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Council PKT 03-21-2000 Special/Regular City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Linda Kochmar Michael Hellickson Dean McColgan Mary Gates Phil Watkins CITY MANAGER David H. Moseley Office of the City Clerk March 21, 2000 f -,,:--, ~ I. TI. ill. I. II. III. a. b. c. d. IV. ~"M"~'¡" "!f'i(., i.iL' AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall March 21, 2000 (www.ci.federal-way.wa.us) ***** SPECIAL/STUDY SESSION - 6:00 p.m. CALL MEETING TO ORDER STAFF REPORT SeaTac Part 150 Study/Flight Track Recommendations ADJOURNMENT ***** REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation/Sister City of Tonghae 20th Anniversary of Incorporation Proclamation/Boys & Girls Club lOath Birthday 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. Citizens may address City Council at this time. When recognized hy the Mayor, please come forward to the podium, adjust the microphone to proper height, and slat/' your name aud address for the record. PLEASE LIMIT YOUR REMARKS TO THREE ß) MINUTES. TIle Mayor lIIay illlerl'llpt citizen comments that continlle too long, relate negati,'ely to other individuals, or are otherwise inappropriate. \ over please. . . ---""'- ,---'... -'-"" ""-"'--~'" " -\"', ¡-" " , ",1., , ~(,~ \' . XI. ADJOURNMENT .. TIlE COUNCIL MA Y ADD AND.TAKE ACTION ON OTHER ITEMS NOT LISTED ON TIlE AGENDA .. \ DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES March 10, 2000 TO: Mayor Park and City Council Members FR: Greg Fe#. Principal Planner VIA: David Moseley, City Manager RE: March 21, 2000 City Council Study Session: Seattle-Tacoma International Airport Part 150 Noise Study,' Part 150 Committee Recommendations on Flight Track Modifications PURPOSE OF BRIEFING 1. Brief City Council members on emerging Part 150 Noise Study Advisory Committee recommendations for flight track modifications. 2. Present recommendations for City Council consideration on the proposed flight track modifications. BACKGROUND APart 150 Noise Study ("study") evaluates aircraft noise and land use measures intended to alleviate noise impacts in surrounding communities. The study is guided by Federal Aviation Administration ("FAA") regulations. Completing the study provides Seattle-Tacoma International Airport ("SeaTac") with eligibility for federal funds to complete noise mitigation projects. The study deals only with the current two-runway airport and does not consider noise impacts ftom a third runway. The third runway will be addressed in subsequent studies. A variety of recommendations are beginning to emerge ftom the study related to: sound attenuation for multiple family and mobile homes; changing the noise remedy boundary; modifications to approach transition zones; and, modifications to flight tracks. This briefing will focus specifically on recommendations emerging on flight tracks modifications as they relate to Federal Way. Flight track alternatives have been developed by means of an interactive process involving commwúty and technical participants serving on a Part 150 Study Advisory Committee, FAA, Port of Seattle ("POS") and its consultants. Lloyd Docter has been appointed as Federal Way's citizen representative to the Citizen's Advisory Committee and Greg Fewins serves on the Technical Advisory Committee. Together, these Committee's constitute the Study Advisory Committee referenced in this memorandum. Prior to 1990, aircraft from SeaTac departed to the south in a dispersed or scatter pattern (refer to exhibit A). Following the FAA's implementation of the "four post pattern" in 1990, departing aircraft are now directed into more confined flight tracks (refer to exhibit B). This resulted in concentrations of departing aircraft over Federal Way's most densely populated residential areas (e.g. 320th Street corridor). The city has been working with FAA and POS staff for a number of years to evaluate potential modifications to the four-post pattern to reduce impacts on Federal Way area residents. The issue was eventually deferred to the Part 150 study. FAA is ultimately responsible to implement any changes to flight tracks. KEY TERMS This memorandum refers to a variety of terminology and a series of attached map and graphic exhibits. These exhibits reflect complex modeling results and without explanation may be difficult to decipher. At the March 21 study session, staffwill walk through an explanation of each exhibit. There are a number of methods to evaluate and graphically depict aircraft noise impacts. The following methodologies are depicted on the enclosed exhibits as referenced in the section titled 'Study Advisory Committee Recommendations'. A brief definition of each methodology is provided to assist you in understanding the resulting impacts of the Advisory Committee recommendations. Day/Night Level (ttDNL "): Represents the 24-hour annual average noise level. Single Event Sound Exposure Level ("SEL "): Describes the noise produced by one flight. This data is used to predict areas encountering sleep interference. Time Above (ttTA "): Expresses the number of minutes above a certain noise level an area experiences. This data is used as an indicator of areas of speech interference. For each of these methodologies, noise impacts are depicted at various decibel levels resulting in a noise contour map. As a point of reference, 80 decibels is equivalent to noise from a hair dryer, 70 decibels is equivalent to freeway traffic and 60 decibels is equivalent to conversation levels. STUDY ADVISORY COMMITTEE RECOMMENDATIONS There are two principal Study Advisory Committee recommendations on modifications to south flow flight tracks. The alternative recommendations are described as two-track and three-track proposals. The two-track proposal separates a portion of south and eastbound flights from the Pacific Highway corridor and directs them over the Kent! Auburn Valley. The three-track proposal includes the two- track recommendation and separates a portion of south, west and northbound flights from the Pacific Highway corridor and directs them over Des Moines and Puget Sound (refer to exhibit C). For comparison purposes, the attached exhibits D, F and H depict the two-track proposal showing DNL, SEL and TA, and exhibits E, G and I depict the same for the three-track proposal. Focusing only on impacts to the city and the city's potential annexation areas, using the DNL methodology, noise impacts above 65 DNL are eliminated within the city and potential annexation area for both the two and three-track proposals. Using the 85 SEL contour, two-track impacts are slightly increased within the city and the city's potential annexation area. The three-track alternative significantly expands the 85 SEL contour north of the city over Puget Sound. Using the 10 minute TA 65 contour, impacts within the city are significantly reduced, however impacts to the city's potential annexation area are slightly increased. The three-track alternative increases 10 minute T A 65 contour impacts over Puget Sound. STAFF RECOMMENDATION Following review of the Part 150 Study Advisory Committee recommendations by POS staff: a public hearing will be scheduled on the study in late spring or early summer. The city has an opportunity beginning now through the public hearing to provide the POS with comments and direction on the proposed flight track modifications. The following outlines potential recommendations on the proposed modifications: 1. 2. 3. 4. Take no action; Support the proposed Part 150 Study recommendations; Oppose the proposed Part 150 Study recommendations; Present city recommendations on alternative flight track recommendation) . modifications (staff Attached is a draft resolution for City Council consideration. The resolution supports the need for modifications to flight tracks but identifies preferable flight track alignments (recommendation 4 above). These alternative flight track alignments would further reduce impacts to the city and P AA, while minimizing impacts to adjacent jurisdictions. An explanation of the details of this resolution will be provided at the City Council study session. EXHIBITS A B C D E F G H I J March 22, 1989 South Flow Flight Track Plot June 30, 1993 South Flow Flight Track Plot Summary of Flight Track Alternatives. Two-Track Annual 65 DNL Contour Three-Track Annual 65 DNL Contour Two-Track 85 SEL Contour Three- Track 85 SEL Contour Two-Track 10 Minute T A 65 Contour Three-Track 10 Minute T A 65 Contour Draft Resolution dI6:plrtISOmemo.wp I .~ I~ i~~~~ ~ "JIj I ~~\e ir 1:1 ~ " r"J ~ I' ~ r.o-,. - ~~ ~~ I~'í , -- \ ~ ./J . , : , ~'pIJ ~ ,1 ft.. 'L L ~ J ~~.,~ ~~' 0_' ,~ ,¡ Wí t'G'i. ~' I ' j rJ ~11'1~ - I ':01 H'í '-+ r~I\:. . ~ -7' if iI ~ . ~I :, U" .I{.. UA1 ~ ,*":1~'f¡-.~ '.... ~W l \ ït'-.' 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" ;.:.~ , " \'h";, 11;:,' " ",.' ....Ò. ,)ro, -¡ ',Aft,'\ ~ ,~~~ -","'-:,"'~:,~""::'~;"""'i ::1'ft~i1i:?~: '~'!!'1ltj¥, , 'OJ",',' :.:':;:1 \ ' ><:',;'.;,:tlt r\.:i , "I~I' . E""'~i(HIBIT A IVJ. , .. ) P AGE 1 OF' "'..'" ::?' it\~\1~~~~~~\ 1,: if~ ~~ ~ .~~ ~~~ ~ w~ . Á/,,~ 6 r-- ~.~ ;\,. ~-- -~~ .; M .~ ~ :-- K ~~ ~I<' '\::: ) - ~ ~ ~ ~~ ~ ~ ~ ,- A ~ ( " --k ~~~'", ~. =Ñ ~ ~,I)),~? ] h' ~~ '~ J rJ ' r:: . -. ) .. ,,~.: ~\;' /, j ~ \f\ ~ ~ - . H' t ,/' I ~ . í~ (J - . . \ ~y-: \ ~ ~ . ~ I 1\ u~ ~) Z ¡ ¡ V 8 . "1.t~/'O I ~~ , x: I IS.' .~ 0 ~ ~: . '\.J y ~ ~. y .. ~: ~~'\ ~ "" J'. . . ~.] ; , °v~ L} '( ~ ~ 'f ( 0 t ~ , ~ N VI ' ,'" " '. LI ~ R . f- ~ I ~ ~~~I:~,~ ~~ ß ~ ~ \ )~ ' ~~~ 'o.~r --n g<rA ~\~\\~ " ~ j ~./ ~ "'- '\. ~~ \'\ "~ I ~~-. ~ ~ .::- .. ~ )"- / ,,/L' Ii Y) ---- ~ ~ -,r - ~-y/ ~. " - - '" ' - ~ ~~ 1'\' ,U ~ ~~ '" ~\ ~ \U<. . ,"" ~ ~ ~ "'\" ::.:;;..-- <~ ~" ~ ~ ' Ì-ï~, , \ ~ ~ EXHIBIT . 1? 5ouw ~ ft~"Í ~ PLcr .. "- -- PAGE-J OF--L.: J u,.,w 301 r." 3 - ;g~ (i):I: m- al 1- .::¡ ~I~ ~- Summary of Flight Track Alternatives RevIsed 11/29/99 SOUTH FLOW JET TRACKS exIstIng South Flow Tracks South Flow Two Tracks 1II.20.A South Flow Three Tracks 111.20.8 .~ The Barnard Dunkelberg & Company Team ~ ~ ~. 07 ~ §: -n Õ ~ S 277T1i ST :;::::::::;::,' ,:p:;.::,v ;@F¡ill~:; SE 43RO ST S 212T1i ST II) ~ ~ 82 ~ i IT c. :;11 EXHI PAGE ,. f:1::: Nor1h 6000 ..... 'ill .- 111.20 A-2 C Compartson of ExIstIng CondIUons Annual 6S DNL and T\W Track DIspersIon South Row Annual 6S DNL . . i ÑfI8 No longer Nledied by Two TnICk DispersIon Scd1 Row Annu8I65 DNl Addition8I ÑfI8 Nledied by Two TnICk DispersIon Scd1 Row Annu8I65 DNL .::"" ExIsting Conditions Annual 65 DNL . 0 6000 12000 Feet 9 OF I Seattle- Tacoma FAR Part 150 Study Updafø The Barnard Dunkelberg & Company Team ») . '; ~ST ,.:.:. \;,'Õ¡ North 6000 ~ 0 !S ~: ø . . ". ::~: -<,; :i.@IliT¡P~! EXHIBIT PAGE" ,.' 6000 12000 Feet . 111.20 B-2 C ComparIson of EXIstIng CondiUons Annual 651;)NL and Three Track DIspeIsIon South Row Annual 65 DNL I hea No I..onger Aft'ectød by 'I'Ine TRICk DispGion SouCh Row AnrU1165 DNl Adcition8I hea Aft'ectød by 'I'Ine TRICk DispGion SouCh Row ~ 65 DNl 1m. ExIsting Conditions Annual 65 DNl ... l:! ø 6 21lTH ST ., ~ ~ 62<40TI- ~ I 6 277ni ST ~ Fr , Seattle- Tacoma FAR Part 150 Study Updafø >~ The Barnard Dunkelberg & Company Team . .......... ¡ C \ , 0 1 0000 20000 Feet 'iiii8iiii i ¡;;¡¡' CoqJarIson of ExlsUng Southerly 85 sa. Contour and Two Track DIspersIon 85 sa. Contour I kea No l.Cqer Aft'ected by Two TI8Ck DisperIIon 85 sa MitionaI kea Aft'ected by Two TI'8CIc: DispersIon 85 sa ;;;;; Bdsting Concfdions SouCheIfy 85 sa. Confour North 1 0000 .i...i 111.20 A-3 C . Seattle- Tacoma FAR Part 150 SCUdy Update ») The Barnard Dunkelberg & Company Team . . North. 1 0000 .i-i 111.20 B-3 C 0 1 0000 I CorqJartson of edstIng Southerty 85 sa. and 'I1uæ Track DIspersIon 85 sa.. Ihea No I.onger Affected by Three T nICk Dispersion 85 sa MItionaIIfta Affected by Three T nICk Dispersion 85 sa :F ~ Conditions SouIherIy 85 sa ConCour Feet ., ."""aT . 11 i . I , Seattle- Tacoma FAR Part 150 Study Update ») The Barnard Dunkelberg & Company Team ..", I BIT H E-LOF l ............. . ............ . ............ . """""" . ............. ............. ............. ............ . ............ ............ ............ ............ ............ ........... . ........... . .......... . ........... ......... . North 1 0000 .&...i 111.20 A4 C 0 ¡¡¡¡¡¡¡¡ - CoqJartson of ExIsting SoutheIty :10 Mnute TA 65 Contour and TM» Track DispersIon :10 Mnute TA 65 Contour I Ñe8 No I..onger AIrøctød by Two Track DispeI$Ion 1 0 Minutø T A 65 Contour ~ Ñe8 AIrøctød by Two Trac:k DispersIon 10 Minute TA 65 Contour ;E': ExIsting Conditions SouIheIty T A 65 Contour . Seattle- Tacoma FAR Part 150 Study Updatø )) The Barnard Dunkelberg & Company Team .. ."""IT ..,,::, ::::,:' ,.,.:, :;:::;':"; ::;,;::,::;::. ¡m¡» ( i ~ "\HH¡~~ \~:t ............. ............. ............. ............. ............. .............. ............. ............' .......... EXHIBI PAGE' :e. OF L ............. ............ ........... ........... ........... ........... ........... .......... .......... North 1 0000 ~ 0 10000 ;;;;;; l Compartson of ExIstIng Southerly :ID Mnute TA 65 Contour and Three Track DIspersIon :ID Mnute fA 6S Contour I hea No Longer Nfected by'Tt1Ne Tntc:k DispersIon 10 MinuIie TA 65 Con6our AddiIionaI hea Nfected by 1'hnIe T ntc:k DispersIon 1 0 Minuœ T A 65 Con6our :::¡; ExIsting Conditions SouCheIty T A 65 Con6our 20000 Feet 111.20 B4 C Seattle- Tacoma . FAR Part 150 Study Update DR AFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REQUESTING PORT OF SEATTLE AND FEDERAL AVIATION ADMINISTRATION ACTION ON MODIFICATIONS TO EXISTING SOUTHBOUND TAKEOFF FLIGHT TRACKS FROM SEA TTLE- TACOMA INTERNATIONAL AIRPORT. WHEREAS, the Port of Seattle is conducting a noise evaluation under Federal Aviation Administration ("FAA") regulations, to evaluate aircraft noise and possible measures to alleviate it; and WHEREAS, this evaluation, known as a Part 150 evaluation, has resulted in a series of preliminary recommendations, including recommendations pertaining to sound attenuation for multiple family and mobile homes, modifications to aircraft approach transition zones, and changes to aircraft takeoff flight tracks; and WHEREAS, there are several alternative preliminary recommendations concerning modifications of takeoff flight tracks from Seattle-Tacoma International Airport ("SeaTac"), including a "two track" and a "three track" alternative; and WHEREAS, the City of Federal Way believes that communities should not be protected from aircraft noise at the expense of other communities, upon whom the noise is concentrated; and WHEREAS, some of the preliminary recommendations from Part 150 Study appear to demonstrate that modifying the existing southbound flight tracks from can substantially decrease ,Pagel EXHIBIT. J ~ P A G E...L OF Res. # DR AFT noise from existing flight patters over the City of Federal Way, without resulting in substantial noise increases in other communities; and - WHEREAS, the Federal Way City Council wishes to express its preference for such alternative flight track modifications that accomplish this purpose; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Citv of Federal Way. Flight Track Modification Preferences. The City of Federal Way prefers that flight tracks departing SeaTac Airport in a southbound direction be modified from the current "four post" pattern as follows: A. The"Elma" departure should be modified to direct planes to turn west at 2 DME, and then fly southwesterly over Puget Sound, north of the City of Federal Way, rather than turning at 5 DME and flying due west along S. 320th Street directly over the City of Federal Way. B. The "Mountain" departure should be modified to direct planes to follow an angled departure over the Kent Valley, before turning east bound, rather than turning at 5 DME east along S. 320th Street. C. A new, late night track for 747s flying to Asia should be created. This new track should be routed south and west following the 1-5 corridor, then turning west and/or north only over the Port of Tacoma, rather than flying along S. 320th Street directly over the western half of the City of Federal Way. D. Modified departure flight tracks should be specified by fixed orientation points, rather than solely according to elevation, to reduce the possibility of stray aircraft and/or human error. Res. # -' Page 2 DRAFT Section 2. Requested Port of Seattle and Federal Aviation Administration Action. The City of Federal Way requests that the Port of Seattle seek authorization for the flight track changes outlined in Section I above from the FAA, and that the Port pursue such authorization with all available resources. The City of Federal Way also requests that the FAA promptly grant such authorization. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2000. CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Res. # -' Page 3 DR AFT APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. . k:\reso\pt 150 Res. # -' Page 4 MEETING DA TE:March 21, 2000 ITEM# :JL.' (á- ) ..............................................................................,........................................................................................................................ ............................................. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES ..........................................................................................................""""""""""""-'".............................................................................. ................................ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ................................................................................................,......................................................,............................................... ............................................. ATTACHMENTS: Minutes for March 7, 2000 regular meeting ...........................,......................................................................,.................................................................................................... ............................................. SUMMARY /BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. ...............,....................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: nfa ..........................................................................................................................................................................""""""""""""""""""""""""""'". .................. CITY MANAGER RECOMMENDATION: Motion to approve official minutes. ..,................................................................................................................."""""""""""""""""""""""""""................,....................................... .................. APPROVED FOR PACKET. /:7 USION IN COUNCIL (BELOW TO BE COMPLETED BY CIlY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I: \COVER. CLERK-J/7/00 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall March 7, 2000 - 7:00 .p.m. ; OR~f1 MINUTES I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:02 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan and Phil Watkins. City staff present: City Manager David Moseley, City Attorney Londi Lindell and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Boy Scout Troop #329 led the flag salute. III. PRESENT A TIONS a. SPIRIT A ward/Month of March City Manager David Moseley presented the SPIRIT A ward for the month of March to Kim Hensley, Gretchen Sund, Shirley Muench, Sara Troupe and Darlene Deyo, Data Entry Specialists for the Public Safety Department. The group was chosen for the SPIRIT A ward based on their Service to the Public Safety Department, Pride in a job well done, Integrity by being reliable, Responsibility for the tasks they complete each day, Innovation in showing the best method of completing tasks, and being an integral part of the Records Unit Team. b. Proclamation/Community Literacy Celebration Deputy Mayor Kochmar presented the proclamation for the "Community Literacy Celebration" to Debbie McGee, Community Relations Manager for Capital One; she accepted on behalf of the community literacy program "Open Books - Open Minds", being celebrated during the month of March. She thanked the city and Council members for their support of this project, and encouraged everyone to participate in this very important literacy program. Federal Way City Council Regular Meeting Minutes March 7, 2000 - Page 2 c. City Manager/Introduction of New City Employees City Manager David Moseley announced following new employees have recently joined the city: Annette Brown, a new Public Safety Officer; Charles Liska, a lateral position Public Safety Officer; Lynnette Allen, an Administrative Assistant II in the Public Safety Department; and Steve Manske, a temporary part-time employee with the Community Development Department. d. City Manager/Emerging Issues City Manager Moseley asked Neighborhood Specialist Ed Swan to brief the Council, staff and citizens on the importance of the upcoming "Census 2000" program. IV. CITIZEN COMMENT Mary Ehlis, thanked the city for its continued support of the Annual Family Fest; this year will represent the festival's 12th annual event, and will be held August 25 - 27. Lorene Fortini, representing the Centerstage Board of Directors, thanked the Council and the Arts Commission for funding their organization in 2000. Nancy Ise thanked the Council for their positive attitude toward the arts, and expressed her appreciation of their support in making the City of Federal Way known for its cultural programs. Ludwig Suju, on behalf of Aria Dance Company, thanked Council and the Arts Commission for their generous support during the year 2000. Betty Huff, President of the Federal Way Symphony, expressed appreciation to the Council and the Arts Commission for their continued support during the 2000 Contract for Services; she said arts provides a positive image of our city. Joan Tabrum, representing the Federal Way Chorale, thanked the Council and Arts Commission for their 2000 Contract for Services funding. Mary McDonald, of the Puget Sound Musical Theatre, also thanked Council for their continued support; the 2000 funding has enabled the theatre to begin its 19th season. Katie Grimes,Katie Nelson, Korri Shimizu. Laura Grimes and Lisa Grimes, representing Girl Scout Troop #462, spoke in opposistion to the proposed batting cage location at Celebration Park. Charles Conen, Bernard Mottershead and Randy Neighbors, spoke in opposition to the proposed Silverwood and Rosewood plats, and expressed their concerns of water run-off from the developments. Federal Way City Council Regular Meeting Minutes March 7, 2000 - Page 3 Denny Lensegrav, representing Puget Sound Energy, briefly explained PSE's upcoming programs soon be available to the community; he distributed informational brochures to Council. Bob Couper, of Lloyd Enterprises, spoke in support of the revised Council Bill #244, which increases the proposed daily truck trip limit within the city. V. a. b. c. d, e. f. g. h. 1. J. k. 1. CONSENT AGENDA Minutes/February 15. 2000 Regular Meeting - Approved Vouchers/March 7. 2000 - Approved 1999 Final Financial Report - Approved Council Bill #244/Truck Route. ROW Use Permit & Mitigation Code Amendment/Enactment Ordinance - Approved Ordinance #00-365 Reallocation of Human Services Fund A ward - Approved Acceptance of Phase I Conceptual Artwork Proposal/Celebration Park - Approved City/City of Tacoma Interlocal Agreement/Motorcycle Fleet Maintenance - Approved City/School District Interlocal Agreement/School Resource Officer - Approved Batting Cage Proposal - Approved City/King County Interlocal Agreement/Public Defense Screening Services - Approved Military Rd So Drainage Improvements Project/Final Acceptance - Approved 2pt Ave SW & SW 334th St Signal & Sidewalk Project/Final Acceptance - Approved ; COUNCILMEMBER WATKINS MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. Council member Watkins pulled Consent Items (d) and (i). Motion to approve Consent Items (a), (b), (c), (e), (t), (g), (h), (j), (k), and (I) passed as follows: Burbidge Gates Hellickson Koch mar McColgan Park Watkins yes yes yes yes yes yes yes Consent Agenda Item (d): COUNCILMEMBER WATKINS MOVED APPROVAL OF COUNCIL BILL #244/TRUCK ROUTE, ROW USE PERMIT & MITIGATION CODE AMENDMENT; DEPUTY MAYOR KOCHMAR SECOND. Federal Way City Council Regular Meeting Minutes March 7, 2000 - Page 4 COUNCILMEMBER WATKINS MOVED TO AMEND SECTION 15-184(b) OF THE FEDERAL WAY CITY CODE, SET FORTH IN SECTION 2 OF COUNCIL BILL #244, BY INSERTING THE WORDS, "OR MORE THAN 3,000 TRIPS WITHIN A 3-MONTH PERIOD"; COUNCILMEMBER BURBIDGE SECOND. The motion passed 6-1 as follows: Burbidge Gates Hellickson Kochmar yes yes no yes McColgan Park Watkins yes yes yes COUNCILMEMBER HELLICKSON MOVED TO POSTPONE ENACTMENT OF COUNCIL BILL #244 TO THE MARCH 21 REGULAR MEETING; COUNCILMEMBER MCCOLGAN SECOND. The motion failed 5-2 as follows: Burbidge Gates Hellickson Kochmar no no yes no McColgan Park Watkins yes no no The main motion, as amended, approving Council Bill #244/Truck Route, ROW Use Permit and Mitigation Code Amendment (Ordinance No. 00-365), passed as follows: Burbidge Gates Hellickson Kochmar Consent Agenda Item (i): yes yes yes yes McColgan Park Watkins yes yes yes COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF CONSENT ITEM (i)/ BA TTING CAGE PROPOSAL; COUNCILMEMBER WATKINS SECOND. The motion passed 6-1 as follows: Burbidge Gates Hellickson Kochmar VI. yes yes yes yes McColgan Park Watkins INTRODUCTION ORDINANCES yes yes no a. Council Bill #245/Parks and Recreation Commission Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PROVISIONS RELATING TO PARKS AND Federal Way City Council Regular Meeting Minutes March 7, 2000 - Page 5 RECREATION COMMISSION MEMBERSHIP (AMENDING ORDINANCE NOS. 91-93, 93-186,96-280 AND 98-312). COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #245/PARKS AND RECREATION COMl\HSSION CODE AMENDMENT TO A SECOND READING/ENACTMENT AT THE MARCH 21 COUNCIL MEETING; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes b. Council Bill #246/Criminal Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE II TO CHAPTER 6 OF THE FEDERAL WAY CITY CODE TO ADOPT BY REFERENCE RCW 66.44.100 OPENING OR CONSUMING IN PUBLIC PLACE AND REPEALING SECTION 6-38 (AMENDS ORDINANCE NO. 91-89). COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #246/CRIMINAL CODE AMENDMENTS TO A SECOND READING/ENACTMENT AT THE MARCH 21 COUNCIL MEETING; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes VII. CITY COUNCIL REPORTS Councilmember Gates reported the next meeting of the Finance/Economic Development/Regional , Affairs Committee will be held March 13, at 1:30 p.m.; the March 28 meeting has been canceled. She announced she will be attending the ribbon-cutting ceremony for the new Weyerhaeuser facility on March 8; the new facility will house 300 employees from Tacoma. The Puget Sound Regional General Assembly meeting will be held on March 16, and the Suburban Cities Association Caucus on Friday, March 10. Council member Burbidge thanked the Arts Commission, volunteers and city staff for their recognition of the various performing arts groups during the 2000 Contract for Services funding process. She reported on recent South King County Human Services Roundtable and Suburban Cities Association meetings. She announced volunteers are needed for monitoring water testing for the Hylebos Watershed-workshops will be held at city hall on Wednesday, March 22, and Federal Way City Council Regular Meeting Minutes March 7, 2000 - Page 6 Saturday, March 25; those interested in participating should contact the City Manager's Office. The next meeting of the Parks/Recreation/Human Services/Public Safety Committee will be held on March 13, at 12:00 noon. Councilmember Hellickson reported on the "town hall" style meeting he hosted on March 1; he noted the meeting addressed his proposed future public utilities venture, which he intends to revisit this coming June. Councilmember Watkins reported that the next meeting of the Land Use/Transportation Committee will be held on March 13, at 5:30 p.m. Council member McColgan had no report. Deputy Mayor Kochmar congratulated Council member McColgan's son for being named "Youth of the Year" by the Federal Way Boys and Girls Club. She also extended kudos to Neighbor- hood Specialist Ed Swan for a very successful volunteer recognition dinner; the event honored the hundreds of volunteers who help support the various city departments throughout the year. She requested additional information from the City Manager's Office regarding the concerns of citizens associated with the Silverwood and Rosewood proposed projects and retention pond. She noted she will be attending the upcoming Suburban Cities Association and the Airport Communities Coalition meetings. Mayor Park reemphasized the importance of the "Community Literacy Program" being celebrated throughout the month of March, noting he attended the kick-off celebration at SeaTac Mallon March 1. VIII. CITY MANAGER REPORT City Manager Moseley extended his thanks and appreciation to all who participated in both the volunteer recognition dinner on February 25th, and the City's 10th Birthday/Open House Celebration on February 28; he extended special thanks to the Federal Way Historical Society for their informative displays and speakers during the open house event. He noted the new sign code went into effect as of February 29, 2000. The Community Development Department has reported 435 open cases of non-compliant signs, 47 sign permits pending, and 11 time extension requests; site visits to non-conforming businesses will begin as soon as the new code compliance officer is on board. Mr. Moseley displayed an "Award of Merit" recently awarded to the Parks and Recreation Department from the Washington State Slow Pitch Softball Association. City Manager announced the scheduled executive session has been canceled. Federal Way City Council Regular Meeting Minutes March 7, 2000 - Page 7 IX. EXECUTIVE SESSION Pending Litigation/Pursuant to RCW 42.30.11O(1)(i) - Canceled 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 8:30 p.m. N. Christine Green, CMC City Clerk :1--1 MEETING DATE: Marcg¿(2000 ITEM# JL(¿-) ....................................................................................................................................................................................................... .......................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Amendment to Ordinance/Parks and Recreation Commission ....................................................................................................................................................................................................... ........................................................... CATEGORY: BUDGET IMPACT: X CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION _STAFF REPORT _PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................................ .. A.!.!.A ç !:I..M.~ ~! §. ~.. ....ç? ~.~ ~~.~~. . ~~ ~~? p.} ~~. . ~ ~ ~ ~.~.. f. ~ þ.~~ry]~..? ggg ~ ..Q.~ ~.~!l.~ ~ ~ . . . .. .. . .. .... . .... .. . .. . ..... .. .. .. ... . ... .. ......... .. .. . ..... SUMMARYIBACKGROUND: At the retreat January 7 and 8, Council directed staffto prepare an ordinance amendment for Council approval eliminating term limits for members of the Parks and Recreation Commission. No other city commission has term limits for its members. The draft amendment shows a strike-out in subsection 11.27 Membership (c), the reference to membership limited to serving no more than three consecutive terms. Thus, membership for the Parks and Recreation Commission is ...~!?!l.~~ ~~~P.~. ~!~~.? ~~~!. .~.~ry. ~~~~.~~~ ~.~~:.... .............. .............................. ........ ................. .............................. .................. ........... .......... ............ ......... CITY COUNCIL COMMITTEE RECOMMENDATION: On February 14, 2000, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to approve the proposed amendment eliminating term limits for the Parks and Recreation Commission and forward to full Council ....<?P... M.~~~..?'~~QQQ: ..... ...... ............ .......... ..... ...... ............... ......... ................ ............... ........ ....... .... .................. ......... ............... ..... ....... .................. ........... ............. CITY MANAGER RECOMMENDATION: MOTION TO MOVE TO MARCH 21 REGULAR MEETING FOR ENACTMENT. ....... .......... ......... ................. .............. ............... ........ ......... ....................... .................. .............. .......................... ................................... ...................... ....... ............ ............. ~~~~~D FOR INCLUSION IN COUNC~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ~$L~ 3/7/0' 0 . Î7~ h d-¥~ ~ .2./~//ð 0 ~ Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: February 7, 2000 Subject: " Jennifer Schroder, Director / I! Parks, Recreation and Cultdr ervices Department David Mos.ager Amendment to Ordinance/Parks and Recreation Commission From: Via: Backeround: At its retreat January 7 and 8, the City Council directed staffto prepare an ordinance amendment for Council approval eliminating term limits for members ofthe Parks and Recreation Commission. No other city commission has term limits for its members. The draft amendment shows a strike-out in subsection 11-27 Membership (c), the reference to membership limited to serving no more than three consecutive terms. Thus, the membership for the Parks and Recreation Commission is consistent with the other city commissions. Committee Recommendation: Motion to approve the proposed amendment eliminating term limits for the Parks and Recreation Commission and forward to full Council on March 7, 2000. ~,H~ Com"l.e Member APPROVAL OF COMMITTEE REPORT: ORDINANCE NO. DRAFT d/ ;jg( ~ C5 AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PROVISIONS RELATING TO PARKS AND RECREATION COMMISSION MEMBERSHIP. (AMENDING ORDINANCE NUMBERS 91-93, 93-186,96-280 and 98-312). WHEREAS, the Federal Way City Council recognizes that parks and recreation are vital to the community's quality of life, important in attracting visitors and tourists, valuable as a source of commerce and industry, and desired by businesses considering location in the City; and WHEREAS, by Ordinance No. 91-93 the Federal Way City Council created a parks and recreation commission (the "commission") as amended by Ordinance Numbers 93-186,96-280, and 98-312; and WHEREAS, the Federal Way City Council set tenn limits of no longer than three consecutive years for the commission members and; WHEREAS, no other" City commission has tenn limits and; WHEREAS, the City Council desires to repeal the tenn limits for parks and recreation commissions to be consistent with other City commissions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Amendment. The Federal Way City Code ("FWCC") Section 11-27 shall be amended as follows: Sec. 11-27. Membership. (a) The parks and recreation commission shall consist of at least nine members and may ORD # I PAGE 1 ..~ &~~ consist of up to eleven members by appointing the altemate(s) as a member or members. The city council shall determine upon the expiration of any member~ s term if a need exists to appoint more than nine members to the commission. I (b) The parks and recreation commission shall serve without compensation. (c) Each member shall serve a term of three years. Members shall 3CrvC no morc than three consceuti-....c terms upon council appointment, whether serving aU or any portion of any tcrm, and this provision shall be applied retroactively. The city council shall annually appoint new members to fill the expiring terms on the parks and recreation commission. If, for any reason, a vacancy occurs during the term of a parks and recreation commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove a parks and - recreation commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of the city council. All members of the parks and recreation commission shall serve until their successors are duly appointed by the city council. (d) Persons appointed to serve on the commission shall reside within the corporate limits of the city during the members' terms. (è) To the extent practicable, appointments shall reflect the diversity of all recreational needs of the city. Section 2. Severability. The provisions ofthis ordinance are dedared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD # , PAGE 2 Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after it~ passage, approval, and públication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2000. CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\P ARKSTERM. WPD ORD # , PAGE 3 MEETING DATE: Marc:j, 2000 ITEM# - - -:rz:=- (QJ ....................................................................................................................................................................................................... ............................................................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Amendment to Federal Way City Criminal Code Section 6-36 and Repeal of Federal Way Criminal Code Section 6-38 ....................................................................................................................................................................................................... ........................................................... CATEGORY: BUDGET IMPACT: .X- CONSENT -XORDINANCE BUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................................ ATTACHMENTS: Proposed Ordinance Amending Federal Way City Criminal Code Section 6-36 and Section 6-38, copy ofRCW 66.44.100, and the City Council Parks, Recreation/Human Services/Public ....~. ~~~~X..ç?~~~.~~.~..~~:?~~~.~~~~.~~~:.......... ...... .................. ............... ...... ............ ..................... ......... .......................... .... ................... . .......... ..... ......... SUMMARYIBACKGROUND: The proposed amendment to the Federal Way Criminal Code ("FWCC") 6-36 and repeal of 6-38 is a housekeeping amendment to make the FWCC consistent with recent state law changes. FWCC Section 6-38 currently criminalizes the possession of an open container of alcohol in a public place. During the 1999 legislative session the Washington State Legislature amended state law of possession of an open container to a class 3 civil infraction. In keeping the FWCC consistent with state law, staff recommends that FWCC Section 6-36 be amended to adopt RCW 66.44.100 (attached) by reference, and that FWCC 6-38 be repealed. """"""""""""""'......................................................................"""""""""""....................................................................................................... ................................... CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the amendment to FWCC Section 6-36 and the repeal of FWCC Section 6-38 to Chapter 6, Article II of the Federal Way City Criminal Code and forward to full Council. ....................................................................................................................................................................................................... ............................................................ CITY MANAGER RECOMMENDATION: Motion to move the ordinance amending FWCC Section 6-36 and repealing FWCC Section 6-38 to second reading at the next regular Council meeting for enactment. """"""""""""""'.................................................................................................... """"""""""""""""................................................................... ............................. APPROVED FOR INCLUSION IN COUNCI PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL # Ist Reading Enactment Reading ORDINANCE # RESOLUTION # ~k-d---t¿.~~ _APPROVED DENIED - T ABLED/DEFERRED/NO ACTION ~t/-¿ ~ 3~/ð C) ~ K: \Agnditem \opencontain. amd ; Item 5F CITY OF FEDERAL WAY CITY COUNCIL P ARKS/RECREA TION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE January 10,2000, Meeting Date: February 1, 2000 Londi K. Lindell, City Att~ Amending Federal Way Criminal Code From: Subject: The following amendment to the Federal Way Criminal Code ("FWCC") is a housekeeping amendment to make the City Code consistent with recent state law changes. Possession of an Open Container of Alcohol or Consuming Alcohol in a Public Place Background: FWCC Section 6-38 currently criminalizes the possession of an open container of alcohol in a public place. During the 1999 legislative session, the Washington State Legislature amended the state law of possession of an open container to a class 3 civil infraction. In keeping the Federal Way Criminal Code consistent with Washington State Law, staff recommends that FWCC 6-36 be amended to adoptRCW 66.44.1 00 (attached) by reference, and that FWCC 6-38 be repealed. Committee Recommendation: Motion to approve the amendment to FWCC 6-36 and the repeal of FWCC 6-38 to Chapter 6, Article II of the Federal Way Criminal Code and forward to full Council. K:\CRIMINAL \AMEND\Coverfeb 14.wpd ORDINANCE NO. DRAFT =v~!ou AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHINGTON,AMENDING ARTICLE II TO CHAPTER 6 OF THE FEDERAL WAY CITY CODE TO ADOPT BY REFERENCE RCW 66.44.100 OPENING OR CONSUMING IN PUBLIC PLACE AND REPEALING SECTION 6-38(Amends Ordinance No. 91-89) WHEREAS, Federal Way City Code 6-38 criminalizes the possession of an open container of alcohol in a public place, and, WHEREAS, during the 1999 legislative session the Washington State Legislature amended the state law thereby making possession of an open container a class 3 civil infraction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Section 6-36 of Article II to Chapter 6, Criminal Code, of the Federal Way City Code is hereby amended to provide as follows: Sec. 6-36. Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: (1) RCW 66.04.010, Definition. (2) RCW 66.20.210, Unlawful acts relating to card of identification and certification ORD# ,PAGEl card. (3) RCW 66.20.210, Licensee's immunity to prosecuting or suit - Certification card as evidence of good faith. (4) RCW 66.28.090, Licensed premises open to inspection - Failure to allow. (5) RCW 66.44.010, Local officers to enforce law - Authority of board - Liquor enforcement officers. .@ RCW 66.44.100. Opening or consuming liquor in public place - - Penalty. Section 2. Repeal. Section 6-38 of Article II to Chapter 6, Criminal Code, of the Federal Way City Code is hereby repealed as follows: See. 6 38. Opening or consuming liquor or possessing open container of liquor in public place. Except as permitted by RCW Title 66, 00 pcrson shall open a paekagc eomainiRg liquor or possess an opcn container of liquor, or consume liqöor in a public place; provided this pro,..ision shall not appl:y to containers kept in the trunk of a '¡chidc Of in some other area of thc 'v'chicle not normall)' occupied by the driver or passengers, if tm: vchide docs oot have a trunk. A utilit), compartment or glove compartment is deemed to be \\o'ithin the area occupied by thc driver and passengers. Violation of this section is a misdemeaoor. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD# , PAGE 2 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ; Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,19- CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K: \CRIMIN AL \amend\6- 360pencon. wpd Revised 01-31-00 ORD# , PAGE 3 Citation Wl ~T 66.44.100 v.....t's RewA 66.44.100 Found Document Rank 1 of 1 Page 1 TEXT WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 66. ALCOHOLIC BEVERAGE CONTROL CHAPTER 66.44. ENFORCEMENT--PENALTIES Copr. @ West Group 1999. All rights reserved. Current through End of 1999 First Special Session. 66.44.100. Opening or consuming liquor in public place--Penalty Page 1 Database WA-ST-ANN Except as permitted by this title, no person shall open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of a class 3 civil infraction under chapter 7.80 RCW. CREDIT CREDIT(S) 1999 Electronic Pocket Part Update [1999 c 189§ 3; 1981 1st ex.s. c 5§ 21; 1933 ex.s. c 62§ 34; RRS§ 7306-34.] Copr. @ West 2000 No Claim to Orig. U.S. Govt. Works MEETING DATE: March 21, 2000 ITEM# .-y; (J) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Preliminary Plat of South Campus Bible School Subdivision, Federal Way File No: SUB98-0007 CATEGORY: Å CONSENT ORDINANCE BUSINESS HEARING FYI BUDGET IMPACT: Å RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION 0 THER. Amount Budgeted: $ none Expenditure- Amt: $ none Contingency Reqd: $ none A IT A CHMENTS: February 16, 2000 City Council! Land Use Transportation Committee memo which includes the January 12, 2000 Report to the Hearing Examiner, (2 full copies of the staff report with full exhibits are located in the Council Offices); Draft Resolution. SUMMARY/BACKGROUND: The applicant has submitted a request for preliminary plat approval for South Campus Bible School Subdivision, a 21-10t single-family subdivision on 4.79 acres located in the vicinity of SW 252M Street as extended between 19th and 218t Avenue SW. The Federal Way Hearing Examiner conducted a public hearing on January 26,2000. The Examiner's report, which recommends conditional approval of the preliminary plat, was issued on February 8, 2000. The City Council Land Use/Transportation Committee (LUTC) reviewed the Hearing Examiner's report and recommendation at their March 13, 2000 meeting, and voted to forward the project to the full City Council. CITY COUNCIL COMMITfEE RECOMMENDATION: Forward the Hearing Examiner's report and recommendation to the full City Council with a recommendation for conditional approval. CITY MANAGER RECOMMENDATION: Motion to approve the Hearing Examiner's recommendation to a rove with conditions the relimin lat of South C us Bible School Subdivision. APPROVED FOR INCLUSION IN COUNCIL PACKET: COUNCIL ACTION: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # APPROVED DENIED T ABLEDIDEFERRED/NO ACTION Note: FULL PACKETS OF SUPPORTING DOCUMENTS ARE AVAILABLE UPON REQUEST AND ARE A V AILABLE FOR REVIEW IN THE CITY COUNCIL OFFICE. ; I:\COVERCC-S/14/96 MEMORANDUM DATE: February 16, 2000 To: Land U selTransportation Committee (LUTC) Phil Watkins, Chair FROM: VIA: Stephen Clifton, AICP, Director of Community Development Services David M~er Preliminary Plat of South Campus Bible School Subdivision Federal Way File No: #SUB98-0007 RE: 1. SUMMARY OF APPLICATION The applicant requests preliminary plat approval of a twenty-one (21) lot single family residential subdivision on a 4.79 acre parcel as provided for under Federal Way City Code (FWCC) Chapter 20, Subdivisions, subject to City Council approval. II. REASON FOR COUNCIL ACTION Pursuant to FWCC Section 20-127(a), the City Council issues a final decision at a public meeting after review of the Hearing Examiners recommendation. Consistent with how land use matters are currently processed by the City, preliminary plat applications are brought to City Council Land Use and Transportation Committee for review and recommendation prior to review by the full Council. HEARING EXAMINERS RECOMMENDATION ill. On February 8, 2000, the Federal Way Hearing Examiner issued a recommendation (attached) to approve the proposed preliminary plat subject to the following conditions: A. Prior to the final plat approval, the applicant shall be required to construct surface water detention improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during Preliminary Plat of South Campus Bible School Subdivision LUTC Memorandum Page 2 engineering plan review, and as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed surface water mitigation is not adequate to address the impacts of the project. B. Retention/detention facilities used to control runoff from the site to"off-site drainage courses shall be located in a detention tract dedicated to the city at the time of final plat approval. Vegetative screening of the facilities shall be provided as delineated in a landscape plan approved by the city. C. The final plat drawing shall establish a pedestrian access tract, ftom the cul-de-sac at the end ofSW 352od Street to 21st Avenue SW, to be owned in common and maintained by a homeowner's association of the proposed subdivision, and prohibiting removal or disturbance of landscaping within the tract, except as necessary for maintenance or replacement of existing landscaping, and as approved by the city. D. Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape architect, shall be submitted for approval by the Department of Community Development Services, and shall include the following elements: 1) Pedestrian sidewalk landscaping for the pedestrian access Tract "B" ftom the SW 352od Street cul-de-sac to 21st Avenue SW; 2) Visual screening of all property boundaries of the detention Tract "C" ftom adjacent properties and the right-of-way with fencing and/or landscaping. Chain link fencing, if used, shall be black vinyl coated six feet high Type 1, and shall be surrounded by vegetation. 3) Buffer landscaping for Tract "D". 4) The type of trees and landscaping to be provided in all street right-of-ways. 5) Protection measures for all retained significant trees. E. To provide a safe route of travel for school children, the applicant shall install a concrete sidewalk from the subject site, north along the eastern side of 19th Avenue SW to the existing sidewalk located within the south right-of-way ofSW 351st Street east of 19th Avenue, subject to review and approval by the Public Works Director. F. Compliance with all provisions of the Federal Way City Code regulating this preliminary plan as well as all provisions of the Comprehensive Plan. ; Preliminary Plat of South Campus Bible School Subdivision, LUTC Memorandum Page 3 G. The provision of storm water drainage improvement, which comply_with all applicable core and special requirements outlined in the King County Surface Water Design Manual, including surface water quality and quality control. IV. PROCEDURAL SUMMARY December 10, 1998 Notice of Application issued. September 4, 1999 Environmental determination issued. January 8, 2000 Notice of Public Hearing issued. January 26, 2000 Hearing Examiner public hearing. February 8, 2000 Hearing Examiner recommendation issued. March 6, 2000 City Council Land Use and Transportation Committee meeting. March 21, 2000 City Council meeting. v. DECISIONAL CRITERIA The Hearing Examiner may recommend approval of the preliminary plat to the City Council if the following decisional criteria ofFWCC Section 20-126(c) are met. 1. It is consistent with the Federal Way Comprehensive Plan; 2. It is consistent with all applicable provisions of the Federal Way City Code, including those adopted by reference from the Comprehensive Plan; and 3. It is consistent with the public health, safety, and welfare. 4. It is consistent with design criteria listed in FWCC Section 20-2 5. It is consistent with the development standards listed in FWCC section 20- 151through 20-157 and FWCC Section 20-178 through 20-187. Preliminary Plat of South Campus Bible School Subdivision, LUTC Memorandum Page 4 Findings on how the application is consistent with these decisional criteria are contained on pages 2 through 6 of the Hearing Examiners recommendation. VI. COUNCIL ACTION The Federal Way City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting, (so long as those comments do not raise new issues or information contained in the examiners record) and the Examiners written report. The City Council may receive new information not in the record pursuant to FWCC Section 20-127 (b). A draft resolution recommending approval of the proposed application as recommended by the Hearing Examiner is included. After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Sec. 20-127(c): 1. Adopt the recommendation; or 2. Deny the recommendation; or 3. Adopt their own recommendations; or. 4. Remand the preliminary plat back to the Hearing Examiner. ### Attachments: Hearing Examiner Recommendation dated February 8, 2000 Staff Report to Hearing Examiner Draft Resolution. (253) 661-4000 FEDERAL WAY, WA 98003-6210 February 8, 200 0 [E~[E~\Yl[ErR\ ~ßV FEDERAL WAY CITY ATTORNEY Dick Schroeder Happy Valley Land Company, LLC P.O. Box 1324 Issaquah, WA 98027 RE: PRELIMINARY PLAT SOUTH CAMPUS BIBLE SCHOOL SUBDIVISION Dear Applicant: Enclosed please find the Report and Decision relating to the ~bove-entitled case. Very Ú1J~ ð . /~7?d~ , TERRENCEF.MécARTHY DEPUTY HEARING EXAMINER TFM/ca cc: All parties of record City of Federal Way (! ; ~~ Page - 1 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER PRELIMINARY PLAT SOUTH CAMPUS BIBLE SCHOOL SUBDIVISION ) ) ) ) ) ) ) SUB98-0007 FWHE #00-04 IN THE MATTER OF: I. SUMMARY OF APPLICATION The applicant proposes to subdivide a 4.79 acre lot into 21 residential single family lots, ranging in size from 7,200 to 7,944 square feet. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: January 26, 2000 February 8, 2000 At the hearing the following presented testimony and evidence: 1. Marion B. Hess, Senior Planner, City of Federal Way 2. Larry Peterson, Engineer, ESM Consulting Engineers, 720 South 34811\ Street, Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments Page - 2 III. FINDINGS 1. The Hearing Examiner has heard testimony. admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings. applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a rectangular. 4.79 acre parcel of partially improved property located in the southwestern portion of the City at SW 352nd Streefbetween 21st Avenue SWand 19th Avenue SW. 5. The applicant is requesting Preliminary Plat approval to subdivide the site into 21 single-family residential lots. All existing structures on the site are to be removed before approval of the final plat. 6. An environmental Determination of Nonsignificance was issued for this proposed action on September 4, 1999. One letter was submitted before the comment deadline period. No appeals were received and the SEPA determination has not been modified as of the date of this decision. 7. Zoning for the site and the property to the north, east and south is RS7.2. There are apartments located to the west. across the street from 21st Avenue SW which are zoned RM1800. The proposed density appears to be consistent with adjacent land uses and zoning. 8. The site is slightly sloping from the southwest and southeast comers to the center of the plat near the property line. The plat is located within a very shallow drainage channel of a large basin. A grading utilities map submitted with the application. depicts the site with 0-4 percent slopes. The westerly one-third of the sit~ is - developed residentially and the easterly two-thirds is used as pasture fo.r large farm animals. No significant wildlife exist on the site. The site has been. cleared for residential and pasture use and is surrounded by single-family residences. The plat will be subject to approval of a landscape plan pursuant to Federal Way City Code Section 20-158. During the final plat design and review staff will work with the applicant to identify trees that shall be retained on site. There are 27 existing Page - 3 9. 10. significant trees on the subject site according to a landscape architect survey. The applicant is proposing to preserve 8 significant trees, plant street trees and provide landscaping as required by Federal Way City Code. The lots will range in size from 7,200 square feet to 7,900 square feet. Proposed lots are generally rectangular in shape. Six of the lots are flag lots and are in conformance with Federal Way standards. Tract C is designated a stonn water tract and tract "An is designated as street right-of-way improvement tract. Both of these tracts will be dedicated to the City. Tract B will be designated as an open space tract and Tract 0 will be designated as a landscape easement. Both of these will be owned and maintained by the homeowners association. No geological hazards or sensitive areas exist on the site. A wetland detennination prepared bÿ 8-12 associates concludes that there are no wetlands present on the site. 11. A review of the Preliminary Plat reveals that access will be provided by the westward extension of 35200 Street SW from 19th Avenue SW. - Full street improvements within a 50-foot right-of-way will be required for 35200 Street. A public pedestrian access tract will be located between the proposed cul-de-sac at the end of 35200 Street SW and 21st Avenue SW. It will be dedicated to and maintained by the homeowners association. Pedestrian connections from the subject site to Sherwood Forest Elementary School are currently substandard and unsafe. The applicant has agreed to design and construct a pedestrian corridor/sidewalk from the subject site to the existing sidewalk located within the southern portion of 351st Street east of 19th Avenue SW. 12. Sidewalks will be provided along all lot frontages. A 5-foot wide concrete sidewalk will be provided on the east side of 21st Avenue SW. The applicant's proposed pathway from the end of the cul-de-sac on 35200 Street to 21st Avenue shall be 8- foot in width and landscaped on either side. The applicant will provide full street improvements along SW 356th Street which will'include 28-feet of pavement. vertical curbs, gutters, sidewalks, street lights and street trees within a 50-foot right-of-way width as shown on the applicant's plat. In addition, 21st Avenue arterial will be widened and improved, including tapers, with paving, a 6-foot wide landscaping strip with trees, street lighting and 8-foot wide sidewalk, a 3-foot wide utility strip and 10- foot wide landscape easement buffer as demonstrated on the plat. This improvement will require a right-of-way dedication of approximately 16 feet. The 19th Avenue street will be widened and improved with paving. curb and gutter. Page - 4 . landscape strip with trees and a 5-foot wide concrete sidewalkT which will include a .right-of-way dedication of 30 feet. . 13. A 10-foot wide landscape buffer easement is being provided for arterial buffering. The FWCC does not require buffers on the north and south side of the development. 14. The City Public Works Director or building official as allowed by Federal Way City Code during development of the site and in conformance of Federal Way Code Section 22-126 may require a geotechnical report which contains specific recommendations and conclusions for the proposed development including site preparation .and grading of the site. 15. Water and sewer facilities are available from the lake Haven Utility District and are adequate to serve the proposed development according to district representatives. It is the applicant's responsibility to secure all necessary water and sewer services and permit approvals from the utility providers. 16. Surface water facilities shall be designed in accordance with KCSWDM. A storm water detention must be dedicated to the City of Federal Way and downstream facilities must be provided where necessary. 17. The applicant does not plan on providing open space pursuant to Federal Way City Code 20-155. However, the applicant will pay a fee in lieu of providing open space to the City pursuant to City Code 20-155. 18. The proposed subdivision will be served by Sherwood Forest Elementary, lIIahee Junior High and Federal Way Senior High schools. The elementary school is within one-mile of the subject site and children of residences of the site will walk to the school the school site. Students attending lIIahee Junior High and Federal Way Senior High school would receive bus transportation from the site. The applicant will pay school impact fees as controlled by City Ordinance. These fees will. be collected at the time a resident's bu~lding permit is issued. 19. Gas will be furnished by Puget Sound Energy, telephone will be furnished by U. S. West and power will be furnish'ed by Puget Power. 20. lake Haven Utility district will furnish sewage disposal and a public water and ; Page - 5 distribution system. Surface water runoff will be controlled by .9 system of curbs, berms, drainage, swales and/or catch basins conveyed to the detention pond and then to an appropriate discharge point. All in conformance with the Executive Proposed Basin Plan: West Branch Hylebos Creek Sub-Basin Recommendation BW2. 21. Section 20-126(c) contains the decisional criteria the Hearing Examiner must consider in reviewing a Preliminary Plat. It provides in pertinent part: the hearing examiner. . . may recommend approval of a plat to the City Counsel if: (1) It is consistent with the Comprehensive Plan; The site and location are subject to the adopted 1995 Federal Way Comprehensive Plan, which designates the property as appropriate - for single-family, high-cfensity development. As the previous findings indicate, this proposed land use and plat design for single-family residential development with 7,200 square feet minimum lot size is consistent with the goals, density allowances and policies applicable to residential use as established in Federal Way Comprehensive Plan. (2) The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; , - . Staff indicates that the application is in compliance with FWCC Chapter 18, Environmental Policy; Chapter 20, Subdivisions; chapter 22, Zoning; and all other applicable codes and regulations of the city. With conditions of approval as expressed here as contained herein the South Campus Bible School's Preliminary Plat Will be consistent with and comply with all provisions of Federal Way City Code according to Staff. (3) The project is consistent with the public health safety and welfare; The proposed preliminary plat is located with an existing predominately single-family residential area and would permit development of the site consistent with the current single family residential land u.se classification of FWCP and RS7.2 zoning. Proposed public streets, street improvements, street lights, Page - 6 (4) (5) sidewalks, surface water d.rainage improvements~ buffers, fire hydrant locations, and other public improvements will be designed and constructed to be consistent with all city and other agency requirements. Future development of the plat, in accordance with applicable city codes and regulations will therefore be consistent with the protection of public health, safety and welfare. The project is consistent with the design criteria listed in FWCC Section 20-2; The proposed preliminarY plat, according to staff, will promote and be consistent with the purposes identified in FWCC Section 20-2, - and the design criteria and regulations contained therein for preliminary plat, including the effective use of land, promotion of safe and convenient travel on streets, provision for housing needs of the community and protection of environmentally sensitive areas. As.proposed and with the recommendations of the staff contained within this report, the preliminary plat application is consistent with the design criteria and complies with all provisions of FWCC Chapter 20, Subdivisions, according to staff. The project is consistent with the development standards listed in FWCC Sections 20-151 through 157 and 20-158 through 20-187; A condition of this. condition of approval is that the development of this site will comply with the provisions of FWCC Chapter 20, Subdivisions, Chapter 18, Environmental Protection, Chapter 22, Zoning and all other applicable local and state development codes and regulations. As proposed, according to staff, with the inclusion of findings and conclusions as recommended in the staff report, the preliminary . plat application, as presentèd by the applicant, is consistent with development standards of the FWCC and complies with all applicable statutes, codes and regulations. Page - 7 IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 2. 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat of South Campus Bible School subdivision is consistent with the goals and policies of the Federal Way Comprehensive Plan and satisfies all criteria of the Federal Way Subdivision Code and zoning regulations. The proposed preliminary plat makes appropriate provisions for the public health, safety and welfare for open spaces, drainage ways, buffers, streets, roads, alleys, other public ways, water supply, sanitary waste, fire protection, parks, playgrounds, sites for schools and school grounds and safe walking conditions for students. 3. 4. The proposed preliminary plat satisfies all criteria set forth in Section 20-126(c), 20- 151 through 20-157 and 20-158 through 20-187 FWCC. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single-family residential subdivision consistent with existing development in the area and therefore should be approved subject to the following conditions: 5. A. Prior to the final plat approval, the applicant shall be required to construct surface water detention improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during engineering plan review, and as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed surface water mitigation is not adequate to address the impacts of the project. B. Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be located in a detention tract dedicated to the city at the time of final plat approval. Vegetative screening of the facilities shall be provided as delineated in a landscape plan approved by the city. c. The final plat drawing shall establish a pedestrian access tract, from the cul- de-sac at the end of SW 352nd Street to 21st Avenue SW, to be owned in common and maintained by a homeowners' association of the proposed Page - 8 D. subdivision, and prohibiting removal or disturbance of landscaRing within the tract, except as necessary for maintenance or replacement of existing. landscaping, and as approved by the city. Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape architect, shall be submitted approval by the Department of Community Development Services, and shall include the following elements: . 1) Pedestrian sidewalk landscaping for the pedestrian access Tract B from the SW 352nd Street cul-de-sac to 21st Avenue SW. 2) Visual screening of all property boundaries of the detention Tract C . from adjacent properties and the right-of-way with fencing and/or landscaping. Chain link fencing, if used, shall be black vinyl coated six-feet high Type 1, and shall be surrounded by vegetation. 3) 4) Buffer landscaping for Tract D. The type of trees and landscaping to be provided in all street right-of- ways. 5) Protection measures for all retained significant trees. E. To provide a safe route oftravel for school children, the applicant shall install a concrete sidewalk from the subject site, north along the eastern side of 19th Avenue SW to the existing sidewalk located within the south right-of-way of SW 351st Street east of 19'" Avenue, subject to review and approval by the Public works Director. F. Compliance with all provisions of the Federal Way City Code regulating this preliminary plat as well as all provisions of the Comprehensive Plan. G. The provision of stonn water drainage improvements, which comply with all applicable core and special requirements outlined in the King County Surface Water Detention Manual, including surface water quantity and quality control. Page - 9 DECISION: It is recommended to the Federal Way City Counsel that the preliminary plat for South Campus Bible School Subdivision be af?proved subject to the conditions contained in the conclusions above. /1 DATED THIS J' DAYOFF TRANSMITTED THIS ¿:;~ DAY OF FEBRUARY, 2000, to the following: APPLICANT: Dick Schroeder Happy Valley Land Company, LLC P.O. Box 1324 Issaquah,WA 98027 ESM Consulting Engineers Larry Peterson, Engineer 720 South 3481/1 Street Federal Way, WA 98003 City of Federal Way clo Chris Green 33530 1st Way S. Federal Way, WA 98003 RFSOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE ëITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF SOUTH CAMPUS BmLE SCHOOL SUBDIVISION, FEDERAL WAY FILE NO SUB-98-0007. WHEREAS, the applicants, Happy Valley Land Company, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property consisting of 4.79 acres into twenty-one (21) single family residential lots located between 21å Avenue SW and 19th Avenue SW, at SW 352M Street, as extended; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on January 26, 2000 concerning the preliminary plat of South Campus Bible School Subdivision; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued his Recommendation on February 8, 2000 containing findings, conditions and conclusions; and WHEREAS, the City Council of the City of Federal Way is the governmental body now having jurisdiction and authority to pass upon the approval, denial or modification of the application and the conditions of said preliminary plat pursuant to Section 20-127 of the Federal Way City Code; and r Res. # ,Pagel WHEREAS, the City Council having considered the written record and Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW and all other applicable Cíty Codes; NOW TIIEREFGRE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASmNGTON, DOES HEREBY RESOL VB AS FOLLOWS: Section 1. Findings of Facts. Conditions and Conclusions. The Recommendation of the Federal Way Land Use Hearing Examiner issued on February 8, 2000, containing the Hearing Examiner's findings, conditions and conclusions, following a public hearing on January 26, 2000, to approve the preliminary plat of South Campus Bible School Subdivision subject to certain conditions, is hereby adopted as the fmdings, conclusions and conditions of the City Council. Section 2. Application Approval. Based upon the Recommendation of the Federal Way Land Use Hearing Examiner and the findings, conditions and conclusions contained therein, as adopted by reference by the City Council set forth above, the preliminary plat of South Campus Bible School Subdivision, Federal Way File No. SUB-98-0007 is hereby approved subject to the conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated February 8, 2000 attached hereto as Exhibit A and incorporated by this reference. Section 3. Conditions of Approval Integral. The conditions of approval of the preliniinary plat are all integral to each other with respect to the City Council finding that public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions Res. # , Page 2 invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affrnned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, TIllS - DAY OF , 2000. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK A TrEST: Res. # , Page 3 CITY CLERK, N. CHRlS1fNE GREEN, CMC APPROVED AS TO FORM: CITY ATIORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. ; Res. # , Page 4 CITY OF FEDERAL WAY - COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLA T OF SOUTH CAMPUS BffiLE SCHOOL SUBDIVISION Federal Way File No: SUB98-0007 PUBLI C HEARING JANUARY 26, 2000 - 2:00 p.m. FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33530 FIRST WAY SOUTH REpORT PREPARED BY: Marion B. Hess, Senior Planner January 12,2000 I. II. III. IV. V. VI. VII. VIII. IX. X. TABLE OF CONTENTS APPLICATION INFORMATION .................................................................................................1 GENERAL INFORMATION .......................................................................................................1 CONSULTED DEPARTMENTS AND AGENCIES ............................................~. ...........................2 STATE ENVIRONMENTAL POLICY Acr ................................... ...............................................3 NATURAL ENVIRONMENT .....................................................................................................3 GENERAL DESIGN .................................................................................................................4 TRANSPORTATION ..........................................................,......................................................6 PUBLIC SERVICES... ...... ........... ...... .... .................... ............................................ ......... ..,... .....6 UTILITIES .. ... ....... ..... ...,.. .............................................. ............................... ..........................8 ANALYSIS OF DECISIONAL CRITERIA ....................................................................................9 XI. FINDINGS OF FACT AND CONCLUSION.................................................................................11 XII. RECOMMENDATIONS & CONDITIONS ..... ........................ .....................................................13 XIII. LIST OF EXHIBITS ................................................................................................................14 I. ApPLICATION INFORMATION. File No: SOB98-0007 Applicant: Dick Schroeder Happy Valley Land Company, LLC PO Box 1324 Issaquah, W A 98027 Phone: (425)392-2742 Engineer: ESM Consulting Engineers Stuart L. Scheuennan, Project Engineer 720 South 348th Street Federal Way, WA 98003 Phone: (253) 838-6113 Owner: Happy Valley Land Company, LLc. PO Box 1324 Issaquah, W A 98027 Action Requested: Preliminary plat approval for a 21 lot single family residential subdivision as provided for under "Federal Way City Code" (FWCC) Chapter 20, Subdivisions; and requiring approval from the Hearing Examiner and City Council pursuant to FWCC Section 20-110. Staff Representative: Marion Hess, Senior Planner, (253) 661-4120 Staff Recommendation: Preliminary Plat Approval with Conditions (See page 13.) II. GENERAL INFORMATION A. Description of the Proposal- The applicant proposes to subdivide a 4.79 acre lot into 21 residential single family lots, ranging in size from 7,200 to 7,944 square feet (Exhibit A & W-J). B. Location - The site is located in the southwestern portion of the city at SW 352od Street, between 21 st Avenue SW and 19th Avenue SW (Exhibit B). . C. Legal Description - See Exhibit C-I. Hearing Examiner Staff Report Page I S Campus Bible School Preliminary PlaúSUB98-OO07 D. Size of Property- The subject site has a land area of 208,652 square feet (4.79 acres). E. Land Use and Zoning- Direction Zoning Comprehensive Plan Existing Land Use Site North South East West RS-7.21 RS- 7.2 RS-7.2 RS- 7.2 RS-18002 SF - High Density Same Same Same Multi-Family Residential & pasture Single Family Residential Single Family Residential Single Family Residential West Pointe Apartments (Refer to Exhibit D - Zoning Map) (Refer to Exhibit E - Comprehensive Plan Map) F. - Background - The preliminary plat of South Campus Bible School was submitted on October 15, 1998, as a proposed 21-10t subdivision, with no open space tracts. The formal "application" was determined incomplete on November 12, 1998, and complete on December 7, 1998. Additional information was requested in a March 5, 1999, letter. On May 25, 1999, the developer and his engineer met with city staff to review the March 5, 1999, letter requesting additional information for the proposed subdivision. A revised preliminary plat drawing and additional information, including a revised State Environmental Protection Act (SEP A) checklist, were submitted on August 4, 1999 (Exhibit F). III. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. 'The Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Plamûng and Building Divisions; Public Works Engineering and Traffic Divisions; Parks & Recreation Department; Federal Way Department of Public Safety (police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners and occupants within 300 feet of the site were mailed a notice of Land Use Application. The site was also posted and notice published in the newspaper and on the city's official notice boards. No comment letters were submitted in response to the notice of application (Exhibit G). IRS-7.2 = single family residential, 7,200 SF minimum lot size. 2RM-1800 = multi-family residential, 1,800 SF minimum lot size. Hearing Examiner Staff Report Page 2 S Campus Bible School Preliminary PlaVSUB98-0007 C. In accordance with SEP A and FWCC Chapter 18, Environmental Protection, all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the city's environmental detennination. In addition, the site was posted and notice placed in the newspaper and on the city's official notice boards (Exhibit H). IV. STATE ENVIRONMENTAL POLICY ACT A. An Environmental Determination of Non significance (DNS) was issued for the proposed action on September 4, 1999 (Exhibit 1). This detennination was based on review of infonnation in the project file, including the environmental checklist, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environm~nt. B. One comment letter was received from Mr. Robert White during the 14-day SErA comment period. The letter requested fencing to be installed by the applicant to maintain privacy and expressed concern about new traffic on 353rd Place SW. No changes or corrections were made to the city's initial detennination (Exhibit J). V. NATURAL ENVIRONMENT a. Storm Water Runoff-The applicant will be required to provide stonn drainage improvements to comply With all applicable Core and Special Requirements outlined in the King County Surface Water Design Manual (KCSWDM), including surface water quantity and quality control. ESM Consulting Engineers prepared and submitted a Preliminary Technical Information Report on November 30, 1998, to the Department of Community Development Services for review by the Public Works Department (Exhibit K). The preliminary plat depicts stonn water collected in a detention pond at the northeast corner of the site, with release to a downstream channel (See Exhibits A & L). See Section IX-C (page 8) of this report for a detailed description of the proposed drainage facilities. B. Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB) and Arents, Alderwood material (AmB). AgB soils are characterized as moderately well drained to poorly drained soils over a weak to strong consolidated substratum at a depth of24 to 40 inches. These soils are described as capable of adequate compaction, runoff is slow, and erosion hazard is slight with slopes at 6 to 15 percent. AmB soils are characterized as relatively level with 0 to 6 percent slopes and moderately well drained. Runoff is slow, and the erosion hazard is slight. Hearing Examiner Staff Report Page 3 S Campus Bible School Preliminary PlatlSUB98-OO07 . Typical soils excavation will occur with the street construction, at the site of the detention pond, and for utility installation. The preliminary clearing and grading plan depicts clearing limits in compliance with city standards for street right-of-way, surface water detention tracts, and utility easement development only. ; It is anticipated that all excavated material can be used on site, and that no import fill will be required if mass grading is approved. The July 25, 1999, Geotechnical Report, prepared by GeoResources, contains recommendations and conclusions for the proposed development, including site preparation and grading of the subject site. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official during development of the site (Exhibit L). C. Topography - The site is slightly sloping from the southwest and southeast comers to the center of the plat near the north property line. The plat is located witlún a very shallow drainage channel of a large basin. A grading and utilities map submitted with the applicati9n depicts the site with 0-4 percent slopes (Exhibit M & W-3). D. Vegetation - The westerly one-third of the site is developed residentially and the easterly two-thirds is Used as pasture for large farm ammals. The plat is subject to the approval of a landscape plan pursuant to FWCC Section 20-158. During final plat design and review, staff will continue to work with the applicant to identify trees that can be retained on the site. Retained significant trees outside of open space areas would be regulated under FWCC Section 22-1568, Significant Trees (Exhibit N & W-2). E. Wildlife - No significant wildlife exis~ on the site as the site has been cleared for residential and pasture use and is surrounded by existing single family residences. F. Mapped Sensitive Areas - The Federal Way Sensitive Areas Map indicates no geological hazardous or sensitive areas on the site (Exhibit 0). . A wetland detennination was prepared by B-twelve Associates, Inc. to study the site for potential wetlands. The study concluded there are no wetlands present on the site (Exhibit P). VI. GENERAL DESIGN A. Subdivision Access and Roadway System - Access to the property will be provided by the westward extension ofSW 352nd Street from 19th Avenue SW. Refer to Exhibits A & W-3, the preliminary roadway and utility plans. SW 352nd Street and 19th AvenueSW are classified by the FWCC as local streets, providing access to residences and connecting neighborhood streets to the collector system. Pursuant to FWCC street improvement standards, the minimwn right-of-way Hearing Examiner Staff Report Page 4 S Campus Bible School Preliminary PlatlSUB98-OO07 width for local streets is 52 feet. The frontage on 21st Avenue SW must be widened , including tapers, as approved by the Public Works Director and improved with a planter strip, sidewalk, and a utility easement. B. Pedestrian System - Sidewalks will be provided along all lot frontages. Specifically, street improvements include five-foot wide sidewalks on both sides of SW 352nd Street. Half street improvements on 19th Avenue SW will include a five-foot wide sidewalk on the west side of the street. A five-foot wide concrete sidewalk will be provided on the east side of 21st Avenue SW. The applicant will be requ"ired to provide an eight-foot wide paved walking path, with landscaping on each side, from the west end of the cul-de-Sac westward to 21 st Avenue S W. In addition, according to the "School Access Analysis Report" prepared by ESM, a four-foot wide sidewalk (the city requires a five-foot wide sidewalk) will be extended from the project site to the existing sidewalk on SW 351 st Street, between 19th Avenue SW and 18th Avenue SW on the east side of 19th and on the south side ofSW 351st Street (Exhibit Q). C. Local Streets shall have a minimum pavement section of three inches Class B asphalt over 2 x 6 inches of crushed surfacing. D. Landscape Buffers and Open Space - In accordance with FWCC Chapter 20, Subdivisions, landscaped buffers are required when the plat is adjacent to an incompatible zoning djstrict or arteñal street. The proposed plat is bordered on three sides by single family residential zoning, therefore, no fonnal buffers are required on the north, east, and south property lines. However, a ten-foot wide landscape buffer easement is identified on the preliminary plat for arteñal buffeñng (Tract D) (Exhibit W-I). . Street tree requirements are descñbed in section VII-A, open space requirements are descñbed in section VIII B, and detention tract requirements are descñbed in section IX C of this report . E. Lot Layout - The lots range in size from 7,200 square feet to 7,900 square feet. The proposed lots are generally rectangular. Six of the 21 lots are "flag" lots and are in confonnance with FWCC standards. (Flag lots are descñbed as lots with 30 feet of frontage, or less, on a public street serving as a dñveway access to a larger area of the lot where a home meeting all yard setbacks may be constructed.) One area is designated as a "Stonn Water Tract" ([ract C) and another area is designated as street ñght-of-way improvements ([ract A). Both tracts will be dedicated to the City of Federal Way. One area is designated as "Open Space Tract" ([ract B) and another area is designated as a "Landscape Easement" ([ract D). These two tracts are to be owned and maintained by a Home Owners' Association (Exhibit W-I). Hearing Examiner Staff Report Page 5 S Campus Bible School Preliminary PlatlSUB98-OOO7 F. Existing Conditions - The site is currently developed with two single family homes, accessory buildings, and pasture for fann animals. The single family homes and accessory buildings will be removed at the time the plat is developed. Single family homes on platted lots exist to the north, east~ and south. West Pointe Apartments exist to the west across 21st Avenue SW (Exhibit R). These conditions and comments are based on the plans submitted for preliminary plat review and are not intended to be or constitute a detailed review of the engineering drawings. The detailed engineering review wiII occur foIIowing preliminary plat approval. VII. TRANSPORTATION A. Street Improvements - In accordance with the FWCC, all street improvements must be dedicated as city right-of-way and improved. SpecificaIIy, fuII .street improvements are required for SW 3520 Street and will include: 28 feet of pavement, vertical curbs, gutters, sidewalks, street lights, and street trees within a 50-foot right-of-way width as shown on the plat. The 21st Avenue SW arterial street is to be widened and improved (including tapers) with paving, a six-foot wide landscaping strip with trees, street lighting, an eight- foot wide sidewalk, a three-foot wide utility strip, and a ten-foot wide landscape easement buffer as shown on the plat. This will require a right-of-way dedication of approximately 16 feet. ; The 19th Avenue SW local street is to be widened and improved with paving, curb and gutter, landscape strip with trees, and a five-foot wide concrete sidewalk. This wiII require a right-of-way dedication of30 feet (Exhibit W-I). Heath & Associates, Inc., prepared a June 17, 1999, "Left Turn Warrants Study" at the request of the city's Assistant Traffic Engineer. In an August 24, 1999, memorandwn, the Assistant Traffic Engineer stated that off-site left-turn improvements to 21st Avenue SW were not warranted (Exhibits S-I & 2). B. Adequacy of Arterial Roads - This proposal has been reviewed under SEP A. Based on the FWCC, the additional traffic to be generated by this development does not require any major roadway improvements for vehicles or pro rata share payments, according to the city's Assistant Traffic Engineer. VIII. PUBLIC SERVICES A. Schools - As part of the city's review ofthe proposal, the preliminary plat application was referred to the Federal Way School District for comments. Hearing Examiner Staff Report Page 6 S Campus Bible School Preliminary PlatlSUB98-0001 Comments received from the School District on November 4, 1998, and November 13, 1998, included the following infonnation: The proposed subdivision will be served by Sherwood Forest Elementary, IIIahee Junior High, and Federal Way Senior High schools. As the elementary school is . within one mile of the subject site, students would walk to school from the site. Students attending IlIahee Junior Highllnd Federal Way High schools would receive school bus transportation from the site. The current bus stop that ~ould serve Illahee Junior High students is located at 19th A venue SWat 35228. The bus stop for Federal Way High School students is located at 19th Avenue SW and SW 353rd. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. The existing route of travel from the proposed subdivision to Sherwood Forest Elementary School is via a roadway with gravel shoulders and ditches. FWCC Section 20-156(a) requires the applicant to install an improved pedestrian corridor and sidewalk from the subject site to Sherwood Forest Elementary School along the eastern side of 19th Avenue SW and south side of SW 351 st Street, providing a safe route of travel for school age children. The sidewalks are to be a raised, five- foot wide concrete sidewalks located in the easterly portion of 19th A venue SW and the southerly portion ofSW 351 st Street. Refer to condition #5 of the preliminary plat approval (page 14). The new sidewalk is to provide safe student pedestrian access along 19th Avenue SW and SW 351 st Street for elementary school students (Exhibit Q). School impact fees, as authorized by city ordinance, will be collected at the time of the residence building permit issuance. School impact fees are detennined based on the school district's Capital Facilities Plan and are subject to annual adjustment. B. Open Space - According to the City of Federal Way Facilities Map, the nearest city park is Saghale located next to Saghale Junior High School on SW Campus Drive approximately one mile north of the plat site. Other public parks in the vicinity include Panther Lake, Lakota, Dumas Bay, and West Hylebos Wetlands State Park (Exhibit T). To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, Subdivisions, requires set-aside of land on site for open space, or a fee-in-lieu-payment for the open space. Specifically, FWCC Section 20-155(b) requires all residential subdivisions to provide open space in the amount of 15 percent of the gross land area of the subdivision site; or pay a fee-in-lieu of payment for all or portions of the open space area required. Total open space required for this plat is 31,298 square feet (15 percent of the 208,652 square foot parcel). Pursuant to FWCC Section 20-155, the applicant proposes to not provide the required open space, but rather make an open space fee payment. The fee would be based on the assessed value of the land according to the Hearing Examiner Staff Report Page 1 S Campus Bible School Preliminary PlatlSUB98-O001 King County Assessors Office valuation of the subject site at the time the final plat is reviewed. The city's Parks and Recreation Department staff has reviewed the proposed fee-in- lieu of open space requirement for the preliminary plat and supports the applicant's proposal.. This fee must be paid to the city before the final plat is..approved. The applicant proposes to provide no open space for the plat. The open space obligation will be provided through fee-in-lieu of open space, due prior to final plat approval per FWCC Section 20-155. . C. Fire Protection - The Certificate a/Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Federal Way Fire Department requires that a fire hydrant be located within 350 feet of each lot. The preliminary grading and utility plan does not depict the location of fire hydrants within the plat. The Federal Way Fire Department must approve the location of these hydrants. IX. UTILITIES A. Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system managed by the Lakehaven Utility District. A July 2, 1998, Certificate o/Sewer Availability indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. According to the preliminary plat, an extension of the existing sanitary sewer main west of215t Avenue SW will serve the site. The applicant will need to renew the expired DEA and certificate before the engineering approval is granted (Exhibit V-I to 3). B. Water Supply - The applicant proposes to serve the subdivision with a public water and distribution system managed by the Lakehaven Utility District. A July 2, 1998, Certificate o/Water Availability indicates district's capacity to serve the proposed development through a DEA. The applicant must renew the expired DEA before the engineering approval is granted (Exhibit V-I to 3). C. Drainage Facilities - The site is located in the South Lower Puget Sound Sub-Basin, in an area identified by the Executive Proposed Basin Plan: West Branch Hylebos Creek Sub-Basin, as having downstream conveyance, flooding, erosion, and habitat problems associated with stonnwater runoff. The applicant is proposing to provide mitigation as recommended in the Basin Plan specifically, Recommendation #BW-2 which calls for the use of a seven-day storm event in sizing on-site detention facilities. Surface water runoff will be controlled by a system of curbs, berms, drainage swales, and/or catch-basins, conveyed to the detention pond, and then to an appropriate discharge point. Hearing Examiner Staff Report Page 8 S Campus Bible School Preliminary PlatlSUB98-OO07 A Levell Downstream Analysis, including onsite basin comparisons, offsite conveyance capacity checks, and core and special requirements Wlder the 1992 KCSWDM is required by the Public Works Department. The applicant is required to construct improvements necessary to mitigate all identífied conveyance problems, whether existing or resulting from the plat's developmen~ as identified during engineering plan review. Engineering approval will not be granted if it is detenninedthat the applicant's proposed mitigation is not adequate to address the impacts of the project. Storm drainage facilities are to be designed in accordance with all applicable core and special requirements outlined in the KCSWDM, and per the basin complex variance request approval. A detention pond and biofiltration swale are proposed to provide runoff control for the site. The approved stonn drainage facilities must be constructed per city code requirements, prior to final plat approval and recording of the subdivision condition. The detention facilities shall be screened with vegetation from the plat and surroWlding properties. R~fer to recommended approval condition numbers 1, 2, and 3 of the preliminary plat. x. ANALYSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applicatio~. Pursuant to FWCC Chapter 20, Subdivisions, Section 20-110, preliminary plat applications are submitted to the hearing examiner for public hearing. The preliminary plat application and the recommendation of the hearing examiner are submitted to the city coWlcil for approval or disapproval. A. Hearing Examiner Preliminary Plat Decisional Criteria. - Pursuant to FWCC . Section 20-126( c), the hearing examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. Staff Comment: The site and application are subject to the adopted "1995 Federal Way Comprehensive Plan" (FWCP), which designates the property as appropriate for single family-lúgh density development. The proposed land use and plat design for single family residential (with 7,200 square foot minimum lot size) is consistent with density allowances and policies applicable to this land use as established in the FWCP (Exhibit E & Federal Way Comprehensive Plan, pages 11-12 through 11-14). 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Hearing Examinee Staff Report Page 9 S Campus Bible School Preliminary PlatlSUB98-OOO7 Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC, Chapter 18, Environmental Policy; Chapter 20, Subdivisions; Chapter 22, Zoning; and all other applicable codes and regulations of the city. As proposed, the South Campus Bible School pr~liminary plat project is consistent with and will comply with all provisions of the FWCC, subject to conditions as recommended by staff in this report. Future development of the residential subdivision, including the final plat, will be required to comply with all applicable local and state development codes and regulations. . 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat, located within an existing predominately single-family residential area, would pennit development ofthe site consistent with the current single family-high density land use classification of the FWCP and RS7.2 zoning. Proposed public street access, street improvements, street lights, sidewalks, surface water drainage improvements, fire hydrant locations, and other public improvements must be designed and constructed to be consistent with all city and other agency requirements. Future development of the plat, in accordance with applicable city codes and regulations, will ensure consistency with and protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in FWCC Section 20-2. Staff Comment: The proposed preliminary plat will promote and be consistent with the purposes identified in FWCC Section 20-2, and the design criteria and regulations contained therein for preliminary plats, including effective use of land, promotion of safe and convenient travel on streets, provision for housing needs of the community, and protection of environmentally sensitive areas. As proposed, and with the staff report including findings and conditions recommended therein, the preliminary plat application is found to be consistent with the design criteria and complies with all provisions of FWCC Chapter 20, Subdivisions. 5. It is consistent with the development standards listed in FWCC Section(s) 20- 151 through 157, and Sections 20-158 through 187. Hearing Examiner Staff Report Page 10 S Campus Bible School Preliminary Plat/SUB98-0007 XI. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 20, Subdivisions; Chapter 18, Environmental Protection; Chapter 22, Zoning; and all other applicable local and state development codes and regulations. As proposed, and including the findings and conditions as recommended in the staff report, the preliminary plat application, as presented by the applicant, is consistent with development standards of the FWCC, and complies with all applicable statutes, codes, and regulations. FINDINGS OF FACT Based on an analysis of the proposed action, the environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide a partially developed 4.79 acre parcel into 21 single family lots of 7200 square feet, or greater. Existing land uses on three sides of the site are single family residences on platted lots. An apartment complex is located across 21 sl Avenue SW to the west of the site. 2. All existing structures on the site are to be removed before approval of the final plat. 3. Zoning for the site and adjacènt lots to the north, east, and south is RS- 7.2. The apartments to the west across 21st Avenue SW are zoned RM-1800. The proposed residential subdivision density is consistent with existing adjacent land uses and ZOnIng. 4. An Environmental Determination of Nonsignificance (DNS) was issued for this proposed action by the city's ResponSible Official on September 4, 1999. One letter was submitted before the comment deadline date. No appeals were received and the SEP A determination has not been modified as of the date of this report. This environmental determination is incorporated by reference as though set forth in full. 5. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development, according to district representatives. The expired certificates must be renewed. It is the applicant's responsibility to secure all necessary water and sewer services and permit approvals from the utility provider. 6. Surface water facilities will be designed in accordance with the KCSWDM. A stormwater detention tract must be dedicated to.the City of Federal Way and down stream facilities must be provided where necessary. Page 11 S Campus Bible School Preliminary PlatlSUB98-OOO7 Hearing Examiner Staff Report 7. Public right-of-way access for the plat will be provided by the westward extension of 352nd Street SW from 19th Avenue SW. The proposed plat is provided access to 21st Avenue SW via SW 351st Street and SW 353r(1 Street. Twenty-First Avenue SW is to be widened and improved according to current arterial street standards. 8. Nineteenth Avenue SW, SW 353rd Street, and SW 351 st Street are currently designated as local streets by the FWCP. Full street improvements within a 50-foot right of way are required for SW 352nd Street. 9. A public pedestrian access tract, located between the cul-de-sac at the end of 352od Street SW and 21st Avenue SW, must be dedicated to and maintained by a . homeowners' association. 10. Pedestrian connections from the subject site to SheIWood Forest Elementary School are currently substandard and unsafe. The applicant has agreed to design and construct a safe pedestrian corridor/sidewalk from the subject-site to the existing sidewalk located within the southern portion of SW 351 st Street east of 19th Avenue SW. 11. A geotechnical report contains specific recommend~tions and conclusions for the proposed development, including site preparation and grading of the subject site. Supplemental geotechnical analysis may be required by the city's Public Works Director, or Building Official, as allowed by the FWCC, during development of the site in confonnance with FWCC Section 22-1286. 12. There are 27 existing significant trees on the subject site according to a landscape architect's survey. The applicant is proposing to preserve eight significant trees, plant street trees, and provide landscaping as required by the FWCC. . 13. Prior to issuance of construction pennits for public improvements, the applicant will be required to submit a revised landscape plan addressing: 1) the pedestrian access, Tract B, landscaping; 2) the detention, Tract C, landscape screening; 3) street trees; 4) tree conservation; 5) the replacement of significant trees; and 6) landscaping within the 10-foot wide Tract D buffer easement. 14. Pursuant to FWCC Section 20-155, the applicant proposes to not provide the required open space within the plat and to pay a fee-in-lieu of the required open space. The city's Parks and Recreation Department staff concurs with the fee-in-lieu payment to be paid to the city prior to the filing of the final plat. 15. The proposed preliminary plat is pennitted by FWCC, Chapter 20, Subdivisions, and Chapter 22, Z<Jning. 16. The proposed subdivision has been reviewed for compliance with the FWCP; FWCC Chapter 18, Environmental Protection; FWCC Chapter 20, Subdivisions; FWCC Chapter 22, Z<Jning; and all other applicable codes and regulations. Hearing Examiner Staff Report Page 12 S Campus Bible School Preliminary PlatlSUB98-OOO7 XII. As proposed and presented by the applicant, and recommended in the staff report, the preliminary plat is consistent with the FWCP and all applicable codes and regulations. 17. Prior to final plat approval and recording, all required public improvements will be constructed according to city code and approvals, or the improvements appropriately bonded, in compliance with city code, requirements. 18. The preliminary plat meets all decisional criteria under FWCC Section 20-126(c). RECOMMENDATION & CONDITIONS Based on review of this applicatio~ the environmental record, and pertinent decisional criteria, city staff recommends approval of the preliminary plat, subject to the following conditions: 1. Prior to the fmal plat approval, the applicant shall be required to construct surface water detention improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during engineering plan review, and as required by the Public Works Director. Engineering approval shall not be granted if it is detemÜned that proposed surface water mitigation is not adequate to address the impacts of the project. 2. Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be located in a detention tract dedicated to the city at the time of final plat approval. Vegetative screening of the facilities shall be provided as dèlineated in a landscape plan approved by the city. 3. The final plat drawing shall establish a pedestrian access tract, from the cul-de-sac at the end of SW 352od Street to 21 st Avenue SW, to be owned in common and maintained by a homeowners' association of the proposed subdivisio~ and prolúbiting removal or disturbance of landscaping within the tract, except as necessary for maintenance or replacement of existing landscaping, and as approved by the city. 4. Prior to issuance of construction pennits, a landscape pl~ prepared by a licensed landscape arclútect, shall be submitted approval by the Department of Community Development Services, and shall include the following elements: a) Pedestrian sidewalk landscaping for the pedestrian access Tract B from the SW 352od Street cul-de-sac to 21st Avenue SW. b) Visual screening of all property boundaries of the detention Tract C from adjacent properties and the right-of-way with fencing and/or landscaping. Chain Page 13 S Campus Bible School Preliminary PlatlSUB9g~7 Hearing Examiner Staff Report link fencing, if used, shall be black vinyl coated six-feet high Type 1, and shall be surrounded by vegetation. c) . Buffer landscaping for Tract D. . d) The type of trees and landscaping to be provided in all street right-of-ways. e) Protection measures for all retained significant trees. 5. To provide a safe route of travel for school chHdren, the applicant shall install a concrete sidewalk from the subject site, north along the eastern side of 19th Avenue SW to the existing sidewalk located within the south right-of-way ofSW 351st Street east of 19th Avenue, subject to review and approval by the Public Works Director. XIII. LIST OF EXHIBITS A. 1. Reduced Scale Preliminary Plat of South Campus Bible School 2. Master Land Use Application Form B. Vicinity Map C. 1. Legal Description 2. Chicago Title Insurance Company Policy, November 6, 1998 D. City of Federal Way Official Zoning Map (reduced copy) E. I. City of Federal Way Comprehensive Plan Map (reduced copy) 2. Comprehensive Plan text, pages II -12 through II -14 F. Environmental Checklist(s), October 15, 1998 G. Notice of Land Use Application Affidavit of Publication H. Notice of Determination ofNonsignificance Affidavit of Publication I. Environmental Determination of Nonsignificance, September 4, 1999 J. SEPA Comment Letter, Robert White, September 5, 1999 K. Preliminary TIR, prepared by ESM, November 1998 L. GeoResources Geotechnical Report, July 25, 1999 M. Reduced Scale of Preliminary Grading and Utility Plan N. Reduced Scale of Landscape Plan and Significant Tree PreservationlRemoval Plan O. City of Federal Way Sensitive Areas Map P. B-twelve Associates, Inc. Wetland Determination Letter, received October 15, 1998 Q. School Access Analysis, prepared by ESM, February 1999 R. City of Federal Way Existing Land Use Map for Site & Surrounding Area S. Heath & Associates, Inc., Left Turn Warrants Study, June 17, 1999 T. City of Federal Way Facilities Map, July 1999 U. 1. Lakehaven Utility District Letter of Sewer Availability, July 6, 1998 2. Lakehaven Utility District Memorandum, November 5, 1998 3. Lakehaven Utility District Fax Transmittal, August 20, 1999 V. Lakehaven Utility District Letter of Water Availability, July 8, 1998 W. 1. South Campus Bible School Preliminary Plat (large copy) 2. South Campus Bible School Landscape Plan (large copy) 3. South Campus Bible School Preliminary Grading & Utility Plan (large copy) 4. South Campus Bible School Existing Conditions Survey Hearing Examiner Staff Report Page 14 S Campus Bible School Preliminary PlatlSUB98-OOO7 TRANSMITTED TO THE PARTIES LISTED HEREAFTER ON JANUARY 19,2000: Federal Way Hearing Examiner Dick Schroeder, Applicant ESM Engineering Project Engineer Hazem El-Assar, Public Works-Traffic Jim Femling, Public Works-Development Services Robert White, 2020 SW 353rd Place, Federal Way, W A 98023 L:'CSDCIDOCSISA VE\392I0292.DOC Hearing Examiner Staff Report Page 15 S Campus Bible SChool Preliminary PlatlSUB98-OOO7 . EXHIBIT A 1. Preliminary Plat 2. Application ; ... If. SOUTH CAMPUS BIBLE SCHOOL SITE A PORTION OF THe NE 1/4 OF SEe. 25. TWP. 21 N. ROE. 3 E.. 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'! ..- A '- MA:..:~TER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 rust Way South. Federal Way, WA Q8003 (253) 66 1-4000 - Fax (253) ( 129 ..."..,.,,¡j'~V.:VELOF. i:' r ~"" '. ~".. 't.!- "c . t."> .i-.J~ ~~ERAL ~ ~t{)~ß'-.~ APPLICATION No s..) ~~<Q - () 0 ('\ '7 Date Project Name South Campus Bible School Site (770-06-970-003) Property AddresslLocation 35300 Block of 21st. Ave. SW. Applicant Agent. Name: Stuart Scheuerman Name: Address: Ad~: ESM Consulting Engineers, L.L.C. Phone: ( ) Fax: ( ) Email: 720 S. 348th St. Federal Way, WA 98003 Phone: (253 )838-6113 Fax: ( 253) 838-7104 Email: Signature: Zoning Designation RS 7. 2 I 0 - \S--1~ . Owner Name: Dick Schroeder Ad~: Happy Valley Land Company, L. L. C. P.o. Box 1324 Issaquah, WA 98027 Phone: ( 425 ) 392-2742 Fax: ( ~25 ) 391-4 Email: Single Family Project Description Redevelope two lots-about 5.16 acres into 21 single family lots. Parcel Number{s) 252103-9023-07 and 252103-9007 Type of Permit Required: SEP A Checklist Notice Mailed Sign Board (Refer to Development Submittal Requirements Handout) R R R R R j 1 , r ~' t:. ~, .' - Annexation _Binding Site Plan . - Boundary Line Adjustment - Camp PlanlRezone - Land Surface Modification - Lot Line Elimination - Preàpplication Meeting - Process I (Director's Approval) - Process IT (Site Plan Review) R" - Process ill (project Approval) R - Process IV (Hearing Examiner"s Decision) R - Process V (Quasi-Judicial Rezone) - SEPA Only ~ Shoreline Variance Conditional Use - Short Subdivision XX Subdivision - Variance R R R, R R R R R = Required R R R R R R .. R R* R R .. R R Rx2 R R EXHIBIT L\ PAGE-Á-OF 2- R R . = Optional by City M.urt>uA f D< as:vu.n6l1"'. Þ ::::m/'J./- MEETING DATE: March 21, 2000 ITEM#'~ (e) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: HUMAN SERVICES COMMISSION 2000 WORK PLAN CATEGORY: BUDGET IMPACT: None X CONSENT ORDINANCE BUSINESS HEARIN G FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) Memo to the City Council, dated March 14,2000, noting the changes made to the Work Plan by the Parks, Recreation, Human Services and Public Safety (PRHSPS) Committee, 2) Original memo to the PRHSPS Committee, dated March 6, 2000. SUMMARYIBACKGROUND: The Human Services Commission finalized their proposed 2000 work plan at their February 29,2000 meeting. All of the planned projects are consistent with the Commission's roles and responsibilities as defined in City ordinance #90-72. Highlights of the plan include: conducting the 200 I Community Development Block Grant and the 2001-2002 Human Services Fund allocation processes, reviewing contracted agency perfonnance on a quarterly basis, and increasing community awareness of human services needs and services available. CITY COUNCIL COMMITTEE RECOMMENDATION: The Parks, Recreation, Human Services and Public Safety Committee reviewed the Human Services Commission's 2000 Work Plan at their March 13,2000 meeting, and made several amendments to the Plan. The Committee recommends approval of the Human Services Commission's Work Plan, as amended. CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommendation to approve the Human Services Commission's 2000 wo~ APPROVED FOR INCLUSION IN COUNCIL PAC: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED _TABLED/DEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ATTACHMENT n ED ERAL (253) 661-4000 FEDERAL WAY, WA 98003-6210 MEMORANDUM DATE: TO: FROM: SUBJECT: March 14,2000 Mayor and City Council Members . Ann Guenther, Human Services Manager ~ 2000 Human Services Commission Work Plan, Amended The Parks, Recreation, Human Services, and Public Safety Council Committee made several changes to the 2000 Human Services Commission's Work Plan. The changes are noted with underline. The plan includes the following projects: 1. Review a comparison of the Federal Way Human Services Program with other local cities. The comparison will include information on the level of human services funding available in each city and on the allocation processes used by other human services commissions and advisory boards. In addition, consideration will be Qiven to the unique needs. services. and priorities in each of the communities reviewed. 2. Review the issue of whether City General Human Services funds should be used for City programs and prepare a recommendation for the City Council. 3. Participate in a spring retreat to work on team building and consensus building, skills, and integration of new Commission members. 4. Learn more about current human services needs and programs, including an update on the State's WorkFirst program, a presentation reQardinQ the Seattle- KinQ County Workforce Development Council, and a presentation from the Seattle-King County Public Health Department regarding their recent "Healthy Youth in King County" report. Conduct the 2001 Community Development Block Grant (CDBG) allocations process and prepare recommendations for the Council. 5. 6. Conduct the 2001-02 Human Services Funding allocations process and prepare recommendations for the Council. 7. Review the performance of contracted agencies (Human Services and Community Development Block Grant - CDBG) on a quarterly basis. Ask agencies to make brief reports to the Commission regarding their programs and progress toward meeting annual performance goals. 8. Raise community awareness of human service needs and services available. Increase collaboration with the private sector regarding human services. a. Submit articles on human services issues to local newspapers. b. Make presentations regarding the City's human services program to service groups and/or churches. c. Develop partnerships with the Greater Federal Way Chamber of Commerce, local businesses, service clubs, and Federal Way Public Schools, to increase coordination and collaboration around human services issues. 9. Tour human services agencies funded by the City. ATTACHMENT 112 CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE ~ Date: From: Via: Subject: March 6, 2000 '. Ann Guenther. Hu n Services Manager t:Z<!:1- David Mose e nager 2000 Human Se ices Commission Work Plan Background The City of Federal Way Human Services Commission finalized their proposed 2000 work plan at their February 29, 2000 meeting. All of the planned projects are consistent with the Commission's roles and responsibilities as defined in City ordinance #90-72 and outlined below. The work plan is submitted for Committee approval. I will be at your March 13, 2000 meeting to present the work plan and answer any questions you may have about the plan. Human Services Commission Roles and Responsibilities The Human Services Commission shall make reports and recommendations to'the City Council and City Manager concerning human services issues. Specific duties include: 1. 2. 3. 4. 5. Develop and assess human services in the City; Determine priorities of human services needs in the City; Evaluate and make recommendations on funding requests submitted to the City; Evaluate and review performance of individual human service agencies; Review City actions which may affect the availability and quality of human service delivery in the City and; Coordinate with other groups and human services planning agencies and organizations. 6. 2000 Human Services Commission Work Plan The plan includes the following projects: 1. Review a comparison of the Federal Way Human Services Program with other local cities. The comparison will include information on the level of human services funding available in each city and on the allocation processes used by other human services commissions and advisory boards. 2. Review the issue of whether City Human Services funds should be used for City programs and prepare a recommendation for the City Council. 3. Participate in a spring retreat to work on team building and consensus building skills, and integration of new Commission members. 4. Learn more about current human services needs and programs, including an update on the State's WorkFirst program and a presentation from the Seattle-King County Public Health Department regarding their recent Healthy Youth in Kinç¡ County report. 1 @ 5. Conduct the 2001 Community Development Block Grant (CDBG) allocations process and prepare recommendations for the Council. 6. Conduct the 2001-02 Human Services Funding allocations process and prepare recommendations for the Council. 7. Review the performance of contracted agencies (Human Services and Community Development Block Grant - CDBG) on a quarterly basis. Ask agencies to make brief reports to the Commission regarding their programs and progress toward meeting annual performance goals. 8. Raise community awareness of human service needs and services available. Increase collaboration with the private sector regarding human services. a. Submit articles on human services issues to local newspapers. b. Make presentations regarding the City's human services program to service groups and/or churches. c. Develop partnerships with the Greater Federal Way Chamber of Commerce, local businesses, service clubs, and Federal Way Public Schools, to increase coordination and collaboration around human services issues. 9. Tour human services agencies funded by the City. Committee Recommendation 1. Move to approve the Human Services Commission's 2000 work plan, as proposed by the Commission and forward to the full Council for approval on March 21, 2000. Move to approve the Human Services Commission's 2000 work plan as amended by the Committee and forward to the full Council for approval on March 21, 2000. 2 MEETING DATE: March 21, 2000 ITEM# '~ It) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: USE OF CITY HUMAN SERVICES GENERAL FUNDING FOR CITY PROGRAMS CATEGORY: BUDGET IMPACT: None X CONSENT ORDINANCE BUSINESS _HEARING FYI _RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) Memo to the Parks, Recreation, Human Services and Public Safety Council Committee dated March 6, 2000 regarding the use of City Human Services Funding for City Programs. SUMMARYIBACKGROUND: Over the past few years, Human Services staff has been asked if programs operated by the City of Federal Way could apply for City Human Services General Funds. Administrative practice has been to allow City programs to apply for the City's federal Community Development Block Grant (CDBG) funds, and to use the City General Human Services funding for private non-profit agencies only. As the 2001-2002 Human Services and CDBG funding cycles begin, it is anticipated that this question will come up again. Staff is seeking Council direction regarding this issue, so that potential applicants can be advised regarding this issue during the upcoming funding cycle. The Human Services Commission reviewed this issue at their February 29, 2000 meeting and recommends maintaining the current practice of continuing to allow City programs to apply for CDBG funding and to maintain the Human Services Fund as a dedicated source for private non-profit agencies. CITY COUNCIL COMMITTEE RECOMMENDATION: The Parks, Recreation, Human Services and Public Safety Committee recommends approval of Human Services Commission's recommendation to maintain the current practice of continuing to allow City programs to apply for CDBG funding and to maintain the Human Services Fund as a dedicated fund source for private non-profit agencies. CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommendation maintain the current practice of continuing to allow City programs to apply for CDBG funding and to maintain the Human Services Fund as a dedicated fund source for private non-pro agencies. APPROVED FOR INCLUSION IN COUNCIL PAC (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 # Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: March 6, 2000 - Ann GUenthe~u an Services Manager ,¡t!I- David. Moseley anager Use of City Hu an Services Funding for City Programs Background At your March 13, 2000 meeting, staff will seek Council Committee action regarding the use of City Human Services General Funding for City programs. I will be at your meeting to present the options outlined below, and to answer any questions you may have about this issue. The Human Services Commission reviewed this issue at their February 29, 2000 meeting. This memo provides background on past practice, specific examples of when this question has come up in regard to City programs, options for future policy direction, and the Human Services Commission's recommendation. Over the past few years, Human Services staff have been asked if programs operated by the City of Federal Way could apply for City Human Services General Funds. Administrative practice has been to allow City programs to apply for the City's federal Community Development Block Grant (CDBG) funds, and to use the City General Human Services funding for private non-profit agencies only. As we begin the 2001-2002 Human Services and CDBG funding cycle, it is anticipated that this question will come up again. Staff would like to have clear direction regarding this issue, so that we can advise potential applicants during the upcoming funding cycle, which begins in late March. Past Practice As noted above, the City's practice has been to use federal Community Development Block Grant (CDBG) for both City programs and private non-profit agency programs, and to reserve the City's Human Services General Funding for community-based private non-profit agencies. To date, this has been administrative practice only. The City has no written policy that directly addresses this issue. However, the Human Services Comprehensive Plan does state that, non- profit organizations are the primary provider of services to low-income persons, and that the City will rely on private agencies and other organizations to design and implement services in the community (see page IV-2). In three cases, City departments and private non-profit agencies partner to provide human services programs to city residents. In these cases, the non-profit agency applies to the City for Human Services funding and provides the services in collaboration with City Departments. These programs are the Salvation Army, After-Hours Emergency Assistance Program (Public Safety Department), Senior Services of Seattle-King County, Meals on Wheels and Congregate Meals programs (Parks, Recreation, and Cultural Services Department). The CDBG Program has operated differently. During the City's history, the CDBG funds have 1 been used for both city programs and private non-profit agency programs. Examples of City programs funded with CDBG funds are two public service projects - the CARES Child Care Subsidy Program and the Law Department's Domestic Violence Advocate Program, and several capital projects including the reconstruction of sidewalks to improve wheelchair accessibility, a signalized pedestrian crossing in a lower income neighborhood, and an elevator at the Klahanee Community/Senior Center. (The CARES Program continues to receive CDBG funding, but the program administration was transferred from the City to a non-profit agency in 1999.) The use of CDBG funding for city programs is consistent with the intent of the CDBG Program, which is administered the Department of Housing and Urban Development (HUD). CDBG is a grant to cities for use in city programs or private non-profit programs providing community development, economic development and/or human services. The City may undertake a project directly, or it may contract with a non-profit if the non-profit is better suited to take on the project. The CDBG Public Service funds are limited (about $80,000 annually) and are often used as start-up funds for new programs. CDBG public service funds are currently used for both City programs and for private non-profit agency programs. CDBG funds cannot be used to replace City general funding for a program, so a program currently funded with City funds would not be eligible for CDBG funding, until after one year of not receiving City funds has passed. The CDBG Capital funds are also used for both City projects and private non-profit agency projects, to ensure that there is adequate competition for the funds. The Capital funds total between $500,000 and $600,000 annually. In the City's earlier history, there was often more CDBG capital funding available than there were applicants. The competition for CDBG Capital funding has increased in recent years. Staff checked with five other South King County cities to see how other cities use CDBG and Human Services Funding. The City's current practice of using CDBG for both city programs and private non-profit agency programs is consistent with the practice of other cities. Similarly, the cities surveyed do not currently use general human services funding for city programs, though none of the cities has a written policy in place regarding this issue. Examples of City Programs Potentially Affected There are three City departments that operate human services programs. These include the Parks, Recreation, and Cultural Services Department, the Public Safety Department, and the Law Department. None of these programs currently receive City general Human Services funding directly. As mentioned earlier, the Parks and Public Safety Departments both partner with agencies to provide services using City Human Services dollars, but in these cases, it is the non-profit agency that is the applicant and administrator of the City grant, not the City Department. The Law Department currently receives CDBG funding for partial funding of their Domestic Violence Advocate Program. There are two specific examples of when the question of whether a City Department could apply for City general Human Services funding has come up in the past few years. 2 a In 1998, the Parks Department received notice that beginning in 1999, the King County grant for the City's Senior Programs would be reduced by $25,000. This funding helped to cover operational expenses such as part-time staff and supplies. During the City budget cycle, the Parks Department sought $25,000 in City general funds to make up for the loss in King County revenue. The City Council allocated the $25,000 for each year of the 1999-2000 biennium.from the "one-time" funding pot, and suggested that the Department apply for City Human Services funding for the Senior Programs in the next biennium. The potential policy issues were not discusseçi at that time. In addition, the Korean Elder Program that provides services at Klahanee Community/Senior Center currently receives King County funding for the program. However, this funding is at-risk, since the County has reduced its discretionary human services funding by more than $300,000. The program has a contract for the first five months of 2000 and will have to apply soon for funding beyond that. This program is operated by the Federal Way Evergreen Club, a private non-profit agency that could apply for City Human Services General Funding. a The Public Safety Department partners with the Salvation Army to operate an after- hours emergency assistance program. The Departl!'ent distributes vouchers during evenings and weekends to those in need of emergency assistance for food, shelter, and transportation. In September 1999, the Salvation Army terminated their contract with the City. At that time, Human Services and Public Safety staff discussed various options for continued operation of the program. Those options included finding another non-profit agency to partner with the Department or to have the Public Safety Department administer the program directly. The Salvation Army has agreed to administer the program for 2000. At this point, it has not been decided whether this partnership will continue in 2001. Options 1. Maintain the current practice of continuing to allow City programs to apply for CDBG funding, and using the Human Services Fund as a dedicated source for private non-profit agencies. Continue to encourage partnerships between City programs and non-profit programs, to maximize efficient use of funds and services available to City residents. Fund City-operated programs using other general funds and grant sources. PRO: ~ Maintains a local dedicated fund source for private non-profit programs that serve Federal Way residents. This is especially important, given increasing human services needs in an era of declining public human services dollars. Competition for City general Human Services funding is very high. In 1998, the City received $760,038 in requests for each year of the 1999-2000 biennium, with $400,000 available for each year. The requests for 2001-2002 are expected to be at the same level or higher. ~ Promotes public-private partnerships. ~ Promotes contracting out for services, in cases where the needed service is provided by the private sector. ~ This option is consistent with the Human Services Comprehensive Plan, which states that non-profit organizations are the primary provider of services to low-income persons, and that the City will rely on private agenties and other organizations to design and 3 implement services in the community. CON: ~ Does not allow City operated programs to apply for City general Human Services Funding. . 2. Use the Human Services Fund for both City Human Services programs and non-profit agencies. City programs would compete in the biennial application process with private non- profit agencies, and would be subject to Human Services contract reporting requirements. PRO: ~ Provides City programs with an alternate funding source. CON: ~ ~ Private non-profit agencies must compete with City programs. City programs would compete with private non-profit agencies for funding, with no guarantee of being funded. Human Services Commission Recommendation The Human Services Commission recommends Option 1, which is to maintain the current practice of continuing to allow City programs to apply for CDBG funding and to maintain the Human Services Fund as a dedicated source for private non-profit agencies. Given the tightness of available funding and increasing human services needs, it is important to have a dedicated source of Human Services funding available for private non-profit agencies. Committee Recommendation CY 2. 3. Move to approve Option 1, the Human Services Commission's recommendation to maintain the current practice of continuing to allow City programs to apply for CDBG funding and to maintain the Human Services Fund as a dedicated fund source for private non-profit agencies. Forward to the full City Council for approval on March 21, 2000. Move to approve Option 2, which is to use the Human Services Fund for both City Human Services programs and non-profit agencies. City programs would compete in the biennial application process with private non-profit agencies, and would be subject to Human Services contract reporting requirements. Forward to the full City Council for approval on March 21, 2000. The Committee forwards to the full City Council a recommendation of its choice for consideration at the March 21, 2000 meeting. 4 MEETING DATE: March 21,2000 ITEM# ~ (~) ------------------------------------------------------------------------------ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2000 Tourism Program --------------------------------------------------------------------------------------------------- CATEGORY: BUDGET IMP ACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $32,500 Expenditure Amt: $32,500 Contingency Reqd: none --------------------------------------------------------------------------------------------------------------------- A TT ACHMENTS: Finance, Economic Development, and Regional Affairs Committee (FEDRAC) memo and Federal Way 2000 Tourism Program Summary. -------------------------------------------------------------------------------------------------------- SUMMARYIBACKGROUND: The City Council allocated $32,500 from the 1999/2000 lodging tax revenue towards a tourism promotion program for Federal Way. The proposed tourism program is recommended by the Lodging Tax Advisory Committee (LTAC) and the Federal Way Chamber's Tourism Commission. ------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: The FEDRAC Committee recommends to the City Council to approve the 2000 tourism program and authorize the City Manager to negotiate and execute a one-year professional service agreement with Federal Way Chamber to administer the program. --------------------------------------------------------------- CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommendation to approve the 2000 tourism program and authorize the City Manager to negotiate and execute a one-year professional service agreement with Federal Way Chamber to administer the program. --------- ---------------------- ------ - --- ----------- APPROVED FOR INCLUSION IN COUNCIL P A C~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # -------------------------------------------------------------------------------------------------- CITY OF FEDERAL WAY MEMORANDUM ; Date: To: Via: From: Subject: March 10, 2000 Finance, Economic Development and Regional Affairs Committee David H. Mos e , anager Iwen Wang, Mana ement Service Director~ Lodging Tax - 2000 Tourism Program The Council has allocated $32,5000 for a tourism promotion program as part of the 1999/2000 lodging tax revenue allocation. Both the Lodging Tax Advisory Committee (the Committee) and the Chamber's Tourism Commission have met to discuss the objectives and key elements for a local tourism program and attached is a program summary for your review. Back/[round: Currently, there are a number of players and attractions in Federal Way that make up the local tourism industry: hotels; the Aquatics Center; Dumas Bay Centre; Celebration Park; Wild Waves/Enchanted Park; the Bonsai Garden; the Rhododendron Species Foundation; and, Dash Point State Park are but a few examples. Combined, these players will spend over one million dollars in the next 12-to-18 months to promote their facilities and Federal Way as a destination. This amount is substantially higher than normal due to the startup of two new hotels. Considering these factors, the Committee has identified the following short-term goals/focuses for its 2000 Tourism Program. 1. Provide a focal point to coordinate and facilitate communication among the key players in their marketing efforts. 2. Provide information to encourage visitors to spend additional time (a halt:day or even one more night) to visit, shop, or be entertained in Federal Way. 3. Encourage new events that will bring new visitors to Federal Way. The Committee unanimously recommended the program and supports the City entering into a contract with the Chamber to administer this program for the year 2000. Attachment: Federal Way 2000 Tourism Program Summary Committee Recommendation: Forward the 2000 tourism program to Council at their March 21 meeting to approve the program and authorize the City Manager to negotiate and execute a one-year contract with the Chamber to administer the program. APPROVAL BY COMMITTEE: Committee Member k:\finance\fincommt\2000\03] 3\2000 tourism program.doc FEDERAL WAY 2000 TOURISM PROGRAM SUMMARY Program Goals Proposed Tools/Activities Deliverables & Funding Report! Approval 1. Maximize the $1 million Coordinate various marketing efforts through a one- Local Business will provide $1 million plus in Chamber shall provide quarterly plus marketing budget will year service contract with the Chamber direct marketing through media, trade shows, reports to the City Council Finance be spent in the next 12-to-18 conferences, to promote local facilities and Federal Economic Development and months to promote local Way as a destination. Regional Affairs Committee facilities and Federal Way as City will provide $10,000 in Chamber staff time to (FEDRAC) of the past quarter's a destination. coordinate these marketing efforts. marketing programs and activities. Chamber will provide $2,500 value in in-kind services including space, phone, computer and necessary office support. 2. Provide information to Develop and distribute a tourist information packet. Local Business to provide $5,000+/- for the Complete design and printing of encourage visitors to spend The packet should include: design, printing, and distribution of the "Federal material no later than June 30. additional time (a half-day or . A "FW Happening" events and activities Way Deal" discount vouchers, and provide Provide quarterly update to even one more night) to visit, calendar, updated quarterly; discounts and/or gifts at local business, restaurants, FEDRAC on distribution and shop, or be entertained in . A "FW Deal" discount voucher providing and hotels. circulation of the packet. Federal Way. discounts at local restaurants, hotels, etc; and, City will contribute $7,500 for quarterly activities . A convenient tourist map of the City highlighting the major attractions. and events calendar, including data gathering, The information packet will be distributed: calendar preparation, printing, and distribution; . Through display racks at local restaurants and and, $10,000 for a tourist map identifying key hotels; landmarks, attractions, shopping and lodging facilities. . At industry conventions; and, . Through tournament directors and event planners to the event participants 3. Encourage new events that Develop a competitive grant program that will City will contribute $5,000 toward a competitive Submit draft grant program outline will bring new visitors to provide funding to encourage organizations that will grant fund to encourage new events that will and criteria for City Council Federal Way. put on events which will attract new visitors to generate new tourist activities (Chamber will approval in March 2000. Federal Way coordinate the development of specific grant application process and award criteria for Council I approval prior to implementation). k:\finance\fincommt\2000\O313\2000 tourism program.doc 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 la!ge. 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: Tom Inman, Holiday Inn David DeGroot, Weyehaeuser Bonsai Collection ~ Chamber Tourism Commission: Michael Dunwiddie, Weyerhaeuser King County Aquatic Center Scott Brown, Federal Way Executel ~ Staff: Alison Corrigan, Chamber GRANT ELIGIBILITY In order to be considered for the TEG, an event or sponsoring organization must meet the following conditions: ~ Eligible Organization: A non-profit organization organized under IRC 501c(3) or a 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, team 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 The total grant fund available for allocation is $5,000 during the 1999/2000 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 anyone-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 cycle per year. The frequency may be increased 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 finàl 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 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 approvad 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. 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 all grant conditions that may be applicable. Any misuse or material false 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 individually. The City further reserves the right to seek criminal action in the event of gross misrepresentation of the requestor. INDEMNIFICATION In no event shall 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 APPLI CA TI 0 N 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 I A" in the space provided. You may mail or deliver your completed application to: Attn: TEGrant Application Greater Federal Way Chamber of Commerce 34004 16th Ave. S., Suite 101 Federal Way, WA. 98063 APPLICANT'S NAME: ORGANIZATION: STREET ADDRESS: DAYTIME Telephone:( Fax: ( Official Event Name: Briefly describe the event (type of sport, 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? Pierce County? If yes, when: Month: Year: Venue: City: EVENT FINANCIAL INFORMATION Is a host fee required? If so, what amount? $ or % of proceeds What is the projected number of tickets that will be sold? 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 athletes/participants will the event attract? How many team will the event attract? How far away will the (athlete/participants) travel (local, regional, national, international)?- How many spectators will the event attract? How far away will spectators travel from? How many staff people will the event attract? Of the numbers listed above, what percentage will require overnight lodging? Athletes Teams % % Spectators Event Staff % % I GRANT AMOUNT REQUESTED: $ How will these grant funds be utilized? VERY IMPORT ANT: It is the intent of this grant program to enable an organization to produce events and activities they could not otherwise provide but not for the organization to profit from the event. Therefore, the undersigned agrees to return the portion of the grant, when added to other event revenues including other contributions, exceed-s total event costs. This will enable the amount returned to the grant fund for future distribution. Please list the other sources of financial support (sponsorship, etc.) which you have pursued: Source: Committed: YES NO Amount: $ NO Amount: $ NO Amount: $ Committed: YES Committed: YES The undersigned certify 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 21, 2000 ITEM# ~(h) --------- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Facility Feasibility Study Consultant Selection ----- --------------- CATEGORY: BUDGET IMPACT: l CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $37,500 Expenditure Amt: $37,500 Contingency Reqd: none ---------- A TT ACHMENTS: Finance, Economic Development, and Regional Affairs Committee (FEDRAC) memo and proposal from Hunter Interests Inc. SUMMARY /BACKGROUND: The consultant selection is for the public facility feasibility study and the development of a tourism strategic plan for the City. The project is funded exclusively by the lodging tax revenue. A request for proposal was issued in January and four proposals were received. A panel conducted interviews on March 7, 2000, and unanimously selected Hunter Interests Inc. -------- CITY COUNCIL COMMITTEE RECOMMENDATION: The FEDRAC Committee recommends to the City Council to approve the consultant selection and authorize the City Manager to negotiate and execute the professional service agreement with Hunter Interests Inc. ----- CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommenda~ion to approve the consultant selection and authorize the City Manager to negotiate and execute the professional service agreement with Hunter Interests Inc. APPROVED FOR INCL USIO N IN COUNCIL P AC~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: APPROVED DENIED T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # ------------ - ------------------------------ ---- ------------ CITY OF FEDERAL WAY MEMORANDUM Subject: March 10, 2000 Finance, Econo . c Development and Regional Affairs Committee David H. Mose e.' ager Iwen Wang, Mana ement Services Director ~ Consultant Selection Date: To: Via: From: The Council has allocated $37,500 towards a public facility feasibility study and the development of a tourism strategic plan for the City as part of the 1999/2000 lodging tax revenue allocation. The Request for Proposal (RFP) was issued in January, and four proposals were submitted by the February 23 due date. Derek Matheson, myself, and Alison Corrigan, as a representative of the Lodging Tax Advisory Committee, reviewed the four proposals and selected two finalists for interview. An interview panel conducted the interviews on March 7, and recommends Hunter Interests Inc. (HII) of Annapolis, Maryland unanimously. HII brings an unique combination of real estate development and consulting background to the table and has experience in carrying projects from feasibility study to successful implementation, including facilitating public/private financing. HII is currently working with a number of local and west coast entities on a variety of projects. We believe they are the best choice for this project. Should you have any questions about the qualifications of the consultant recommended or the interview process, please feel free to contact Derek at 661-4671, or me at 661-4060. Attachment: Proposal form Hunter Interests Inc. Committee Recommendation: Forward Committee recommendation to full Council at their March 21 meeting to approve the consultant selection and authorize the City Manager to negotiate and execute the professional servIce. APPROVAL BY COMMITTEE: , Committee Member fesb study consltnt selection 3/10/2000 I' I I --- ~ Proposal Feasibility Study and Marketing Strategic Plan "I Prepared For: City of Federal Way, W A , J J J Prepared By: Hunter Interests Inc. Annapolis, MD . New York City. Ctearwater, FL February 23, 2000 HUNTER INTERESTS N C 0 R PO RAT E D February 22, 2000 Ms. Judy Dunker, Support Service Coordinator City of Federal Way 33530 1st Way South Federal Way, W A 98003 Dear Ms. Dunls:er and Selection Committee Members: 1 : We at Hunter Interests Inc. appreciate the opportunity to respond to your Request for Proposal to provide consulting services to the City of Federal Way. The purpose of this proposed study, as stated in your RFP, is to detennine the feasibility of developing an activity center in Federal Way and to prepare a strategic tourism development plan. The City has correctly recognized the numerous economic benefits that increased tourism and the development of a center that hosts conventions, exhibitions, community events, cultural arts, and sport facilities can provide to a city and to the surrounding region. Our finn's prior research of the Seattle market, particularly the areas in close proximity to Sea Tac, indicated a substantial amount of untapped market potential for a facility that is a able to accommodate a combination of public assembly events. The key is to properly position the facility within the market place to create a competitive advantage for the Federal Way Center and to maximize the appeal of the facility to end-users through the use of market-driven design programming and tourism- development strategy. ] I Our finn's team of professionals represents a level of project development and analysis talent that is unparalleled in the public assembly facility industry. Descriptions of an extensive list of similar projects on which our team has worked are included in the enclosed qualifications package. We have also included reswnes and a list of references that we encourage you to contact, not only to secure infonnation regarding our finn, but also to gain insight into our ability to successfully facilitate the development of public assembly projects. In addition, I have included an outline of my presentation from the recent CUED conference: "If you build it will they come?" in Tempe, Arizona. The outline detaiis many of the key steps in the public assembly facility development process. J ] ] ) I Below are summaries of four projects that illustrate Hunter Interests' unique experience, capabilities, and work approach, \vhich typically goes beyond conventional feasibility work to achievable recommendations. The result is enduring positive economic impacts for our clients, rather than a study that sits on the shelf and never gets implemented. ; U R 13 r\ NEe () '" () \ I I C S . F I :-; ..\ :\ C E . R I-: .\ L EST.-\ T E [) E \ :: LOP \\ [ :\ T \21 \IAIN STRFET '.\l\i"i:\POLlS. \1.-\RYL\,,[) 2!"(1! . PilJ! 269.1)03" FAX ':¡I)I 2S().t) I h-, , . ) I I _1 I J ) J J J ] HUNTER INTERESTS INCORPORATED Dunker February 22,2000 Page Two . Jackson, Mississippi, Hybrid Exhibition/Convention and Conference Training Center - Hunter Interests is currently involved in the development of a state-of-the-art meeting facility in the heart of the state capital, funded jointly by a new hotel bed tax and funds allocated by the Governor and state legislature.. The original concept of this project was a pure training center for telecommunication entities, which would serve as a tool to retain existing telecommunication companies in Mississippi, as well as attract additional telecommunication firms to the State. After analyzing the market potential of this unique facility concept, it was determined that the original concept was infeasible. However, HII's market research and analysis indicated an opportunity for a hybrid facility that would target multiple markets, including tradeshows, consumer shows, and large state and regional conventions. The current partnership includes the City of Jackson and the Jackson Convention and Visitors Bureaus, which is responsible for the development of the exhibition and convention component of the project that will be adjacent to the State-funded conference center. The conference center will be integrated with a new 4-star, privately owned hotel. HII is currently creating operating agreements and a booking policy for the complex as well as finalizing the financing package and negotiating the public/private partnership. . Virginia Beach Public Assembly Facility Development Strategy - HI! is currently serving as advisor to the City of Virginia Beach in the development of a strategy for expanding their existing exhibition and convention center and developing a conference center and headquarters hotel. The comprehensive development strategy will include a financing plan, redevelopment of two key oceanfront parcels through the creation of public/private development partnerships, site recommendations, detailed cost estimates, and a financing plan. Previously, HII provided market-driven design programming which involves accommodating potential end users' needs into the optimal size and market origination of the exhibition and conference facilities in the City'sTesort area. The strategic plan will serve as a blueprint to expand and enhance Virginia Beach's existing tourism industry. . Manchester, New Hampshire, Civic Center - Hunter Interests conducted a detailed market study, financial analysis, financing plan, and fiscal impact analysis for a $45 million arena, with convention exhibition space and breakout rooms, as the first phase of a downtown convention center/hotel HUNTER INTERES T S I N COR P 0 RAT E D Dunker February 22, 2000 Page Three I complex. The Manchester City Council unanimously endorsed our recommended financing strategy. Mr. Hunter assisted the City in negotiating a revenue bond guarantee with the state government. The project leverages the redevelopment of an adjacent multi-story mill building by being functionally integrated with this historic structure and using lower cost renovated space in the existing building to achieve certain construction economies. This project was recommended in the award-winning Intown Manchester Plan prepared by HI! and a participating planning firm. J J I J J HI! typically continues to assist its clients with detailed feasibility analysis, procurement of financing, and owner's representative services to implement projects which are conceived in its planning programs. Manchester is an excellent example of this continuing service. The Manchester project also demonstrates our ability to plan a broader economic development strategy and implement it by proving financial feasibility for a sizable action project which will, in turn, heighten investor confidence in an area and assist in the attraction of private sector investment. . Kent, Washington - HII is currently conducting a market analysis for a conference/convention center to be located in downtown Kent. The facility will target smaller conventions, consumers and trade shows, and conferences that are not large enough in terms of room night generation to be able to book the larger Seattle Convention Center, which is 30 minutes from dO\\'l1tOwn Kent. The convention facility will be part of a mixed use public/private development project which will include a.-tr:;insj~J?~on, perfOl1!lllg_arts center, retail, movie .theflter, andhO!el(s). -...---.-- --_._-_...:::-:==- - - ----==- "'-.-..:::::: ] ] These four projects exemplify the fact that determining the feasibility of public assembly projects in 2000 and beyond often cannot rely on a conventional supply and demand analysis that focuses on traditional share capture analysis of existing demand segments. Hunter Interests' extensive experience as both real estate developers' and consultants enables us to uncover the unique market opportunities and niches that support successful projects. This type of innovative planning goes a long way in strengthening the market appeal of a public assembly facility resulting in facilities that have a competitive advantage and create enduring economic impacts. ] ) I ; I I . ] -, i ! i - j . } I. J J I OJ J . ] ] ] j ] ) HUNTER INTERESTS I N COR PO RAT E 0 Dunker February 22,2000 Page Four Finally, I would like to point out a number of the characteristics of our firm and work approach as they relate to the task ahead for the City of Federal Way. Critical Mass - Although the term "critical mass" has been overused and abused in reference to real estate projects, it is an important economic threshold above which projects are generative (expanding other markets and attracting other uses) and below which a project tends to serve only a single market (realizing direct impacts, but no significant indirect or synergistic impacts). As economists, we are particularly sensitive to critical mass thresholds and we conduct our feasibility analyses using techniques which isolate and measure additional streams of market demand that a project can realize if it is over a certain size threshold or includes a combination of uses which attract people for difference purposes. In planning a public assembly facility there should be a careful analysis of all potential markets which can be tapped, and all customer/user groups that can be attracted into the area. Then, the challenge is to further serve those groups by providing additional foodJbeverage, entertainment, and retail. This will encourage people to extend stays, trigger repeat visits, and heighten visitor experiences so that they wish to return to Federal Way for leisure and business. We will research and make recommendations concerning possible synergistic development opportunities. The opportunity to create synergy will playa major role in our recommendations and strategic plan. Firm Objectives - During HII's 13-year history, we have demonstrated continuity in management, since all of the firm's assignments are supervised by Mr. Donald E. Hunter, president and principal owner, or one of two vice presidents. Mr. Hunter retired from a larger consulting firm that he built between 1975 and 1986, in order to manage projects more tightly in a smaller corporatè structure. HII has a management system which was designed to eliminate the problems Mr. Hunter encountered in three previous consulting fim1s. The best evidence of HII's ability to perform is that our clients come back to I-III for repeat assignments, time and time again. We pride ourselves on long-term relationships and client satisfaction. One of the primary focuses of our practice is the facilitation of complicated mixed - use ~lopment projects that i~I~£ublic assembly facilities as anchors or catalysts. As economic development specialists, we understand the substantial economic gains that can be realized through the development of exhibition facilities, especially when utilized [0 leverage private sector investment in hotels, conference facilities, and support infrastructure, such as entertainment, foodlbeverage, and retail. HUNTER INTERESTS [ N COR P 0 RAT E D Dunker February 22, 2000 Page Five . Hands-on Experience in Guiding Similar Initiatives - In similar market situations our staff has guided nmnerous public sector clients in a process much like the one that the City of Federal Way will face. HII has developed a nmnber of successful economic development strategies for cities throughout the United States. Each strategy includes a tourism development plan which often includes public assembly facility development, entertainment development strategy, and an overall marketing strategy for the city's tourism offering. Don Hunter heads the Council for Economic Development's tourism development committee. Simply put, there is no substitute for experience in these situations. We understand the many obstacles that your City staff will encounter and are prepared to assist them in this critical initiative. I will serve as the project manager and be the primary person conducting research and analysis and will be assisted by Don Hunter in the preparation of strategic recommendations and overall project positioning. .1 i ! J J I ] ] 1 I ) J J I We would be happy to answer any questions concerning our qualifications and how we may be of assistance to you in making this exciting development opportunity a reality. Thank you again for considering our finn for this important assignment. Sincerely, HUNTER INTERESTS INe. ~ ~ G. -::f-, -"~ --7 ~ //11 . ?/2 &. v Geoffe. Graham ~,' Vice President --- ¡ ~ - r' ; .n.. .- - .. . -. . I . i HUNTER INTERESTS IN COR PO RAT ED I. Proposed Work Program I . A. Kick-off Meeting' We propose to begin the engagement with a kick-off meeting with City officials to review the scope of work, procedures, and overall planning of the project. The purpose is to thoroughly discuss all issues of concern to Committee members, and ensure that our work program adequately addresses these concerns. In addition, with your assi~tance we would identify other individuals whom we would either meet or call as part of the investigative portion of the engagement. B. Market Analysis 1. Demand Analysis J J I I I I I Based on our team's extensive experience analyzing the demand side of public assembly markets, we have designed a research plan especially for this project which will enable us to objectively assist in the design of a strategy to enhance Federal Way's tourism offering and ability to host sports, cultural arts and community events. The research plan includes a combination of return-by-mail surveys, and telephone and in-person interviews of meeting and event planners and officials of organizations within the potential target markets. We have included in our planning process background information and knowledge developed during our prior work for other center's of other public assembly, performing arts and meeting. facilities in the metro area. For instance, the strength of the Sea Tac full service' hotel market creates opportunities for adjacent communities such as Federal Way that can be captured through the development of convention and tradeshow facilities. We will investigate the six standard horizontal markets, as follows: . Corporations Regional and state associations Government agencies Educational institutions Sporting and entertainment events Social, military, ethnic, religious and fraternal (SMERF) organizations . . . J I J J . . HUNTER INTERESTS IN COR PO RAT E D I o. Concurrent with the mail survey process, we will conduct a series of telephone interviews from a separate list of professional, full-time meeting/event planners and other officials of selected organizations who would have input into the selection of meeting sites. TIris process enables us to obtain additional information concerning the important issues in site selection and a better description of the types of meetings and other events, which might be held at the facility in Federal Way. . I I The final step. in the meetings demand research phase will be the scheduling and conduct of a series of in-person interviews of selected community event, meeting, performing art.s planners and other executives/promoters as may be appropriate. The list of candidates for these interviews will be developed as the engagement proceeds and will most likely include some respondents to the other two survey tasks, in particular those who have indicated a willingness or desire to participate further in the planning process. ~e_'E~y'ç_QI)dUCULseries of charrettes or. focus groups as part of this process. / J I .J :] } We will summarize the results of our market research, identifying the horizontal and ;' vertical markets offering the greatest potential for use of a public assembly facility located in Federal Way, the geographic areas from which a majority of the demand is likely to originate, Rl1d the names of specific demand generators who have' indicated significant potential use. .,' c. Public Assembly Facility Recommendations Based on our market research, we will develop conclusions and recommendations regarding: . Identification of potential sources of demand and potential usage. . Facilities and services, which would be needed to attract and accommodate, identified demand sources. J ] Our facilities analysis \vill be presented in the form o~~~~ndatio~~~+-> which would describe the project's likely competitive position. Included as part of the facility recommendations will be the identification of t~e mS??L~propriate -- Jite{j) based on the type and scope of the facility(ies) and taking into consideratiòn characteristics such as accessibility, surrounding land uses, topography, proximity to the hotel supply, transportation links, cost, ease of acquisition, and nearby attractions. J Our site evaluation wi!! include consideration of the site preparation challenges from the standpoint of activities that the site must support, such as delivery of exhibits, attendee circulation patterns, parking, and potential for expansion. J 3 ¡ . i ! HUNTER INTERESTS IN COR PO RAT E D ! .- In addition, recommendations regarding site suitability will include the impact that site selection will have on the success of the project and the ability to successfully leverage spin-off economic development. ------- - - - . - Before completion of this task, we will meet with City officials to discuss the likely tradeoffs of different development scenarios and potential sites in order to reach a consensus on the preferred development scenario. Issues and industry trends that will likely be a focus of this discussion will include the following: . Convention-oriented facilities must be marketed in a higWy competitive \ environment that takes into account the attractiveness of the area as a I destination, the~pporting infrastructure and amenities provided, and the ~.sl-cl.. the event, both to the event sponsor and to the attendee. In contrast, purely civic facilities serve the needs of the local and regional area population with regard to entertainment, local community and social gatherings, consumer shows, retail shows, and similar activities. ! j J Primary economic imp'act__~Y~!lts ~e!þose y¡itb. a non-local attendance, which include conventions, trade shows, corporate and association meetings, and educational seminars. Limited economic impact events with primarily local attendance include public shows, consumer shows (e.g. garden shows, boat shows, home shows) banquet/reception events, concert/theater events, and civic/social events. Facilities that focus on primary economic impa~t events txp-i<;..allv require an ; ongoing operating subsid'y. On the other hand, facilities that focus on '~" ,typically generate an operating surplus. However, community-oriented. f<!.cmti~s !. .typically do_nQt.~tip1Ulate_sufficienLeCOnQmic impact justify_the. capital inves~ent Ii ~~~~.~arr..t? ~~v~)2P facilities that focus only on gate events. . I ] Therefore, the key to the overall financial and operational success of a development which must stimulate economic development and be financially self-sufficient is to create a facility which serves both o(.!.hes~_di~Ds:JJ2W.O~ù.y_stxiking.__Lçareful balanGe..be.ty¿een the scope/design of the center, the resulting cost of development, and the economic benefit realized by the surrounding community. ] J ] D. Competitive Destination/Supply Analysis We will conduct separate surveys of competitive destinations and their public assembly tàcilities and of comparable destinations to Federal Way and the Puget Sound Region in other market areas in the United States as well as within the Puget ] 4 HUNTER INTERESTS IN COR PO RAT ED ¡ I I o. Sound region. This analysis will include proposed projects in surrounding communities and cities that will impact the market orientation and positioning of the Federal Way facility. The competitive/comparable destination and facilities analysis will address: . Locational attributes and special conditions Amenities Size Accessibility Primary feeder markets Operational performance SWOT analysis (strengths, weakness, opportunities, and threats) . . . . . . E. Utilization and Initial Financial Analysis Based on the preceding market research and the prefelTed development scenario of the City as determined in the prior task, we will develop estimates of overall utilization and utilization by market segment as well as estimates of annual revenues generated by uses. This analysis will include the first five full years of operations, based on an assumed opening date. Included, as a related part of this analysis will be recommended rate structures for the various elements of demand based on seasonal competitive factors. v OJ Preliminary estimates of operating expenses will also be prepared, and a five-year cash flow analysis will be constructed. While preliminary in nature, this fmancial analysis will allow initial determinations of economic viability and the extent to which operating subsidies may be required in the early years of operation prior to stabilization and maturation of market penetration. Public assembly facilities typically stabilize in the fourth year of operations, so the five-year cash flow will be able to gi ve the City a good initial sense of the project's economic viability, and the need for facility alterations where broader market penetration is needed in order to achieve economic viability. J I J F. Preliminary Capital Budget We wil1 prepare a preliminary capital budget for the project based on the recommended tàcilities and site considerations from our initial site/location analysis and services. This preliminary budget will include land acquisition costs; construction and outfitting of the project based on industry standards, and budgets ] 5 HUNTER INTERESTS IN COR PO RAT E D for any specialized equipment or services. The preliminary capital budget will also include reserve and replacement accounts to keep the project and its equipment up to date and compatible with user needs. G. Preparation of Funding and Partnership Scenarios Based on the preliminary estimates of utilization, the resulting prospective financial analysis and the preliminary capital budget for the project, we will be in a position to provide r~commendations of possible funding sources and partnership opportunities. Funding and partnerships considerations will include but not be limited to the formulation of anchor end-user agreements, educational foundation grants, state funding, use of hospitality tax, use of bonds, corporate sponsorship in exchange for naming rights, and public/private mixed use developments. v J I Based on the results of Phase I research and the resulting capital budget, we will prepare pro formas which detail the anticipated funding elements for the project. We will provide calculations of supportable debt and equity, returns on investment and equity, and calculation of an internal rate of return. Any capital gaps or deficiencies in the financial analysis ITom the standpoint of normal industry standards will be noted, and, if appropriate, we will make recommendations for gap financing with a view toward achieving acceptable investment thresholds normally approved by institutional lenders. This threshold analysis is extremely important. The goal of this analysis is to achieve a feasible project, not simply define an infeasible one. Our experience as developers in financing nwnerous similar ventures in other communities will be invaluable in this regard. HI! prides itself on being a real estate development problem solving company with the ability to make feasible projects out of typically infeasible ones. Through iterative processes of finàncial analysis, cost reduction, quality adjustments, and other real estate development packaging techniques, we will endeavor to achieve the highest quality facility that is realistically possible within market and financial constraints. -------------... H. Economic Impact J j In order to properly communicate the benefits of the envisioned project(s) to the community, HI! will prepare an impact analysis for the project. The impact analysis will include an assessment of impacts on existing economic conditions in the greater Federal Way area. It is our nom1al practice to conduct impact analyses to demonstrate how "up front" public sector capital costs might be, in effect, paid by the project. For example, we may demonstrate the tax flow increase as a result of increased visitor spending and spin-off deve!opments. A present value analysis J ] 6 HlnNTERINTERESTS INCORPORATED of these flows will show these aspects of the value of the project to local governments. HII has considerable experience in demonstrating the economic development value and the fiscal value of projects of this type to local governments. All such decisions on impact techniques to be employed in this task will be discussed thoroughly with the client. before such exercises are undertaken. The estimated public sector cost of each alternative will in turn be compared to the direct, indirect and induced economic impact of each development alternative in order to evaluate the cost/benefit relationship of various development alternatives. Economic impacts will include total private sector investment; jobs created; direct, indirect and induced spending injected into the local and regional economy; and benefits to surrounding neighborhoods and communities. A preliminary fiscal impact analysis will alsò be prepared using CUITent tax rates and assessment and taxing practices of appropriate local and state jurisdictions. A calculation of the capitalized value of the tax flow increase from the property will be included in this analysis so that the City of Federal Way can compare the economic value of the proposed development with their capital investment in the site to date, and any additional investment requirements. J I I. Tourism Marketing Plan \ The. market res~arth conduc:ed in Phase I. will serve as the b~sis for. the ~v~ntual)-1(1tf;~A~ tounsm marketIng plan. This research wIll serve as the basIs for IdentIfyIng a I' . \ market focus for the greater Federal Way area and the development of an action I plan for the next three to five years. ~e will provide a set of r~~~gda~io~¡ I which wiltpQ~:Üti.on. _the_.gre_~~~!_J~~~~-}Y!!Y_~~.ê:¿QJ2ropriatel y in the r~g!9nal ~ rÍÎãrketplace. These recommendations will include identification of the most) áppropriateand lucrative (from an economic impact standpoint) target markets, pricing strategies, yield management and booking policies, and the most effective advertising and promotion mediums. ] J j ] A major strength of our work approach is its focus 011. i.mplemen_t?!i<2}!~ _çlevelop.!Jl~t. From the outset we will identify feasible development projects that hold promise for quick implementation. Under this task, HI! will prepare a step- by-step implementation process for all feasible development components. ~ecitìc ro~s and ~~~po~?ibil~ties for community organizations and government agencies will be identified, along with procedures for packaging high priority projects. J ) 7 ! . HUNTER INTERESTS INCORPORATED HII will identify and critique barriers to tO11ri<:m hlVpm-nent and attractions such as .Qarcel size, tr~sportation operations and accessibility, ~destriarì accommodations, existing land uses and physical conditions, existing government services and programs, surrounding ~.and ~es,jmage, and code requirf".mpnts The results of the above tasks will be used to identify specific catalysts. In this task we will develop a structure for each target intuitive/project, including: .r---- . . Preliminary recommendations regarding overall project feasibility (i.e., market support, ~asic financing assumptions, fimding sources and investment returns). Required fonn and magnitude of development incentives. Expected project timing and phasing. Expected roles of various public and private organizations in project implementation and an effective organizational structure to implement the proposed plan. Preliminary public investment costs and benefits. . . . . -.I I J. Report and Presentation All work described above will be sununarized in a final project report, including tables, charts, and graphs. This report will be prepared in a manner that will help solicit investment/development groups for the project. It could als9 be used for securing a consensus of support for the project locally and for securing financing for the project. The report will include an Executive Sununary which is suitable for separate publication and broader dissemination in the community. Detailed technical analysis above may be included in appendices to facilitate the readability of the final report document. Although the scopè of the report will evolve as the engagement proceeds, the following outline should provide an indication of the expected fonnat: . Introduction and Scope Executive Summary Facility Concept and Mission Competitive Environment Evaluation of Existing Facilities Demand Analysis and Special User Groups Facilities Recommendations Site Recommendations and Evaluation Estimated Utilization and Rates Initial Financial Analysis . . ] J .J . . . . . . . ] 8 \ I I I - HUNTER INTERESTS IN COR PO RAT E D . Prelinúnary Capital Budget . Economic Impact C' Tourism MãïKëtìng -~~ . CritICal I>ath Events Schedule ¡ I .1 I I - J J I ] J J ] ] Throughout the above work process we seek a close working relationship with City officials and other interested parties. We envision several meetings and progress reports during this process. We will verbally test our initial findings and conclusions ~th City officials before they are committed to written reports. Partnership members will be given ample opportunity to question and challenge our findings and recommendations. 9 I - J I I" J 1 J ] HUNTER INTERESTS I N COR PO RAT E D Corporate Description Hunter Interests Inc. is a full service real estate economics and financial consulting finn based in Annapolis, Maryland, with offices in Florida and New York City. The finn has experience in virtually all types of development throughout the United States and abroad. It specializes in large scale, mixed use development projects in urban areas, the packaging of innovative public/private partnerships, and downtown revitalization strategies. Hunter Interests Inc. offers a complete array of feasibility study services, including market studies, financing plans, fiscal impact analyses, development and management programs, marketing strategies, developer solicitation and selection, negotiation of development agreements and the procurement of project financing. The firm's client? include large and small developers, local governments, and quasi- public development organizations. Mr. Donald E. Hunter formed Hunter Interests Inc. in 1986 after 11 years as co- owner of another large consulting fmn which pioneered new development and financing techniques. Hunter Interests Inc. applies this knowledge and experience to its own development projects and those of its clients, with more personalized service and greater principal involvement. The staff and affiliates of Hunter Interests Inc. include some of the top_professionals in the fields of urban economics, develop¡pent finance, organizational management, hospitality and tourism, gaming and entertainment districts, waterfront development, economic and fiscal impact, real estate appraisals, senior housing, site planning, and architecture. All consulting assignments are either personally managed by Mr. Hunter or one of the firm's vice presidents. Hunter Interests also has a development division which conducts strategic property acquisitions, land assemblages, and capital development projects. The tinn's combined experience as a developer and economic consultant is unique in our business and commands additional respect from development companies and financial institutions. HUNTER INTERESTS IN COR PO RAT ED ¡ .. J I J ] Economic Analysis and Strategic Planning for: Convention Centers, Exposition Centers, Conference Centers, Hotels, Resorts, and Sports Facilities The principals and staff at Hunter Interests Inc. have considerable experience in conducting economic analysis and feasibility studies for convention and exhibition centers, conference centers, civic centers, hotel, and resort projects. The projects summarized below describe this eXperience. . Albany, New York Empire Convention and Exhibition Center - HII conducted a market analysis and developed a strategic plan for the expansion of the Empire State Convention Center which is the only state owned and operated convention center in the Country. The strategic plan included recommendations to induce private sector investment in support facilities such as hotels, restaurants, and entertainment as well as an overall financing strategy. Currently Phase I recommendations are being implemented. . Jackson, Mississippi Convention Center and Conference Center - illI is assisting the State of Mississippi and the City of Jackson in the development of a two-phase public assembly facility which will include a high tech conference center, convention and exhibition center, headquarters hotel, and an urban entertainment center. Previously illI conducted an in-depth market analysis for the convention and conference component. HII prepared a request for proposal for private sector partners, developed an overall financing strategy for the projects, conducted in-depth site analysis and represented the State in all contract negotiations with project partners which included the City of Jackson, private sector developers, and third party investors. . Virginia Beach Public Assembly Expansion Plan - HII conducted a market analysis for a convention and tradeshow facility. Market analysis work was followed by the preparation of a strategic. plan to strengthen the city's convention. entertainment, and hotel offering. HII provided site recommendations, market-driven design programming for the convention and exhibition facility, developed a financing plan and a strategic plan to enhance the resort area's offering for convention, exhibition, and consumer shows. HII also developed a Request for Proposals for private sector partners and represents the City in the creation of public/private partnerships in the resort area. . Palm Beach, Florida Convention Center - HII conducted a market analysis to determine the potential room night generation in Palm Beach County as a result oftbe planned development ora convention center in \Vest Palm Beach. I . HUNTER INTERES T S IN COR PO RAT ED convention, entertainment, and hotel offering. HI! provided site recommendations,' market-driven design programming for the convention and exhibition facility, and developed a financing plan and a strategic plan to enhance the resort area's offering for cQnvention, e~bition, and consumer shows. HI! also developed a Request for Proposals for pøvate sector partners and represents the City in the creation of public/private partnerships in the resort area. . Palm Beach, Florida Convention Center - HII conducted a market analysis t~ detennine the potential room night generation in Palm Beach County as a result of the planned development of a convention center in West Palm Beach. Findings were used to detennine the ability to finance the project through the use of a hotel room tax. . Downtown Seattle Waterfront Project - Hunter ~nterests assisted the Port of Seattle in the planning and development of the cen~ral waterfront in downtown Seattle, Washington. This prime property is located near the historic Pike Place Market and the Seattle Aquarium. The private development components include a 150,000 square foot office project, a luxury waterfront hotel, specialty retail, a 50-room inn, and a ISO-unit /_~'iirlf'.ntiHl p~ Public sector ~omponents include a new internatio~al, ./ ~ hIgh-tech conferen..i.~enter, manna, restaurant, museum, and workIng , waterfront facilities. The finn conducted market and financial feasibility studies for private development components and assist~d developer solicitation procedures. .J J ] ] . Baltimore Convention Center/Hotel - Mr. Hunter's finn conducted the initial economic feasibility study for the downtown waterfront Hyatt Regency Hotel and phase one of the Baltimore Convention Center. Economic advice on two subsequent hotel projects followed this initial new hotel development on the Inner Harbor when Baltimore's historic downtown renaissance was in its early stages. . Greenville Commons Community Center and Hyatt Regency Hotel- NIr. Hunter's finn conducted all feasibility studies and negotiated tìnancing and development agreements for the innovative Greenville Commons project in Greenville, South Carolina. This early public/private partnership creatively used federal monies for conference facilities, parking and atrium space which is a public park that serves as a focal point of community life, making a Hyatt Regency Hotel tèasible in a Holiday Inn market. The project received considerable national and international publicity as one of the first highly leveraged public participation ventures, and became a model for numerous UDAG projects during the 1980s. HUNTER INTERESTS j j J ] ] IN COR PO RAT E D . Manchester, New Hampshire Civic Center - The firm conducted a detailed market study, financial analysis, financing plan, and fiscal impact analysis for a $45 million arena, with convention exhibition space and breakout rooms, as the first phase of a downtown convention centerlhotel complex. The Manchester City Council unanimously endorsed our recommended financing strategy. Mr. Hunter assisted the City in negotiating a revenue bond guarantee with the state govemment. The project leverages the redevelopment of an adjacent multi-story mill building by being functionally integrated with this historic structure and using lower cost renovated .space in the existing building to achieve certain construction economies. This project was recommended in the award-winning Into""n Manchester Plan prepared recently by HII and a participating planning firm. HII typically continues to assist its clients with detailed feasibility analysis, procurement of financing, and owner's representative services to implement projects which are conceived in its planning programs. Manchester is an excellent example of this continuing service. The Manchester project also demonstrates our ability to plan a broader downtown redevelopment strategy and implement it by proving financial feasibility for a sizable action project which will, in turn, heighten investor confidence in the downtown area and assist the implementation of other redevelopment projects. . Asheville, North Carolina - Hunter Interests is currently representing the City of Asheville in developer solicitations and negotiations for a downtown mixed use development. This development will serve as anchor for the City's hospitality district and create a linkage to the downtown residential, corporate and residential districts. The development plan includes a public market similar to Pike Place in Seattle, a high quality hotel, entertainment, and parking facilities-all to be linked by a privately funded park and promenade. . Mobile Convention CenterlHotel - HII assisted the City of Mobile, Alabama, in detennining a method to finance a 600-room convention headquarters hotel on a site adjacent to a $55 million convention center, which was recently completed. A unique casino gambling strategy is being used to leverage the hotel after the City failed to secure a development commitment during a tour-year effort. Two of the nation's largest gaming operators validated the tinn's technical work by agreeing to finance, construct, own, and operate the casinolhotel complex. . Redskins Stadium Economic Impact Analysis - The team of Hunter Interests Inc. and Anita Kramer & Associates was selected through a competitive procurement by M-NCPPC to conduct a detailed economic impact analysis of Reclskins Stadium, subsequently named Jack Kent Cooke Stadium. I .- j J I J ! , 1 I j J 1 I I HUNTER INTERESTS IN COR ~ 0 RAT E D The actual economic impacts realized by other recently constructed stadiums were first surveyed in detail. A detailed analysis of traffic flows and surrounding properties was next conducted. Finally, specific redevelopment and revitalization strategies were recommended to take advantage of market strengths and trends in the area in order to maximize the impacts of stadium development. During this project HII and AKA principals established an excellent database on PG County markets and studied properties in zip code 20743 in detail. . Mexico City Eco-Resort - The finn is presently advising an environmental foundation 'on development of Mexico's flIst international eco-resort which will be anchored by an 85,000 square foot conference center and 400-room hotel. HII conducted a detailed market analysis and financial feasibility assessment for the conference centerlhotel project and is advising the client on development and fmancing strategies. . Charlotte Downtown Sports Arena - Mr. Hunter and his colleagues conducted a detailed economic feasibility analysis for a 20,OOO-seat do\VI1to\VI1 sports arena in Charlotte, North Carolina. The arena was part of a larger downto\VI1 redevelopment strategy which included an expansion of the downto\VI1 convention center, corporate headquarters for a national Charlotte- based company, and retail/parking improvements on several blocks adjacent to the downtown retail core. . Kingsport Conference Center/Hotel - Mr. Hunter is the owner/developer of the Kingsport Resort Community on the Potomac River south of Washington, Dc. The project includes a 200-room hotel and 24,000 square foot conference center in the first construction phase. A complete market feasibility analysis and financing plan was conducted in 1992. . Allentown, Pennsylvania, Hybrid Exhibit and High-Tech Conference Center - The leaders of Allentown, in an effort to revitalize the central business district, contracted with a large national consulting finn to conduct a feasibility study for an exhibition and convention facility. Initial findings concluded that the proposed facility was infeasible, causing the project to be tern1inated. However, in a recent planning initiative led by HI!, the concept of a public assembly facility in Allentown was revisited. After analyzing all the potential demand segments available, as well as partnership opportunities, HII recommended a unique strategy of creating.a hybrid high-tech conference and training center with a multipurpose exhibition tãcilíty. HUNTER INTERESTS J J J 1 j J IN COR PO RAT E D The high-tech portion of the center will create a reason for regional association, education, and training demand to consider Allentown a viable meeting and training destination which, in turn, will make the larger exhibition and convention facility attractive for larger, all-constituent association meetings. The effect will be a dramatic expansion of meeting demand levels which will benefit the previously flat hotel market. In ad.dition, the high-tech portion Ofth~,. facility will serve as an inducement to attract a high-tech employer to downto Allentown. The employer will serve as an anchor tenant for the facility, which will eliminate the need for ongoing operating subsidies for the center. . Green Bay Downtown Convention Center/Arena - The firm recently worked in Green Bay, Wisconsin, on a downtown redevelopment strategy that includes expansion of an existing downtown convention center and a new sports arena. An existing II,OOO-seat arena has been judged too small for larger events and will be used in the future as a secondary facility with the new 18,400-seat arena becoming the primary facility for a wide variety of amateur sports events. The firm's work included detailed economic feasibility studies, and bringing a team of experts on comparable facilities in other communities to Green Bay for a series of workshops and public forums on all elements of the HII downtown strategy. . Tallahassee, Florida, Civic Center Expansion and Headquarters Hotel - Hunter Interests was recently engaged by the City to assist in the development of a strategy to improve the state capital's meeting offering, specifically targeting the state association and executive education demand segments. After analyzing the market situation, HII recommended that the existing civic center expand its meeting facilities to induce the private development of a high quality headquarters hotel (Tallahassee is currently vastly undersupplied in terms of quality hotels), which would serve both Florida State University's executive education center and the expanded civic center. . Roanoke Convention Center - A senior HII staff member packaged the construction of a conference center along with the renovation of the 400-room Hotel Roanoke for Virginia Tech University. The work included detailed market analysis, a financing plan, and assistance in negotiating the $50 million public/private agreement. Another member of our staff subsequently prepared a detailed user groups analysis which \vas used to prepare a facilities profile for the conference and convention center and to formulate operational agreements and booking policies . NJ TRANSIT Joint Development Project - HII is economic and financial advisor to the New Jersey Transit Corporation for a $230 million three-phased development program on air rights over one of the world's busiest multimodal , j .J J I .f '1 J J J ] HUNTER INTERESTS IN COR PO RAT E D transportation facilities. On the western shore of the Hudson River across from midtown Manhattan, this unique project includes a waterfront hotel and conference facility in an historic ferry building that will be renovated to include retail and office uses. The firm completed market and financial feasibility analyses and is advising the client on developer solicitation and negotiation procedures. . Conference Center/Hotel at the Dallas Zoo - HII is presently assisting the Dallas Zoo in a strategy to become financially self-sustaining by the year 2015. A uniquely. themed conference centerlhotel is one of several new developments that will be undertaken by the Zoo in conjunction with new exhibits and innovative entertainment concepts during the next 20 years. . Jakarta Conference Hotel - Mr. Hunter negotiated development and financing commitments for a conference hotel in Jakarta, Indonesia, when he was managing the development of the nation's largest industrial park for Westinghouse and the Central Government. Financing was provided by the WorId Banle . Shreveport Downtown Hotel and Expo Hall- Mr. Hunter's firm assisted the City and downtown development organization in assessing feasibility of a waterfront hotel adjacent to the Expo Hall conference facility. A group business market study was the basis for an Expo Hall expansion proposal which also improved the financial performance of the entire project. . Philadelphia Airport Mixed-use Development - Mr. Hunter is designated developer for a four-building complex at an Interstate 95 interchange south of the airport. The.first development phase includes a 230-room conference hotel oriented toward the airport conference market. . Richmond Downtown Coliseum and Sports Stadium - Mr. Hunter's firm has functioned as economic advisor to the City of Richmond, Virginia, since the mid-1970s when the firm co-authored the Richmond Downtown Plan. Capital projects that have been successfully constructed in downtown Richmond include the Coliseum Sports Arena, Convention Center, Marriott Headquarters Hotel, Virginia Center for the Performing Arts, and the Project One mixed use office retail/entertainment project. Mr. Hunter's firm did a complete economic and financial feasibility analysis for the Richmond Braves' minor league baseball stadium which was also successfully constructed in the late 1980s. The firm negotiated public/private development agreements for Project One and the Marriott Convention Headquarters Hotel. -J I J 1 J J HUNTER INTERES T S IN COR PO RAT E D . Clearwater Downtown Conference Hotel - The firm recently completed economic and fiscal impact assessments for a downtown mixed-use development on publicly owned property in downtown Clearwater, including a publi~ly funded civic center (to be constructed in three phases) and a headquarters hotel, as part of a strategy to leverage publicly owned land into new city hall space which the City can occupy at no capital cost. . Michigan Conference CenterlHotel - In St. Joseph, Michigan, IDI was economic consultant to a professional team that planned a - multi-use recreation/r~sidential development on a former industrial waterfront site. The project includes a waterfront conference center/hotel in the second phase for which illI conducted market and financial feasibility assessments and a separate fiscal impact analysis. . Dayton Downtown Hotel Expansion and Inn - HII assisted Dayton Citywide Development Corporation and the City of Dayton on the feasibility of expanding the Stouffer's" Hotel adjacent to the downtown convention center. In a separate assignment the firm conducted initial feasibility investigations for renovation of the historic Arcade Building into a motor inn, including introducing the City to an operator of projects of this type. " . Annapolis Waterfront Hotel and Conference Center - Mr. Hunter was a partner in a venture that planned a small waterfront hotel and conference center in conjunction with facilities at the u.S. Naval Academy, after WInnIng a national competition to become the hotel developer. . Biloxi Waterfront Hotel and Casino - HII recently completed an assignment for the City of Biloxi to assess the feasibility of a 400-room waterfront hotel in conjunction with the second phase of dockside riverboat casinos on the city- owned Point Cadet site. The project included negotiations with a designated developer and lessee, and several private vendors and governmental entities with leasehold rights on the site. . Alexandria Downtown Conference Hotel - HII recently completed a series of detailed tìnancial feasibility studies for the City of Alexandria, Virginia, as part of a negotiated rezoning process for a 21 million square foot mixed-use development along the Alexandria waterfront as an extension of the Crystal City development to the north. . Hoboken Waterfront Development - Mr. Hunter led negotiation teams in 1989 and 1991 that successfully negotiated portions of a major waterfront development to be undertaken by the New York and New Jersey Port Authority. I - .J I ] J 1 ] ] HUNTER INTERESTS IN COR PO RAT ED The City of Hoboken is the landowner and was Mr. Hunter's client during intensive negotiations which resulted in complex land lease and development agreements, including construction of a waterfront conference center hotel. . Kentucky Center for the Arts - Mr. Hunter's company managed a six-fmn feasibility analysis team for Gerald D. Hines Interests to package a mixed-use development project in downtown Louisville that included the Kentucky Center for the Arts. The complete feasibility package received the governor's approval and 70% of the capital monies were provided by the State since thjs unique cultural fac~lity served the entire state population. . Albuquerque Performing Arts Center - HII conducted a sophisticated economic analysis of eight different development proposals for a perfonning arts center in Albuquerque. A downtown location opposite the City's central square was eventually selected due to the ability to use the facility for conventions, conferences, and civic events as well as entertainment venue. . St. Petersburg Convention Center - Mr. Hunter's fiTIll had an office in St. Petersburg, Florida, for several years while packaging the expansion of the Bayfront Center, a perfonning arts facility that was being enlarged and converted to conference and exhibition usage. A complete feasibility analysis and financing program was prepared. \ " J " , ¡ ¡ "] I J ] I j "I J J J ] HUNTER INTERESTS. IN COR PO RAT ED Other Consulting Experience Examples of recent successful consu~ting assignments managed by the rum or overseen by Mr. Hunter include: . Winston-Salem, North Carolina - Hunter Interests prepared a downtown development plan with a focus on enhancing Winston-Salem's entertainment and convention offering. This action-oriented plan includes a strategy to draw regional and local tourists to downtown Winston-Salem with a unique entertainment project which currently does not exist in the regional marketplace. . City of Allentown, Pennsylvania Downtown Development Plan - Hunter Interests prepared an innovative downtown development plan which includes an analysis of the current economic, traffic, and parking conditions in downtown Allentown, P A. Our analysis included urban design recommendations and the preparation of a development plan which identified development opportunities, development packaging including developer solicitation, and a detailed implementation strategy. Early on in the work process our team identified a key project which will have a significant economic impact on Allentown and the region. Currently Hunter Interests is working on packaging this project in a manner which will leverage other spin-off development and turn around a decaying urban environment. ; . Albany Entertainment Strategy - Hunter Interests recently completed a strategic plan for new entertainment development in downtown Albany, New York. Development recommendations included the Albany Aquarium on the Hudson, creation of an Urban Entertainment Center in a reused meat packing warehouse, and framework for a restaurant row based on planned growth in riverfront attractions. All projects are proceeding. . NJ TRANSIT Terminal Mixed Use Development - Hunter Interests was hired for planning, feasibility analysis, developer solicitation and negotiation for a large-scale development on the 55 acre Hoboken Transit Tenninal site overlooking the Hudson River and Manhattan. Our work process was judged superior to a large number of competitors. Development goals have been estZlblished: market analysis is complete; parcelization and planning alternatives h<l\"e been prepared and implementation strategies for a three-phased dc\"elopment are complete. The finn assisted a successful developer solicitation for a Phase II mixed use tower. J . J J J ) HUNTER INTERESTS IN COR PO RAT ED . Lakewood Urban Enterprise Zone - Hunter Interests and The Atlantic Group recently completed a project in Lakewood, New Jersey, which focused on building community involvement through the use of vision testing in conjunction with a survey of existing market conditions. Our work approach included the evaluation of existing programs and services in Lakewood, followed by a market analysis of development and revitalization opportunities. This economic analysis became the basis for subsequent programs, strategies, and the zone development plan. . Ohio Stat~ University, Columbus, Ohio - Hunter Interests is currently involved i~ a major project with OSU's redevelopment arm, Campus Partners, that focuses on revitalizing and upgrading a key mixed use area adjacent to the University. The firm's role is to recommend specific market-supported opportunities, establish financial feasibility, and structure a joint venture between the University and private developers. The project will include a new University visitor's and admissions center, commercial office space, residential programming, retail businesses, entertainment venue, and a specialty grocery operation, all designed in a town center format which will serve both the University community and downtown Columbus. . Charlottesville, Virginia - Our finn was retained over several competitors to prepare an economic development strategy for the City, with the focus on downtown Charlottesville. Working closely with a task force of public/private sector leaders, part of HJI's work approach included conducting a workshop meeting with key City staff and approximately 80 attendees to assess market opportunities in Charlottesville and to recommend five specific actions for development in their dOVvl1town commercial district. . Edgewater Mixed Use Development - This 75-acre waterfront site in St. Joseph, Michigan, will accommodate marina, office, residential, hotel, and retail uses when the Master Plan is implemented during the balance of the 1990s. This fonner industrial site has toxic waste problems that will be cleaned up using an elaborate process involving state DNR, engineering, and environmental firms who are part of our project team. Hunter Interests is assisting with market and tìnancial analysis and development advisory services. . Annapolis Retail Analysis - Hll recently completed an analysis of three retail areas in historic dowl1town Annapolis, Mcryland. This effort was part of a larger study aimed at providing guidance to the City and property owners on economic development growth, tourism potentials, and retention of the scale and character of the old City. HUNTER INTERESTS IN COR PO RAT E D . Dallas Downtown Retail Mall - The City of Dallas wanted a regiomll shopping center in the downtown area to complement the headquarters of the Neiman Marcus department store. A national competition was reduced to three national development companies who proposed mixed use retail developments on three different downtown sites. Each company invested several hundred thousand dollars in site options, development plans and feasibility studies. As a national expert on downtown development, Mr. Hunter was asked to participate on a selection panel to evaluate development proposals and recommend a developer/site to the City. Mr. Hunter and the firm have participated in several similar developer solicitation and selection processes. . Alexandria 2020 - illI recently completed an extremely sophisticated financial analysis of an 18 million square foot 30-year development program proposed for the Potomac Railroad Yard in Alexandria, Virginia. A unique financial model was designed specifically for this project, and approximately 45 separate sensitivity runs of the model have been conducted to test various assumptions and variables. Mr. Hunter functions as the City's expert witness in public hearings and litigation related to this large economic development project. . Kirkland Downtown Parking Program - HII was traffic and parking consultant to the Kirkland Downtown Association (KDA) and the City of Kirkland, Washington. The firm prepared a comprehensive prn:king analysis and plan involving three new parking structures and a detailed pricing/management program. This work included analysis of traffic and parking conditions in 11 Washington cities including Seattle. . Fairfax Government Center - Mr. Hunter was principal in charge of financial analysis, developer solicitation and negotiations for the highly publicized public/private partnership which developed the 634,000 square foot government center in Fairfax County, Virginia. This unique arrangement saved the county approximately $62 million by allowing private developers to use part of the site in exchange for constructing the $80 million government center complex and making it available to government use. This project was modeled after several other public/private ventures for government facilities which Mr. Hunter packaged earlier in his consulting career. . Hoboken South Waterfront - Hunter Interests Inc. is presently financial consultant to the City of Hoboken for a 3.2 million square foot waterfront development across the Hudson River from the New York World Trade Center. Mr. Hunter has personally led a team of planners, attorneys and city staff / C .'. ;r .' : (/-- I '- . , } ¡ .. -,] I J 1 ;..) 1 J J J ] HUNTER INTERESTS I N COR PO RAT E D through preparations and negotiation of development agreements for the construction of a $680 million mixed use development. The project includes office space, 1400 residential units, a 400-room hotel, a 650-slip marina, 14 acres of public parks and open space, a new waterfront boulevard with a public use esplanad~, a small retail component, and support parking. In a highly charged political environment, Mr. Hunter negotiated with the NY/NJ Port Authority and twice reached acceptable agreements. . Kingsport - Mr. Hunter recently purchased 1400 acres of prime development property s<?uth of Washington, DC. Hunter Interests Inc. is now managing planning and development feasibility studies for a six-amenity destination resort and 1200 residential units. The finn's contract with Mr. Hunter is for services in excess of $500,000 for this $235 million project with 1.5 miles of Potomac River shoreline. . Scotts Creek - For a public sector client, Hunter Interests Inc. managed a three-finn consultant team which prepared a complete development feasibility analysis, plan and fiscal impact study for a sensitive waterfront site which was the subject of conflict between neighborhood interests and city government. The conflict was resolved through sensitive analysis and planning which involved satisfying both groups' objectives. . Ocean Center - HI! conceived of this $400 million mixed use waterfront development involving 2,000 residential units, a 400-room resort_hotel, 80,000 square feet of office space, 40,000 square feet of retail space, a marine industrial center, support parking and a 735-slip marina. The finn negotiated land acquisition an-angements; made preliminary an-angements for utility service; prepared a complete market and financial analysis; conducted conceptual design studies for individual buildings after preparing an overall master plan; and functioned as developer's representative through land acquisition and project financing negotiations. . Filiorum Property - The finn managed development feasibility analysis and property sale negotiations for a private owner of 320 acres of ocean view property on the Palos Verdes Peninsula in Los Angeles. Considerable value \vas created on the property during the finn's work by clearing certain predevelopment hurdles and encouraging several prospective purchasers into a competitive arrangement which bid the value of the property up. During approximately one year of the finn's management services, the value of the property more than tripled. Mr. Hunter personally negotiated the sale of the company which held the property in order to minimize his client's ta,'( consequences. t' I I ' 1 1 1 \ J I I , I 'j I I J J j ] HUNTER INTERESTS IN COR PO RAT E D . Papermill Pond - The fmn conducted a complete market analysis for a 903- unit waterfront golf course development which was positioned to participate in the Washington, DC, second home market and regional retirement market. A development program involving the phased development of four different residential products and a large amenity program was accepted by the client. The study created considerable value on the property as well as solving numerous predevelopment problems. The finn continued to assist in development and sales negotiations. . Albuquerque Performing Arts Center - The City of Albuquerque retained Hunter Interests Inc. to conduct an economic analysis of six different sites for a $64 million performing arts center. The finn completed a sophisticated analysis of development costs and benefits in a short 2.5 month period to confonn with the City Council's decision schedule. . Dodge Main Plant Reuse - Selected over 40 competitive consulting firms, Mr. Hunter assembled a five-finn team which was selected to plan the reuse of the 5 million square foot Dodge Main Manufacturing Complex in Hamtramck, Michigan, outside of Detroit. More than 85 different reuse alternatives were considered in paraliel with seeking a new automotive assembly plant for the site. An $800 million development project resulted with approximately $200 million in public monies, and the Nation's largest urban renewal project was launched to deliver a site to General Motors for the high tech, robotic assembly plant which now occupies the site. A controversial project which went ,ahead despite organized resistance from Ralph Nader and others, and media coverage from "Sixty Minutes" and other network television shows and national magazines, this successful redevelopment effort now provides over 2,000 jobs and significant tax base for Hamtramck and Detroit. ; . Other Projects - HII consults on economic base studies, real estate development projects, and other economic analysis as part of its normal consulting practice. The firm regularly undertakes market and financial feasibility studies. fiscal impact assessments, and other technical economic analysis assignments as part of specific project planning programs and broader city-wide economic development strategies, Examples of other projects can be provided upon request. J I I I ~] 'I J -' I I J J ] ] HUNTER INTERESTS IN COR PO RAT ED Development Experience . . During the eleven years that Mr. Hunter. was co-owner of ZHA, Inc., the fmn packaged numerous innovative development projects including Greenville Commons, Palmetto Center, Star Center, Project One, the Virginia Center for the Perfonning Arts, The Kentucky Center for the Arts, the Southern Bell regional headquarters, the Tennessee Valley Authority office complex, River Village, 22 major hotel developments, numerous mixed use compìexes and residential projects. Seventeen of the finns projects were considered truly innovative and state of the art, and were used as examples of "how to do urban mixed use developments" in the Urban Land Institute's Downtown Development Handbook published in 1980. Mr. Hunter and his colleagues at Hunter Interests Inc. have stayed on the leading edge of new development techniques since these earlier experiences. Mr. Hunter has also fonned and owned several successful development enterprises during his 30-year career. In 1980 with two partners, he formed a development company which grew to be the 23rd largest in the nation in only five years. He also fonned a real estate finance and portfolio management company which successfully built his investment portfolio and that of other substantial investors. Hunter Interests Inc. now functions in this capacity since Mr. Hunter initiated the profitable sale of his interest in these enterprises. A cross section of development projects which Mr. Hunter has personally managed, or which have been undertaken by his companies, includes the following: . The ARA Tower - A 735,000 square foot, mixed use project in downtown Philadelphia. This $80 million development has changed the skyline of one of the nation's largest cities with its 32-story office tower and retail arcade which ;connects directly to a subway station, the cross town rail tunnel, and Jim Rouse's Gallery project. A unique public/private partnership, this complex includes site improvements and an eight-level parking structure which were partially financed with City and Federal Government funds. The project was constructed on time and under budget. It was successfully leased ahead of schedule and protìtably sold to the Reading Company which owned the site and was a partner in the venture. . Saddle Run - A 365-acre executive equestrian community in suburban Washington, Dc. Mr. Hunter acquired the site as an assemblage of farms and small parcels adjacent to the Gainesville interchange on 1-66. He planned the community for 751 homes, an office park of seven buildings totaling 1.1 million HUNTER INTERESTS IN COR PO RAT ED square feet of space, a community center with a lavish clubhouse and pool/tennis facilities, and a full service equestrian center on an internal system of bridal paths and jogging trails totaling more than 3.9 miles in length. Saddle Run has received national publicity in several magazines as an innovatively designed community which allows executives to live closer into the city on smaller estates or in a variety of housing types while family members can enjoy keeping their horses within the community in commonly owned facilities. . Redwood Tower - A 24-story office building overlooking the Inner Harbor in downtown ~altimore. This Ì1]1ovative air ri~~Y£!2.£m~!l..!_o~~~ a nine-sto!1..~ par~~~- garage posed :everal serious design and construction problems forVf-X'\ ~wliich mn~oons-were necessary. Recently completed and now leasing, this project features express elevators from street level to a glass enclosed "sky lobby" atop the parking structure, with additional elevator banks servicing the tower above. j J \ . Fairway Mews - A 465-unit, luxury townhouse development on the New Jersey shore. Mr. Hunter personally managed the development, construction, and marketing of this golf course community which included a swim/tennis club, 14,000 square foot restaurant, and an IS-hole executive golf course. . Jakarta Industrial Estate - A 1,700-acre, three-phase industrial park in Jakarta, Indonesia. Mr. Hunter conducted detailed feasibility studies for this unique joint venture between the national government of Indonesia, the provincial government of Jakarta and Westinghouse Electric Corporation. As the on-site manager of the project, he successfully negotiated financing from the World Bank and managed development operations while training his Indonesian counterparts. , .J J I Hunter Interests Inc. has acquired development sites and is pursuing unique development opportunities in twelve states, including projects on both coasts, the Midw'est, the south and the New England area. During his 30 years in the business, Mr. Hunter has established a network of contacts that brings forward development opportunities of all types. The company seeks to invest in and develop unique and interesting projects that are out of the ordinary, using the talents of Mr. Hunter and his colleagues where they can be most beneficial. Throughout his career, Mr. Hunter has specialized in doing the difficult or the impossible-putting development projects together where others have failed by finding the creative solution to the most unusual problems of site assembly. design, approvals, constmction, financing, and management. ] 1 I I I ¡ HUNTER INTERESTS IN COR PO RAT ED I .. Donald E. Hunter President Hunter Interests Inc. Annapolis, Maryland ¡ J I i Mr. Hunter is an urban economist and real estate consultant who has packaged, financed, and constructed numerous successful development projects during his 30- year career. His development projects, managed personally or by his development companies, tot~l more than $760 million in value. Consulting assignments in which he or his firm caused development to occur total more than $3.4 billion in value. I I J Mr. Hunter is president of Hunter Interests Inc., an award winning real estate investment, development, and consulting firm, which specializes in large scale, mixed use developments and public/private ventures in urban areas. He was formerly co-owner of Zuchelli, Hunter & Associates, Inc., a real estate consulting firm that he co-founded in 1975. Mr. Hunter retired from ZHA in 1986 to form Hunter Interests Inc. in order to provide more personalized consulting services to his clients, with more of his own involvement in each assignment. J I 1 J During his professional career, Mr. Hunter has supervised, managed, or conducted more than 830 independent consultant assignments in communities throughout the United States and abroad. These include feasibility studies for virtually every type of small and large real estate development (convention and exhi~ition centers, hotels, office buildings, shopping centers, high rise and ~uburban residential developments, sports and entertainment facilities, and mixed use projects of many types). In most instances his professional services have gone beyond traditional íèasibility studies into structuring public/private ventures to implement his projects; soliciting developers and negotiating binding development agreements; procuring financing and management services; and functioning as "owner's representative" for public entities through the construction and early management processes. I j J J J ] Mr. Hunter is also a successful real estate developer and investor. He was co- founder and co-owner of a development company which successfully grew to be the 2}rd largest developer in the United States in only five years. He was also co- founder and co-owner of a real estate finance and portfolio management company which handled his o\,vn personal investment portfolio and that of other substantial investors. He has created significant value on numerous large real estate holdings for his partners and clients through sound asset management and proven predevelopment techniques. HUNTER INTERESTS I N COR PO RAT E D Prior to forming his fust company, Mr. Hunter managed several large commercial, residential, and industrial development projects as an executive with the Westinghouse Electric Corporation and its development subsidiaries. These responsibilities included projects in the eastern United States and in Asia. He was a senior associate with two other consulting finns in the Baltimore/Washington area prior to joining Westinghouse. Mr. Hunter has also been active for two decades in several national professional organizations. He is on the Board of Directors of the International Downtown Association (II?A) and the National Council for Urban Economic Development (CUED). He speaks several times each year on real estate trends and leading edge development and finance techniques. He also served as chainnan of a CUED management committee which fonned the Economic Development Research Institute at the Kellogg Business School at Northwestern University. I Mr. Hunter holds a Master's degree from the University ofCalifomia, Berkeley, and a Bachelor's degree from the University of Kansas. He serves on several corporate and civic boards of directors; he served on an advisory board for the Kellogg Business School at Northwestern University; and he was chairman of the Board of Trustees for a 700-stJdent independent K-12 school in Annapolis. Mr. Hunter has published nwnerous articles and monographs on a wide range of professional topics, and he lectures periodically at several universities. He has taught undergraduate and post graduate courses, functioned as an expert witness in several judicial proceedings, and is considered to be a national expert on innovatiye real estate development and financing techniques. He has been profiled in Who's Who in American Real Estate. J J l I A self-made man, Mr. Hunter was raised by a single parent in a blue-collar Chicago neighborhood. The first in his family to receive higher education, he worked his way through seven years of college and earned a commission in the US Navy. He served as a department head on a light combatant ship during two tours in Vietnam, was shipboard nuclear weapons officer, and held a top secretlcrypto clearance. He received seven combat decorations including the Bronze Star. He now resides on the shore of the South River in Annapolis with his wife and two daughters. J ] J ) I HUNTER INTERESTS IN COR PO RAT E 0 -1 Geoff Graham Vice President Hunter Interests Inc. New York, New York J I Mr. Graham is an urban economist with technical and analytical skills in market analysis, financial feasibility assessment and economic impact analysis. He is also an experienced t~chnical writer with previous editorial responsibilities for national publications in .the hospitality and tourism industries. I .J Mr. Graham's background includes diversified experience in meeting-oriented hotel operations as well as market, operational, site, and financial analysis for hotels, conference centers, convention and exhibition facilities, and resorts. Mr. Graham's varied experience in the hospitality industry enables him to provide broad scope planning assistance and project evaluation skills to industry analysts, developers, and investors. J ] J 1 I I Mr. Graham's areas of specialization include convention and exhibit facilities conference centers, civic center and arena/public assembly projects for which he has provided market, financial, and operational analyses, marketing plan development, and management contract negotiations. He has been actively involved in the financial planning and development of conference and convention center projects throughout the United States. Representative convention/exhibition projects include: the cities of Roanoke, V A; Marietta, GA; West Palm Beach and Tallahassee, FL; Jackson, MS; Allentown, P A; Asheville, North Carolina; Kent, Washington; and Virginia Beach, VA. Corporate conference and training center clients have included the Maniott Corporation, IBM, Pacific Gas & Electric, The Bank of MontreaL and AT&T. His university/college-based conference center clients have included Vassar College. Gallaudet University, Northeastern University, Duke University, Hope. College, University of Maryland Baltimore County, Towson State University, Clemson University, and Washington University. J J J Prior to joining Hunter Interests, Mr. Graham was a senior associate with Horwath Hospitality Consulting in Charlotte, North Carolina, for five years. He conducted numerous technical feasibility studies for exhibition and convention facilities, hotels, and arenas through the country during this period. J HUNTER INTERESTS IN COR PO RAT ED I . Ernest E. Bleinberger Vice President Hunter Interests Inc. Annapolis, Maryland Mr. Bleinberger is an economic analyst specializing in urban entertainment, gaming, and thoroughbred racing issues in this country and abroad. At Hunter Interests Inc. he participated in numerous market analysis and feasibility studies associated with these areas. ~e has co-authored articles on Urban Entertainment Centers for lCMA's PM Magazine, and Gaming in America for Commentary magazine. Most recently, Mr. Bleinberger has acted as project manager in Albany, New York, on a strategic plan for enhancing the city's entertainment and tourism attractions. He also played a key role in a plan for redevelopment in, Winston-Salem, North Carolina, which included a significant tourism/entertainment component. ] j I I Ivlr. Bleinberger has conducted a comprehensive review of the Atlantic City casino market and prepared a report on revenue potentials in that market through the year 2005 as part of the tìnn's work on a litigation support case. He prepared a market analy~is for the Greater Baltimore Committee focusing on Baltimore City's position in a legalized casino gaming environment. Mr. Bleinberger has completed also an economic impact study pertaining to land values associated with the development of the new convention center in Atlantic City, New Jersey. Prior to joining Hunter Interests, Mr. Bleinberger was associated with Racing Resource Group, Inc., where he authored numerous technical studies and surveys. These studies required analytical capabilities as well as practical knowledge of business projection and market research methodology. J J J J Mr. Bleinberger began his career in 1977 at Pimlico Race Course in Baltimore, Maryland, and by 1982, he had moved up to the position of Director of Racing at the Hipodromo de Agua Caliente in Tijuana, Mexico, the youngest racing director in the industry. He has also worked as a consultant to the Massachusetts, Florida, Maryland. and Virginia State Lotteries. For each of these he developed lottery games that would interact with thoroughbred race tracks and would be mutually benetïcial to the lottery and the tracks. Mr. Bleinberger received a Bachelor of Science Degree in Journalism from the University of Maryland. College Park, in 1976. Within the College of Journalism, he specialized in Advertising and Public Relations. HUNTER INTERESTS I N COR .p 0 RAT E D I : Anita Kramer Senior Associate Hunter Interests Inc. Annapolis, Maryland Ms. Kramer is a financial and economic development analyst with experience throughout the United States and abroad. She is experienced in economic development, market demand, fmancial and fiscal analyses, project design, and new business devel<;>pment. Ms. Kramer has prepared economic development strategies for cities seeking to expand their industrial, retail, and commercial office base. Projecting demand for commercial, residential, and industrial space in cities of 20,000 to 8 million population for economic feasibility studies, she has developed financial projections for shopping centers, office buildings, and housing developments for both construction and operating phases. I J I I J } ) Ms. Kramer has perfonned both market and financial feasibility analyses of public assembly and hotel development potentials throughout the country. Her work has included projects in Pensacola, Florida; Bay City, Michigan; Allentown; Pennsylvania; and Chino, San Bernadino, Ontario, Redondo Beach, West Hollywood, and Port Hueneme, California. Many of these projects involved joint public/private ventures in which the cities and private developers used the outcome of Ms. Kramer's analysis as a basis for decisions regarding their cooperative efforts. Recently Ms. Kramer completed an economic development strategy for Prince George's County that focuses on the opportunities presented by the Washington Redskin Stadiwn currently under construction. Prior to joining Hunter Interests, Ms. Kramer was a senior associate with Kramer Associates, Inc., in Washington, Dc. There she was responsible for creating new foreign markets and stimulating new business activity for producers in Gaza and the . West Bank. ] J I I Ms. Kramer was previously a vice president at The Natelson Company, economic and financial consultants in Los Angeles. Her work there included A Revitalization Study far Mid-City District: Los Angeles, in which she identified economic potential for five major arterials and an older shopping center. She was also project manager on a three-part study that included an analysis of Chino, California's current economic base and related trends, a step-by-step strategy for pursuing economic potential, and a fonnal economic development element adopted by the city council. r I 1 I . I HUNTER INTERESTS IN COR PO RAT E D Ms. Kramer's earlier work included policy analysis of property tax reform for the Commonwealth of Massachusetts and providing research assistance that was responsible for developing policy alternatives for the Chancellor of the University of Massachusetts/Boston. Ms. Kramer holds a MaSter's degree from Harvard University in City and Regional Planning and a Bachelor's degree, cum laude, in Economics and Urban Studies from the University of Rochester. I I J ) I I . ] J J I J J I J J ] J ] What It Takes to get the Convention, Conference, Civic Center . Time . Teamwork . Patience . A great deal of creativity and flexibility First step of process is to reach consensus on your objectives and then maintain focus on objectives throughout the process combined with a high degree of flexibility on how you develop the facility. The four main phases of making public assembly projects happen: 1. Market analysis II. Create political will and community support which is ongoing every step of the way . III. Ensuring the necessary support infrastructure is in place IV. Financing the project I. l\'Iarket Factors A. Do SWOT first (strengths, weaknesses, opportunities, threats) B. Include SWOT of environmental factors and political scenery C. Simplify market work 1. Look for competitive advantages-hooks for niche demand segments, voids in the competitive environment I' I I .. 2. Ask potential end users what they want 3. Design facility to meet their needs 4. Determine what your community needs to best meet the needs of end users 5. Look to unique features of your city and, region to take advantage of: J J I I ] J --Climate --Historical attractions --Urban environment --Natural amenities -- Transportation infrastructure; airports, interstate highways, ferry/rail service, etc. --Strategic geographic location! linkages --Strong hotel supply --Weak regional competitive supply --Entertainment/restaurants --Growing and changing industries; look for anchor tenants that can create a favorable financing situation --Site availability II. Building political will and support for the project: --Communication skills are critical --Learn to listen carefully without rushing to make your case --A human's passion impairs their ability to listen I I O' 01 ] I J J I ] J J J ~ --Scan environment for significant forces; take people's temperature on concepts at different stages of the game -- Do not create perception that destiny is preordained. Media relations: Need to manipulate and feed press to minimize inaccurate slants; reporters often do not fully realize the fine points of the project. Negate political- bias against politicians trying to make the project happen. Be aware of other local government entities, business organizations, etc. who may oppose the project-turf wars. Anticipate what the opposition will be and how to refute their argument with factual evidence. Clearly spell out balance of benefits in comparison to public investment. . Jfyou have done your market work thoroughly, you should have a strong case to present. Conduct project briefings early and often before inaccurate leaks occur. To be succes.sful, it is critical: To investigate turf control, differences in time frames, conceptual perspectives, and human relationships and use them constructively. You can have the best project in the world based on the market and private sector interest, but if you have not psyched the political scenery and anticipated two to three steps ahead and built consensus, the project will flounder. Flexibility and political maneuvering are critical to making the project a reality. I . \ I .j Suppo.rt Infrastructure All of the things that you need to support an Expo Center convention, conference, or civic center a~e all the key elements of a vibrant town center or downtown: -- Restaurants --Entertainment --Transportation infrastructure --Hotels. Once the market analysis is complete the next step is to prepare investment analysis for headquarters hotel. Identify investment value based upon projected cash flows and current capital market requirements. Once investment value is determined the publici private deal structure is negotiated. . Recently the developer field willing to take on major headquarters hotel projects has narrowed especially following recent tightening of financing markets. Development agreements need to provide a way for private sector to have a viable exit strategy. A number of active developers looking for 25% rate of return in recent months to do deal convention center hotel deals. Strike your hotel deal before breaking ground or you will lose leverage. Getting feedback from the private sector. Request for Qualifications, then Request for ProposaL --RFQ purpose to create interest in the project --preliminary feedback from private sector on possible deal structure and need for gap fi nanci ng/incentives I .. J I ] ¡ I ~,i,J J 1 J - J I I j J :-make RFQ simple and include market study --easy to respond to in a format/language they are used to --basically, detail the development opportunity presented by project and how public sector envisions participating in the project. The primary evaluation criteria of respondents are your primary objectives that were determined at beginning of the process. Potential financing sources for public sector component and private sector incentives: . Lodging tax; Prepared food and beverage tax; Rental car taxes; Sales tax; Favorable financing terms-play the role of banker; Catering contracts for public facilities; Favorable ground lease; Premises lease for meeting space; TIF; Cash payments to provide a buildable site; Development contracts; Sales tax exemptions; Property tax exemptions; G.O. bond financing; Taxable revenue bonds financing through lodging tax; Municipal leases of conference space that hotel owns; City parking at below market rate. Each deal is unique. It is imperative to structure the deal to best fit needs of both sides in order to create a win/win situation. HUNTER INTERESTS IN COR P 0 RAT ED II. Project Management, Schedule, arid Budget I .' 1 We have estimated our costs to undertake each task in the proposed work program by assuming a mix of personnel for each task, and applying applicable hourly and daily billing rates. These rates include provisions for payroll costs, benefits, corporate overhead, and profit factors. J I ...1 J I .J -,OJ I J J Mr. Donald E. Hunter, HII president, personally oversees all, work conducted by our finn. Mr. Geoff Graham, HII vice president, will be involved in the day-to- day aspects of this project including project management and the conduct of all technical analysis. He may be assisted by another of the fmn's vice presidents, Ernest Bleinberger, and Ms. Anita Kramer, senior associate. All work will to be completed by July 31, 2000, as requested in your RFP. We are prepared to commence work immediately in March and proceed continuously within the next four and one-half months. - -' ~hiitial estimate ~f th~ -~~~~ -~f professiõ~echnical, and administrative time to undertake the two ~ed in the RFP is as follows: Cost Task I: Public Facility Feasibility Study $.27,000 Task 2: Tourism Marketing Plan 8.000 Total: $35,000 We will bill monthly for actual professional time and direct expenses, with payment required within 30 days to avoid interest and collection charges. HII carries nonnalliability and Workers Compensation for finns of our type, and will hold harmless the City of Federal Way and its staff from any liability associated with this work. HII is an Equal Opportunity Employer with an adopted Affinnative Action Program, and agrees not to discriminate in any way during the conduct of this assignment. . , \ -, - - r L MEETING DATE: March 21,2000 ITEM# ~ C\ ) ------------------ ------------------------------- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AT&T Cable Services Institution Net Work (I-Net) Agreement ----------------- --------------- ----------- CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: none Expenditure Amt: none Contingency Reqd: none ---------------------------------- ------- ATTACHMENTS: Finance, Economic Development, and Regional Affairs Committee report, I-Net Agreement, and I-Net location list and map. ------------------------------------------------- --- SUMMARY /BACKGROUND: See attached committee report. ------------------------------------------------------------ CITY COUNCIL COMMITTEE RECOMMENDATION: The FEDRAC Committee recommends to the City Council to approve the agreement and authorize the City Manager to execute the I-Net agreement with AT&T Cable Services. --------------------------- ------------------ -- ----------- CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommendation and authorize the City Manager to execute the I-Net agreement with AT&T Cable Services. APPROVED FO~ ~ CL USION IN COUNCIL P AC~ /' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: APPROVED DENIED T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # -------------------------------------------------------------------------- CITY OF FEDERAL WAY MEMO RAND UM Date: To: Via: From: Subject: March 10, 2000 Finance, Economic Development and Regional Affairs Committee David H. MOS~anager --- \.- Mahdi Sadri, Information Systems Manager ~ AT&T Cable Services Institution Net Work (I-Net) Agreement As you are aware, AT&T is required to construct a private, institutional fiber network for local governmental entities under the cable TV franchise. This network is to be constructed in conjunction with the system upgrade, to be completed by April 2000, on an incremental cost basis. At this time, AT&T is requesting a six-month extension for the completion of the I-Net and the system upgrade. While obligated to construct this private network, AT&T is pennitted under the Cable Act to recover such costs. How these cost are recovered are different from city to city through out the area based on individually negotiated agreements. Among the valley cities, Kent, Tukwila, and Auburn each were provided 6 free connections in exchange for a 2-year extension for the upgrade/I-Net construction. To provide full connection of their municipal facilities, Kent paid $300,000 for 5 additional sites, Kent School District paid for the cost of their 17 connections; and Federal Way School District paid $50,000 for the three schools located within Kent city limits. King County on the other hand, according to AT&T, is constructing an extensive network, including schools located in the unincorporated area, and is paying $18 million directly and allowing additional pass through fees between $1 to $1.53 per subscriber per month, which will be separately identified as public education governmental access charges. The tentative agreement between the City and AT&T contains the following key provisions. 1. The Network: The proposed network is centered at City Hall and fans out in three arms connecting forty-five facility/termination points. The 45 points include 14 city, 4 fire district, 2 utility district, and 25 school district sites, each with 4 strands of single mode fiber. Of the 14 city sites, 8 will be terminated at a splice point in the street for future purposes. One is reserved for the proposed transit center, four are designated as spares in four comers ofthe City, and the remaining three were for King County facilities that are already connected by King County I-Net. The City could request future fiber connections but will not have the benefit of incremental cost in the future. 2. Cost and Financing: In consideration of the City granting a six-month extension for the upgrade, AT&T has agreed to include the cost of the 14 City and 4 Fire locations as part of the overall system upgrade, at no cost to the City. For the Utility District and School District sites, AT&T has agreed to build the backbone as part of the upgrade, and allow an 18-month period for both entities to exercise their option to connect to the network. The cost for the two utility connections and the 25 FWSD connections are $79,475 and $803,935 respectively, if the options are exercised and built prior to December 31,2000. The amounts may change to reflect future labor/material costs if the connections are completed later. ¡net 3/1 0/2000 Recognizing the large sum required to connect the FWSD sites, AT&T has agreed to allow both the School District arid Utility District to make installment payments without interest over the remaining term of the existing franchise, which is about 5 years. 3. Maintenance and Repair: AT&T will provide routine maintenance of the backbone in conjunction with their own maintenance program. The City will be responsible for repair costs should there be any damage to the I-Net cable and City owned equipment. 4. Public Information As AT&T goes through the upgrade, cable subscribers will experience cable outages when switching from the old system to the new. In addition, the upgrade will change the type of equipment spread out in the neighborhood. The existing system requires smaller equipment but in more locations, the new equipment is larger in size, but fewer in number. Staff has received complaints from subscribers and neighborhoods on both of the issues. As part of the agreement, AT&T has agreed to do a direct mailing to inform subscribers of the upgrade and potential service interruptions; and to work with residents to camouflage the equipment enclosures. Beyond I-Net: AT&T will provide the fiber optic lines, or the infrastructure for broadband communications between local government facilities. However, in order to communicate, each entity needs to put in equipment at each end of the fiber. Depending on the type of communication and equipment, the cost of equipment can be between $5,000 to $15,000 per location. The equipment investment could be a future budgetary consideration. We believe this is a very favorable agreement and protects all local government interests and we recommend Council approve the agreement and authorize the City Manager to execute the agreement. Attachments: I-Net Agreement, I-Net location list, Map. Committee Recommendation: Motion to forward the agreement to full council at March 21 council meeting with committee recommendation to approve the agreement and authorize the City Manger execute the agreement. APPROVAL BY COMMITTEE: ~.ffi ~ Committee Member ¡net 3/10/2000 INSTITUTIONAL NETWORK AGREEMENT BETWEEN TCI CABLEVISION OF WASHINGTON, INC. CABLE TV PUGET SOUND, INC. AND THE CITY OF FEDERAL WAY THIS INSTITUTIONAL NETWORK AGREEMENT (the "Agreement") is between the City of Federal Way, a Washington Municipal Corporation, hereinafter the "City", and the City's franchised cable operators TCI Cablevision of Washington, Inc. and Cable TV Puget Sound, Inc., d/b/a AT&T Cable Services. The parties intend to set forth in this Agreement common terms and conditions for provision ofInstitutional Network ("I-Net") capacity by both operators for non-commercial use by the City. RECITALS WHEREAS, on August 10, 1995, the City entered into franchise Ordinance No. 95-238 with Cable TV Puget Sound, Inc., and on March 21, 1996, the City entered into franchise Ordinance No. 96- 264 with TCI Cablevision of Washington, Inc.; and WHEREAS, Cable TV Puget Sound, Inc. became an affiliate ofTCI Cablevision of Washington, Inc. on August 1, 1996; WHEREAS, AT&T Cable Services became the parent company of TCI Cablevision as of June 23, 1998; and WHEREAS, on February 2, 1999 the Federal Way City Council passed Resolution 99-285 which consents and approves the transactions between TCI and AT&T Cable Services, and specifies that AT&T Cable Services would be bound by the terms of the Franchises; and WHEREAS, AT&T Cable Services intends to upgrade its cable systems with a common architecture so that cable services can be cablecast ubiquitously to customers in the City; and WHEREAS, AT&T Cable Services is obligated to provide capacity for non-commercial City communications under unique terms and conditions specified in its respective franchise, together referenced hereinafter as the "Franchises"; and WHEREAS, pursuant to the Franchises, on April 2, 1999, the City notified AT&T Cable Services to construct a common and ubiquitous I-Net fiber backbone to all public buildings in both franchise areas by April, 2000; and WHEREAS, AT&T Cable Services initially designed the I-Net fiber backbone to connect to only the public buildings specifically identified in Exhibits of the Franchises; and 3 WHEREAS, the Franchises specify that public buildings include future constructed public buildings; and WHEREAS, the initial design by AT&T Cable Services for the I-Net fiber backbone failed to include the additional public buildings that have been constructed after the Franchises were accepted; and WHEREAS, the City has requested all public sites be accommodated requiring an extension of time for a redesign of the I-Net fiber backbone, the ordering of additional construction materials including fiber optic cable, and completion of cable system upgrade and I-Net fiber backbone construction; and WHEREAS, the City agrees that it is in the public interest to grant such an extension: NOW, THEREFORE, in consideration of the rights and obligations conferred or imposed by Ordinances No. 95-238, 95-239 and 96-264, the parties hereto agree as follows: Section l. Section 2. Section 3. Definitions. A. I-Net fiber backbone. All outside aerial and underground fiber optic cable consisting of four (4) single mode fibers within the AT&T Cable Services fiber sheath connecting City Hall to the nearest Right-of-Way curb/splice point or termination points of a facility where physically connected to user-owned optronics. B. I-Net User Connection. The connection from the I-Net fiber backbone to a specific facility and properly terminated to User owned optronics. C. Incremental Cost. The portion of the cost incurred as a result of installing the I- Net fiber backbone which is above and beyond the cost that AT&T Cable Services would pay in the absence of said I-Net. D. Non-commercial use. The offer of services for which a commercial charge is paid to the City of Federal Way. E. Other Users. Public entities other than the City of Federal Way and the Federal Way Fire Department, such as the Federal Way School District, and Lakehaven Utility District, which may connect to the I-Net fiber backbone. F. Extreme Conditions. Major Storm or other catastrophic or undefined event creating multiple outages in a widespread area. Extension of Time. AT&T is hereby granted an extension through October 31, 2000 for completion of the upgrade of its cable system and I -Net fiber backbone construction. Construct Fiber Backbone Within City Limits. AT&T Cable Services shall provide I-Net fiber backbone to each of the forty-five (45) locations designated in Exhibit A (map) and B (list) in a star configuration, with each facility connecting to City Hall. The I-Net fiber backbone shall be constructed in accordance with the fiber route plan submitted to the City by AT&T and approved by the City. 4 Section 4. Section 5. Section 6. As part of the construction, AT&T agrees to provide landscaping or other camouflage in areas deemed appropriate by agreement between the aggrieved resident and the AT&T representative to improve the appearance of the new cable equipment enclosures. The City; the Fire Department and Other Users shall have an exclusive right of use thereof for non-commercial private network communications, which right cannot be revoked by AT&T Cable Services, or successor companies, if any. However, AT&T Cable Services shall at all times own in fee and maintain the I-Net fiber backbone and associated facilities and equipment, if any, whether aerial or underground, up to said termination points where physically connected to City, Fire and Other User-owned optronics. Fiber Connections To Designated Facilities Within City Limits. AT&T agrees to construct and include the cost of fiber connections to six (6) City facilities, eight (8) pre-determined splice locations intended for future City expansion of the I-Net, and all four (4) Federal Way Fire Department facilities up to and including the designated termination points as part of the cable system upgrade and costs. AT&T agrees to allow all Other Users, an option to connect their facility to the I-Net at the incremental costs not to exceed those amounts identified in Exhibit B. Should Other Users not exercise the option to connect its facilities prior to AT&T completing the overall cable system upgrade in the Puget Sound area, on or about December 31, 2000, the cost may increase to reflect the additional labor/material cost in effect at the time for the completion of the connection. Any connection rights not exercised within an eighteen (18) month period from the date of this Agreement will be revert back to AT&T to be used at its sole discretion. AT&T further agrees that if these Other Users exercise their option, they may make installment payments, without interest, for its share of the cost over the remaining franchise period as defined in the franchise governing the physical location of said facility. Future Facilities. Additional sites, not listed in Exhibit B and within City limits at the time of request, may be added to the I-Net following completion of current system upgrade at the City's expense. Upon request from the City, AT&T Cable Services shall, within sixty (60) days, submit to the City an estimate ofthe fully allocated cost of construction to the site. The City shall, within sixty (60) days of receipt of the cost estimate, accept or reject the project. If the City accepts the estimate, AT&T Cable Services will timely construct a fiber connection to the additional site(s) and upon completion, invoice the City for construction costs in an amount not to exceed the estimate. Fiber Construction and Termination. Fiber will be constructed and terminated in accordance with the Franchises, this Agreement and AT&T Cable Services' standard practices, including but not limited to practices concerning connectorization. AT&T Cable Services will be allowed to utilize City-owned conduit capacity at no charge for 5 Section 7. Section 8. Section 9. Section 10. fiber construction if such conduit is available in the foreseeable future as determined by the City, and the City agrees to grant AT&T Cable Services all necessary rights of entry, easements and licenses to accomplish the construction to the sites contemplated hereunder. AT&T agrees to obtain all necessary licenses and permits, and construct the I-Net fiber backbone in a manner consistent with all applicable local, state and federal laws, and regulations. Each fiber shall be terminated at an internal point of demarcation in an AT&T Cable Services standard termination panel, unless the City provides another means of termination, in which case the City shall provide all necessary termination equipment. At each termination location the City shall provide wall mount backboards and a power source for the basic termination, or such equipment as chosen by the City as replacement. Public Notification Program. AT&T has in effect, and will continue to us its standard public notification procedure. In addition to its standard procedures, AT&T will send an informational mailing to Federal Way customers' homes within forty-five (45) days of the effective date of this Agreement. Testing and Acceptance. AT&T Cable Services shall certify the integrity of the constructed I-Net fiber backbone through testing and verification to AT&T standards. Testing shall consist of end-to-end testing and Optical Time Domain Reflectometer (OTDR) tests to obtain a signature trace on all fibers. AT&T Cable Services shall provide the City with testing documentation. Construction Schedule and Updates. AT&T Cable Services agrees to provide to the City, regularly scheduled monthly meetings and quarterly updates on the progress of its upgrade of the cable system and construction of the I-Net fiber backbone. The City may request more frequent updates as are necessary for the enforcement of the Franchises and this Agreement. Maintenance and Repair or I-Net Fiber Backbone. Maintenance and repair of the I-Net fiber backbone and associated facilities and equipment, if any, used exclusively by the City and, the Federal Way Fire Department and Other Users for its I-Net will be conducted on the same schedule as repair on AT&T Cable Services' cable systems. Any repairs effected upon the I-net fiber backbone and associated I-Net facilities and equipment, if any, shall be performed by AT&T Cable Services, at the City's cost, on a time-and-material basis consistent with industry standards, with prior notice to the City. In emergency conditions, such as a natural emergency resulting from a windstorm or an accident, AT&T Cable Services will effect emergency repair work on the backbone fiber and associated I-Net facilities and equipment in the course of conducting its own emergency repair work on its cable systems, without prior notice to the City. 6 Section 11. Section 12. Section 13. AT&T Cable Services will submit an invoice for work performed. The City will timely reimburse AT&T Cable Services for its expenses on a time and material basis for conducting such emergency repairs. Response times will not exceed four (4) hours in other than extreme conditions as defined in section I. Administration, Maintenanc~ and Management of the I-Net. The City shall be responsible for the ongoing administration, maintenance and management of the non-backbone I-Net facilities and equipment, and the network itself, unless it contracts with AT&T Cable Services for a managed network. All such maintenance conducted by the City shall be performed in a workmanlike manner to industry standards, and any City-provided equipment shall comply in all respects with applicable governmental codes, laws, ordinances or regulations and the National Electric Safety Code. The City, the Federal Way Fire Department and Other I-Net Users to Provide Electronics. AT&T Cable Services is responsible for supplying and installing the specified I-Net backbone fiber optic cable to the specified locations only, providing a pathway for I-Net communications between sites. Any "active" equipment or components, including but not limited to computers, network cards, optronics, electronics and equipment racks, required to put the I-Net into operation shall be at the City's sole expense. THIS DISCLAIMER APPLIES ONLY TO SUCH CITY, FEDERAL WAY FIRE DEP AR TMENT AND OTHER USERS PROVIDED "ACTIVE" EQUIPMENT OR COMPONENTS. AT&T CABLE SERVICES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FIlNESS FOR A P ARTICULAR PURPOSE. AT&T CABLE SERVICES SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY CITY ARISING OUT OF ITS PERFORMANCE UNDER THIS AGREEMENT. IN NO EVENT SHALL AT&T CABLE SERVICES BE LIABLE TO THE CITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE. Private Network Status. The I-Net is a private communication network governed by the Franchises and this Agreement, and the City will use the I-Net solely for non-commercial applications in accordance therewith. Neither the City nor AT&T Cable Services will attach any equipment or otherwise modify the I-Net in any way that will interfere with the signal quality and the normal operation of each other's system. The City may not lease, resell or grant access privileges to I-Net fiber backbone capacity to a third party, other than the Federal Way Fire Department and Other Users as defined in Section I. The I-Net may be used for origination purposes for governmental, educational, or public use. Nothing in Section 13 is deemed by the City or AT&T Cable Services to grant rights or uses which are regulated as common carrier within the meaning of applicable state 7 Section 14. Section 15. and/or federal laws. Cost of I-Net Construction. Subject to the Franchises and clarifications specified herein, the City acknowledges that AT&T Cable Services is required by its Franchises to construct the I-Net fiber backbone in conjunction with the upgrade of its cable system in the City, and that AT&T Cable Services is entitled to recover the cost ofI-Net fiber backbone construction in accordance with applicable law. Entire Agreement. This Agreement and its Exhibit(s) represent the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations and agreements, with the exception of the Franchises regarding I-Nets, between the parties. In the event of a conflict between the Franchises and this Agreement, the Franchises shall control. All other provisions of the Franchises shall remain in full force and effect. AGREED TO BETWEEN THE PARTIES on the last date written below. TCI CABLEVISION OF WASHINGTON, INC, CABLE TV PUGET SOUND, INC. By: James H. (Trey) Smith III. Its: President Date: By: James H. (Trey) Smith III. Its: President Date: CITY OF FEDERAL WAY By: Its: Date: ATTEST: David H. Moseley City Manager APPROVED AS TO FORM: N. Christine Greene, CITY CLERK Londi Lindell, City Attorney 8 Federal Way City I-Net List Total Sites 45 03/1012000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 II . Fire District Cost = Included 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 IV . School District Estimated Cost throm:~h 12131/2000 = $803.935 Sl Public Schools Administration 31405 18th South S2 Adelaide Elementary . 1635 SW 304th S3 BrÌlmdoon Elementary 3601 SW 336th S4 Decatur High School 2800 SW 320th S5 Federal Way High School 30611 16th South S6 Head Start Program Splice CS-05 S7 Illahee Junior High School 36001 First Avenue South S8 Lake Grove Elementary 303 SW 308th S9 Lakota Junior High School 1415 SW 314th SIO Mirror Lake Elementary 625 South 3 14th Sil Nautilus Elementary 1000 South 289th SI2 Olvmpic View Elementary 2626 SW 327th S13 Panther Lake Elementary 34424 First Avenue South SI4 Sacajawea Junior High 1101 Dash Point Road SI5 Sherwood Forest Elementary 34600 12th SW SI6 Silver Lake Elementary 1310 SW 325th Place SI7 Twin Lakes Elementary 4400 SW 320th SI8 Wildwood Elementary 2405 South 3ooth SI9 Green Gables Elementary 3015 South 368th Street S20 Enterprise Elementary 35101 Fifth Avenue W S21 Saghalie Junior High 33914 19th Avenue South S22 Truman High School 31455 28th Avenue South S23 Mark Twain Elementary 2450 S Star Lake Rd. 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Fire Fiber Site N City I-Net Fiber Route Scale: 1 to 53520 1 Inch equals 4460 Feet 01/4 1/2 1 Mile - - - - ~~ ~~ /users/namim/..finetr.aml Map Printed March, 2000 MEETING DATE: March 21,2000 ITEM# II: l ~'J CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: South County Area Transportation Board Interlocal Agreement CATEGORY: BUDGET IMP ACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1. Memorandum to the Land Use and Transportation Committee dated March 13,2000. 2. Draft Agreement with the South County Area Transportation Board. SUMMARY /BACKGROUND: The South County Area Transportation Board (SCA TBd) provides a forum for transportation agencies in South King County to share infonnation, build consensus and interagency coordination to resolve transportation issues. The interlocal agreement is proposed for amendment to add voting rights for the newly incorporated cities of Covington and Maple Valley. The proposed amendment also clarifies minor issues such as refining the definition of a quorum. CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 13,2000 meeting, the Land Use and Transportation Committee forwarded to the full City Council for approval, the staff recommendation to approve the Interlocal Agreement with the South County Area Transportation Board. CITY MANAGER RECOMMENDATION: Motion to approve the Interlocal Agreement for the South County Area Transportation Board. / APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\Council\agdbills\2000\SCA TBd Interlocal.doc DATE: March 8, 2000 TO: Phil Watkins, Chair Land Use / Transportation Committee FROM: VIA: David Mos SUBJECT: South County Area Transportation Board Interlocal Agreement BACKGROUND The South County Area Transportation Board (SCATBd) provides a forum for transportation agencies in South King County to share information, build consensus and interagency coordination to resolve transportation issues. The interlocal agreement is proposed for amendment to add voting rights for the newly incorporated cities of Covington and Maple Valley. The proposed amendment also clarifies minor issues such as refining the definition of a quorum and legal liability issues. The agreement is shown in Attachment 1. RECOMMENDATION Staff requests that the Committee approve and forward the following staff recommendation to the April 4, 2000 City Council meeting: ; 1. Approve the Interlocal Agreement for the South County Area Transportation Board AGREEMENT For the SOUTH COUNTY AREA TRANSPORTATION BOARD Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way King County City of Kent . City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Pierce Transit Port of Seattle Puget Sound Regional Council Sound Transit Transportation Improvement Board Washington State Department of Transportation Transmitted to participating members on November 22, 1999 THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called "Burien"; the CITY OF COVINGTON, hereafter called "Covington"; the CITY OF DES MOINES, hereafter called "Des Moines"; the CITY OF ENUMCLA W, hereafter called "Enumclaw"; the CITY OF FEDERAL WAY, hereafter called "Federal Way"; KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County"; the CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE V ALLEY, hereafter called "Maple Valley"; the CITY OF MILTON, hereafter called "Milton"; the CITY OF NORMANDY PARK, hereafter called "Normandy Park'; the CITY OF PACIFIC, hereafter called "Pacific"; the CITY OF RENTON, hereafter called "Renton"; the CITY OFSEATAC, hereafter called "SeaTac"; the CITY OF TUKWILA, hereafter called "Tukwila"; the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC"; the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit"; the TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB"; the PORT OF SEA TILE, hereafter called the "Port of Seattle"; PIERCE TRANSIT, hereafter called "Pierce Transit"; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called "WSDOT." 11/22/1999 g/ s u baras/ scatbdl agreem e nt/scat b i la WHEREAS, South King County has a history of multi-jurisdictional transportation planning dating back to the late 1970's including the Green River Valley Transportation Action Plan (GRVTAP), which was a multijurisdictional effort coordinated by the Puget Sound Council of Governments (now Puget Sound Regional Council) and involving King County, the Washington' State Department of Transportation, (WSDOT) and the cities of Auburn, Kent, Renton and Tukwila; and WHEREAS, each of the jurisdictions in the South King County area hàs experienced significant population growth and economic development in the last decade, and projects continued growth and development in the future; and WHEREAS, the cities of Auburn, Kent, Renton, and Tukwila have changed in geographic area since the late 1970's; and WHEREAS, the cities of Algona, Des Moines, Enumclaw, Milton, Normandy Park and Pacific did not participate in the Green River Valley Transportation Area Program (GRVTAP) because they were outside the study area, but are clearly impacted by traffic congestion problems in the South County. area; and WHEREAS, the cities of Burien, Federal Way, and SeaTac did not exist during most of the transportation planning history in South King County; and WHEREAS, King County, Metro, WSDOT, and the cities of Auburn, Des Moines, Kent, Renton, Tukwila, and SeaTac have demonstrated, through the South County Area Transportation Benefit District Steering Committee and program development effort, the benefits that can be achieved by regional coordination; and WHEREAS, the enormous cost of many of the needed transportation improvements and their importance to South King County as a whole demonstrate the need for a cooperative approach to the planning, financing and construction of these improvements; and WHEREAS, many of the transportation problems which were identified in GRVTAP still exist and new transportation management issu~s have emerged include the Commute Trip Reduction Act of 1990, the transportation planning and financing requirements of the Growth Management Act of 1990, and the regional high capacity transportation plan for Sound Move; and WHEREAS, King County, WSDOT and the South King County cities of Auburn, Des Moines, Kent, Renton, Tukwila, SeaTac, Burien, Federal Way, Algona, Pacific, Milton, Normandy Park, Enumclaw, and Black Diamond in 1992 recognized that a cooperative approach to the transportation problems would facilitate application of the South King County jurisdictions for funding from the State of Washington and the United States, and in recognition of this, formed the South County Area Transportation Board (SCA TBd) to serve as a central forum for solving transportation issues affecting the South County area jurisdictions; and 11/22/99 2 g/ s u bareas/ scatbd/ agreem en tI scatb i la WHEREAS, the new cities of Maple Valley and Covington have recently been formed and have been participating in SCA TBd discussions. WHEREAS, the King County Comprehensive Plan for Public Transportation - Long Range Policy Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of allocating new transit subsidy; and WHEREAS, the Six-Year Transit Development Plan, adopted in 1995, calls for the three subarea transportation boards (the Eastside Transportation Partnership, South County Area Transportation Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the King County Executive; and WHEREAS, Sound Transit relies on the three subarea transportation boards to recommend modifications to Sound Move Plan implementation related services and projects, and development of future Phase II high capacity planning effort. NOW, THEREFORE, in consideration of the mutual covenants contai~ed herein, the parties hereto agree as follows: 1.0 Purpose of Agreement The purpose of the Agreement is to identify the voting and non-voting members of the South County Area Transportation Board (SCA TBd), and provide for the continuation of the SCA TBd as the South County forum for information sharing, consensus building and coordinating to resolve transportation issues. 2.0 Role of SCA TBd The SCA TBd is the forum established for the South County subarea of King County (Exhibit 1) at which elected officials may provide input into the following decisions, and such other transportation-related issues as the members determine: . development of the King County Metro Six Year Transit Development Plan . implementation of transit service priorities . recommendations for Transportation Equity Act for the 21st Century (TEA-21) regional project identification and Countywide project selection . recommendations for modifications to Sound Move Plan service implementation-related services and prjects and development of future Phase II planning efforts. . The other two subareas have similar forums: the Eastside Transportation Partnership and the SeaShore Transportation Forum. 3.0 Voting and Non-Voting Members 3.1. The members of SCA TBd and their voting rights shall be as follows: I 1/22/99 3 gI s u bareas/ scatbd/ agreem en t/ scatb i la MEMBERS NUMBER OF VOTING REPRESENTATIVES Algona 1 Yes Auburn. 1 Yes Black Diamond I Yes Burien I Yes Covington 1 Yes Des Moines 1 Yes Enumclaw 1 Yes Federal Way 1 Yes King County 2 Yes Kent 1 Yes Maple Valley 1 Yes Milton 1 Yes Normandy Park 1 Yes Pacific I Yes Renton I Yes SeaTac I Yes Tukwila I Yes Port of Seattle I No Puget Sound Regional Council 1 No Sound Transit 1 No Pierce Transit I No Transportation Improvement Board I No Washington State Department of Transportation 1 No 3.2 Existing or new cities legally formed under the laws of incorporation of the State of Washington may petition SCA TBd for membership. The number of SCA TBd representatives and the status of new members shall be determined by a simple majority of voting representatives present at a meeting of the SCA TBd at which a quorum is present. 3.3 Private sector groups that represent the South County may be added as nonvoting members in SCA TBd as determined by a simple majority of voting representatives present at a meeting of the SCA TBd at which a quorum is present. 4.0 SCA TBd 4.1 Each member city shall be entitled to one position on the Board. King County shall be entitled to two positions. The Port of Seattle, PSRC, TIB, Pierce Transit, Sound Transit and WSDOT shall be entitled to one position each. Each member shall appoint one representative and one alternate to the Board, each for one year terms. For the County and cities, the 11/22/99 4 gI s u bareas/ seat bdl agreem e nt/seat b i la representative shall be an elected official; the alternate may be an elected official or high level staff member. 4.2 The Board will be responsible for overall program direction, approving Technical Advisory Committee recommendations, and on-going communication with the governing body of each member jurisdiction. 4.3 A majority of the voting representatives shall constitute a quorum of the Board which shall be required to conduct business. The Board shall act by majority vote of the quomm. The Board shall establish its own bylaws and rules of procedure, and may modify these as appropriate. Such bylaws and rules shall be consistent with the provisions of the Agreement, and modifications to such bylaws and rules will not alter this Agreement. 4.4 The Chair and Vice-Chair shall be elected by a majority of the voting representatives on the SCATBd, and each shall be one of the representatives of a member city or county. The Chair and Vice Chair shall serve a tenn of one year from January I through December. 4.5 The Chair and Vice Chair shall conduct the SCA TBd activities within adopted procedures and guidelines. They are responsible for setting meeting agendas, ensuring fair opportunity for discussion, signing correspondence, and speaking on behalf of SCA TBd. 4.6 With a simple majority, the SCATBd can adopt resolutions in support of member jurisdictions or regional activities, authorize studies, approve correspondence or request infonnation. 5.0 Committees 5.1. The Board may establish such committees as are necessary to carry out its purpose including but not limited to a Technical Advisory Committee as described below. 5.2. Each member jurisdiction or agency shall appoint an appropriate department director or division manager to the Technical Advisory Committee (T AC). The City of Seattle, Pierce County, the City of Tacoma, and Pierce Transit may appoint similar level staff to the T AC. Other jurisdictions, agencies, or groups may be added as detennined by the Board. The T AC shall provide technical assistance as requested by the Board and shall advise the Board of emergent transportation issues for the Board's consideration. To the extent possible, existing technical or other work groups with which South County jurisdictions are participating should be used. South County area staff could, if necessary, fonn a subarea caucus for the purpose of assisting in bringing issues to the Technical Advisory Committee or the Board. 6.0 Lead Agency King County shall provide general administrative and program support for the SCA TBd and will be the Lead Agency for the purposes of coordination and receipt of any funds or contract 11/22/99 5 g/ s u bareas/scatbd/ agreem en t/ scatb i la administration. King County assumes wage and benefits cost of its staff perfonning Lead Agency responsibilities.- 7.0 Member Agency Staff Support Each member jurisdiction and. agency is expected to contribute such staff as is necessary to accomplish the work program adopted by the SCA TBd. - 8.0 Work Program The SCA TBd may undertake activities consistent with its purposes and shall prepare an annual work program for the following year and progress report on the year just completed for submittal to its members. 9.0 Cost Sharing GuideJines: At such time that member jurisdictions and agencies agree thàt a specific undertaking of the Board requires financial support, these guidelines shall generally apply: (1) Annual Review of Financing: The Board shall detennine by June 30 of each year whether a financial contribution will be requested of the Board jurisdictions and agencies. (2) Member Jurisdictions: Costs shall be shared among member jurisdictions other than King County by a method as detennined by action of the Board. Unless agreed to otherwise, King County's share shall be limited to the costs of providing staffsupport. (3) Member Agencies: The member agencies shall not be expected to make a direct funding contribution. However, subject to the availability of member funding, in-kind contributions may be necessary as detennined by an action of the Board.- (4) Modification to Agreement Required: A modification to this agreement specifying cost- sharing, purpose, scope of work and other details is required to obligate a member jurisdiction to funding participation. 10~0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to SCA TBd but shall make any contributions required to be paid to other parties under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining parties shall amend this Agreement as necessary to 11/22/99 6 gI su bareas/ scatbd/ agreem en t! scatb i la reflect changes in the named parties and cost and revenue allocations. In the event of withdrawal by a party, this Agreement shall terminate as to that party but shall continue in effect with respect to the remaining parties. However, the termination of this Agreement with respect to one or more parties shall not affect any of the parties' rights or obligations, including any rights or obligations of a withdrawing party, that are expressly intended to survive termination. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds to support said obligations. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw as provided herein, or remain as a non-voting member. 11.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2002, unless terminated earlier or extended in accordance with Section 17.0. 12.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Declaration of Termination. Upon termination, no party shall be required to make any additional I contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 14.0. 13.0 Reál and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 12.0, any personal property other than cash shall remain with the Lead Agency. 14.0 Return of Funds At such time as this Agreement expires or is terminated in accordance with Section 12.0, any unexpended and uncommitted funds shall be distributed in equal shares among the contributing parties at the time of termination. 15.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 11122/99 7 glsu bareas/ scatbd/agreem en t/scatbi la 16.0 Legal Relations 16.1 The parties shall comply with all applicable state and federal laws and regulations. 16.2 This Agreement is solely for the benefit of the. parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agree~ent. No employees or agents of one party or any of its contractors or subcontractors shall be deeme.a, or represent themselves to be, employees of any other party. 16.3 Each party shall defend, indemnify and hold harmless the other parties and all of their officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the indemnifying party, its contractor, and/or employees, agents, and representatives in performing the indemnifying party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive, as respects the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event any party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such reasonable fees, costs and expenses shall be recoverable by the prevailing party. 16.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 17.0 Entirety and Modifications 17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. This Agreement may be modified or extended only by written instrument signed by all parties hereto. 18.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. 11/22/99 8 gI s u bareas/ seatbd/ agree men t/ sea tb i I a Signature Page IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. CITY OF ALGONA KING COUNTY CITY OF TUKWILA By By By Date Date Date CITY OF AUBURN . CITY OF KENT PIERCE TRANSIT By By By Date Date Date CITY OF BLACK DIAMOND CITY OF MAPLE VALLEY PORT OF SEATILE By By BY Date Date Date CITY OF BURlEN CITY OF MILTON PUGET SOUND REGIONAL COUNCIL By By Date Date By Date CITY OF COVINGTON CITY OF NORMANDY PARK SOUND TRANSIT By By Date By Date Date CITY OF DES MOINES CITY OF PACIFIC TRANSPORTATION IMPROVEMENT BOARD By By Date By Date Date CITY OF ENUMCLA W CITY OF RENTON WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, OFFICE OF By By URBAN MOBILITY Date Date By Date CITY OF FEDERAL WAY CITY OF SEAT AC By By -, Date Date 11/22/1999 9 gI su barasl scatbdl agreem e n tI scatb i la MEETING DATE: March 21, 2000 ITEM# ~ ....................................................................................................................................................................................................... ............................................ CITY OF FEDERAL WAY City Council AGENDA ITEM ... .~y'~~.ç.!.~... ç~ ~ ~.~~~~.~.~~.~. ~f.~ P..~~~. ~L ~.~.~ Q..ç~ ~Y.. ç ~ ~ ~ ~.~~. ~ ~g.~J~~..M. ~.~~~ .~.g. .......................... ....... ................... .......... ........ . CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE _X_BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................. ATTACHMENTS: None ....................................................................................................................................................................................................... ............................................. SUMMARY /BACKGROUND: Mayor Park is recommending the Council suspend rules to provide for the cancellation of the City Council regular meeting scheduled for April 4, 2000, due to the lack of a quorum; four Council members will be absent from the city during their sister city trip to Asia. ....................................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: None ....................................................................................................................................................................................................... ............................................. CITY MANAGER RECOMMEND A nON: (¡st motion) Motion to suspend Council rules to allow for cancellation of the April 4, 2000 regular meeting; and (2nd motion) Motion to cancel the April 4, 2000 regular meeting. ....................................................................................................................................................................................................... ............................................. APPRO VEnSION IN CO UN CIL PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # MEETING DATE: March 21, 2000 ITEM# c1lIL (a) ......................................................................................................................... .............................. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Carry Forward Budget Adjustment Ordinance ......................................................................................................................................... ...... ......... CATEGORY: BUDGET IMP ACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $22,935,375 Contingency Reqd: $ ......................................................................................................................................... ... ... ......... ATTACHMENTS: Carry Forward Budget Adjustment Ordinance, memorandum explaining changes ........................................................................................................................................................ SUMMARYIBACKGROUND: The purpose of the carry forward budget adjustment is to update beginning balances to actuals and to appropriate for projects that were budgeted in the prior year, but were not completed. ......................................................................................................................................... ............... CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed and approved by the Finance Committee during their meeting on February 29th. Minor updates have been incorporated since the Finance Committee meeting as outlined in the attached memorandum. .................................................................................................................................................... .... CITY MANAGER RECOMMENDATION: Motion to approve the carry forward budget adjustment ordinance. =~;::::. ::: .~~ ~~ ~ ~ ~ ~ :.:. ~:: ~:~ .~=~~............ ........... ........ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # ................ ........................................................................................................................................ CITY OF FEDERAL WAY MEMORANDUM DATE: March 21, 2000 FROM: City Council Marie Mosley. Deputy Management Services Director i'ft'U.J..;... Carry Forward Budget Adjustment Ordinance TO: SUBJECT: The carry forward budget adjustment ordinance was reviewed at the Finance Committee meeting on February 29th. During that meeting, we informed the committee that we were still making minor adjustments to the carry forward adjustment. The following are the adjustments that have been incorporated into the carry forward budget adjustment ordinance since the Finance Committee meeting: Updates to Beginning Fund Balance - Total $11,431: General Fund - $8,421 Dumas Bay Center - $3,010 Expenditure Carry Forward Adjustments - Total $2,821,720: General Fund - Domestic Violence CDBG Grant - Law Department - $21,648 CDBG Fund - Reallocation of CDBG estimated Grant Funds - ($11,988) Parks CIP - Open Space Reimbursement - $17,000 SWM CIP - SeaTac Mall PWfF Loan - $2,750,000 SWM CIP - Adjust 5-year Monitoring Budget - ($2,715) Dumas Bay Center - Appropriate carry forward of Capital Funds - $47,775 Revenue Adjustments - Total $2,798,061: General Fund - CDBG Grant for Domestic Violence - Law Department $21,648 General Fund - COPS Bullet Proof Vest Program Grant - $21,401 CDBG Fund - Reallocation of CDBG estimated Grant Funds - ($11,988) Parks CIP - Open Space Reimbursement - $17,000 SWM CIP - SeaTac Mall PWfF Loan - $2,750,000 These adjustments are included in the ordinance that is before you for consideration. CITY OF FEDERAL WAY MEMORANDUM DATE: February 29, 2000 TO: FROM: Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director'~ Carry Forward Budget Adjustment Ordinance SUBJECT: Background The carry forward budget adjustment serves two purposes. First of all it adjusts the beginning fund balance in each fund to agree to actuals. The beginning fund balance is adjusted due to actual revenues and expenditures being different than the budgeted amounts. The second purpose of the carry forward budget adjustment is to appropriate for projects that were budgeted in the prior year, but not completed and will continue during the current year. All funds, except the General and Street fund are designated for specific purposes provided by state statute or council action. General & Street Fund Operations: Fund Balance Adjustment- The General and Street Funds operations for 1999 resulted in an additional $669,843 in ending fund balance. Of this amount, $521,699 is the result of additional revenues received above the adjusted amount and $148,144 is the result of expenditure savings during 1999. The primary source of additional revenues is sales tax ($362,000) and gambling tax ($147,000). These are additional revenues received over and above the mid-biennium adjustment. Continued Projects - The General and Street Fund adjustment for projects and activities result in additional appropriations of $1,034,146. In addition to these expense adjustments, we are also increasing revenues for grants and other minor sources in the amount of $735,506. The general fund had a beginning undesignated fund balance of $238,661 plus the $669,843 in additional fund balance from 1999 operations. These transactions result in an undesignated ending fund balance of $609,864 in 2000, which we are recommending remain in undesignated fund balance at this time. The expenditure adjustments include: municipal court startup ($91,122), major system upgrades for timekeeping, financial, permit tracking, imaging ($346,759), Steel lake maintenance facility improvements ($105,959), seizure balance ($158,932), CD consultant services ($47,767), Police & PW grants ($52,637), public safety contracts for Thomas Jefferson school and Des Moines warrant processing ($114,000), traffic & street equipment ($39 681). Other Project Specific Funds: The remaining funds are project specific in nature or the revenues received are designated for specific purposes, which are reappropriated for those purposes only. These include $18,591,612 in capital projects, including 2% for Arts ($113,274), government access channel ($22,549) and Arterial Street overlay program ($349,431). The Internal Service fund appropriations amount to $361,387, which reflect a portion of the General and Street Fund operating adjustments related to the major software upgrades that will be continued during 2000. Action Requested Motion: Recommend approval of the attached carry forward budget adjustment in the amount of $20,113,655. These adjustments result in an undesignated ending fund balance of $609,864 and a designated general fund balance of $310,000 for prefunding pay for performance and CDBG.interfund loan. The ending fund balance is unappropriated and can only be utilized upon the City Council's approval and formal appropriation. APPROVAL BY COMMITTEE: J¿ Committee Member ~..~~ Co mi~ Chair C -I CITY OF FEDERAL WAY 2000 CARRYFORWARD ADJUSTMENT General Fund: Ci(y Manager Municipal Court Start-up-1999 Balance Diversity Commission Sister City $91,122 $1,500 $2,000 Management SeNices RE Transfer to DP for Document Imaging System RE Transfer to DP for Kronos Timekeeping System RE Transfer to DP for Eden Financial System Wellness Expenditures-1999 Balance Education Assistance-1999 Balance HEX, codification, etc. $42,500 $66,000 $78,600 $2,491 $14,515 $2,000 Law Deoartment' Domestic Violence CDBG Grant $21,648 Community DevelQplTlent Human Services Contract-1998 Balance Human Services Contract-1999 Balance Human Services-Enchanted Parks Donations Human Service-Combined Giving Campaign Neighborhood Matching Grant-1999 Balance Contracted Services-Code Amendment-1999 Balance RE Transfer to DP for Permit System RE Transfer to Building Fund for Filing System-Disputed Amount Consultant or Intem-source is SCA incentive for meeting GMA Reportng Requiremts $1,200 $2,533 $1,977 $8,431 $12,127 $37,000 $117,159 $5,000 $10,767 Public Safe(y RE transfer to DP for Document Imaging System 1998 LLEBG Grant T J School Security Officer Des Moines Contract Seizure Fund Balance Traffic School Explorer Donation $42,500 $36,569 $67,000 $47,000 $158,932 $14,786 $729 Street Fund: CTR Grant Expenditures-1999 Balance RE Transfer to Bldg Fund for Filing Cabinet Budget Amount Transferred in from Parks CIP for Steel Lake Maintenance Facility Budget Amount for Steel Lake Maintenance Facility-Source is Streets Savings Budget Amount for Steel Lake Maintenance Facility-1999 Approved Project Replacement Reserves - 5 yd Dump Truck Traffic Equipment-Decorative Lights Traffic Equipment-Crossing Improvements-Hearing Impaired Aided-Council Direction $16,068 $8,000 $5,959 $50,000 $50,000 $20,000 $5,244 $14,437 Arterial Street Fund: Asphalt Overlay Program-1999 Balance $349,431 Solid Waste & Recycling Fund: Local Hazardous Waste Management Program Grant-Increase Over Amount Originally Budgeted COP Business Recycling-Decrease Amount Originally Budgeted COP Special Recycling-Decrease Amount Originally Budgeted CPG (Coordinated Prevention Grant)-Increase Over Amount Originally Budgeted $25,970 ($1,318) ($392) $24,738 Special Studies/Contracts Fund: Government Channel Cable Broadcasting-1999 Balance $22,549 Hotel/Motel Tax Fund: Marketing/Promotional Materials-1999 Balance Historical Society-1999 Balance Convention Center/Performing Arts-1999 Balance 15,000 5,000 20,000 2% for the Arts Fund: 2% for Arts for Celebration Park-1999 Balance $113,274 CDBG Fund: Reallocate Programs ($11,988) Surface Water Management Fund: Temporary Helpllntem-SWM inventory project-1999 Balance $9,308 AIrport Strategic Reserve Fund: Transfer Interest Earnings to Risk Mgmt for Self-Insurance (Bal in excess of $1.7M) $28,204 3/14/00 5:02 PM OOcarrytho sum 00 886.086 $169,708 $349,431 $48,998 $22,549 40,000 $113,274 ($11,988) $9,308 $28,204 CITY OF FEDERAL WAY 2000 CARRYFORWARD ADJUSTMENT City Facilities CIP: Public Safety Facility-1999 Balance Downtown Revitalization-Capital-1999 Balance Downtown Kiosk - 1999 Balance Downtown Operations-Consulting Contracts-Legal Fund Downtown Operations-Sign Incentive Program Downtown Operations-Story Board Traffic CIP: Dash Point Road @ 8th Ave SW-1999 Balance S 336th @ SR 99 (13th Ave S to 18th)-1999 Balance $5,387,892 $2,691,846 $50,000 $144,318 $177,532 $5,000 $8,456,588 $17,000 $170,060 $150,000 $150,000 $100,000 $122,294 $11,377 $27,229 $5,959 $65,653 $2,522 $70,000 $892,094 $1,655,613 $2,750,000 $69,198 $623,020 $196,986 $11,992 $175,244 $5,482,053 $238,122 $200,700 $438,822 $282,590 $9,113 $1,736,906 $409,399 $26,000 $859,542 $27,948 $339,800 $226,160 $63,746 $36,141 $1,153,269 $943 $91,262 $11,934 $76,622 $36,530 $46,665 $125,024 $9,678 $12,370 $19,444 $5,601,086 47,775 47,775 $1,628 $117,159 $42,500 $42,500 $66,000 $78,600 $348,387 $8,000 $5,000 $13,000 22,935,375 22,935,375 2 Parks CIP: Open Space-Revised Budget-info pending from Jenny School Site Improvements-1999 Balance School Site Improvements-Paul Allen Contribution/lAC Grant School Site Improvements-FW Soccer Association Contribution School Site Improvements-FW School District Contribution Neighborhood Parks-1999 Balance Celebration Park-1999 Balance Klahanee Lake Improvements-1999 Balance Steel Lake Improvements-Transfer Balance to PW Operations for Building Fund BPA Phase 111-1999 Balance Skateboard Park-1999 Balance Panther Lake-1999 Balance Surface Water Management CIP: SeaTac Mall Detention-1999 Balance SeaTac Mall PWTF Loan Star Lake Road/S 272nd Conveyance Improvements-1999 Balance S 356th Drainage Regional Storage Facility-1999 Balance W Hylebos Channel Stabilization CIP Studies-1999 Balance 5 Year Monitoring Program Transportation CIP: S 356th St SR99 to 1st Ave-1999 Balance SW 336th, 21st to 26th SW-1999 Balance ROW 23rd Ave S, S 317th to S 326th-1999 Balance ROW 23rd Ave S, S 317th to S 326th-1999 Grant-Exp not budgeted in 1999 S 348th 15 to SR99-1999 Balance S 312th-SR99 to 23rd Ave S-1999 Balance Military Road S, S 286th St to S 288th incl 304th Street-1999 Balance Other Street CIP Projects-1999 Balance S 320th St & Highway 99 Intersection Improvements-1999 Balance 21stAve SW & SW 334th Street Pedestrian Improvements-1999 Balance SW 340th St & Hoyt Road-1999 Balance SR99 Improvements-S 312th to S 324th-1999 Balance S 330th StlSR99-1999 Balance S 330th StlSR99-1999 Grant Balance-Exp not budgeted in 1999 S 330th StlSR99-1999 Grant Balance-Exp not budgeted in 1999 SR99 Phase II, S 324th St to S 340th St-Budget Mitigation Fees Received SR99 Phase II, S 324th St to S 340th St-Budget Mitigation Fees Received SR99 Phase II, S 324th St to S 340th St-Budget Mitigation Fees Received SR99 Phase II, S 324th St to S 340th St-Budget Mitigation Fees Received S 312th St at 8th Ave S Traffic Signal-Budget Mitigation Fees Received S 336th at Weyerhauser Way South-Budget Mitigation Fees Received S 336th at Weyerhauser Way South-Budget Mitigation Fees Received Dumas Bay Center: Deferred Maintenance/Capital Account Information Sytems Fund: HP Lase~et 4050TN for Police/PO #039669 Permit System-Capital-1999 Approved Project Document Imaging System-Capital-Police-1999 Approved Project Document Imaging System-Capital-City-wide-1999 Approved Project Kronos Timekeeping System-Capital-1999 Approved Project Eden Financial System-Capital-1999 Approved Project Building & Furnishings Fund: PW Filing Cabinet CD Filing Cabinet-Disputed Amount Grand Total 3/14/00 5:02 PM OOcarrytho sum 00 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FED ERAL WAY, W ASHIN G TON, RELA TIN G TO BUDGETS AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET (AMENDS ORDINANCE 98-325, 99-338, 99-345 AND 99-356). WHEREAS, certain revisions to the 1999-00 Biennial Budget are necessary; and WHEREAS, these revisions are a result of funds to be carried forward from 1999; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Ordinance 99-356, Section 1, is hereby amended to adopt the revised budget for the years 1999-00 biennium in the amounts and for the following purposes: Section I. 1999-00 Biennial Budget. That the budget for the 1999-00 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ("2000 Revised Budget"). Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD.# ,PAGEl c-4 Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2000. CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K: I \fin Ibienniallordinanc lOOcarfwdadj. doc ORD.# , PAGE 2 c-!:) Fund ordinance 00 EXHIBIT A 2000 REVISED BUDGET Revenues & Other Sources Ex enditures&OtherUses Fund Balance Revised Change In Revenue Revised Revised Expenditure Revised Reserved! Budget Fund Balance Adjustment Budget Budget Adjustment Budget Unreserved $ 27,696,312 $ 530,581 $ 756,528 $ 28,983,421 $ 27,147,649 $ 886,086 $ 28,033,735 $ 949,686 - -.- 3,345,675 147,681 22,027 3,515,383. 3,345,675 169,708 3,515,383 1,548,979 349,431 1,898,410 1,548,979 349,431 1,898,410 6,999,405 652,789 7,652,194 4,245,306 4,245,30611 3,406,888 540,391 14,464 48,998 603,853 263,368 48,998 312,366 291,487 22,549 22,549 22,549 22,549 155,052 155,052 55,052 55,052 II 100,000 75,000 27,965 12,035 115,000 75,000 40,000 í 15,000 113,274 113,274 113,274 113,274 618,868 5,822 (11,988) 612,702 618,868 (11,988) 606,880 5,822 30,765 755 31,520 31,520 4,541,054 321,727 4,862,781 4,288,775 9,308 4,298,083 564,698 - 1,800,000 28,204 - 1,828,204 100,000 28,204 128,204 1,700,000 300,000 - 300,~00 - 300,000 10,029,078 321,432 10,350,510 5,612,159 5,612,159 4,738,351 859,493 8,473,691 9,333,184 842,000 8,456,588 9,298,588 34,596 529,810 487,693 433,726 1,451,229 - 45~,6~4 892,094 1,345,788 105,441 5,460,428 414,897 2,750,000 8,625,325 2,240,5.24 - 5,482,053 7,722,577 902,748 21,041 481,088 502,129 438,822 438,822 63,307 1,167,607 5,209,949 1,293,072 7,670,628 660,000 5,60.1,086 6,261,086 1,409,542 615,885 47,775 663,660 615,885 47,775 663,660 2,008,163 111,631 28,204 2,147,998 641,829 641,829 1,506,169 2,528,868 (8,501) 348,387 2,868,754 1,227,814 348,_387 1,576,201 1,292,553 266,941 3,424 270,365 128,312 128,312 142,053 2,539,680 34,474 20,000 2,594,154 764,980 764,980 1,829,174 1,418,446 (5,892) 13,000 1,425,554 453,113 13,000 466,113 959,441 $ 75,098,941 $17,786,903 $5,713,989 $98,597.833 D $55.328.982 $22,935;375 General Fund Special Revenue Funds: Street Arterial Street Utility Tax Solid Waste/Recycling Special Contract/Studies Snow & Ice HotellMotel Lodging Tax 2% for the Arts Grants - CDBG Paths and Trails Surface Water Management - Impact Fee Strategic Reserve Airport Strategic Reserve Debt Service Fund Capital Project Funds: City Facilities Parks SWM Traffic Streets Enterprise Fund: Dumas Bay Center Internal Service Funds: Risk Management Information Systems Support Services Fleet & Equipment Buildings & Furnishings Payroll Benefits Grand Total All Funds k:lfir' 'iallordinanclOOcarrytho ordinance 00 3/14/00 4:52 PM MEETING DATE: March 21,2000 ITEM# W- Lb) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Valley Com Interlocal Agreement CATEGORY: BUDGET IMPACT: X- CONSENT _ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ 1,030,800 Expenditure Amt: $ 1,030,800 Contingency Reqd: $ -0- ATTACHMENTS: PRHSPS Committee Report. Draft Interlocal Agreement, Federal Way PDA Ordinance. Kent PDA Ordinance. and PDA Charter and Bylaws. SUMMARY /BACKGROUND: See attached committee report. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend the full City Councill) authorize the City Manager to sign the attached interlocal agreement with the cities of Auburn., Kent, Renton. and Tukwila. providing or ownership in Valley Communications. and adopt an ordinance approving the formation of a PDA. CITY MANAGER RECOMMENDATION: Motion to l) authorize the City Manager to sign the attached interlocal agreement with the cities of Auburn., Kent, Renton. and Tukwila providing or ownership in Valley Communications. and adopt the attached Federal Wa ordinance a . the fonnation of a PDA. APPROVED FOR INCLUSION IN COUNCIL PA (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACI'ION: _APPROVED _DENIED _TABLEDIDEFERRED/NO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\aenda.bil Item 5C CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTJBE Date: March 13, 2000 From: Parks, Recreation, Human Services & Public Safety Committee David MO~ager t-~')"- '" f')~ Derek Matheson, Assistant to the City Manage!:p v \ Iwen Wang, Management Services Director ~ To: Via: Subject: Valley Com Interlocal Agreement Back2round: Since the Public Safety Department's formation in 1996, dispatch services have been provided by Valley Communications, a public service agency owned by the cities of Auburn, Kent, Renton, and Tukwila. In early 1999, the owner cities extended an offer to Federal Way to become a fifth owner of the agency, in exchange for a $3 million contribution (the amount has since been reduced to $2.567 million) toward a new $15.4 million facility. At the same time, the Federal Way Fire Department expressed interest in closing its South Com dispatch center and contracting with the City for dispatch services via Valley Com. An interdepartmental staff team ITom the City Manager's Office, Public Safety Department, and Management Services Department analyzed the proposal fÌ"om an operational and financial standpoint. The team recommend that the City Council accept the offer and the Fire Department partnership, as it would give the City greater control over the agency's policies and operations, enhance regional cooperation (especially between Federal Way police and fire), and reduce long- term costs. The Council voted unanimously to approve the City's ownership in Valley Com on July 20, 1999. The attached interlocal agreement officially implements Council's decision. It provides for Federal Way to be an equal (one-fifth) owner of the agency, gives the Mayor a seat on the agency's Administration Board and the Public Safety Director a seat on its Operations Board, ànd commits Federal Way to funding its share of the new facility. In addition, the interlocal permits the City of Federal Way to enter into an interlocal agreement (essentially a subcontract) with the Federal Way Fire Department to provide the Fire Department with dispatch services via the City's ownership in Valley Com. A separate interlocal between the City Federal Way and Federal Way Fire Department will be drafted for Council's approval in the upcoming months. Public Development Authoritv (PDA): As discussed above, the new Valley Com facility would be financed with debt issued by a Public Development Authority (PDA). The purpose of the PDA is to pool the $12.7 million bond issue and achieve a lower issue cost. and possibly lower interest rate than would be possible if each owner city issued $2.6 million in bonds individually. One-fifth of the total debt ($2.6 million) appears on each city's financial statements, and each city is responsible for one-fifth of the debt service payments. The Federal Way Fire Department would pay 15% of the City's debt service payments. Two types of action are necessary to form the PDA. First, each owner city must pass an ordinance consenting to the PDA and approving a charter and set of bylaws in concept. Secondly, the City of Kent must adopt an ordinance officially forming the PDA and setting forth the charter and bylaws for the agency. (Under state law, only one city can actually form a PDA, though a group of cities may govern it. Kent was selected to form the PDA because it has experience with PDAs.) The Kent ordinance, plus the PDA charter and bylaws are attached for your information. Once formed, the PDA would issue the debt prior to September 1. Please note this committee packet must be distributed prior to a meeting among finance directors at which the PDA documents will be finalized. Some documents are likely to change at this meeting based upon the input of our city attorney and other city attorneys (such as the ordinance forming the PDA). If this occurs, the updated versions and an explanation of changes will be forwarded to committee members. Committee Recommendation: Motion to recommend the full City Council 1) authorize the City Manager to sign the attached interlocal agreement with the cities of Auburn, Kent, Renton, and Tukwila, providing for ownership in Valley Communications, and 2) adopt an ordinance approving formation of a PDA. .4\ J I "4;, . VALLEY COM AGREEMENT TIllS AGREEMENT is entered into among the undersigned municipalities, the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, all of which are municipal corporations under the laws and statutes ofthe State of Washington (the "Member Cities"). RECITALS WHEREAS, the undersigned municipal corporations have established and maintain a consolidated emergency services communication center, known as the "V ALLEY COMMUNICATIONS CENTER" ("ValleyCom"); and WHEREAS, this agreement is fonned to be consistent with the provisions and tenns of the "Interlocal Cooperation Act" pursuant to RCW 39.34, et seq.; and WHEREAS, ValleyCom provides improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the participating local governments, together with such other governmental units that have contracted with ValleyCom for communications services; and WHEREAS, one of Valley Com's objectives is to provide consolidated telephone, radio and alarm communications and dispatching services for participating local government units; and WHEREAS, the continued maintenanée, operation, and improvement ofValleyCom will be of substantial benefit to the citizens of the undersigned cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: V ALLEY COM AGREEMENT - 1 P:\CiviI\FlLES\Op<nFiks\0400\ V alkyComAgreemcnt.AccoptRedline4. doc .; 1. Valley Communications Center - Membership, Authority, and Powers. On August 20, 1976, the cities of Auburn, Kent, Renton, and Tukwila founded a governmental administration agency pursuant to RCW 39.34.030(3)(b), .which was known as the "V ALLEY COMMUNICATIONS CENTER ("ValleyCom")." ValleyCom has the responsibility and authority for emergency service communications and all related incidental functions for communicating and dispatching services between the public and the participating cities' public safety departments in the furtherance of improved public safety and emergency response. Since its formation, ValleyCom also has served, and continues to serve, other municipal corporations ("Subscribing Agencies") that exist within the logical, physical service area and that need emergency service communications. Accordingly, all existing Subscribing Agency agreements are hereby ratified and confmned. Any agreement with additional municipal entities shall be in writing and approved by ValleyCom as provided for in this agreement. In furtherance of protecting public safety and emergency response in the South King County region, the City of Federal Way, currently a Subscribing Agency, has requested to become a fully participating Member City. On August 4, 1999, ValleyCom's Administration Board agreed to include Federal Way as a full, participating Member City, commencing January I, 2000. Accordingly, ValleyCom's participating Member Cities are hereby revised to include Federal Way, and, as used hereafter in this agreement, any reference to the "Member Cities" will include the cities of Auburn, Federal Way, Kent,. Renton, and Tukwila. VALLEY COM AGREEMENT --2 P. IC iviJIFl LESIOpenf il",\O4oo1 v aIkyComAgre<m<nt. AcceptRedline4. doc ., In addition, the City of Federal Way may enter into an interlocal agreement with. the Federal Way Fire Department for the purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in ValleyCom. Upon execution of the ~ter1ocal agreement, the City of Federal Way may, at its option and under such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire Department to function, as do the Auburn, Kent, Renton, and Tukwila Fire departments, for the purposes of its representation on the Operations Board and for the purposes of calculating and remitting payment for dispatch services. Subject to addition, amendment or removal by the Administrative Board, ValleyCom's powers shall include, but not be limited to, the following: a. Recommend action to the legislative bodies of the participating members; Review and approve budget expenditures; Establish policies for expenditures of budget items for the Center; Review and adopt a personnel policy for the ValleyCom Center; Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the operation of the ValleyCom Center; Conduct regular meetings as may be designated by the Administration Board; c Determine what services shall be offered and under what terms they shall be offered; Enter into agreements with third parties for goods and services necessary to fully implement the purposes ofthis agreement; Establish rates for services provided to other members, subscribers or participating agencies; Direct and supervise the activities of the operations board and the Center Director; Incur debt in the name of the Center to make purchases or contract for services necessary to fully implement the purposes of this agreement; Enter into agreements with, and receive and distribute funds, from any federal, state or local agencies; Receive all funds allocated to the Center from its members; To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or b. c. d. e. f. g. h. 1. J. k. 1. m. n. V ALLEY COM AGREEMENT - 3 Po ICivillFILES\OpenFilcsl04001 V alleyCOmAgr<==l. Ac«ptR<:<Ilin<4. do<: .. 2. o. personal property, or any interest therein, in the name of the Valley Communications Center; To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all of its property and assets; To sue and be sued, complain and defend, in all courts of competent jurisdiction in the Center's name; . To make and alter bylaws for the administration and regulation of its affairs; Enter into contracts with future participating members and subscribers to provide communications services; To hold radio ftequency licenses to enable the Center to operate radio communications and dispatch systems to meet its public safety responsibilities; and Any and all other acts necessary to further ValleyCom's goals and. purposes. p. q. r. s. t. Duration of Agreement. The term of this agreement shall be for five (5) years ftom its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this agreement. 3. Withdrawal and Termination. 3.1 Any Member City may withdraw its membership and terminate its participation in this agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in anyone year. After providing appropriate notice as provided in this section, that Member City's membership withdrawal shall become effective on the last day ofthe year following delivery and service of appropriate notice to all other Member Cities. 3.2 Three (3) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a complete termination ofValleyCom and this agreement. Upon an affirmative supermajority vote (majority plus one) by the Member Cities, ValleyCom shall be directed to wind up business, and a date will be set for final V ALLEY COM AGREEMENT - 4 P ICi,;J\flLESIQpcnfiksIO4001 V alkyComAgrccm<Tlt.Acc<!'tRcdJinc4 doc termination, which shall be at least one (1) year from the date of the vote to terminate this agreement. Upon the final termination date, this agreement shall be fully terminated. 3.3 In the event any Member City fails to budget and provide the required annual membership funding for ValleyCom, the remaining M~mber Cities may, by majority vote, immediately declare the underfunding City to be terminated from this agreement and to have forfeited all its rights under this agreement as provided in Section 3.5. The remaining Member Cities may, at their option, withdraw ValleyCom's emergency communications support with that City or, alternatively, enter into a Subscribing Agency Agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. 3.4 Time is of the essence in giving any termination notice. 3.5 If an individual Member City withdraws its membership in ValleyCom, the withdrawing city will forfeit any and all rights it may have to ValleyCom's real or personal property, or any other ownership in ValleyCom, unless otherwise provided by the Administration Board. 3.6 Upon termination of this agreement, all property acquired during the life of the agreement shall be disposed of in the following manner: a. All real and personal property purchased pursuant to this agreement shall be distributed based on equal shares apportioned to those Member Cities still existing on the day prior to the termination date; and V ALLEY COM AGREEMENT - 5 P: IC;viI\FILES\Opcnfilcsl04001 V aJlcyComAgrc<m<nt. AcccptRcdJìnc~ .doc b. All unexpended funds or reserve funds shall be distributed based on the percentage oftotal annual charges assessed by the Administration Board during the period of this agreement and paid by each Member City. . 4. Administration Board. 4.1 The affairs of ValleyCom shall be governed by an Administration Board composed of one member from each participating Member City, and that member shall be the Mayor or his or her designee. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Administration Board. 4.2 A Presiding Officer shall be elected by the Board's members, together with such other officers as the majority of the Board may detennine. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday in February of each year to review the prior year's service and the second meeting shall be on the second Tuesday in September of each year to review and present a budget. Other meetings may be held upon request of the Presiding Officer or any two (2) members. 4.3 The Administration Board shall be authorized to establish bylaws that, govern procedures of that Board and ValleyCom's general operations. V ALLEY COM AGREEMENT - 6 P: IC iviJlFILESIOpcnFiksIO4001 V all<) <: omAgr«m<nt. Acc<ptRedJine4. doc 5. Operating Board. 5.1 There is further established an Operating Board which shall consist of two (2) members of each participating Member City's Public Safety Department(s), including the head of those Department(s) and/or their designee(s). The pwpose and duties of the Operating Board shall be established by the Administrative Board. Each Operating-' Board member shall have an equal vote in all Board decisions. The Operating Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operating Board. 5.2 The Operating Board shall elect a Presiding Officer from its members and shall detennine the time and place of its meetings; however, the Operating Board shall hold at least one (1) regular meeting each month at a time and place designated by the Presiding Officer or by a majority of its members. Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than -24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operating Board may dispense written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all Operating Board members. 6. ValIeyCom Director. ValleyCom's current director is hereby confinned. Upon the occurrence of a temporary or pennanent vacancy in the Director position, the Operating Board shall recommend to the Administration Board a person to act as V ALLEY COM AGREEMENT - 7 P: \C¡vi~F1 LES\OpcnFil<s\0400\ V allcyComAgrccmcntAcccptRcdl¡nc4. doc ValleyCom's Director. The Director shall be responsible to the Operating Board and shall advise it from time to time on a proposed budget and other appropriate matters in order to fully implement the purposes of this agreement. The Director shall administer ValleyCom in its day-to-dayoperations consistent with the policies adopted by the Administration Board and/or the Operations Board. The Director shall have experience in technical, financial, and administrative fields and his or her appointment shall be on the basis of merit only. 7. Personnel Policy. 7.1 The Operating Board shall, as necessary from time to time, submit to the Administration Board a proposed ValleyCom personnel policy for the Administration Board's approval, rejection or modification. All modifications or revisions must have the final approval of the Administration Board. 7.2 At the time ValleyCom was first fonned, the ValleyCom personnel policy previously provided for appointment to V alleyCom' s staff from personnel that were pennanently appointed or assigned as dispatchers in the participating Member Cities prior to fonnation. Accordingly, for a period of one (1) year from the time the Federal Way Fire Department begins its transition to ValleyCom for dispatch services, ValleyCom shall give preference in hiring to those persons that were pennanently appointed as dispatchers in the Federal Way Fire Department, if those persons have the skills and abilities necessary to perfonn required job functions. Additional and subsequent employees, with the exception ofValleyCom's Director, shall be appointed by the Director upon meeting the qualifications established by the Operating Board and adopted by the Administration Board. No employees V ALLEY COM AGREEMENT - 8 P: IC ivil\FIlESIOprnFil<s\O4001 V oIl<yComAgrwnenl. A cceptRedline4. doc ., shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement System, as provided by law. 8.0 Budget. 8.1 The Director shall present a proposed budget to the Operating Board. on or before August 15 of each year, which budget shall then be presented to the Administration Board not later than September 1 of each year. However, should the Administration Board elect to budget on a biennial, rather than amlUal, basis, the August 15 and September 1 deadlines established in the previous sentence shall only apply every other year. Thereafter, the Member Cities shall be advised on the programs and objectives as contained in the proposed budget and of the required financial participation for the following year. The allocation of prorated financial participation among local governments shall be the percentage of dispatched calls attributed to each jurisdiction compared to the total dispatched calls.. The percentages shall be applied to the current approved budget less revenue from outside sources. Upon approval by each participating Member City of its budgetary allocation for ValleyCom's operation in the following year, and upon verification thereof to ValleyCom, the Administration Board shall, after a public hearing as provided by law, adopt its final budget for the following year. Member Cities shall be billed. bimonthly and payments made on or about the first day of February, April, June, August, October, and December of each year. ValleyCom will bill Subscribing Agencies in accordance with approved agreements between ValleyCom and those Subscribing Agencies. 8.2 In the event the City of Federal Way has not become a Member City by January 1, 2000, all dues paid by Federal Way as a Subscribing Agency in the 2000 V ALLEY COM AGREEMENT - 9 P \C;viIlflLESIOp<nFiks\0400\ v aJi<yComAgre<m<ntAcc<ptRedlinc4 .doc ---- --"-",--"""",,"""'---'-'----.-----.-.-.---....-- -'.'-.._.---u' -...' "-'-"-'--""'-------------"---'-'~"-"-~^"'~---'V'-""---.- ............._----~_c- ..... calendar year will be credited against the budgeted Member City obligation assigned to Federal Way for the 2000 calendar year, and Federal Way's status as a Member City will be ratified and relate back to January 1, 2000. 9. Contracts and Support Services. The Administration Board (or the . Operating Board or the Director, if so designated by the Administration Board) shall, as necessary, contract with appropriate local governments for the use of space for its operations, and for staff and auxiliary services including, but not limited to, records, payroll, accounting, J purchasing and data processing. 10. Policy and System Evaluation. The Director shall actively and continuously consider and evaluate all means and opportunities toward the enhancement of operational effectiveness of emergency services so as to provide maximum and ultimate benefits to the members ofthe general public. The Director shall present his or her recommendations to the Operating Board from time to time. Any substantive change or deviation from established policy, however, shall have the prior approval ofthe Administration Board. 11. Additional Service Authorized. The Administration Board shall evaluate and detennine the propriety of including additional communications and dispatching services for local governments, whenever so requested, and shall determine the means of providing those services, together with its costs and effects. These additional services may include, but shall not be limited to, the following: allowance for public and private buildings, additional communications and dispatching operations, and any related incidental functions. V ALLEY COM AGREEMENT - 10 P: IC i . iIlF1LESIOpcnFilesl04001 V alleyComAgrec:m:nl. AcceptRedline4 . doc . 12. Inventory and Property. 12.1 Equipment and furnishings for V alleyCom' s operation shall be acquired by ValleyCom as provided by law. If any Member City furnishes equipment or furnishings for ValleyCom's use, title to the same shall rest with the respective local entity unless that equipment is acquired by ValleyCom. 12.2 The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operating Board a complete inventory together with CUlTent valuations of all equipment and furnishings owned by, leased or temporarily assigned to ValleyCom. In case of dissolution of ValleyCom, any assigned or loaned items shall be returned to the lending govemmental entity and all other items, or funds derived from the sale thereof, shall be refunded and distributed to Member Cities in equal shares. However, to the extent ValleyCom liquidates all or part of the existing communications facility (located at 23807 98th Avenue South, Kent, Washington, 98031) or its property and equipment, the funds derived from the sale thereof will be refunded and distributed to the four original Member Cities only, Auburn, Kent, Renton and Tukwila. 12.3 Ownership of Real Property. Title to real property purchased or otherwise acquired shall be held in the name of the Vallèy Communications Center; provided, however, that for valuable consideration received, ValleyCom may convey ownership of any real property as may be approved by a majority of the Administration Board. 13. Local Control and Interconnect. Each Member City and each Subscribing Agency shall retain the responsibility and authority for its operational departments and for VALLEY COM AGREEMENT - 11 P: \Civil\FILES\O~"<s\O400\V a1!eyComAgr«:m<nl. AcceptRedlinc4. doc such equipment and services as are required at its place of operation to interconnect to ValleyCom's operations. Interconnecting equipment and services may be provided for ValleyCom's budget and operational program. 14. Dispatch Facility, Financing, and Construction. 14.1 In order to address increased growth and to provide necessary services for Member Cities and for Subscribing Agencies, the Administration Board has determined to construct a new dispatch facility. The Member Cities shall contribute to the financing of the development ofthe new dispatch facility on a pro-rata basis, each Member City paying twenty percent (20%) of the total cost of development, less contributions from grants, other public agencies, or other sources. 14.2 The new ValleyCom Dispatch Center, including all equipment, furnishings and fixtures, will constitute a critical link to the Member Cities and the Subscribing Agencies' ability to provide police, fire, and life safety protection services, particularly in times of a critical emergency or natural disaster. Consequently, this new center is essential to the preservation of the public health, safety and welfare. As a result, this center's equipment, furnishings and fixtures are unique and subject to special standards. Accordingly, based on the facts presented in this subsection, it is hereby resolved that the established policy of the Member Cities is that the new ValleyCom Dispatch Center constitutes a "special facility" under RCW 39.04.280 (1)(b), and all purchases of any kind or nature for the new ValleyCom Dispatch Center shall be exempt from competitive bidding requirements. VALLEY COM AGREEMENT - 12 P: ICiviIlFILES\Op<nf iles\O400\ V alleyComA grccmcnt.AcccptRedl ine4. doc 14.3 The Administration Board shall authorize, and the Chair of the Administration Board, or his or her approved designee, will execute contracts for the development of the new ValleyCom Dispatch Center. These contracts may include, without limitation, contracts for architectural, design, coIJ1I!1unications, project management services, real estate acquisition, engineering, and construction. 14.4 The Member Cities will finance the property acquisition and construction of the new facility as agreed by the Administration Board and as provided by law. 15. Legal Assistance. The participating municipal entities agree to furnish legal assistance, from time to time, as approved by the Administration Board. The Administration Board may contract with the City Attorney of a participating city. 16. E911 Participation. ValleyCom may implement or contract for implementation of an E911 System for use within the area served, insofar as is practical. 17. Intergovernmental Cooperation. ValleyCom shall cooperate with local, State and Federal governmental agencies according to guidelines of the Police Dispatching Study in order to maximize the utilization of grant funds for equipment and operations. 18. Compliance with Criminal History Records Information Laws. ValleyCom shall bear full responsibility for ensuring that the law enforcement data communications network and any Criminal History Records Infonnation received by means of that network, shall be used solely for the purposes of the due administration of the V ALLEY COM AGREEMENT - 13 P. IC ivillFl LES\OpcnFilesIO4001 V alkyCo mAgrw11cnt. A cceptRcdl i11C4 . doc .... "'-"--"-"--"----'-_U_-----'-----'----'---,,--,- criminal laws or for the purposes enumerated in Chapter 43.43 RCW, as now enacted or hereafter amended. ValleyCom shall establish rules and regulations governing access to, security for, and operation of the data communications network and any Criminal Justice Records Information received by means of that network. 19. Hold Harmless. Each Member City shall defend, indemnify and save all other Member Cities harmless from any and all claims arising out of that City's negligent performance of this agreement. Any loss or liability resulting from the negligent acts, errors, or omissions of the Administration Board, Operation Board, Center Director and/or staff, while acting within the scope of their authority under this agreement, shall be borne by the Valley Communications Center exclusively. The provisions ofthis Section 19 shall survive the termination or expiration of this agreement. 20. Repealer and Ratification. All prior interlocal agreements entered into among the four original Member Cities are repealed as of the effective date of this agreement. All existing Subscribing Agency agreements will remain in effec.t. All prior acts taken by ValleyCom or the Member Cities that are consistent with this agreement and any prior Member City interlocal agreements are hereby ratified and confirmed. 21. Filing of Agreement. Upon execution, this agreement shall be filed with the City Clerks of the respective Member Cities, the Secretary of State, and such other governmental agencies as may be provided by law. VALLEY COM AGREEMENT .. 14 P:ICivi1\flLES' Op<nFilesIO400\ v aJ1ejComAgr«m<nt.Acc<!,t Rcdlinc4. doc 22. Severability. If any part, paragraph, section or provision ofthis agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part or provision of this agreement. 23. Execution and Effective Date. This agreement, and any amendments, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution, or ordinance. The agreement, or any amendment, shall be deemed adopted and effective upon the date of execution by the last authorized representative. 24. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT, WASHINGTON: CITY OF TIJKWIIA WASHINGTON: By: Its: Date: By: Its: Date: VALLEY COM AGREEMENT - 15 P. IC i,i~FILES\Op<nFilcs\0400\ V aJi<yComAgrecm:nt.AcctptRedline4. doc CITY OF AUBURN, WASHINGTON: CITY OF RENTON, WASHINGTON: By: Its: Date: By: Its: Date: CITY OF FEDERAL WAY, WASHINGTON: By: Its: Date: Notary Acknowledf!ements Aooear on FolJowinf! Paf!e V ALLEY COM AGREEMENT - 16 P. IC ¡ villFl LESIO¡xnFilcsIO4001 Y aJJ<yC omAgre<m<nt. Accq>tRedlin<4. doc STATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this. day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared Jim White, to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -NotiJry Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires ST ATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this - day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Tukwila, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COM AGREEMENT - 17 P ICi viJ\fILESIOp<nfiksIO4001 V all<)<:omAgrmnentAcceptRedline4 .doc STATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this - day of , 199_, befote me a Notary Public in and for the State of Washington, personally appeared , to me knownto be the of the City of Auburn, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corPoration, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year fll"st above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this - day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Renton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COM AGREEMENT - 18 P:\C iviI\FILES\0pcnF~es\O400\ V allc:yC omAgTeemenl. Aeeepl Redl ine~ . doe ... ',f STATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this - day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Federal Way, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COM AGREEMENT -19 p, ICivillFl L E S\OpcnFiles \O~ 001 V alkyComAgr«m<nt. Acc<ptRcdlinc4. doc -----------._----------- -- --- ---..----.-. - - -- .----. ---. - --- ...-...". -,-""... ~.--c....~~'.'.-, ~..~..--._.-- '---"----'H""_"_'~U~'~'-~-"""'^'-'-"'---"'-'~- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE . FORMATION OF THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY. WHEREAS, pursuant to motion, this City Council has approved the Valley Communications Center Agreement (the "Interlocal Agreement"), to be executed between and among the Cities of Auburn, Federal Way, Kent, Renton and Tukwila (collectively, the "Cities") providing for consolidated emergency communications services through an enterprise known as the Valley - Communications Center; and WHEREAS, the Interlocal Agreement contemplates that the Cities, collectively, under the Interlocal Agreement will acquire land and acquire, construct and equip a facility for the operations of the Valley Communications Center (the "Project"); and WHEREAS, the Cities also are considering the formation of a public authority for the purpose of issuing and servicing bonds in order to provide for the financing of the Project; and WHEREAS, the City of Kent will act as the host city for the formation, subject to the approval of each of the other Cities; THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES ORDAIN AS FOLLOWS: Section 1. Approval of Formation of the Authority. Pursuant to RCW ch. 39.34 and RCW 35.21.730 through RCW 35.21.755, the City Council of the City of Federal Way ("Federal Way" ) hereby approves the creation of a public authority by the City of Kent to be designated as ORD# . , PAGE I -"'-------"--"""""" '-""~-"".. ,'.",>e, ,.'A'.".."", ,-, 'V""~"'^--~"">if.U~<'~"'-~"__'_'",.,c~'n",.""- ,. "'.n"n,~,>""'~_"ð"",.~-_..__'__n_-.._- the Valley Communications Center Development Authority (the "Authority"). The purpose of the Authority is to provide an independent legal entity under State law to finance the acquisition, construction and equipping of the V alley Communications Center through the issuance and servicing oflong term debt in the aggregate principal amount of not to exceed $12,758,000 (the "bonds"). The proposed form of ordinance to be considered by the City Council of the City of Kent, along with the Charter and the Bylaws of the Authority, drafts of which are attached hereto, as Exhibits A, Band C, respectively, are hereby approved. The City Council hereby approves the formation by the City of Kent of the Authority by the approval of such ordinance, Charter and Bylaws substantially in the forms presented to this Council. Section 2. Limited Liability: Independent Obligations. The Authority shall be an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All ,liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of the Authority. No creditor or other person shall have any recourse to the assets, credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions of the Authority. Section 3. City Contributions to Operations and Bonds. Pursuant to the Interlocal Agreement, the Cities shall pay an allocable portion of the budgeted expenses of Valley Communications Center not paid from other sources, which allocable portion shall be based on the percentage of dispatched calls attributed to each jurisdiction compared to total dispatched calls. In addition to the foregoing commitment, the Cities also will contribute in equal shares to pay debt service on the bonds as the same shall become due and payable and to pay administrative expenses with respect to the bonds. No City shall be obligated to pay the share of any other City; the obligations of Federal Way with respect to the bonds shall be limited to its (twenty percent) equal ORD# " PAGE 2 allocable share of such obligations; and all such payments shall be made without regard to the payment or lack thereof by any other jurisdiction. All payments with respect to the bonds shall be made to Valley Communications Center in its capacity as administrator and servicer of the bonds to be issued by the Authority. The City of Federal Way hereby obligates and commits itself to budget for and pay its allocable share of the financial obligations represented by the bonds. Section 4. Allocation for Purposes of Bank Qualification. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, Federal Way agrees that the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Cities. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of . this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force from and after passage and publication as provided by law. ORD# ., PAGE 3 PASSED by the City Council of the City of Federal Way this ,19- CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\Publicaulhoriry. val Revised 03.13.00 ORD# " PAGE 4 day of _'~"""'-""""'---"""'_""""'U~'_~_'_'",,'- .h-n.-.-...""-'.""-' . """'.. - -,"""'" -.-." - n_- .. -- ----'-_._-~--_._._____m- ',. EXHIBIT A ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, . Washington, relating to Valley Communications Center and creating the Valley CommÙnications Center Development Authority; approving a charter and initial bylaws therefor; establishing a Board of Directors to govern the affairs of the Authority; and approving procedures for the conduct of its affairs. THE CITY COUNCIL OF THE CITY OF KENT DOES ORDAIN as follows: SECTION l. following meetings. DEFINITIONS. Capitalized terms used in this ordinance have the Authority means the Valley Communications Center Development Authority, created pursuant to this ordinance. Board of directors or Board means the governing body vested with the management of the affairs of the Authority. Bonds means the long term obligations of the Authority, to be issued to provide financing for the Project. Bylaws means the rules adopted for the regulation or management of the affairs of the Authority adopted by this ordinance as the same may be amended by the Board. Charter means the articles of organization of the Authority adopted by this ordinance and all subsequent amendments thereto. Cities means the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. City Clerk means the clerk of the City of Kent or a person authorized to act on his or her behalf; and in the event of reorganization of the office of clerk, the successor official performing such duties or a person authorized to act on his or her behalf. Councils of the Cities means the governing body of each of the Cities. Director means a member of the Board. lnter/ocal Agreement means the Valley Communications Center Agreement, among the Cities, to be dated as provided therein, and heretofore approved by motion of the Kent City Council, as such Interlocal Agreement may be hereafter amended in accordance with its terms. --.. ,,"/~;<,.! "", ',', Kent means the City of Kent. Project means the acquisition, construction. and equipping of a new facility for the operations of the Valley Communications Center. Valley Communications Center means the consolidated emergency services communications center known as the Valley Communications Center pursuant to the Interlocal Agreement. SECTION 2. INTERLOCAL AGREEMENT. Pursuant to motion, this City Council has approved the Valley Communications Center Agreement (the "Interlocal Agreement"), to be executed between and among the Cities providing for consolidated emergency communications services through an enterprise known as the V alley Communications Center. The Interlocal Agreement contemplates that the Cities, collectively, under the Interlocal Agreement will acquire land and acquire, construct and equip a new facility for the operations of the Valley Communications Center (the "Project"). SECTION 3. AUTHORITY CREATED--CITY LIABILITY LIMITED. A. AUTHORITY CREATED. As authorized under RCW 35.21.730 through RCW 35.21.755, a public authority (the "Authority") is hereby created, with powers and limitàtions as set forth in its Charter and this . ordinance, to provide an independent legal entity under State law to finance the acquisition, construction and equipping of the Project through the issuance and servicing of long term debt in the aggregate principal amount of not to exceed $12,758,000 (the "Bonds"), and to perform any other function specified in its Charter. B. KENT LIABILITY LIMITED. The Authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of the Authority; no creditor or other person shall have any recourse to the assets, credit, or services of Kent on account of any debts, obligations, liabilities, acts, or omissions of the Authority. C. CONTRlBUTIONS OF THE CITIES~ Pursuant to the Interlocal Agreement, the Cities shall pay an allocable portion of the budgeted expenses of Valley Communications Center not paid from other sources, which allocable portion shall be based on the percentage of dispatched calls attributed to each jurisdiction compared to total dispatched calls.. In addition to the foregoing commitment, the Cities also will contribute in equal shares to pay debt service on the Bonds as the same shall become due and payable and to pay administrative expenses with respect to the Bonds. No City shall be obligated to pay the share of any other City; the obligations of Kent with respect to the -2- -----------,._------- ¥..- ,., ~- " Bonds shall be limited to its (twenty percent) equal allocable share of such obligations; and all such payments shall be made without regard to the payment or lack thereof by any other jurisdiction. All payments with respect to the Bonds shall be made to Valley Communications Center in its capacity as administrator and servicer of the Bonds to be issued by the Authority. Kent hereby obligates and commits itself to budget for and pay its allocable share of the financial obligations represented by the Bonds. SECTION 4. NAME. The name of the Authority shall be the Valley Communications Center Development Authority. - SECTION 5. POWERS--GENERALL Y. Except as limited by the state constitution, state statute, this ordinance or the Charter of the Authority, the Authority shall have and may exercise all lawful powers necessary or convenient to effect the purposes for which the Authority is organized and to perfonn authorized corporate functions, as provided in its Charter. SECTION 6. CHARTER AND AMENDMENTS. The Charter of the Authority (the "Charter"), attached hereto as Exhibit A and incorporated by this reference herein, is hereby approved. The Charter shall be issued in duplicate originals, each bearing the seal of Kent attested by the City Clerk. One original shall be filed with the City Clerk; a duplicate original shall be provided to the Authority. Amendments to the Charter may be initiated by the Board or by the Kent City Council. All amendments to the Charter initiated by the Kent City Council shall be presented to the Board for consideration and approval and shall not become effective unless approved by a majority vote of the Board. All amendments to the Charter, regardless of how initiated, shall become effective only following approval by ordinance approved by the Kent . City Council and the Councils of at least three other Cities. SECTION 7. AUTHORITY; COMMENCEMENT OF EXISTENCE. The Authority shall commence its existence effective upon fulfillment of each of the following: (1) Each of the Councils of the Cities has approved the creation of the Authority by Kent; (2) This ordinance shall become effective; and (3) The Charter shall have been executed, and the Charter and Bylaws shall be on file with the City Clerk. Except as against the state or Kent in a proceeding to cancel or revoke the Charter, delivery of a duplicate original Charter shall conclusively establish that the Authority has been established in compliance with the procedures of this ordinance. SECTION 8. BOARD OF DIRECTORS. The Administration Board of Valley Communications Center, established pursuant to Section 4 of the Interlocal Agreement, shall act ex officio as the Board of the Authority. All corporate powers of the Authority shall be exercised by or under the authority of the Board of Directors; and the business, property and affairs of the .., --'- m - --- - - u - .-.__.w_--~._~-_.....~.._. '. -~ .,~.,'",.'.,',",~. ,"' '."~H'-' "-'. ""'~-'..'1~.,,-,'-~"""~'"---'-' ....., .,,_.... ... ,'~--~'."" ,~~...,,_.~V,~-'-.."'>--,,~~~- Authority shall be managed under the supervision of the Board of Directors, except as may be otherwise provided by law or in the Charter. SECTION 9. ORGANIZATIONAL MEETING. At the next meeting of the Administration Board of Valley Communications Center to occur following the formation of the Authority, the Board shall hold its organizational meeting. At such meeting, the Board shall organize itself and may appoint officers. SECTION 10. BYLA WS. The initial bylaws (the "Bylaws") of the Authority, attached hereto as Exhibit B and incorporated by reference in this ordinance, are hereby approved. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be vested in the Board except as otherwise provided in the Charter. The Bylaws shall be consistent with the Charter. In the event of a conflict between the Bylaws and this ordinance or the Charter, this ordinance or the Charter, as the case may be, shall control. , SECTION 11. DISSOLUTION. A. If four of the Councils of the Cities, each by ordinance, make an affirmative finding that dissolution is warranted for any reason, the existence of the Authority shall be terminated by ordinance of the Kent City Council. Dissolution shall be accomplished as provided in the Charter, and shall not take effect until proper provision has been made for disposition of all Authority assets, if any. B. Upon satisfactory completion of dissolution proceedings, the City Clerk shall . indicate such dissolution by inscription of 'charter canceled' on the original Charter of the Authority, on file with the City Clerk and, when available, on the duplicate original of the Authority, and the existence of the Authority shall cease. The City Clerk shall give notice thereof pursuant to state law and to other persons requested by the Authority in its dissolution statement. ' SECTION 12. ANCILLARY AUTHORITY. The administrative staff of Kent are granted all such power and authority as reasonably necessary or convenient to enable each of them to administer this ordinance efficiently and to perform the duties imposed in this ordinance or the Charter. SECTION 13. CONSTRUCTION. This ordinance shall be liberally construed so as to effectuate its purposes and the purposes ofRCW 35.21.730-.755. -4- "..-.. ~.._..-.., ~~.. --"'-'-'~~-~'~.LL"""'>""'~-'~"""~JiM,-,.,",-"V":'o.,"",>u."", "~'-~~--~""""'U""""""""""""""""",""",-v..(Y.~ SECTION 14. This ordinance shall take effect and be in force ITorn and after passage and publication as provided by law. PASSED by the City Council of the City of Kent, Washington this - day of , 2000, and signed in authentication of its passage this day of 2000. , Mayor Approved as to fonn: . City Attorney , Deputy City Attorney Attest: Mae Miller, City Clerk Published -5- Nk-""-""~-"""""""""""""'-<>':H';Œ<I-'.:'U'.O':,-l?,,':,,\-,:,-;""""'¡,'"",.", .,c"""""""'-'.> """"""""'.0'.0 Ú.'~"è- ,,:::,,~c_-c,.,.,'b,,"""""""'~'""'M"L'~<~v"~'N'n'~-~---.- 1: " , EXHIBIT B CHARTER OF THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY ARTICLE I NAME AND SEAL Section 1.01 Name. The name of this authority shall be the Valley Communications Center Development Authority (hereinafter referred to as the "Authority"). Section 1.02 Seal. The Authority's seal shall be a circle with the name "Valley Communications Center Development Authority" inscribed therein. ARTICLE II AUTHORITY AND LIMIT ON LIABILITY Section 2.01 Authoritv. The Authority is a public authority organized pursuant to RCW 35.21.730-.757, as amended (the "Act") and the following identified ordinances (collectively, the "Ordinance"): 1. 2. 3. 4. 5. Ordinance No.- of the City of Auburn, passed on April 3, 2000; Ordinance No. - of the City of Federal Way, passed on March 21, 2000; Ordinance No. - of the City of Kent, passed on May 2,2000; Ordinance No. - of the City of Renton, passed on March 28,2000; and Ordinance No. - of the City of Tukwila, passed onApril 3, 2000. Section 2.02 Limit on Liability. .All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or liabilities of the Authority which are not limited recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the Authority which, by their terms, are limited recourse obligations, from such assets, properties or revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being the source of payment of such limited recourse obligations or liabilities, and no creditor or other person shall have any right of action against or recourse to the Cities of Auburn, Federal Way, Kent, Renton and Tukwila Washington (collectively, the "Cities"), its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the Authority. Section 2.03 Liability of the Authority and the Cities. The following disclaimer shall be printed or stamped on all contracts, bonds, and other documents that may entail any debt or liability by the Authority. The Valley Communications Center Development Authority is a public authority organized pursuant to Ordinance No. - of the City of Auburn, Ordinance --.. '--".--'--.'.-..-. '.-"'-----U '~"~.'.'.'-'-""."~'..~d ",,",,",..---.,..--...--. -.. .._- .' -.. "'-'" .~. '~~~A"-~-><._--'---"'-'-'----------'-----'-"-'-'~-""""""'h No. - of the City of Federal Way, Ordinance No. - of the City of Kent, Ordinance No~ - of the' City of Renton and Ordinance No. - of the City of Tukwila and the laws of the State of Washington, RCW 35.21.730 through RCW 35.21.757 and RCW ch.39.34. RCW 35.21.750 provides as follows: "[A]ll liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public . corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." In no event shall the obligations of the Authority be payable by recourse against any properties, assets or revenues of the Cities of Auburn, Federal Way, Kent, Renton or Tukwila, Washington, the State of Washington or any other political subdivision of the State of Washington. No person to whom such obligations are owed shall have any recourse or right of action against the Cities of Auburn, Federal Way, Kent, Renton or Tukwila, Washington, the State of Washington or any other political subdivision thereof on. account of such obligations, except to enforce the payments obligated to be made by ordinance by each of the Cities of Auburn, Federal Way, Kent, Renton or Tukwila. Any of the Cities may, by ordinance or contract or pursuant to interlocal agreement, agree to . pay (on a contingent basis or otherwise), all or any portion of the obligations of the Authority; however, (1) no City shall be obligated beyond the proportion or sum specified by ordinance or contract, and (2) no City shall be obligated, directly or indirectly for the obligations of any other City. ARTICLE III DURATION The duration of the Authority shall be perpetual except as provided in the Ordinance. ARTICLE IV PURPOSE The purpose of the Authority initially is to provide an independent legal entity under State law and the Ordinance to finance the acquisition, construction and equipping of the Valley Communications Center through the issuance and servicing of long term debt in the aggregate principal amount of not to exceed $12,758,000 (the "Bonds") and, thereafter, to finance the undertaking of technology and major capital improvements essential to maintain the Center's functionality, but such additional improvements may be made only with a supermajority vote of the Board.. A "supermajority vote of the Board," as used in this Article, may be obtained at any regular or special Board meeting by an affirmative vote of a majority plus one of the Board members voting on the issue, provided that such majority equals not less than four (4) votes. -2- 03/13/00 For the purpose of securing the exemption from federal income taxation for interest on obligations of the Authority, the Authority constitutes an authority and instrumentality of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila (within the meaning of those terms in regulations of the United States Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103 and Section 115 of the Internal Revenue Code of 1986, as amended). For purposes of Section 265(b )(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, the amount of each issue of obligations of the Authority shall .be allocated in equal shares among each of the Cities. ARTICLE V POWERS Section 5.01 Powers. The Authority shall have and may exercise all lawful powers conferred by state laws, the Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions shall be subject to the powers, procedures, and limitations contained in the Ordinance. Section 5.02 Indemnification. To the extent permitted by law, the Authority may protect, defend, hold harmless and indemnify any person who becomes a director, officer, employee or agent of the Authority, and who is a party or threatened to be made a party to a proceeding by reason related to that person's conduct as a director, officer, employee or agent of the Authority, against judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her in connection with such proceeding, if such . person acted in good faith and reasonably believed his or her conduct to be in the Authority's best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The indemnification and protection provided herein shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract or by vote of the Board of Directors. The Authority may purchase and maintain appropriate insurance for any person to the extent provided by the applicable law. ARTICLE VI BOARD Section 6.01 Board Composition and Term of Office. Management of all Authority affairs shall reside in the Board. The Administration Board of Valley Communications Center, established pursuant to Section 4 of the Interlocal Agreement, shall act ex officio as the Board of the Authority. Board members shall have terms coextensive with their terms as members of the Administrative Board of Valley Communications Center. Section 6.02 Board Concurrence and Quorum Defined. "Board concurrence," as used in this Article, may be obtained at any regular or special Board meeting by an affirmative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than three (3) votes. Any Board action authorizing the issuance of debt shall be required to be approved by a supermajority vote of the Board. " -.)- 03/13/00 - IIi A quorum to commence a Board meeting shall be no fewer than three (3) members. The bylaws of the Authority may prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this Section 6.02. Board members present at a duly convened meeting may continue to transact business notwithstanding the departure of enough members to leave less than a quorum. . Section 6.03 Officers and Division of Duties. The Authority shall have at least one officer, President. The President shall be the agent of the Authority for service of process; the Bylaws may designate additional corporate officials as agents to receive or initiate process. The Board also may provide for additional officers, e.g., Vice President, Secretary, Treasurer. The day to day affairs of the Authority, including debt administration, shall be managed by the Director of Valley Communications Center, in the manner provided in Section 6 of the Interlocal Agreement. Section 6.04 Executive Committee. The Bylaws may provide for an Executive Committee, which shall be appointed and/or removed by the Board, and shall have and exercise such authority of the Board in the management between meetings of the Board, as may be specified in the Bylaws. Section 6.05 in the Bylaws. Committees. The appointment of other committees shall be provided for ARTICLE VII MEETINGS Section 7.01 Board Meetings. 1. The Board shall meet as necessary but not fewer than two (2) times a year. 2. Special meetings of the Board may be called as provided in the Bylaws. Section 7.02 O~en Public Meetings. To the extent required by law, notice of meetings shall be given in a manner consistent with the Open Public Meetings Act, Chapter 42.30 RCW. Voting by telephone or by proxy is not permitted. Section 7.03 Parliamentary Authority. The rules of Robert's Rules of Order (revised) shall govern the Authority in all cases to which they are applicable, where they are not inconsistent with the Charter or with the special rules of order of the Authority set forth in the Bylaws. Section 7.04 Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them as required by state law; minutes with respect to closed executive sessions need not be kept or alternatively, need not be made available. -4- 03lE'OO . ,;~,'"ij --<"tJ - ~~1 -i;-' ARTICLE VIII BYLAWS The initial Bylaws may be amended by the Board to provide additional or different rules governing the Authority and its activities as are not inconsistent with this Charter. The Board may provide in the Bylaws for all matters related to the governance of the Authority, including but not limited to matters referred to elsewhere in the Charter for inclusion therein. ARTICLE IX AMENDMENT TO CHARTER AND BYLAWS Section 9.01. Proposals to Amend Charter and Bylaws. Proposals to amend the Charter may be initiated by the Kent City Council or by the Board. Proposals to amend the Bylaws may be initiated by the Board. Proposals to amend the Charter initiated by the Kent City Council shall be presented to the Board, in accordance with the terms of the Ordinance. Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner described in the following Sections 9.02 and 9.03. Section 9.02 Proposals Initiated bv the Board. I. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes over material to be deleted and underlines new material. 2. Any Board member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of which advance notice has been given to members of the Board. Section 9.02 Board Consideration of Proposed Amendments. Ifnotice of a proposed amendment to the Charter or to the Bylaws, and information, including the text of the proposed amendment and a statement of its purpose and effect, is provided to members of the Board prior to any regular Board meeting or any special meeting of which advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendJ,TIent is introduced. Germane amendments to the proposed amendment within the scope of the original amendment will be permitted at the meeting at which the vote is taken. Section 9.03 Vote Required for Amendments to Charter or Bylaws. Resolutions of the Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than three votes. Section 9.05 City Council Approval of Proposed' Charter Amendments. Proposed Charter amendments initiated and approved by the Board shall be submitted to the each of the Councils of the Cities; provided, however, that no amendment to the Charter shall be effective until approved by the Kent City Councils and three of the other Cities. -)- 03/13m ----- -- _u_-"_-_"~'..~-,.dnJ._--"...-------'------- -- --~--------------- -;";,"f"\'~ ARTICLE X COMMENCEMENT The Authority shall commence its existence effective upon the issuance of its Charter as sealed and attested by the City Clerk of the City of Kent as provided in the Ordinance. ARTICLE XI DISSOLUTION Dissolution of the Authority shall be in the form and manner required by state law, City ordinance, and the Bylaws. Upon dissolution of the Authority and the winding up of its affairs, title to all remaining property or assets of the Authority shall vest in Valley Communications Center or there is no Valley Communications Center in existence at the time, then in equal shares "in the Cities of Auburn, Federal Way, Kent, Renton and Tukwila for use for public purposes. ARTICLE XII APPROVAL OF CHARTER ORIGINAL CHARTER APPROVED by Ordinance - adopted by the City Council of the City of Auburn on April 3, 2000; Ordinance - adopted by the City Council of the City of Federal Way on March 21, 2000; Ordinance - adopted by the City Council of the City of Kent on May 2~ 2000; Ordinance - adopted by the City Council of the City of Renton onMarch 28, 2000; and Ordinance - adopted by the City Council of the City of "Tukwila on April 3, 2000. CERTIFICATE I, the undersigned, City Clerk of the City of Kent, Washington, DO HEREBY CERTIFY that the attached CHARTER OF VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY is a true and correct original of such charter as authorized by Ordinance No.- of the City of Kent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Kent this - day of ~ 2000. City Clerk of the City of Kent, Washington -6- 03/13/00 EXHIBIT B CHARTER OF THE Y3lley CommunicafunsCemer DevelQpment Authori~ As originally adopted pursuant to City of Kent Ordinance - Issued and Certified by the City Clerk on Kent, Washington ',', Section 1.01 Section 1.02 Section 2.01 Section 2.02 Section 5.01 Section 5.02 Section 6.01 Section 6.02 Section 6.03 Section 6.04 Section 6.05 Section 7.01 Section 7.02 Section 7.03 Section 7.04 TABLE OF CONTENTS Page ARTICLE! NAME AND SEAL Name ........ .... ............. ,...... ................... ........... ........ ................... ....... ..................... 1 Sea1...... .... ........ ........................... .................. ............................. .......... .................. 1 ARTICLE II AUTHORITY AND LIMIT ON LIABILITY Authority .... ....... ....... ........................................ ......... ...... .................... .................. 1 Liability of the Cities........................ ...... ........... .............. .............. ....................... I AFtTI<:LEIII DURATION ARTICLE IV PURPOSE AFtTI<:LE V POWEFtS Powers...........................................................................................,.......................3 Indemnification... ................................... ............ ........... ...................... ............... ... 3 AFtTICLE VI BOARD Board Composition and Term of Office ................,.............................................. 3 Board Concurrence and Quorum Defined ............................................................ 3 Officers and Division of Duties. ..... ............ ..........................................................4 Executive Committee.... .............. ........ ........... ........ ....... ............ .......... .... .............. 4 Committees ...........................................................................................................4 ARTI<:LE VII MEETINGS Board Meetings.... ......... ......................... ..,......... .... ......... ...... ....... ..................,...... 4 Open Public Meetings... ,............................................ ..........................,................ 4 Parliamentary Authority................................... ......... ......,..... ................................ 4 Minutes ........ ........................................................ ....,....... """"""""""""""" ....... 4 -1- PICMVVlCMW4CJ 03/13/00 ,~ ARTICLE VIII BYLAWS ARTICLE IX AMENDMENT TO CHARTER AND BYLAWS "Section 9.01 Proposals to Amend Charter and Bylaws .............................................................5 Section 9.02 Board Consideration of Proposed Amendments................................................... 5 Section 9.03 Vote Required for Amendments to Charter or Bylaws......................................... 5 Section 9.04 City Council Approval of Proposed Charter Amendments .................................. 5 ARTICLE X COMMENCEMENT ARTICLE XI DISSOLUTION ARTICLE XII APPROVAL OF CHARTER -11- PICMINICMW4CJ 03113/00 EXHIBIT C BYLAWS OF THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY ARTICLE I BOARD Section 1.01. Composition of the Board. For the purpose of determining Board composition and administration, the procedures set forth in the Charter and the Interlocal Agreement shall govern. ARTICLE II OFFICERS AND COMMITTEES Section 2.01. Officer Designated. The Presiding Officer of the Administration Board selected in the manner provided in Section 4.2 of the Interlocal Agreement shall be the President of the Board. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board. No person may simultaneously hold more than one office. In addition to the powers and duties specified below, the officers shall have such powers and perform such duties as the Board may prescribe. Section 2.02. Qualification and Term of Office. The additional officers shall be members of the Board or any other person designated by the Board who is at the time an official or employee of at least one of the Cities or Valley Communications Center. The additional officers shall be elected or appointed by the Board and shall hold office for terms established as a part of the original appointment or for terms established in accordance with the Interlocal Agreement. Section 2.03. Establishment of Committees. The Board, by resolution, may designate from among its members one or more committees, to represent the Board and, except as prohibited by the Charter, act for and on behalf of the Board. The designation of any such committee and the delegation thereto of authority shall not operate to relieve any member of the Board of any responsibility imposed by law. ARTICLE III MEETING Section 3.01. Regular Board Meetings. There shall be a minimum of two (2) meetings each year of the Board. Unless otherwise designated by the President, the first regular meeting shall be held on the second Tuesday in February, and the second regular meeting shall be on the second Tuesday in September. \ 't Section 3.02. Special Board Meetings. Subject to Article VII of the Charter, special meetings of the Board may be held at any place at any time whenever called by the President or a majority of the members of the Board. Section 3.03. Notice of Regular Board Meetings. No notice of the regular meeting shall be required, except of the first regular meeting after any change in the time or place of such meeting adopted by resolution of the Board as ~bove provided. Notice of such changed regular meeting shall be given by personal communication over the telephone to each Board member at least twenty-four (24) hours prior to the time of the meeting or by at least three (3) days notice by mail, telegram or written communication. If mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address of each Board member. In addition, the Authority shall routinely provide reasonable notice of meetings to any individual specifically requesting it in writing. At any regular meeting of the Board, any business may be transacted and the Board may exercise all of its powers. Section 3.04. Notice of Special Board Meetings. Notice of all special meetings of the Board shall be given by the Director of Valley Communications Center or by the person or persons calling the special meeting by deÌivering personally or by mail written notice at least twenty-four (24) hours prior to the time of the meeting to each Board member, to the Mayors of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila and to each local newspaper of general circulation and to each radio or television station that has requested notice as provided in RCW 42.30.080. In addition, the authority shall provide notice of special meetings to any individual specifically requesting it in writing. The time and place of the special meeting and the business to be transacted must be specified in the notice. Final disposition shall not be taken on any other matter at such meetings. Section 3.05. Waiver of Notice. Notice as provided in Sections 3.03 and 3.04 hereof may be dispensed with as to any member of the Board who at or prior to the time the meeting convenes files with the Board of the Authority a written waiver of notice or who is actually present at the meeting at the time it convenes. Such notice may also be dispensed with as to special meetings called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or, damage, where time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. Notice, as provided in Article IX of the Charter concerning proposed amendments to the Charter or Bylaws and votes on such amendments, may not be waived. Section 3.06. Notice to City Council. Notice of all meetings and minutes of all meetings of the Board shall be given to the City Council of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila by giving notice to the City Clerk of each of the foregoing Cities. -2- 03/13/00 ARTICLE IV AMENDMENTS TO CHARTER AND BYLAWS Section 4.01. Proposals to Amend Charter and Bvlaws. 1. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes over material to be deleted and underlines new material. 2. Any Board member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting. Section 4.02. Board Consideration of Proposed Amendments. If notice of a proposed amendment to the Charter or to the Bylaws, and information including the text of the proposed amendment and a statement of its purpose and effect, is provided to members of the Board prior to any regular Board meeting or any special meeting of which advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. Germane amendments to the proposed amending within the scope of the original amendment will be permitted at the meeting at which the vote is taken as provided in the Charter. Section 4.03. Vote Required for Amendments to Charter or Bvlaws. Resolutions of the Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a majority of the Board members voting on the issue, provided that such majority equals not less . than three votes. Section 4.04. City Council(s) Approval of Proposed Charter Amendments. Proposed Charter amendments shall be submitted for consideration to each of the City Councils of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila and shall take effect only if approved by ordinance approved by the Kent City Council and the City Councils of at least three other Cities. Section 4.05. Effective Date. Amendments to the Bylaws are effective upon adoption by the Board. .., - -'- 03/13/00 ARTICLE V ADMINISTRATIVE PROVISIONS Section 5.01. Books and Records. Valley Communications Center, on behalf of the Authority, shall keep current and complete books and records of account and shall keep minutes of the proceedings of its Board and its committees having any of the authority of the Board. The proceeds of any borrowing by the Authority shall be held, invested and disbursed by Valley Communications Center, subject to the terms and limitations established pursuant to "the Interlocal Agreement. Valley Communications Center shall provide a regular accounting of the financial affairs of the Authority to the Board at each regular Board meeting. The obligations of the Authority shall be administered by Valley Communications Center, and Valley Communications Center is hereby designated and delegated with full authority to administer such obligations, all in a manner consistent with the Interlocal Agreement. Section 5.02. Indemnification of Board Members. The Authority elects to defend and indemnify its present and former board members and officers and their successors, spouses and marital communities to the full extent authorized by law and the Charter. In addition, the right of indemnification shall inure to each Board member or officer and his or her spouses and marital communities upon his or her appointment to the Board and the event of his or her death shall extend to his or her heirs, legal representatives and estate. Each person who shall act as Board member or officer of the Authority shall be deemed to do so in reliance upon such indemnification and such rights shall not be exclusive of any other right which he or she may have. Section 5.03. Principal Office. The principal office of the Valley Communications Center Development Authority shall be23807 98th Avenue South, Kent, Washington 98031. Section 5.04. Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and end December 31 of each year, except the first fiscal year, which shall run from the date the Charter is issued to December 31,2000. ARTICLE VI APPROV AL OF BYLA WS APPROVED by Ordinance - adopted by the City Council of the City of Auburn on April 3, 2000; Ordinance - adopted by the City Council of the City of Federal Way on March 21, 2000; Ordinance - adopted by the City Council of the City of Kent onMay 2, 2000; Ordinance - adopted by the City Council of the City of Renton on March 28, 2000; and Ordinance - adopted by the City Council of the City of Tukwila on April 3, 2000. -4- 03/13/00