RFP Background The 2001-02 Human Services Funding Plan (adopted by Council on 11/21/00) reserved $27,000 to contract for domestic violence (DV) community advocacy services with an agency to be named later. The Human Services Division released a Request for Proposals (RFP) on January 10, with proposals due January 26, 2001. Five proposals were received and copies were mailed to Human Services Commissioners and placed in the City Council office on January 30, 2001. If you have any questions regarding the DV RFP, please contact me at camronpL'~.fedwa¥.or.q or (253) 661-4153. RFP Analysis Human Services staff have reviewed each proposal and have developed the following tools to assist in the Council's review. The first is a matrix summarizing the services proposed by each agency and the performance measures offered. This chart can be used to compare and contrast each proposal. The second tool is a two-page detailed review of each proposal. This records the staff review and incorporates comments given by two guest reviewers, representing the King County Community Services Division and the Federal Way office of the state Department of Health and Social Services (DSHS). Staff also received comments on the proposals from the City Prosecutor's Office. The remainder of this memo will provide a brief summary of each proposal (in alphabetical order), followed by a staff and Commission recommendation. Catholic Community Services (CCS) This agency proposes to offer case management, emergency shelter, and advocacy to domestic violence victims and their families. They also offer community education to increase awareness of domestic violence issues. CCS is a well-respected service provider in the South King County area. However, they do not have direct experience in domestic violence advocacy and focused much of the proposal on provision of emergency shelter. Shelter provision was not included in the RFP scope of work, as the City already funds emergency shelter services through several other contracts. Domestic Abuse Women's Network (DAWN) This agency proposes to offer crisis intervention (through a 24-hour telephone hotline), community advocacy and case management to DV victims. Their proposal includes a community education program. The agency also provides confidential shelter and transitional housing. DAWN has historically provided community advocacy services to the City of Federal Way. Due to concerns with quality of services for the past two years, the City chose not to contract for advocacy services with this agency in 2001-02 through the Human Services General Fund process. The City maintains a contract for confidential domestic violence victim shelter services. The Executive Director position is currently vacant and the Board of Directors has increased from 6 to 13 members in the last three months. Significant changes are taking place at the agency, but concerns with quality of service have not yet been resolved. Federal Way Youth and Family Services (FWYFS) This agency proposes to expand their current advocacy program to meet the requirements of this RFP. The services proposed include community advocacy, case management, and a community education program. FWYFS has a long established DV perpetrator treatment program and has recently began offering community advocacy to victims in conjunction with the Federal Way DSHS office. The agency is highly involved in the Federal Way Domestic Violence Task Force and has five service locations in Federal Way where the advocate can meet with victims in a safe environment. Valley Cities Counseling and Consultation (VCCC) This agency proposes to create a new community advocacy program to complement their young DV perpetrator treatment program. Their proposal includes community advocacy, 24- hour crisis response, therapy and victim support groups. VCCC has been providing services to victims of violence (domestic and otherwise) in Federal Way for seven years. The agency does not have direct experience with DV community advocacy, but does regularly attend the Federal Way Domestic Violence Task Force. YWCA This agency proposes crisis intervention, community advocacy, case management, support groups and a community education program. YVVCA is building a sub-regional advocacy program and has secured contracts with Kent, Tukwila, Renton and Covington for similar services. The agency has experience in community advocacy, but has not previously offered direct advocacy services in Federal Way. From offices in Renton and Kent, advocates would travel to Federal Way to meet with clients at pre-arranged safe locations. Staff Recommendation In analyzing the proposals received, staff considered several criteria. These included the agency's response to the given scope of work, the agency's professional experience in the field, the cost of service, the amount of time necessary to begin service provision, and the level of service accessibility for Federal Way residents. Of the five proposals offered, the FWYFS and YVVCA proposals met the scope of work given in the RFP, are prepared to begin services immediately, and have the experience necessary to provide a high level of service quality. Considering this, either agency would be a viable contractor. The pdmary difference between the two proposals is the geographic scope of services. The YWCA proposes a sub-regional approach, by contracting with a number of South King County cities for similar services. FWYFS proposes a local service, available only to Federal Way residents. Because domestic violence victims are mobile (for safety reasons) and often homeless, a sub-regional approach can be beneficial. However, sen/ice coordination for victims must occur at a local level - with human service providers and criminal justice agencies. Human Sen/ices staff recommend contracting with Federal Way Youth and Family Sen/ices for the 2001-02 biennium. The agency has a solid reputation in the Federal Way community and pre-existing working relationships with local referral sources including the City of Federal Way Prosecutor's Office, the Public Safety Department, the Federal Way DSHS office and the Multi- Service Center. Unlike any other proposal, FVVYFS can offer five service locations in Federal Way (and will meet with clients outside of city limits, if safety demands). While unable to offer the YWCA's sub-regional approach, FVVYFS plans to take part in County-wide data gathering and on-going sub-regional DV system planning. Additionally, the agency will participate in regional DV trainings to learn of and network with area service providers. Commission Recommendation The Human Services Commission discussed this issue at their February 26, 2001 meeting. After interviewing each applicant, the Commission voted to recommend Federal Way Youth and Family Services as the contractor for domestic violence community advocacy services. Committee Recommendation 1. The Committee recommends selection of Federal Way Youth and Family Services to provide domestic violence community advocacy for the 2001-02 biennium, as recommended by the Human Services Commission. This recommendation is forwarded to the full City Council for consideration at the March 20, 2001 meeting. 2. The Committee recommends selection of to provide domestic violence community advocacy for the 2001-02 biennium. This recommendation is forwarded to the full City Council for consideration at the March 20, 2001 meeting. .,~..),/~, X (D 0 o° 8 ~E~ t'" o "lDO :~ ::D r.~ .el: r..) Z CITY OF FEDERAL WAY HUMAN SERVICES DIVISION 2001-2002 DV Request for Proposals Review Agency: Catholic Community Services (CCS) 1. Does the proposal adequately address the full scope of work? Yes I ~ Why or why not? No. Proposal broadly describes services for domestic violence victims including many services outside of the scope of work such as emergency shelter, children's services and support groups. Proposal does not adequately address the scope of the community advocacy services specifically or in depth - instead focusing on provision of shelter. The proposal does not address safety planning, crisis call response, how victims' safety will be protected, or what kind or level of training their staff has regarding domestic violence. Regarding education, the ;~roposal noted that two trainings will be provided each month, but does not describe the content of the community education. 2. Does the agency have adequate experience providing DV community advocacy services? Does the agency have an established record in providing this service (question 4)? Explain No. The agency has experience in providing general case management, motel vouchers, and transitional housing for homeless individuals (which often include domestic violence victims). CCS does not have documented experience providing community advocacy services as defined in the scope including safety planning with victims, crisis intervention, and community education services. 3. How accessible will services be to Federal Way residents- geographic, culturally, linguistically, etc (question 5-7,9)? Application states that services will be provided in Kent and does not give any provisions for serving those who cannot get to Kent. CCS has linguistic capacity and participates in regular cultural diversity training. 4. Will the City be receiving a good level of service for the amount requested (question 10,15)? Does the budget seem reasonable for the level of service proposed? Is this program cost- effective? Does the agency have a diverse funding base? Annually, the program will serve 84 Federal Way residents at $321 per client. The agency has offered to provide 60 advocacy hours for the 84 residents - this translates to a cost of $255 per hour of advocacy (comparing 60 hours to personnel and operating costs of budget). Of the five proposals, this is the least cost effective in terms of hours of advocacy. The budget is for 10 months only - meaning the 12-month budget would be $32,400. How will the agency fund the $5,400 in 2002? Agency has diverse funding base (although only 26% of the listed revenue sources are currently secured). The City is requested to pay for 28% of the program, with 72% requested or secured from other sources. 5. Note 3-4 strengths and weaknesses of this ag 1. Has established a working relationship with the FW Public Safety Department through the after-hours voucher program. 2. CCS has more than 12 years experience serving Federal Way residents. 3. CCS is an established provider with positive working relationships in the community. Shares office space in Kent with specialized service providers who are involved in DV advocacy for minority populations. 4. Has connection to a broad range of existing CCS human service programs. ~ncy's proposal. 1. Proposal is more shelter focused than advocacy focused. It does not adequately address the scope of work. 2. The agency's domestic violence training and expertise is not adequately described. 3. No 24-hour crisis response system. 6. Please provide your overall thoughts on this proposal. Then, ranking all the proposals reviewed, in your opinion, what rank order would this proposal fall? The proposal does not adequately address the scope of work. The proposal does not adequately address the agency's experience and qualifications to provide domestic violence advocacy services, though the proposal states that agency staff have domestic violence training, it is not clear what that training is. A significant portion of the budget is devoted to shelter provision, which is outside the scope of the RFP. The City funds emergency shelter and specifically domestic violence shelter through other programs. CiTY OF FEDERAL WAY HUMAN SERVICES DIVISION 2001-2002 DV Request for Proposals Review Agency: Domestic Abuse Women's Network (DAWN) 1. Does the proposal adequately address the full scope of work? ~ / No Why or why not? The proposal adequately addresses the scope of work. Federal Way residents would be served by a minimum of five agency advocates working in a pool (rather than one advocate taking all Federal Way cases). The community education curriculum is detailed. 2. Does the agency have adequate experience providing DV community advocacy services? Does the agency have an established record in providing this service (question 4)? Explain The agency has provided community advocacy services for a number of years. However, changes at the agency in the past year and a half have greatly impacted the level of services per client and the quality of services provided. Though the proposal states that the program currently has no waiting list for services, it notes that at times the agency does have a waiting list of three weeks for advocacy services. During 2000 the service year, city staff was told several times that the agency had a three-week wait for services. 3. How accessible will services be to Federal Way residents - geographic, culturally, linguistically, etc (question 5-7,9)? The main agency site is located in a confidential South County location, outside of Federal Way. The proposal does not emphasize geographic accessibility, but does say that advocates frequently accompany clients to court (located in City limits). Advocates are also available to meet with clients at any safe pre-arranged location. The program has brochures in Spanish and cards in Braille with the crisis line phone number. DAWN utilizes volunteer interpreters. Will the City be receiving a good level of service for the amount requested (question 10,15)? Does the budget seem reasonable for the level of service proposed? Is this program cost- effective? Does the agency have a diverse funding base? DAWN's revenue projections include state funding, United Way and pdvate foundations. The agency has recently lost $362,000 in funding from cities due to concerns about quality of service, contract performance, and agency operations. Future funding from cities and the County is uncertain. The proposal does not address what impact this loss will have on the agency's ability to provide services. The proposal states that 36 Federal Way residents will be served at $750.00 per client. This rate seems very high. They propose to offer 360 hours of client advocacy (10 hours per client). In 2000, DAWN averaged 3-4 hours of advocacy per Federal Way client. It is not clear what factors contribute to the difference between the level of service proposed for the RFP and actual past practice. 5. Note 3-4 strengths and weaknesses of this ag, :ncy's proposal. 1. The agency provides the full range of 1. The agency is in transition with a high domestic violence services including shelter, number of new board members, a vacant crisis line, and advocacy, executive director position, and few public funding sources. 2. 2. Most services are provided outside of the City at a "central" South King County location. 3. 3. The agency often has a 3-week waiting list for advocacy services. 4. 4. 6. Please provide your overall thoughts on this proposal. Then, ranking all the proposals reviewed, in your opinion, what rank order would this proposal fall? In 2000, the quality of agency services declined and public funding was significantly reduced. The agency's Executive Director resigned in February 2001. This agencY is a community-based DV agency that has experience serving Federal Way residents. It should be noted however, that this agency made an application for this same service for the 2001-2002 biennium. They were not recommended by the Human Services Commission, nor did they receive an award from the City Council. Instead, funds for domestic violence community advocacy were reserved for this RFP process. Several significant changes have occurred at the agency since they submitted their 2001-02 General Fund Human Services application. The Board of Directors has increased from six to thirteen, and in February 2001, the executive director resigned. Due to this high level of transition, an uncertain funding base and quality of service concerns, staff does not recommend funding this program at this time. CITY OF FEDERAL WAY HUMAN SERVICES DIVISION 2001-2002 DV Request for Proposals Review Agency: I Federal Way Youth & Family Services (FVVYFS) 1. Does the proposal adequately address the full scope of work? ~ I No Why or why not? The proposal addresses the full range of the scope of work including specifically describing the advocacy services to be provided. 2. Does the agency have adequate experience providing DY community advocacy services? Does the agency have an established record in providing this service (question 4)? Explain The agency is a new domestic violence community advocacy service provider. Federal Way Youth and Family Services has provided domestic violence advocacy services since the fall of 2000, in partnership with the Federal Way office of the State Department of Social and Health Services (DSHS). The DSHS contract manager reports a high level of satisfaction with the FVVYFS program and staff. The agency has experience in providing domestic violence perpetrator treatment and support groups for victims. 3. How accessible will services be to Federal Way residents- geographic, culturally, linguistically, etc (question 5-7,9)? Services will be very accessible to Federal Way residents, given that the agency has five locations in Federal Way. The agency has multi-lingual and multi-cultural staff including Korean, Hispanic/Latino, and Russian/Ukrainian. The agency has a solid relationship with the City of Federal Way Prosecutor's office and the Victim Assistance Unit of the Public Safety Department. The agency has made a priority of coordinating service provision for Federal Way DV victims. The agency does not have an immediate cdsis response system in place - although they can respond to calls for service within a 24-hour period. Will the City be receiving a good level of service for the amount requested (question 10,15)? Does the budget seem reasonable for the level of service proposed? Is this program cost- effective? Does the agency have a diverse funding base? The City will receive a good level of service for the funding requested. The proposal states that 200 Federal Way residents will receive 700 advocacy hours, which is $38.57 per hour or $135 per client. This is a reasonable cost per client. However, the number of service hours to be provided to each client is 3.5 hours. This seems like a Iow level of services for each client and may be an issue to address with the applicant during the interview. 5. Note 3-4 strengths and weaknesses of this ag ~ncy's proposal. 1. Established provider with 27+ years in FW 1. Agency is a new DV advocacy service and multiple service locations. Very accessible, provider with less than one year of experience. 2. Agency is already providing this service for 2. Advocacy hours per client seem Iow. the local DSHS office. 3. Proposal effectively addresses scope of work. 3. Community education not specified. 4. Proposal noted that agency staff would 4. continue to increase their domestic violence knowledge and community connections by attending DV specific trainings and conferences. 6. Please provide your overall thoughts on this proposal. Then, ranking all the proposals reviewed, in your opinion, what rank order would this proposal fall? This is a strong proposal. The proposal adequately addresses the scope of work and specifically addresses domestic violence specific issues such as safety planning, confidentiality, power of control wheel, and crisis intervention. The agency is accessible through multiple service locations in Federal Way. The agency's multi-lingual and multi-cultural staff is also a strong asset for the community advocacy program, as the agency has an ability to serve people from a diverse range of cultures and with diverse languages. Existing relationships with the Prosecutor's office, Public Safety Department, and DSHS office are a plus and would likely lead to a high degree of local service coordination. CiTY OF FEDERAL WAY HUMAN SERVICES DIVISION 2001-2002 DV Request for Proposals Review Agency: Valley Cities Counseling & Consultation (VCCC) 1. Does the proposal adequately address the full scope of work? ~ / No Why or why not? The proposal adequately addresses the full scope of work including cdsis intervention, safety ~lanning, and specific criminal justice system advocacy, counseling services, community education and task force participation. In addition, the application offers support groups as part of this proposal, which is beyond the stated scope of work. 2. Does the agency have adequate experience providing DV community advocacy services? Does the agency have an established record in providing this service (question 4)? Explain The agency provided advocacy services for victims of all forms of violence (including but not limited to domestic violence) from 1997-99 through a DSHS contract. Since 1992, the agency has offered the Survivors Support and Therapy program, which provides mental health services designed to assist with the recovery and to stop patterns of abuse and family violence. In 1999, the agency began offering domestic violence perpetrator treatment. While the agency has experience that is related to domestic violence community advocacy services, they do not have specific domestic violence advocacy experience. It also not clear in the application what experience and training agency staff have regarding domestic violence. 3. How accessible will services be to Federal Way residents - geographic, culturally, linguistically, etc (question 5-7,9)? The proposal describes a geographically accessible program. The agency has a Federal Way office and the community advocate will meet with clients in their homes and other community locations, and accompany clients to court (as appropriate). In addition, the agency has a pre- existing 24-hour crisis response system through a telephone messaging service. Regarding cultural and linguistic accessibility, the agency contracts with a number of specialized providers to serve diverse populations including Asian Counseling and Referral Service, Consejo, Seattle Indian Health Board and services for the deaf and hard of hearing. Staff participates in annual cultural diversity training. Will the City be receiving a good level of service for the amount requested (question 10,15)? Does the budget seem reasonable for the level of service proposed? Is this program cost- effective? Does the agency have a diverse funding base? Agency will serve 27 clients and provide 270 hours of community advocacy for the $27,000 requested. An average of ten hours of advocacy will be provided to each client at a cost of $100 per hour. Though the number of hours to be provided to each client seems like a reasonable level of service, the cost per hour seems high. The budget provided in the proposal is incomplete and difficult to interpret. The listed revenue sources King County and "Private pay and insurance." This agency did apply to the two other cities participating in the RFP (Tukwila and Kent). These revenue sources, including the Federal Way RFP amount should be included in the proposed budget. As presented, the budget shows an annual deficit of almost $8,000. It is not clear why the agency is proposing to start an advocacy program that may not be self-supporting. 5. Note 3-4 strengths and weaknesses of this ag ~ncy's proposal. 1. Agency has served and counseled victims of 1. Hourly rate of $100 seems high. violence in Federal Way for seven years. 2. The proposal adequately addresses the 2. Though located in Federal Way, the agency scope of work. is less visible in the human service provider network. 3. The proposal describes accessible services - 3. No specific domestic violence community geographically, culturally, and linguistically, advocacy experience. 4. 24-hour crisis response system. 4. Proposed budget incomplete and unclear. 6. Please provide your overall thoughts on this proposal. Then, ranking all the proposals reviewed, in your opinion, what rank order would this proposal fall? The proposal adequately addresses the scope of work. The agency has no specific domestic violence advocacy experience and has not submitted a viable program budget. While a community advocacy program would complement their relatively new perpetrator treatment program, other agencies have a more established track record for provision of advocacy services. CITY OF FEDERAL WAY HUMAN SERVICES DIVISION 2001-2002 DV Request for Proposals Review Agency: I YWCA of Seattle/King & Snohomish Counties 1. Does the proposal adequately address the full scope of work? ~ I No Why or why not? The proposal addresses the full scope of work, and includes additional services that are not in the scope such as support groups and victim-defendant services. The proposal also addresses outreach to domestic violence victims through court and other locations. The proposal emphasizes safety of the client and accessibility of services. 2. Does the agency have adequate experience providing DV community advocacy services? Does the agency have an established record in providing this service (question 4)? Explain The YWCA is an established provider in South King County and has a range of domestic violence services. The Y~VC^ recently began providing domestic violence advocacy for the cities of Kent, Tukwila, and Covington and will begin service provision to the City of Renton in April 2001. The agency provides specialized community advocate services for African- American residents, which is partially funded by King County. The YWCA also provides domestic violence transitional housing and case management through their Anita Vista facility. 3. How accessible will services be to Federal Way residents - geographic, culturally, linguistically, etc (question 5-7,9)? Services will be provided in Federal Way locations that are accessible to clients with emphasis on safety. Services will be coordinated from the agency's Kent or Renton offices. The program will work with specialized providers to serve diverse ethnic and cultural populations and use interpreters as needed. Agency staff participates in diversity training. As noted above, the YWCA has a domestic violence community advocate who specializes in working with African-American clients. The agency has not previously had a significant presence in Federal Way as a social services provider. They do, however, provide case management services for the Federal Way Community Caregiving/FUSION transitional housing program. Will the City be receiving a good level of service for the amount requested (question 10,15)? Does the budget seem reasonable for the level of service proposed? Is this program cost- effective? Does the agency have a diverse funding base? The program will serve 70 Federal Way residents at $386 per client. The agency has offered to provide 888 advocacy hours for the 70 residents - this translates to a cost of $30 per hour of advocacy. Of the five proposals, this is the most cost effective in terms of hours of advocacy. The agency has a diverse funding base, of which almost half has already been secured. City funds would pay for 25% of the services to be provided to Federal Way residents. This proposal provides the best opportunity to leverage other funds supporting services to Federal Way residents. 5. Note 3-4 strengths and weaknesses of this ;ncy's proposal. 1. Proposal adequately addresses the scope of 1. Though the agency is an established provider services, in South King County, the YWCA is less visible in Federal Way. 2. Agency is an experienced and established 2. No 24-hour crisis response system. domestic violence service provider and has recently begun providing advocacy and other DV services for other South County cities. 3. This program has recently requested United 3. Way funding specifically to increase their ability to serve all South County residents. 4. 4. 6. Please provide your overall thoughts on this proposal. Then, ranking all the proposals reviewed, in your opinion, what rank order would this proposal fall? This proposal provides the best opportunity to maintain a sub-regional approach to provision of domestic violence advocacy services. The agency is currently working with a number of other South King County cities and is building a strong community advocacy program. The agency has the requisite experience to provide the service. However, the YWCA has not had a great deal of previous experience providing services in Federal Way. For that reason, some start-up time may be required for the agency to build a referral network and develop a coordinated service approach among local agencies. MEETING DATE: March 20, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: City of Fife Jail Interlocal Agreement CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo from ChiefKirkpatrick to the Parks, Recreation, Human Services & Public Safety Committee regarding the City of Fife Jail Interlocal Agreement, and the draft of the Interlocal Agreement between the City of Federal Way and City of Fife. SUMMARY/BACKGROUND: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with the City of Fife for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Fife Jail. The purpose of this Agreement is to set forth the terms and conditions by which the City of Fife will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Fife will provide a minimum of 10 beds per day and shall accept and house a minimum of 10 Federal Way inmates per day. Fife also agrees to make additional beds .n excess of 10 available to Federal Way on a "first come, first served" or "space available" basis. The term set forth will begin April 2001 (specific date yet to be determined) and end December 31, 2002 with options to renew automatically for like terms and conditions or terminate this Agreement as outlined in Section 17. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 24 months, the Department is exploring several proactive strategies to reduce jail costs. The benefits realized by this new venture would afford City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Fife Jail and allow the Department to accomplish one of its objectives to reduce jail costs. Fife agrees to accept compensation in the amount of $63.00 per bed/inmate per day and to make any contracted bed not used by Federal Way available for use by other agencies. Both Municipalities agree that Fife will not charge a separate booking fee. As requested by Council at the City Council Meeting on March 6, 2001, staff has reviewed and negotiated the changes requested by Fife. The changes are generally minor and are signified by strike through and underlining within the contract. The modification to Section 2b clarifies that Fife is not obligated to rent Federal Way's beds at $63.00 per day, and that Fife has the option to fill the other beds in its facility before Federal Way's. Section 8 now specifies that Federal Way shall pay directly or reimburse Fife for all medical care and that Federal Way reserves the right to remove any prisoner who requires medical care to a jail facility, which may appropriately address the prisoner's medical needs. CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 21, 2001 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed City of Fife Interlocal Jail A~reement be forwarded to the City Council for consideration at the March 6, 2001 meeting. CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to sign the Agreement. APPROVED FOR INCLUSION IN COUNCIL PACKET: r~ -~/~ .. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ISAgenda\ JailServicesLFifeJail 3-20-01final CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Item 5.F Date: February 12, 2001 To.- From: Via: Subject: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpat. rick, Cl~xf of Police~. ~. ~- David Mo~eY~C~ Mam~ger City of Fife Jail Ihterlocal Agreement Background: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with the City of Fife for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Fife Jail. The purpose of this Agreement is to set forth the terms and conditions by which the City of Fife will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Fife will provide a minimum of 10 beds per day and shall accept and house a minimum of 10 Federal Way inmates per day. Fife also agrees to make additional beds in excess of 10 available to Federal Way on a "first come, first served" or "space available" basis. The term set forth will begin February 2000 (specific date yet to be determined) and end December 31, 2002 with options to renew automatically for like terms and conditions or terminate this Agreement as outlined in Section 17. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 24 months, the Department is exploring several proactive strategies to reduce jail costs. The benefits realized by this new venture would afford City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Fife Jail and allow the Department to accomplish one of its objectives to reduce jail costs. Fife agrees to accept compensation in the amount of $63.00 per bed/inmate per day and to make any contracted bed not used by Federal Way available for use by other agencies at a minimum charge of $63.00 per bed/inmate per day, and all amounts received from such other agencies will be credited to Federal Way's bill. Both Municipalities agree that Fife will not charge a separate booking fee. Attached is the draft for an Interlocal Agreement between the City of Federal Way and City of Fife. Committee Recommendation: Motion to approve and accept this request for an Interlocal Agreement between City of Federal Way and City of Fife for the housing of inmates (jail services), and forward to full Council for consideration at its February 20, 2001 meeting. APPROVAL OF COM~ MIT~~,P~ORT; JZommittee Chair COmmittee Member Committee Member DRAFT INTERLOCAL AGREEMENT BETWEEN THE CITY OF FIFE, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE FIFE JAIL THIS INTERLOCAL AGREEMENT is made and entered into on this day of ,2001 by and between the City of Federal Way, Washington, a Washington municipal corporation, and the City of Fife, Washington, municipal corporation, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the Chief of Police for the City of Fife (hereinafter "Fife") is authorized by law to have charge and custody of the City of Fife Jail (hereinafter "Fife Jail"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorized by law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Fife Jail as a place of confmement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Fife desires to accept and keep in its custody such inmate(s) in the Fife Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. JAIL AVAILABILITY Fife shall make available for Federal Way prisoners a minimum often (10) beds per day, and shall accept and house a minimum often (10) Federal Way inmates per day. Fife also agrees to make additional beds in excess of ten (10) available to Federal Way on a "first come, first served" or "space available" basis. Interlocal Agreement Between City of Fife/City of Federal Way ] 03/13/2001 2. COMPENSATION (a) Rates. The cost of Fife's care of all Federal Way inmates herein shall be $63.00 per day, per bed/inmate. The parties agree that Fife will not charge a separate booking fee in addition to such rate. (b) Minimum Charge. The City of Federal Way agrees to commit to and pay for ten (10) beds per day, at the rate set forth in Section 2(a) above. Fife shall make any contracted bed not used by Federal Way available for use by other agencies. ^' a --:-: ..... *' ..... ~' .................... ~,,, ,,~ If the bed is used by another agency then $63.00 per bed for each pcr day, ~-'~ ~" ...... * ..... :~'^'~ ~'^-- ............ s ....... will be credited to Federal Way's bill as set forth in Section 2(c) below. Provided, however, Fife reserves the right to fill other emp _ty beds in its facili~ before offering the Federal Way beds to other agencies. (c) Billing and payment. Fife agrees to provide Federal Way with an itemized bill listing all names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. The bill shall reflect the minimum charge provided for in Section 2(b) above, and charges for any inmates in excess often (10) inmates per day (under Section 1 above), less credit for all income received by Fife from other agencies for their use of the Federal Way's ten (10) contracted beds as provided for in Section 2 (b) above. Fife agrees to provide said bill by the l0th of each month. Federal Way agrees to make payment to Fife within thirty (30) days of receipt of such bill for the amount billed for the previous calendar month. 3. DURATION OF INMATE STAY/TYPES OF INMATES (a) Duration of Inmate Stay. The parties agree that the maximum length of stay per inmate, including pre- and post-trial, may not exceed 30 calendar days. (b) Types of Inmates accepted by Fife Jail. Fife will not accept female prisoners for booking into the Fife Jail until such time that Fife equips the Fife Jail to accommodate female prisoners. Federal Way may not book violent felons into the Fife Jail. "Violent felon" is defmed as any person being held for suspicion, warrant, or arrest for any felony crime against a person. Federal Way may book nonviolent felons for a one-night stay provided that Federal Way transports any such nonviolent felons the following day to another jail facility. At the time a person is presented to the Fife jail for booking by a Federal Way officer, the Fife corrections staff will make a determination if the suspect and/or prisoner will be accepted for booking. Persons injured, extremely ill, or exhibiting behavior that presents an obvious danger to the staff or other prisoners will not be accepted. 4. RIGHT OF INSPECTION Federal Way shall have the fight to inspect, at all reasonable times, all of the Fife Jail in which Federal Way's inmates are confined in order to determine if such jail maintains standards of confinement acceptable to Federal Way and that such inmates therein are treated equally Interlocal Agreement Between City of Fife/City of Federal Way 2 03/13/2001 regardless of race, religion, color, creed or national origin; provided, however, that Fife shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES, AND WORK RELEASE Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Provided, Fife shall be under no obligation to allow furloughs, passes, work crews, electronic home detention or work release. 6. INMATE ACCOUNTS Fife shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The Chief of Police for Fife shall be accountable to Federal Way for such inmate funds. At either the termination of this Agreement, the inmate's death, or return to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Fife shall return any remaining money to the prisoner. 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Fife to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Fife, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Fife Jail and shall notify Federal Way prior to any consultation for non-emergency outside services. Fife shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for in-house routine minor medical services, Federal Way shall pay directly or reimburse Fife for all costs associated with the delivery of any emergency and/or major medical service, or pre- approved non-emergency outside medical and/or dental services provided to Federal Way inmates; provided that Federal Way has the option to remove inmates, if at Federal Way's Interlocal Agreement Between City of Fife/City of Federa! Way 3 03/13/2001 discretion, it believes that another jail would be more appropriate for addressing the inmate's medical needs. (b) An adequate record of all such services shall be kept by Fife for Federal Way's review at its request. Any medical or dental services of major consequence shall 'be reported to Federal Way as soon as time permits. ? (c) Should medical or dental services require hospitalization, Federal Way agrees to compensate Fife dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting Federal Way's Public Safety Department Watch Commander at (253) 661-4600 prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmates. 9. DISCIPLINE Fife shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Fife shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Fife Jail, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOVAL FROM THE JAIL A Federal Way inmate legally confined in the Fife Jail shall not be removed therefrom by any person without written authorization from Federal Way or by order of any court having jurisdiction. Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to other inmates or Fife Jail personnel. In the event of any such emergency removal, Fife shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES In the event any Federal Way inmate shall escape from Fife's custody, Fife will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Fife shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connections therewith Interlocal Agreement Between City of Fife/City of Federal Way 4 03/13/2001 shall be chargeable to and bome by Fife; however, Fife shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the Pierce County Coroner shall be notified. Federal Way shall receive copies of any records made at or in connection with such notification. (b) Fife shall immediately notify Federal Way of the death of a Federal Way inmate, fumish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Fife may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Fife's custody. 14. REMOVING OF INMATES Upon request from Fife, Federal Way shall, at its expense, remove any Federal Way inmate within (4) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate at the Fife. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to this Agreement. 16. DURATION This Agreement shall enter into full force and effect from April 2001, specific date to be determined, and end December 31, 2002, subject to earlier termination as provided by Section 17 herein. This Agreement shall be renewed automatically for likcone year successive periods under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to require Federal Way to house inmates in the Fife Jail continuously. Interlocal Agreement Between City of Fife/City of Federal Way 03/13/2001 5 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Fife Jail by the close of said sixty (60) day notice period. (b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Fife under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2001) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2001, then Federal Way shall have the option of terminating the Agreement upon written notice to Fife, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the Federal Way. (c) In the event of termination of this Agreement for any reason, Federal Way shall compensate Fife for prisoners housed by Fife after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Fife: City of Fife 5411 23d St E. Fife, WA 98424-2061 Contact Person: Joe Hannon, Ci_ty Manager City of Federal Way: Contact Person: City of Federal Way City Manager's Office P.O. Box 9718 Federal Way, WA 98063-9718 David H. Moseley, City Manager Interlocal Agreement Between City of Fife/City of Federal Way 6 03/13/2001 19. HOLD HARMLESS AND INDEMNIFICATION Fife will assume the liability for the custody and care of Federal Way prisoners once they are in the custody of Fife. Fife shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest of false imprisonment, for which Federal Way shall defend, indemnify and hold Fife harmless, including reasonable attorneys fees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Fife and Federal Way, its officers, officials, employees, and volunteers, File's liability hereunder shall be only to the extent of Fife's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Fife's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 20. MISCELLANEOUS (a) Fife shall have the right to refuse to accept more than ten ~;;clvc inmates from Federal Way when, in the opinion of Fife, its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Fife shall further have the right to refuse to accept any inmate from Federal Way who, in the judgment of Fife, has a current illness or injury which may adversely affect the operations of the Fife Jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. (c) Federal Way prisoners incarcerated in the Fife Jail pursuant to this Agreement shall be transported to Fife by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Fife is not responsible for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an iumate if, in fact, transportation of an inmate by Fife becomes necessary. (d) In providing services under this contract, Fife is an independent contractor and neither it nor its officers, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service fights, which may accrue to an employee of Federal Way under any applicable law, rule or regulation. Interlocal Agreement Between City of Fife/City of Federal Way 7 03/13/2001 (e) A copy of this agreement, once executed, will be filed with King County and Pierce County, as required by R.C.W. 39.34.040 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY CITY OF FIFE By DAVID H. MOSELEY, City Manager JOE HANNAN, City Manager ATTEST: JAMES M. PAULSON, Chief of Police ATTEST: N. Christine Green, CMC, City Clerk DATED: Approved as to Form: Lynne Goodman, City Clerk-Treasurer DATED: Approved as to Form: Bob C. Sterbank, City Attomey Loren Combs, City Attomey K:\InteflclUail Services Agmt Fife Final 3/13/01 Inteflocal Agreement Between City of Fife/City of Federal Way 8 03/13/2001 MEETING DATE: March 20, 2001 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001 Interlocal Agreement for Waterfowl Management Program CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Committee action form dated March 12, 2001; Interlocal Agreement SUMMARY/BACKGROUND: Canada Geese populate the beach at Steel Lake Park and in Celebration Parks wetlands and sports fields. The geese increase our cost to manage the parks and pose a health and safety risk to the park user. Some of the most measurable impacts are the increased labor costs to keep the beaches and picnic areas clean, risk to the water quality of Steel Lake for swimming and pose a threat to the success of the wetland plantings are a few examples. The most significant tool to manage the Canada Geese population is the Interlocal Agreement for Waterfowl (Canada Goose) Management Program. Currently 10 city's, including Seattle and Federal Way, Boeing, Seattle Public utilities and the University of Washington make up the Oversight Committee to monitor this program. The purpose of this agreement is to provide the joint funding to contract with the Wildlife Services Program of the U.S. Department of Agriculture (WS) to manage the Canada Geese population within King County. The plan will include an egg addling program, lethal control, population monitoring and census: mainly of Canada Geese, within King County. The City's contribution will be limited to $1,550. The term of this Agreement is from January 1,2001 to December 31,2001. CITY COUNCIL COMMITTEE RECOMMENDATION: On March 12, 2001, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion authorizing the City to enter into an Interlocal Agreement for Waterfowl Management Program and forward to full Council on March 20, 2001. CITY MANAGER RECOMMENDATION: Motion to approve the 2001 Interlocal Agreement for Waterfowl Management Program. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CI~ CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # CC_WATERFOWLMGMT- 3/13/01 IT~4 DATE: TO: FROM: VIA: SUBJECT: pARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM March 6, 2001 /~~ PRHSPS Council Committe~ Jennifer Schroder, Directo '_r David Mosek~~-an75- 20011nterlocal Agreement for Waterfowl Management Program Back~round: Canada Geese populate the beach at Steel Lake Park and in Celebration Parks wetlands and sports fields. The geese increase our cost to manage the parks and pose a health and safety risk to the park user. Some of the most measurable impacts are the increased labor costs to keep the beaches and picnic areas clean, risk to the water quality of Steel Lake for swimming and pose a threat to the success of the wetland plantings are a few examples. The most significant tool to manage the Canada Geese population is the Interlocal Agreement for Waterfowl (Canada Goose) Management Program. Currently 10 city's, including Seattle and Federal Way, Boeing, Seattle Public utilities and the University of Washington make up the Oversight Committee to monitor this program. Purpose The purpose of this agreement is to provide the joint funding to contract with the Wildlife Services Program of the U.S. Department of Agriculture (WS) to manage the Canada Geese population within King County. The plan will include an egg addling program, lethal control, population monitoring and census: mainly of Canada Geese, within King County. Scope of proeram 2001 will be the ninth year of an egg addling program and the second year utilizing "lethal control". In addition, educational programs will be initiated to inform the public about urban Canada Geese and the associated health and safety problems. Responsibilities Each party, represented on the Waterfowl Management Committee will share in the ongoing review of the programs carded out by WS. Compensation The City's contribution will be limited to $1,550. Term The term of this Agreement is from January 1, 2001 to December 31, 2001. Deliverables WS will make every effort to conduct a 2,000 - 2,500 egg-addling program. Lethal control will be implemented as necessary and total numbers will be established by the U>S> Fish and Wildlife Service Permit. Participants will receive a report on the number of eggs addled and geese euthanized in 2001. Committee Recommendation: To move a "do pass" to the City Council to approve the 2001 Interlocal Agreement for Waterfowl (Canada Goose) Management Program. I ~e]mmittee Chair Committee Member Committee Member For Your Action 2001 Interlocal Agreement for Waterfowl (Canada Goose) Management Program Please Note: Final Form Ready for Your Submittal for Signature and Funding Authorization (Revised 3/07/01) n:s~affosp\dh\water fwl\agreemnt\Inter2000 1 DRAFT 2001 INTERLOCAL AGREEMENT FOR WATERFOWL (CANADA GOOSE) MANAGEMENT PROGRAM WHEREAS, Chapter 39.34.040 RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services in a manner pursuant to forms of govemment organization that will accord best with recreational, park and natural resources and other factors influencing the needs and development of local communities; and WHEREAS, the various agencies, cities, counties, Washington State and agencies of the Federal Government listed in Exhibit A - Page 4 of this Agreement, desire to manage waterfowl, especially Canada Geese; and WHEREAS, all parties require assistance from the Wildlife Services Program of the U.S. Department of Agriculture, to reduce negative impacts on water quality, minimize resource damage, ensure safety from disease for park visitors, and enhance other property managed; and WHEREAS, information dating to a 1989 Waterfowl Research Project done by the University of Washington and current data indicates a large surplus of geese and other waterfowl species in the greater Seattle area; and WHEREAS, this program will be an ongoing resource management activity attempting to maintain a manageable number of birds on a year-to-year basis; and NOW, THEREFORE, in consideration of the covenants herein, it is mutually agreed as follows: SECTION I - PURPOSE The purpose of this Agreement is to provide joint funding for an egg addling program, lethal control, population monitoring and census; mainly of Canada Geese, within King County. This program will assist each party in maintaining and managing public and selected and approved private sites that are impacted by a surplus of waterfowl. n: staffosp\dh\water fwl\agreemnt\Inter2000 2 SECTION II - SCOPE OF PROGRAM Wildlife Services (WS) will receive funds as referenced in Table 1 fi:om each participating member for the continuation of an egg addling program, lethal control and evaluation during spring and summer 2001. WS will carry out an egg addling program, seeking as many accessible nesting areas as possible and will make every effort to minimize damage to the surrounding environment. WS will also implement a program of"lethal control" as requested by the Waterfowl Management Committee (WMC), subject to the terms and conditions of a permit to be issued by the U.S. Fish and Wildlife Service. This will be done on a case by case basis in situations where an overpopulation of Canada geese may result in an impact on human health and safety, such as potable water contamination, bird aircraft strikes, disease transmission of other situations as determined by WMC members. Agency and corporate participants acknowledge that their participation includes a request to WS for direct assistance for the removal of Canada geese, and will rely on the experience and expertise of WS to identify locations where goose removal is appropriate. Participants may identify locations where control is not to be carded out within their jurisdiction. Approved by: for Date: Agency WS will provide an annual report to the members of the WMC which will include information regarding egg addling, the general location of nests and number of eggs addled, number of geese removed, difficulties encountered and whatever other information would be valuable to the WMC. A census of urban Canada Geese will be conducted during 2001, however as in 2000 these census counts will be expanded using staff fi:om local agencies and participants at times and places to be specified within their jurisdiction. Where possible, educational programs will be initiated to inform the public about urban Canada Geese, the associated problems, and the efforts of the WMC committee at addressing those problems. SECTION IH - RESPONSIBILITIES Each party, represented on the Waterfowl Management Committee, as shown on Exhibit "A", and incorporated by reference herein, will share in the ongoing review of the programs carried out by WS. Each party agrees that, if necessary, an Oversight Committee will be appointed to monitor and report back to the general committee on a regular basis. Three members of the Committee will make up the Oversight Committee chaired by the City of Seattle representative. SECTION IV - COMPENSATION The total cost of the 2001 waterfowl management program shall not exceed Twenty-Six Thousand Three Hundred Seventy Dollars and No/100 ($26,370.00). Each party shall contribute to the financial costs of the program as shown in Table I. SECTION V - TERM AND EXTENSION The Term of this Agreement is from January 1, 2001 to December 31, 2001. This Agreement may be extended in time, scope or funding by mutual written consent from all parties referenced herein. SECTION VI - TERMINATION This agreement may be unilaterally terminated by any of the parties referenced herein or Wildlife Services upon presentation of written notice to the Waterfowl Management Committee at least 30 days in advance of the severance date shown in Section V. Should termination of this agreement occur without completion of the program each party shall pay only its pro rata share of any expenses as referenced in Table 1 at the date of the termination and each party shall receive a complete report of the programs activities up to the time of the termination. SECTION VII - DELIVERABLE Wildlife Services will make every effort to conduct a 2,000 - 2,500 egg addling program. Field conditions or changing conditions may increase or decrease these numbers. Lethal control will be implemented as necessary and total numbers will be established by the U.S. Fish and Wildlife Service Permit. Participants will receive a report on the number of eggs addled and geese euthanized in 2001. 4 SECTION VIII - FILING As provided by RCW 39.34.040, this agreement shall be filed prior to its entry and force with the City or County Clerks of the participating parties, the County Auditor and the Secretary of State, and, if found to be necessary, with the State Office of Community Affairs as provided by RCW 39.34.120. SECTION IX - LIABILITY Each party to this agreement shall be responsible for damage to person or property resulting from the negligence on the part of itself, its employees, its agents or its officers. No party assumes any responsibility to another party for the consequences of any act or omission of any person, firm, or corporation not at party to this agreement. SECTION X - SEVERABILITY If any section of this agreement is adjudicated to be invalid, such action shall not affect the validity of any section so adjudged. This agreement shall be executed on behalf of each party by its authorized representative. It shall be deemed adopted upon the date of execution by the last so authorized representative. This agreement is approved and entered into by the undersigned Federal, County and local government units, university and other private parties. City of Bellevue City of Renton By: By: Patrick Foran, Director of Parks and Community Services Date: Jesse Tanner, Mayor Date: City of Bothell City of Tukwila By: By: Rick Kirkwood, City Manager Date: Steve Mullet, Mayor Date: City of Federal Way City of SeaTac By: By: David Moseley, City Manager Date: Calvin Hoggart, City Manager Date: City of Kent City of Woodinville By: By: John Hodgson, Director Donald D. Rose, City Manager Date: Date: 5 City of Kirkland By: David Ramsey, City Manager Date: King County By: Craig Larsen, Director of King County Parks System Date: City of Mercer Island By: Rich Conrad, City Manager Date: Seattle Department of Parks and Recreation By: Kenneth R. Bounds, Superintendent Date: City of Redmond By: Rosemarie Ives, Mayor Date: Seattle Public Utilities By: Diana Gale, Managing Director Date: University of Washington By: Karen VanDusen Director of Env. Health & Safety Date: Approved as to form: Bob C. Sterbank, City Attorney City of Federal Way EXHIBIT A WATERFOWL MANAGEMENT COMMITTEE PARTICIPANTS Boeing Company/Pacific Resources Group ................................................................... Steve Goetz City of Bellevue ................................................................................................................ Pat Harris City of Bothell ................................................................................................................ Clark Meek City of Federal Way .......................................................................................................... Jon Jainga City of Kent ..................................................................................................................... Rick Weiss City of Kirkland ......................................................................................................... Mark Johnston City of Mercer Island .............................................................................................. Glenn Boettcher City of Redmond ......................................................................................................... Teresa Kluver City of Renton .............................................................................................................. A1 Dieckman City of SeaTac .............................................................................................................. Kit Ledbetter City of Seattle Department of Parks and Recreation .................................................. Donald Harris City of Seattle Public Utilities ...................................................................................... Mike Bonoff City of Tukwila ........................................................................................................... Chuck Morris City of Woodinville ...................................................................................................... Brian Meyer King County Parks .................................................................................................... Terrance Brady University of Washington ................................................................................... Charles Easterberg U.S.D.A. Wildlife Services ........................................................................ John Houben/Keel Price U.S.D.I. Fish and Wildlife Service ............................................................................... Brad Bortner 7 TABLE I AGENCIES CONTRIBUTIONS Boeing 1,550 City of Bellevue 1,550 City of Bothell 1,550 City of Federal Way 1,550 City of Kent 1,550 City of Kirkland 1,550 City of Mercer Island 1,550 City of Redmond 1,550 City of Renton 1,550 City of SeaTac 1,550 City of Tukwila 1,550 City of Woodinville 1,550 King County 1,550 Seattle Department of Parks and 2,335 Recreation Seattle Public Utilities 2,335 University of Washington 1,550 TOTAL $26,370 All checks will be made payable to the USDA-APHIS-ADC, earmarked for the Wildlife Services and sent to the following addresses: Mr. J. Gary Oldenburg State Director - Wildlife Services Program U.S. Department of Agriculture 720 O'Leary Street Northwest Olympia, Washington 98502 (360) 753-9884 In case of procedural questions regarding this project, please contact: Cindy Carney, Administrative Officer Wildlife Services Program (360) 753-9884 FAX: 753-9466 For questions regarding implementation of control measures and census, please contact: Keel Price (360) 337-2779 8 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: A~mND~m~s TO F~DE~,I~ WAY CITY CODE (FWCC), CHAPTER 22 RELATING TO ALLOWED ~ HEIGHTS AND OTHER ~gISCELLANEOUS CHANGES CATEGORY: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: (1) March 8, 2001 Memorandum to the City Council; (2) Draft Ordinance; (3) Exhibit A -- Proposed Amendments to Land Use Charts and FWCC, Sec. 22.1. Definitions; (4) Exhibit B-- February 28, 2001 Memorandum to the LUTC)/Planning Commission Recommendation; (5) Exhibit C - Staff Report to the Planning Commission; and (6) Exhibit D - Minutes of February 21, 2001 Planning Commission Meeting. SUMMARY/BACKGROUND: As part of its regular review of development regulations, Staff has identified the need to amend the text of Federal Way City Code (FWCC), Section 22 to address a number of code items related to definitions of various types of schools, clarification of where various types of schools should be located, maximum allowable height of schools, and parking requirements for churches. When preparing the amendments, staff also found there was a need to modify the Use Zone Charts to ensure consistency in height requirements in the Multifamily Residential Zones. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed text amendments during a public meeting on March 5, 2001. At that meeting, the LUTC recommended forwarding the proposed amendments to the full Council for first reading on March 20, 2001with the changes outlined in the attached March 8, 2001 Memorandum to the City Council. CITY MANAGER RECOMMENDATION: Motion to move to second reading and enactment at the next regular meeting. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERREDfNO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # t:~2001 Code Amendments\Schools~LUTC~032001 CC Cover Agenda. doc/03/08/2001 3:49 PM CITY OF FEDERAL WAY MEMORANDUM DATE: TO: FROM: SUBJECT: MEETING DATE: March 8, 2001 Mayor Mike Park and Federal Way City Council Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Amendments to Federal Way City Code (FWCC), Chapter 22 Relating to Allowed Maximum Heights and other Miscellaneous Changes March 20, 2001 I. ~TRODUCTIONANDBACKGROUND As part of its regular review of development regulations, Staff has identified the need to amend the text of Federal Way City Code (FWCC), Section 22 to address a number of code items related to definitions of various types of schools, clarification of where various types of schools should be located, maximum allowable height of schools, and parking requirements for churches. When preparing the amendments, staff also found there was a need to modify the Use Zone Charts to ensure consistency in height requirements in the Multifamily Residential Zones. Attached are the following: Draft Ordinance Exhibit A -Proposed Amendments -- Land Use Charts and Federal Way City Code, Sec. 22.1. Definitions Exhibit B -- February 28, 2001 Memorandum to the Land Use and Transportation Committee (LUTC)/Planning Commission Recommendation to the LUTC (March 5,2001 Land Use Transportation Committee Meeting) Exhibit C- Staff Report to the Planning Commission (February 21, 2001 Planning Commission Meeting) Exhibit D - Minutes of February 21, 2001 Planning Commission Meeting The proposed amendments have been prepared in "line-in/line-out" format, with the Planning Commission's recommendations shown as str'~kezuts (proposed deletions) and underline (proposed additions) and the LUTC's recommendations shown as sa4k~ou~ (proposed deletions) and underline (proposed additions). II. REASON FOR COUNCIL ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for F~VCC text amendments. Consistent with Process VI review, amendments to the FWCC text must be approved by the City Council based on a recommendation from the Planning Commission. III. PLANNING COMMISSION RECOM]VIENDATION As discussed below in Section V-- Procedural Summary of this staff report and reflected in Exhibit D - February 2 I, 2001, Planning Commission Minutes, the Planning Commission conducted a public hearing on the proposed text amendments on February 21, 2001. The Planning Commission considered the proposed FWCC text amendments (Exhibit ¢) in light of the decisional criteria outlined below in Section Vlofthis report. By a unanimous vote (7-0), the Commission recommended that the City Council adopt the Zoning Code text amendments with the following two changes to be prepared by staff: 1. Provide a definition of Gymnasium. 2. Allow Trade Schools in the City Center Frame (CC-F). The request to allow Trade Schools in the CC-F was to ensure that the Gene Juarez Beauty School, which is located in that zone, does not become non-conforming as a result of the code amendment. In response to the Planning Commission's request, staff made the following changes: 1. Provided the following definition of gymnasium: A gymnasium is a room or building equipped for gymnastics or sports, which must be accessory to a school facility. A gymnasium may also be used as an auditorium to hoM concerts and other performing arts. The request by the Planning Commission to allow Trade Schools in the CC-F was to ensure that the Gene Juarez Beauty School, which is located in that zone, does not become non-conforming as a result of the code amendment. However, the intent of the staff code amendment was to allow Vocational schools in zones where office uses were allowed and to allow Trade Schools where more intensive uses were allowed. Therefore, as an alternative to modifying the code amendment to allow Trade Schools in the CC- F, staff recommends including beauty schools in the definition of Vocational School. Therefore the definition of Business or Vocational School would be amended as follows: Business College or Vocational School shall mean a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computers programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training or other professional training or continuing education. City of Federal Way LUTC Report Amendments to Federal Way City Code (FWCC), Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes March 8, 2001 Page 2 IV. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION It is the City's practice that all land use related items be presented to the LUTC. The LUTC discussed the Planning Commission's recommendation during a March 5, 2001 public meeting. During that meeting, the LUTC made a motion to forward the proposed amendments to the full Council for first reading on March 20, 2001 with the following changes shown as double underline (additions) and ~ (deletions). A gymnasium is a room or building equipped for ~'mxartiz: er sports, which must be accessory to a school facility, health club. social service club such as the Boys and G&ls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. Business College or Vocational School shall mean a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computers programming or usage, or training in.fields such as health services, restaurant management, real estate, beautician training or ether professional training or continuing education in these or similar professions. Trade (or vocationaO school shall mean a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery;_ bartending; etc. In addition, language is proposed to be added in all zones where there are special height provisions for structures less than 100 feet from an adjacent residential zone to clarify that only that portion of the structure within 100 feet, and not the entire structure would be affected, e.g., please refer to FWCC, Section 22-674(7)(a). Finally, the LUTC requested that language be added to the Use Zone Charts to address potential view blockage that may be associated with increased heights of structures, e.g., please refer to FWCC, Section 22-639(10) which states "For any structure including gyms, an increase in height above 30' shall not block views designated by the comprehensive plan." V. PROCEDURAL SUMMARY February 3, 2001 February 19, 2001 February 21,2001 March 5,2001 March 20, 2001 Determination of Nonsignificance pursuant to State Environmental Policy Act (SEPA) End of SEPA Comment Period Public Hearing in front of Planning Commission LUTC Meeting City Council Meeting- 1~t Reading of Adoption Ordinance City of Federal Way LUTC Report Amendments to Federal Way City Code (FWCC), Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes March 8, 2001 P~e3 Vie DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendment with the criteria provided by FWCC Section 22-528. The City may amend the teXt of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. £UP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. LUG 3 Preserve and protect Federal Way's single family neighborhoods. £ UP15 Protect residential areas from impacts of adjacent non-residential uses. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; The proposed FWCC text amendments will result in improved review processes, by providing consistency between requirements and standards, which have a direct relationship to the public health, safety, and welfare. and 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve review processes by clarifying and standardizing requirements, resulting in increased efficiency and effectiveness of City resources. City of Federal Way LUTC Report Amendments to Federal Way City Code (FWCC), Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes March 8, 2001 P~e4 VII. COUNCIL ACTION Pursuant to FWCC Section 22-541, after consideration of the Planning Commission report and, at its discretion holding its own public hearing, the City Council shall by majority vote of its total membership take the following action: 1. Approve the proposed Zoning Code text amendment by ordinance; 2. Modify and approve the proposed Zoning Code text amendment by ordinance; 3. Disapprove the proposed Zoning Code text amendment by resolution; or 4. Remand the proposed Zoning Code text amendment back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report back to the City Council on the proposed Zoning Code text amendment. I:k2001 Code Amendments\Schools~LUTC\032001 Staf Report to City Council.doc/03/08/2001 1:36 PM City of Federal Way LUTC Report Amendments to Federal Way City Code (FWCC), Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes March 8, 2001 P~e5 CITY OF FEDERAL WAY ORDINANCE NO. 01 - DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS MAXIMUM HEIGHTS AND OTHER MISCELLANEOUS CHANGES WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning). WHEREAS, the City of Federal Way finds that the amendments to FWCC, Chapter 22 (Zoning), to modify standards relating to maximum heights and other miscellaneous changes will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendments relating to maximum heights and other miscellaneous changes will implement and is consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the code amendments relating to maximum heights and other miscellaneous changes on February 3,2001; and WHEREAS, the Planning Commission conducted duly a noticed public hearing on the code amendments relating to maximum heights and other miscellaneous changes on February 21,2001, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments relating to maximum heights and other miscellaneous changes on March 5, 2001, following which it recommended adoption of the text amendments. WHEREAS, the City Council finds that the code amendments relating to maximum heights and other miscellaneous changes are consistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement,-the following Comprehensive Plan goals and policies: L UG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. LUG 3 Preserve and protect Federal Way's single family neighborhoods. LUP15 Protect residential areas from impacts of adjacent non-residential uses. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they will result in improved review processes, by providing consistency between requirements and standards; and 3. The proposed amendment is in the best interest of the residents of the city because they will improve review processes by clarifying and standardizing requirements, resulting in increased efficiency and effectiveness of City resources. Section 3. Amendment. FWCC, Chapter25- is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the ORDINANCE NO. 01 - , PAGE 2 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ,2001. APPROVED: MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CRISTINE 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.: l:k2001 Code Amendments\Schools~LUTC~Adoption Ordinance.doc/03/07/20014:44 PM ORDINANCE NO. 01 - , PAGE 3 H 0 N o o $~IDV,:I$ JO ~.I-IOI~-I ~{9V'd~IAOD £0~I (qm~) ..LNO~I.:I ~ZIS £0'1 SS~IDO}ld AX~IIA~I SNOLLVqfID~IH (q~) ~KII$ I2,I0'8~ ~ZI$ £0'1 SSHDO~dd A~HIA~"d (IHIIIFI~)Hlt o :~dfI.LDflI:LLS :10 .l}-IDl~'I ~D~OD ,LO1 (qoga) .q(II$ .LNO~hI ~ZIS ,LO1 SS3DOI:Id ~ ~ IAL['a SNOlIVqflO~[H ~ z ~.--'T ~ ~ ~ ~ 0 0C ° o._ ~ o ~-- o o o~ ~~ ~ s~ovas ~0 ~9I~ ~ ~O~OD &O~ ~ o~nb~ ~o,~~ PAGE z cq z 0 PAGE i_.L~: ,,Z~ $~t3Vd$ ~IfLLDfI~I.LS ::IO .LHDIHH PAG~ Zt A FWCC CHAPTER 22, ZONING Sec. 22.1. Definitions Adjoining shall mean property that touches or is directly across the street from the subject property. For the purpose of height regulations, any portion of a structure which ;o ..mere *~an 100 feet or more from a low density zone is not considered to be adjoining that zone. Business College or Vocational School shall mean a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computers programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or ~ professional training or continuing education in these or similar professions. College or university shall mean a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Gymnasium is a room or building equipped for sports that must be accessor~ to a school facility, health club, social service clubs such as the Boys & Girls Club or similar facility, or public or private recreational faciliw. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. Schools shall mean institutions of learning, excluding those offering post secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. Trade~v, / ....... ,,-~---,-,--v';"~'t} school shall mean a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; and bartending~-~t~. l:~>OCUMENTWlega-Churches~LUTC\Updated School Definitions. DOC/Last printed 03/09/2001 I 1:58 AM EXHIBIT,A. ........ PAG February 28, 2001 CITY OF FEDERAL WAY MEMORANDUM PAGl:::...2.t OF ...... To: FROM: VIA: SUBJECT: Dean McColgan, Chair Land Use/Transportation Committee (LUTC) Kathy McClung, Director of Community Deve.lopment Services ~h'~'~ H. Clark, AICP, Senior Planner ~ Margaret David M/~~ger Amendments to Federal Way City Code OvWCC), Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes A. BACKGROUND As part of its regular review of development regulations, Staff has identified the need to amend the text of Federal Way City Code (FWCC), Section 22 to address a number of code items related to definitions of various types of schools, clarification of where various types of schools should be located, maximum allowable height of schools, and parking requirements for churches. When preparing the amendments, staff also found there was a need to modify the Use Zone Cha_¢ts to ensure consistency in height requirements in the Multifamily Residential Zones. Please refer to attached Staff Report for a discussion of each issue. PROPOSAL The Planning Commission conducted a public hearing on February 21, 2001. There were two requests of staff. One was to provide a definition of Gymnasium and the other was to allow Trade Schools in the City Center Frame (CC-F). The request to allow Trade Schools in the CC-F was to ensure that the Gene Juarez Beauty School, which is located in that zone, does not become non- conforming as a result of the code amendment. The intent of the staff code amendment was to allow Vocational schools in zones where office uses were allowed and to allow Trade Schools where more intensive uses were allowed. Therefore, as an alternative to allowing Trade Schools in the CC-F, Staffwould like to recommend including beauty schools in the definition of Vocational School. Therefore the definition of Business or Vocational School would be as follows: Business Co!!e£e or Vocational School shall mean a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computers programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training or other professional mining or continuing education. P^GE .OF In response to a definition for Gymnasium, the following is recommended: A gymnasium is a room or building equipped for gymnastics or sports, which must be accessory to a school facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. C. RECOMMENDATION The Planning Commission recommends adoption of the proposed FWCC text amendments as presented by staffwith the two changes described in B above. Please note that staff has recommended a change to the definition of Vocational School to address Planning Commission's concerns of the Gene Juarez School in lieu of allowing Trade Schools in the CC-F zone. APPROVAL OF COMMITTEE ACTION: 7-~ean McCol~ Eric Faison I:X2001 Code Amendments~Schools~Planning Commission~Memo to LUTC.doc/02/28/2001 11:46:18 AM P~e2 STAFF REPORT TO THE PLANNING COMMISSION Allowed Maximum Heights and Other Miscellaneous Changes Federal Way City Code (FWCC), Amendments Planning Commission Meeting of February 21, 2001 BACKGROUND As part of its regular review of development regulations, Staffhas identified the need to amend the text of Federal Way City Code (FWCC), Section 22 to address the following: 1. Modify the definition for Business or Vocationa! School, Trade School, and School, and clarify in which zones they would be allowed in. 2. Modify the Use Zone Charts to allow for schools in the Office Park Zone. 3. Allow for increased heights for School Gyms and other school-related structures. 4. Modify the Use Zone Charts to ensure consistency in height requirements in the Multifamily Residential Zones. 5. Modify parking requirements for churches to address the wide range of uses associated with churches. The proposed amendments have been prepared in "line-in/line-out" format, with s~[kecu~ (proposed deletions) and underline (proposed additions) indicated. II DISCUSSION OF PROPOSED CODE AMENDMENTS A. Definition for Business or Vocational School, Trade School, and School, and clarification of which zones they would be allowed in. The School District has identified a need to prepare high school students nearing graduation for jobs considered vocational, business-related, or trade in nature. Presently, the definition of School addresses only instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington. Therefore, an amendment is being proposed to widen the definition of school (Exhibit ~1) to address the needs of the district. When the existing definitions were being reviewed, staff realized that there were inconsistencies in the existing definitions of Business College, Vocational School, and Trade School. Therefore, staff has recommended some amendments to address these inconsistencies (Exhibit A). There were also inconsistencies in which zones various types of schools could be allowed. In order to address this, the Use Zone Charts are being proposed to be changed as follows: EX , C_ PAG Zone School Business School Trade School Vocational School College University SE X RS X RM X PO X BN X BC X X Add X Add X Add CC-C X X X-Delete X Add CC-F X X iX-Delete X Add OP X X X X BP X X-Delete Staff recommends that Trade Schools no longer be allowed in the City Center Core (CC-C) and City Center Frame (CC-F) zones due to their nature (Exhibit,4) but that they are allowed in the Community Business (BC) zone. We also recommend that Vocational Schools be allowed in the BC, CC-C, and CC-F zones, but delete them from the BP zone. Also, that Business Schools be allowed in the BC zone. B. Modify the Use Zone Charts to allow for schools in the Office Park Zone Presently, schools are allowed in all zoning districts except Professional Office (PO), Office Park (OP), and Business Park (BP). Panther Lake Elementary School is presently located in the OP zone as a legal nonconforming use. This makes it difficult for Panther Lake to substantially expand or make substantial improvements without complying with the provisions of FWCC, Article IV, "Nonconformance." Allowing schools in the OP zone is not in conflict with any City goal or policy and would allow the continued existence of Panther Lake as a legally allowed use. C. Allow for increased heights for School Gyms and other school-related structures Do As part of normal review of the zoning code, staff has realized that existing provisions would not allow construction of a school gym without obtaining a variance to the height provisions of the code. In the majority of the zoning districts, the maximum height for schools is presently 30-35 feet. However, information from representatives of the Federal Way School District shows that gyms need to be taller than 30-35 feet to allow for activities. In addition, other school related structures, if built today to existing City design standards, would need to exceed 30-35 feet. Staff is therefore recommending increased heights for gyms and'Other school- related structures based on separation standards from adjacent residential zones and increased setbacks for increased heights. Please refer to Exhibit B--Use Zone Charts. Modify the Use Zone Charts to ensure consistency in height requirements in the Multifamily Residential Zones When the Use Zone Charts were being amended to address the recommendations for increased heights for schools, Staff realized that there were existing conflicts in the Multifamily (RM) zone relating to allowed heights of structures in the RM 1.8 zone (Multifamily -- Minimum Lot Area per unit of 1,800 square feet) when adjoining a Iow density zone. For example, please refer to Section 22-67d of Exhibit B. Under the Height Structure column, the allowable height is 30 feet above average building elevation, but under Special Regulations andNotes, the Planning Commission Staff Report Page 2 Height & Other Miscellaneous Amendments PAG maximum height is 15 feet. Amendments are being proposed to make these requirements consistent in each Use Zone Chart where a conflict was identified. An amendment is also being proposed for the definition of Adjoining for clarification purposes (Exhibit Modify parking requirements for churches to address the wide range of uses associated with churches Presently, the Use Zone Charts of the FWcc require that churches provide one parking space for every five people based on the maximum occupancy load in the principle worship area. During review of development applications for churches, Staff has determined that this may not result in an adequate number of parking spaces for a church because it has become more common for churches to have a variety of accessory uses such as day care and schools. Therefore, staff is recommendi, ng that required parking spaces be based on a Transportation Management Plan (TMP); which would allow eachchurch to provide adequate parking based on the activities to be conducted on-site. Please refer to Exhibit B. III REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, Zoning, Article IX, Process VIReview, establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: To review and evaluate the zoning code text regarding any proposed amendments; To determine whether the proposed zoning code text amendmen~ meets the criteria provided by FWCC Section 22-528; and, To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. IV PROCEDURAL SUMMARY February 3,2001 February 19, 2001 February 21,2001 Determination of Nonsignificance pursuant to State Environmental Policy Act (SEPA) End of SEPA Comment Period Public Hearing in front of Planning Commission V DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendment with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: Planning Commission Staff Report Page 3 Height & Other Miscellaneous Amendments The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 LUP 6 LUG3 LUP15 Improve the appearance and function of the built environment. Conduct regular reviews of development regulations to determine how to improve upon the development review process. Preserve and protect Federal Way's single family neighborhoods. Protect residential areas from impacts of adjacent non-residential uses. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments will result in improved review processes, by providing consistency between requirements and standards, which have a direct relationship to the public health, safety, and welfare. o The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve review processes by clarifying and standardizing requirements, resulting in increased efficiency and effectiveness of City resources. VI PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed Zoning Code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. Planning Commission Staff Report Page 4 Height & Other Miscellaneous Amendments VII STAFF RECOMMENDATION PAG The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments. (If changes occur as a result of Planning Commission deliberations add, "as amended by the Planning Commission.") VIII EXHIBITS Exhibit A- Revised Definitions of Schools Exhibit B - Use Zone Charts Proposed to be Amended Exhibit C - Revised Definition of Adjoining ! :'lXEl. JMl~l'lXqeg: -Cl~d~Wl:~i~ Comm~ssiou~Helght & Other Misc: Changes Slaff Rq:.a~Ldoc./La~ pdatod 02/I li'1001 01:54 PM Planning Commission Staff Report Page 5 Height & Other Miscellaneous Amendments School definitions: FWCC CHAPTER 22, ZONING Sec. 22.1. Definitions PAG F_..__6._ 0 Business C-oI4ego or Vocational School shall mean a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computers programming or usage, or training in fields such as health services, restaurant management, real estate, or other professional training or continuing education. College or university shall mean a post-secondary institution for higher learning that gmts associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Schools shall mean institutions of learning, excluding those offering post secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. Trade r ....... ,,,-,-,-,n school shall mean a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing1 chefs and culinary training; upholstery; bartending; etc. EXHIBtT_ PAGE__.LOF_t. l:'O.001 Code Amcndmcn't~fl~ools~SEPA~School Dcfinitions.DOCJL~ pdntcd 2/14/01 !:25 PM PAG E__L,.,~ '~ EXHIB~I ~ ,. · pAGE_3_OF~ ? &O//-IOY~I HDV~A03 .LO"I .LNOH...I HZIS £0'I PAGE_ 50F ;t'/ (qaea) PAGE/~~F~ PAG E_._~OF,~ ? PAG E_/._~OF~ s~ovas o~,z~'a f: ~.- ,.10 ,.LHO~ ?IOVlt3AO3'.LOq ~ (qoea) ~l(llS .LNO'~! ~ EXHIBIT PA~ 2f EXHIB~T~ PAGE, o ~_~ ~ (qo~o) aais ~ZIS EXHiBiT g PAGE IOOF PAG E_./.~ OF~ &O EXH~IE~T__/~ PAGE ~ / OF.2-~ .EXHIBIT 6' PAGE/ii OF ~'/ 6., PA~ E_.__~OF_~L_ PAGE 210F~ PAGE_ IS. OF E×~B~T C PAGE 2_.~OF~ PAGE t~, E~D~T C PAGE_ ,~~ EXHiID[i¥'_ 6~ PAGE t_J_iO F_.2,2_ E×H~B1]T ~IZI$ £01 SNO LLVqIi1D~[I:! o o wsfi. lDfrR.t~ _40 .iI-iDi~i-i -qOV'SRA03 .LO'I (qo~) it(IIS PAG E_A.,S 0 FI-Y-- S'~D¥clS 9~cI :IO .LHDI~-I liV '.'.'.'.'.'.'.'.~d (q'::)~o) ~I(II$ JJ',lO'l~l HZlS .I,0'1 S-'~O0~d At, HIAH'd SNOI:L'("II'IDlt/I PAGE · OF.~7 PAGE~OF ~ ~ 0 0 0 h~ 8-, ~t~ · PAGE ;~ ¢ OF. 27 E~H~T C PAGE ~$ OF ~'? EXHIBnT E PAGE FWCC CHAPTER 22, ZONING Sec. 22.1. Definitions Adjoining shall mean property that touches or is directly across the street from the subject property. For the purpose of height regulations, any portion of a structure which ig ..--.ere tb.~ 100 feet or more from a low density zone is not considered to be adjoining that zone. PAG E.:~L.~O F_.~ PAGE__L_I OF! !:9.001 Code AnmdmeatskS:hoolsk~EPA~Defmlfioa ofAdjoiaittg/X)C/L~ pdale4 2/14/01 1:16 PM MEETING SUMMARY Commissioners present: Karen Kirkpatrick Hope Elder, Nesbia Lopes, Bill Drake, John Caulfield, Dini Duclos, and Dave Osaki. Commissioners absent: none. Guests present: Bill May. Staff present: Community Development Services Director Kathy McClung, Community Development Services Deputy Director Greg Fewins, Senior Planner Margaret Clark, Consultant Rick Sepler; Assistant City Attorney Phil Olbrechts; Traffic Engineer Rick Perez; and Administrative Assistant E. Tina Piety. Chairwoman Kirkpatrick called the ineeting to order at 7:00 p.m. APPROVAL OF MINUTES The November 15, 2000, meeting minutes were approved as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Ms. McClung reminded the Commissioners of the Volunteer Dinner to be held this Friday, February 23, 2001. The city has received new city codes and each commissioner has been given a copy. Ms. McClung requested the commissioners recycle their old codes. She announced that Greg Fewins has been promoted to Deputy Director and the city is considering a second Deputy Director for the department who would concentrate on economic development. COMMISSION BUSINESS Public Hearing - Allowed Maximum Heights & Other Miscellaneous Code Amendments Chairwoman Kirkpatrick opened the Public Hearing. Ms. Clark gave the staff report. The proposed amendments consist of: 1) a definition for business or vocational school, trade school, and school, and clarification of which zones they would be allowed in; 2) modifying the use zone charts to allow for schools in the Office Park zone; 3) allowing for increased heights for school gyms and other school- related structures; 4) modifying the use zone charts to ensure consistency in height requirements in the Multifamily Residential Zones; and 5) modifying parking requirements for churches to address the wide range of uses associated with churches. Ms. Clark went over the specifics of the proposed amendments and provided the cotnmission with copies of her overheads. Pursuant to the State Environ,nental Policy Act (SEPA), a Determination of Nonsignificance for this proposal was issued on February 3, 2001. The comment period ended February 19, 2001. One comment was received from Jeff Green of the Federal Way School District and was incorporated into the,p~posed amendments. EXHIBIT PAGE_ Planning Commission Page 2 February 21, 2001 The commission inquired if a business that does a lot of training fall into the trade school definition. Ms. Clark replied that the city would research whether the training is an accessory to the main use (business). The code does allow for accessory uses, and in such a case, the business would not be defined as a trade school. The commission discussed the Transportation Management Plan (TMP) proposed to be required of churches for parking. Concerns were raised over whether it would decrease the number of parking spaces and if it would add substantially to the cost of a permit. Ms. Clark responded that a TMP could decrease the number of required parking spaces. TMP's are tailored to each individual project. It is conceivable that one church with a lot of uses (Sunday worship, meetings throughout the week, a school, etc.) may require more parking spaces than the current code states, and other with only Sunday worship may require fewer. A TMP could increase the cost of a larger project, but for a small project, it could be as simple as a paragraph or two. Concern was expressed over the Gene Juarez Beauty School that is located in the City Center Frame (CC-F) zoning district. Which school definition would it fall under? If it is a Trade School, which seems the most likely definition, the proposed amendments will make it nonconforming. The commission does not like the idea of creating a nonconforming use. Staff will research this issue. There was no Public Testimony. Chairwoman Kirkpatrick closed the Public Hearing. It was m/s/c (no nays) to add Trade Schools back to the CC-F zone. There was no discussion. It was m/s/c (no nays) to adopt the staff recommendation as modified. There was no discussion. Public Hearing - Mega-Churches Code Amendments Commissioner Lopes excused herself from this portion of the meeting due to a possible conflict of interest. Chairwoman Kirkpatrick opened the Public Hearing. Consultant Rick Sepler presented the staff report. The proposed amendments add a definition for mega-church, update the definition of church, and add mega-churches to the Business Park (BP) zone. Since the Staff Report was sent to the Planning Commission, staff changed the definition of mega-church to a seating capacity of 1,000, instead of 2,000. Furthermore, addition letters were received. These have been given to the commissioners at this meeting. Mr. Sepler asked the commission to keep in mind that the scope of this amendment is citywide, not property specific. Because the proposed amendments would affect the potential Christian Faith Center (CFC) project, many of the letters (and most likely, much of the testimony) speak to this potential project. The commission is asked to consider CFC only as an example. Pursuant to the State Environmental Policy Act (SEPA), a Determination of Nonsignificance for this proposal was issued on February 3,2001. The comment period ended February 19, 2001. Numerous letters were received. They express their concerns and support of the potential CFC project. They express concern over water quality and wetlands. And they inquire if the city is considering the King County concerns over mega-churches in rural areas. Chairwoman Kirkpatrick opened the Public Testimony. K:~CD Admin Files~PLANCOM'O.0019deering Summary 02-214)l.doc./La~ printed 03/02/2001 02:32 PM PAGE_Z_ 0 F.3.___ Planning Commission Page 3 February 21,2001 Peter Orser, Quadrant, PO Box 130, Bellevue - He commented that it is important to hear about a specific site in order to get an idea of what people propose. He supports the amendment. Churches bring a sense of community and are good neighbors. Traffic would not be too big of a problem because the church traffic would occur at different days and time then commuter traffic. Gil Hulsman, 1001 Shaw Road, Puyallup- He is with Abby Road Development, which is working on the potential CFC project. He provided the commission with a conceptual master plan and conceptual elevations for the potential CFC project. He stated that the site is 50 acres, but that does not tell the whole story. Much of the site would be dedicated to roads, wetlands, buffers, landscaping, sport fields, etc. Only some 45 percent of the site would be buildings and parking (i.e. impervious surface), He remarked that the buildings would be designed similar to office buildings. He asked the commission to keep in mind what churches look like today, and to consider how the contribute to the quality of life. Greg Heath, 2214 Tacoma Road, Puyallup - He is the principle traffic engineer for the potential CFC project. He stated that Federal Way would require a traffic analysis and mitigation. Traffic would be different than that from a business. The potential private school would have larger trip generation, but that can be mitigated. A business use leads to the largest amount of traffic. Morgan Llewellyn, PO Box 902, Kent - He is the real estate broker for CFC and supports the amendment. He commented that one of the aspects he considered when looking for a new site for CFC was where do the people who attend the church live? Most of them live in Federal Way. He stated that the recent Market Study conducted by the city showed that there is a lot of BP land in the area. Federal Way has a 20-year supply, and there is also a lot available in nearby areas, such as the Kent valley. Because of this, the property in question is not being utilized. He remarked that the church is reaching out to the community to address their concerns and issues (they recently met with the Friends of the Hylebos). This is a project Federal Way could be prOud of. Wayne Rankin, 21024 24'hAvenue South, Seattle - He is the CFC financial officer. He stated that the sanctuary would be open to many uses. This would be a safe place for children and youth. The site would house CFC corporate offices and a public bookstore and caf& Sandra Corronza, 4161 A~gusta Drive - She commented that the benefits of a private Christian school include: 1) parents move kids to private schools when they don't do well in public schools; 2) it would provide numerous community service hours; 3) it would draw new people to the area; 4) it would use existing businesses; 5) the level of commitment of parents and teachers produces outstanding students; 6) it would provide public uses; and 7) the early childhood development program would be a safe place for parents to leave younger children. Molly Venske, 21024 24'h Avenue South, Seattle - She is the creative arts director at CFC and supports the amendment. CFC would provide drama, music, dance, and television for the church and community. They offer acting classes and camps and family theater. K:~CD Admin FiI~'I. AHCOblL?001 ~Mee~iug Summary 02-21 -OI.doc/La~ prated 03/02/2001 02::~2 PM Planning Commission Page 4 February 21, 2001 Ray Anderson, 23014 West Edwards - He is a CFC elder who is looking to move to this area and supports the amendment. He is a marriage counselor who focuses on improving communication and feels it would be a benefit to the community to be able to offer this service in Federal Way. Tom Henderson, 147 South 294'n Place - He is a contractor and CFC member who supports the amendment. He stated that this is an opportunity to use empty land, provide jobs, and provide Support for existing businesses. Rob Scott, 1900 SW Campus Drive - He is a CFC youth worker who supports the amendment. He commented that church can be a positive influence on young people by teaching them good values. CFC draws youth from all over the area, not just their school. 'Margaret Nelson, 32904 4'h Avenue SW- She opposes the amendment. One purpose of the BP zoning is to provide a place for taxable businesses. Business taxes helps t? lower private property tax. The city has only about 115 acres of open BP land left. She noted that the chart in the staff report that addresses taxes does not include increases over time. She questioned why a church school would be allowed in the BP zone, but not public school. Ida Pressnall, 35530 52~a South, Auburn - She lives on the West Hill of Auburn and opposes the amendment. She stated that more people would have been at the meeting if there had been better advertising. She commented that the traffic in the area is a mess, and soon there will be a new high school and junior high school in the area generating even more traffic. She objects to the tax base being lost and that the potential CFC project would take of the remaining BP land. Raymond Lawrence, 4314 SW 32ffn Place - He supports the amendment. He commented that he has teenagers and the CFC would provide positive role models for them. Churches provide positive role models and would be positive to the community. Brooke Scheib, 20718 9tn Avenue South - She suPports the a~endment. She stated that as a school counselor, she knows we need resources for families. CFC represents some 50 nations. These people would be part of the community. The church would help families and young people. She commented that it doesn't matter where you build, there will always be traffic problems. We need to look at the larger picture of helping people. Garet Munger, Terra Associates, 12525 Willows Road, Kirkland- He is the CFC wetland consultant and supports the amendment. He showed the commission an aerial photo of the site and indicated the three wetlands on the property. He stated that the site also has tributaries to the Hylebos. He commented that any project would have to address the wetland issues. CFC would have to meet all city regulations and provide mitigation as needed. Their current proposal would create some 6,000 square feet of new wetland. Loretta Morgan, 3202 45'h Avenue NE, Tacoma - She has lived in the neighborhood nine years and opposes the amendment. She requested the commission delay their decision because only a few members of the community are here because they only recently heard of the meeting. She cOmmented that BP zones are located in the most highly congested areas of Federal Way (mega anything would have serious impacts). She has sent the city an e-mail (a copy was provided to the commission)stating her concerns and requested tl~y~l~i~ll~d it.~ PAG Planning Commission Page 5 February 21,2001 She feels the decisional criteria do not support the proposal, specifically, this proposal would not preserve and protect Federal Way's single-family neighborhoods and it would not protect residential areas from impacts of adjacent non-residential areas. Tom Frostad, 2100 South 336'n, R2 - He lives across from the potential CFC site. He stated that the project would adversely affect traffic on 3362. The city already has too much traffic and many four-lane roads. The city should save BP land for tax-based businesses. He commented that the church does not meet the decisional criteria, specifically; it would not protect residential areas from impacts of adjacent non-residential areas. He supports the church, but not in that location. Elizabeth Kari, 2012 South 3 31s' Street - She opposes the amendment. She commented that we should not kid ourselves. The city says this amendment is not project specific, but Federal Way does not have an outstanding need for a mega-church, and if it weren't for CFC, this amendment would not be happening. She stated that a mega-church is not intended to serve a community; it is a destination. She also feels that the amendment does not meet the decisional criteria. It would generate a lot of traffic on Saturday and Sunday. She con~mented that the neighborhoods property values would decline and they would be limited in the enjoyment of their property. The city should consider the needs of the neighborhood. Walt Linburg, 31431 8tn Avenue South - He has lived here for many years and opposes the amendment. The amendment would cause an increase in traffic. It would remove large amounts of taxable property. It would be an additional burden on fire and police protection, with no taxes generated for this service. For a city in need of revenue, it doesn't make sense to remove a taxable source. Glenn Sawyer, 2005 South 331s' Street - He opposes the amendment. He feels it violates the mission statement of the Department of Community Development Services, which states in part, "...to help maintain and improve the quality of life in Federal Way by managing and' fostering the safe, orderly and beneficial development and implementation of land use, building construction, code enforcement, neighborhood development and human services programs..." He asked, "What good is a comp plan if you keep bending the rules'/" He commented that on one side of him, a radio station with 10 employees is being told to leave, but on the other we are planning a large church. It would add pollution to Hylebos creek by runoff from the roads and parking lot. He also commented that there is not enough infrastructure to support the traffic and it would add to the noise. Martin Durkan, 330 SW 43~a Street, Renton - He supports the amendment. He commented that there is a resurgence of all types of religion in the US, and churches are having problems finding enough urban land. The issues raised tonight are all valuable and he asked people to remember that this is just the beginning ora long process. He stated that if you can't mitigate, you can't build. He also stated that public schools are located in areas where private schools are not allowed. Rick BrasSfield, 1639 South MO'n, Suites A & B - He stated that he is in agreement with much of what the City Council has done over the years. He has been a business owner in the area for 20 years. He feels a church would bring more people in and increase business. He stated that there is a lot of space in Federal Way that can be used. PAG CF? K:gl} A-d~ia fil~q..A~lCOlv~200 BMe~Ii~-~ S~mv/02-ll-01.doc/t~ inim~d 03/02/2001 02:32 PM -- Planning Commission Page 6 February 21,2001 Marv Smith, 1039 South 310'~, Suites A & B - He has lived and owned a business in Federal Way for 24 years. He commented that traffic seems to be a moot point because both a church and a business would bring increased traffic. It seems a church would have more open space (i.e. a ballfield). He feels it would bring in business. Maxine Ranta, 29829 8'h Avenue SW- She stated that we are not here to decide if CFC would be a good neighbor. Traffic is a concern. A school with a church is not an accessory use. It would be busy all the time. Chairwoman Kirkpatrick closed the Public Testimony. Phil Olbrechts noted that currently, a mega-church could locate anywhere a church or school is allowed. This amendment would limit them to the BP zone. He remarked that in other s~tes, the courts have said that jurisdictions cannot deny a church because it won't be taxed. Given the climate in this state, he feels it is likely that should the issue go to trial here, the courts would rule the same. He reiterated that while the public is welcome to comment on potential projects, this is a citywide amendment and the commission needs to consider the city as a whole, not a particular project. The commission had numerous questions and concerns. One concern was allowing a private school in a zone where public schools are not allowed. Staff commented that a school could be allowed as an accessory use to a church. The commission also expressed concern over traffic. Rick Perez commented that any development would have to provide a traffic study that would determine what improvements would need to be done to mitigate the traffic. Such improvement would probably consist of at least ~ street improvements, including curb, gutter, sidewalk, and street trees. It was m/s/c to continue the Public Hearing to March 7, 2001, at 7:00 p.m. in the City Hall Council Chambers. It was m/s/c to extend the meeting for 10 minutes. To address their concerns, the commission has requested staffto prepare the following analysis and locate the folloWing materials: Determine ifa study is available which documents the "spin off' economic benefits for a community from a mega church. Redmond, Washington and other jurisdictions with experience in this area should be contacted. 2. Determine the number of employees that a typical mega church would employ on-site. Prepare a comparison matrix which summarizes the differences and similarities (bulk, dimensional, coverage, parking, trip generation, etc.) and relative impacts of typical uses occurring within a Business Park (BP) zoning district and the potential establishment of a mega church in the same designation. 4. Provide an illustrative map that identifies vacant parcels located within the BP zoning districts. The map should als~ identify vacant 50-acre sites located in other zoning districts that currently allow for churches. .... PAGE gED Admi~ Filc~I~L.A~q(X)M'~OO I ~l~ia8 ~ 02-21-01.4oe,~laa f6ll~103/02/'2001 02~2 ~ Planning Commission Page 7 February 21,2001 Prepare an analysis of the relative financial impact on the provision of public services (police, fire, emergency services) from a mega church as compared to development facilitated under BP zoning. ADDITIONAL BUSINESS Ms. McClung asked the commissioners to stay a few minutes after the meeting so she could obtain pictures for the upcoming volunteer dinner. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 10:07 p.m. EXHI .,"" 'b PAG K:V~D Admin F'desWLANC~OM'~01 ~Mee6ng .~ommaty 02-21-0 I.doc/t.a~ printed 03/(Y2/200 ! 02:32 PM MEETING DATE: March 20, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Amended Sprint BPA Tower Wireless Site Lease/14~ Avenue Way SW CATEGORY: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: February 22, 2001 Memorandum from City Attorney Bob C. Sterbank to Finance, Economic Development and Regional Affairs Committee, Draft Ordinance Amending Ordinance 99-359, and Draft Site Lease Agreement. SUMMARY/BACKGROUND: Sprint Spectrum previously received City Council approval to lease City property for purposes of installation ora wirele~acility on and beneath a BPA Tower located adjacent to 14~ Way SW. Sprint also previously rec~i~ed a franchise from the City Council, in Ordinance No. 99-359, to install conduit containing power and fiber optic cabling within the City rights-of-way at S. 320t~ Street, and the intersection of S. 324th Street and SR 99, to connect other Sprint wireless antennae on BPA towers to the power system and switched telephone network. When Sprint received its site lease approval for the BPA tower installation adjacent to 14th Way SW, it did not request or receive approval to install power/fiber conduit along the BPA corridor or within 12~ Avenue SW necessary to connect the wireless antennae to the ~ower system and telephone network. Spriht has requested such authorization, which requires minor amendments to the site lease and franchise ordinance, and submission of additional drawings depicting the new installation. CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance, Economic Development and Regional Affairs Committee voted on February 28, 2001 to forward the proposed franchise and site lease amendments to full Council with a "do pass" recommendation. CITY MANAGER RECOMMENDATION: Motion to forward Ordinance amending Ordinance No. 99-359 and Amended Site Lease to second reading. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CL 'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 99-359 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO SPRINT SPECTRUM, L.P., A DELAWARE LIMITED PARTNERSHIP, TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATION CABLE WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Sprint Spectrum, L.P., a Delaware limited partnership ("Sprint Spectrum"), is the owner of wireless telecommunications antennae located on Bonneville Power Administration ("BPA") towers located north of South 320th Street and east of Interstate 5, and at the corner of S. 324th Street and Pacific Highway South (SR 99) in Federal Way; and WHEREAS, the City Council on December 7, 1999 adopted Ordinance No. 99-359, granting Sprint a franchise for installation ofundergroundeo~iduit containing power and fiber optic cable within specific City rights-of-way, in order to connect Sprint's wireless antennae to the power system and switched telephone network; and WHEREAS Sprint has entered into a Site Lease Agreement dated January 2, 2001 with the City for installation of additional wireless antennae on a BPA tower located northeast of 14a~ Way SW; and WHEREAS, Sprint wishes to amend the franchise adopted in OrdinanceNo. 99-359, to permit it to install underground conduit containing power and fiber optic cable within the right-of- ORD # , PAGE 1 way of 12t~ Avenue SW, in order to connect Sprint's wireless antennae to be located northeast of 14th Way SW to the power system and switched telephone network; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to amend such franchise, in order to permit Sprint's installation within 12th Avenue SW and to clarify the rights and duties of Sprint Spectrum; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmissionofsignals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Franchise Contained in Ordinance No. 99-359 A. Section 1.6 of Ordinance No. 99-359 is hereby amended to read as follows: · 1.4 "Facilities" means an underground fiber optic telecommunication line, and any appurtenances necessary to connect the line to the US West switched telephone network, as specifically depicted in such plans approved by the City of Federal Way Public Works Director as part of the issuance of a right-of-way use permit or other approval. B. Section 1.6 of Ordinance No. 99-359 is hereby amended to read as follows: 1.6 'iFranchise Area" means only that portion of the South 320~ Street, S. 324~' Street, and/er SR 99, and 12th Avenue SW rights-of-way located in the City of Federal Way and shown in ORD # , PAGE 2 Exhibit A attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated' into this Ordinance via amendment. Exhibit A is amended by the addition of site plan attached as Exhibit A hereto. C. Secti.Qn 5.1 of Ordinance No. 99-359 is hereby amended to read as follows: 5.1 Location. The fiber optic line permitted by this Franchise shall be installed underground, in a location determined by the Director as part of the issuance of a right-of-way use permit or other construction approval. The location of the Facilities, including the underground Facilities and appurtenances, their depths below surface of ground or grade of a right-of-way, and any related existing equipment (such as cellular antennae) to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. D. Section 8 of Ordinance No. 99-359 is hereby amended to read as follows: Franchisee shall not utilize open cut or open trench construction methods for installing Facilities, unless: (1) required by an emergency; or (2) unless boring is not technically feasible and permission is first obtained from the Director of Public Works. In the event that Franchisee utilizes open cut or open trench construction methods, :l:_the Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not with in a driving lane, must also be ORD # , PAGE 3 patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. As part of final surface restoration, Franchisee shall install new asph.alt overlay for a minimum distance of 300 feet from the cut or trench on both sides of the cut or trench (i.e., a total distance of 600 feet), unless a shorter distance is approved by the Director. In the event that the City adopts a street or pavement degradation fee by ordinance, at the option of the City, Franchisee shall pay such fee in lieu of installing the new asphalt overlay required by this Section. ck,~ll ;nc.t.~ll ha.., .-,onh,,lt ,-,.,,..~-1.~,, ,-x.-...,~., ot,.,:.,at tl-,.-,t lc, ~r,,..r, ,-.~t ..,h,~th,-.- ir..~ ,..m,~,-,-r,:.n,-~, Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. Section 2. Remainder of Franchise Ordinance Un~ffec~ed Except a8 amended in Section ! above, the remainder of Ordinance No. 99-'359 shall be unaffected, and ils provisions shall remain in full force and effect. Section 3. $ever~bili~.y If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall ORD # , PAGE 4 not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 4. Ratification Any act consistent, with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. PASSED by the City Council of the City of Federal Way this ,2001. day of CITY OF FEDERAL WAY ATTEST: 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:\telecomksprintamendfrn.doc ORD # , PAGE 5 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the Franchise as amended above, and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditionx and obligations contained above and in Ordinance No. 99-359. DATED this __ day of ,2001. SPRINT SPECTRUM By: Its: ORD # , PAGE 6 ~E~:'425-89S-1441 P. 012 MAR. -13' 01 (TUE) 16:58 MAR. t4.2001 8:23AM NO. 1355 P. 12 ACCEPTANCE: The undecaigned hereby ac~pta all the fights and privil~ge~ of the Franchise as amended above, and acknowledg~ that such rights and privilege;s ~e subject to and limited by all of the terms, conditions and obligations contained above and in Ordinane~ No. 99-359. DATED this day of ., 2001. s ,m r sP crauM Spflnt 9p~:tmm L.P. Site Development Director ORD #_ , PAGE 6 / ,/ / I $i'i ~ PLAN · " I _=iL..~. HI I II-~-i!i--=l ' I ~o' ,-~ TO 12' TYPICAL CONDUIT TRENCH ~ 3 EXHIBIT "A" i I ! ! .: i 8 : /':ix' ! TYPICAL CONDUIT TRENCH ~ 4 I> ENI SITE LEASE AMENDMENT AGREEMENT THIS SITE LEASE AMENDMENT AGREEMENT is entered into this __ day of ., 2001, by and between the CITY OF FEDERAL WAY, WASHINGTON, a municipal corporation (hereinafter "City") and SPRINT SPECTRUM L.P., a Delaware limited partnership, with its principal office located at 4683 Chabot Drive, Suite 100, Pleasanton, California 94588 (hereinafter "Tenant"). On January 2, 2001, City and Tenant entered into a Site Lease Agreement, whereby Tenant leased from City space on and air-space above City-owned property, for installation and operation of certain telephony wireless communications service, including wireless telephone antennae and seven (7) equipment cabinets. Paragraph 27(b) of the Site Lease Agreement provides that any modification or amendment to the Site Lease Agreement must be in writing and signed by both parties. Tenant and City wish to amend the January 2, 2001 Site Lease Agreement to include within the portion of the leased property space for installation of underground conduit containing power and fiber optic cable to connect Tenant's Equipment to the power system and switched telephone network. Therefore, in consideration of their mutual covenants, the parties agree that the January 2, 2001 Site Lease Agreement shall be amended as follows: 1. Unnumbered First Paragraph Amended The first, unnumbered paragraph, page 1, shall be amended as follows: ':' - City is the owner in fee simple of public open space located in the City legally described on the attached Exhibit A ("City Property "). Tenant desires to lease space on and air-space above the City Property, as described below, for the installation and operation of certain equipment which include antennas, connecting cables and seven (7) equipment cabinets to be used by Tenant and appurtenances (collectively, "Equipment") for use in connection with its operation of telephony wireless communications service more specifically identified as personal communications service ("PCS"). Tenant also desires to lease space under the City Property, as described below, for the installation of undemround conduit containing power and fiber optic cable to connect Tenant's Equipment to the power system and switched telephone network. 2. Exhibits B and C Amended The drawings attached hereto shall be added to, and be considered part of, Exhibits B and C attached to and referenced in Paragraph 1 of the January 2, 2001 Site Lease Agreement. 3. Remainder of Site Lease Agreement Unaffected The remainder of the January 2, 2001 Site Lease Agreement, including any provision not specifically referenced or amended herein, shall be unaffected and shall remain in full force and effect. -1- This Amendment to Site Lease Agreement was executed as of the date first set forth above. CITY OF FEDERAL WAY SPRINT SPECTRUM L.P., by By: Its Managing General Partner David H. Mooeley Its: City Manager By: Title: APPROVED AS TO FORM: Bob C. Sterbank, City Attorney -2- MAR. 15.2001 1'33AM N0.1374 P. 3 This Amendment to Sito Lease Agreement was executed as of the date first set forth above. CITY OF FEDERAL WAY SPRINT SPECTRUlVX L.P., By:. David H. Md~eley Its: City Manager APPROVED AS TO FORM: Sprint Spectrum L.~', Title: George Ghantous Site Development Director Bob C. Sterbank, City Attorney -2- MAR. 15.2001 1:33AM N0.1374 P. 4 STATE OF ) On th~ da, y~personally appeared before me, the undersigned, a l~t~ary Publi, q i.n an4 for _ the State of {_.~/f'~f'~ft~}' , duly commissioned anc,[,s.~oji~,- . ..~ -.g~. .': .... , to me known to be of the Managing General Partner of Sprint Spectrum L.P., the Delaware Ii/mired l~ar[nership' that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and dcexl of said partnership, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said partnership. GIVEN my hand and official seal this _0~ day of. d-- ' (typed/printed name of n~a~)_ ' Notary Public in and for th~ State o.f My commission expires: t, ,7- 0 / STATE OF WASHINGTON ) COUNTY OF KING ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the _City Manager of the City of Federal Way, the Washington municipal corporation that executed the foregoing insW,ment, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this __ day of ..., 2000. K:\telecomL~prin~itclsc2.doc (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: -3- AMENDED EXHIBIT B Site Location Within the Premises The attached drawing shall be added to and become part of Exhibit B to the January 2, 2001 Site Lease Agreement. B-1 AMENDED EXItlBIT C Site Plan (Including Location of Equipment Boxes) The following drawing shall bc added to and become part of Exhibit C to the January 2, 2001 Site Lease Agreement. C-1 /* / / j. / / / / ./ S~ ~ PLAN CO~',~CIF..~ BAOC2riLL 't11_ TYPICAL CONDUIT TRENCH J--~ 4 SYMBOL: