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Council PKT 10-01-2002 Special/RegularCity of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Jeanne Burbidge, Mayor Eric Faison Linda Kochmar Mary Gates Dean McColgan Michael Hellickson Mike Park CITY MANAGER David H. Moseley Office of the City Clerk October 1, 2002 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall October 1, 2002 (wwmci.[ederal-;~v~ay wa us) SPECIAL MEETING - 4:30 p.m. I. CALL MEETING TO ORDER II. PLANNING COMMISSION INTERVIEWS III. ADJOURNMENT SPECIAL MEETING - 5~30 p.m. I. CALL MEETING TO ORDER II. 2003-2004 PROPOSED BIENNIAL BUDGET City Manager Overview to Council III. ADJOURNMENT REGULAR MEETING - 7:00 p.m. I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PRESENTATIONS a. Youth Commission Introductions/Certificates of Appointment b. Proclamation/Domestic Violence Awareness Month c. Introduction of New Employees/City Manager d. Emerging Issues/City Manager Page 1 of 3 IV. 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 by the Mayor, please come forward to the podium and state your name for the record PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. V. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes/September 17, 2002 Regular Meeting b. Parks & Recreation Commission Appointment (unexpired term) c. Planning Commission Appointment (unexpired term) d. Diversity Commission Appointment (unexpired term) e. Human Services Commission Appointment (unexpired term) f. 2002-2003 Diversi .ty Commission Business Plan g. Neighborhood Traffic Safety Program/Criteria Revisions h. 2002-2003 Commute Trip Reduction (CTR) Program/Agreement with King. County METRO i. 2002 Asphalt Overlay Project/Final Acceptance & Release of Retainage j. 2003 Asphalt Overlay Program/Preliminary Project List & Authorization to Bid k. Authorizing City Manager to Execute Property Documents/Resolution VI. PUBLIC HEARING (Preliminary) 2003-2004 Proposed Biennial Budget/Revenue Sources · City Staff Presentation · Citizen Comment (3-minute limit per person) · City Council Discussion VII. CITY COUNCIL BUSINESS Planning Commission Appointments VIII. INTRODUCTION ORDINANCES a. Council Bill #305/Development Agreements & Related Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENTS TO CONSOLIDATE PUBLIC HEARINGS. Page 2 of 3 b. Council Bill #306/Tyco International, Inc/Fiber Optic Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING TYCO NETWORKS (US), INC., A NEVADA CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. IX. CITY COUNCIL REPORTS X. CITY MANAGER REPORT XI. EXECUTIVE SESSION a. Potential Litigation/Pursuant to RCW 42.30.110(1)(i) b. Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) XII. ADJOURNMENT THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW--FEDERAL WAY DOCUMENT LIBRARY" Page 3 of 3 PROCLAMATION WHEREAS, domestic violence is a crime that affects up to 50% of American women, and is the leading cause of women's visits to hospital emergency rooms; and WHEREAS, nationally, half o fall homeless women and children are fleeing domestic violence; and WHEREAS, domestic violence results in death, serious injury, isolation, emotional damage, chronic medical issues and poverty for victims; and WHEREAS, domestic violence can happen to anyone, regardless of race, religioas beliefs, income level, sexual preference, marital status or age; and WHEREAS, 75% of women killed by abusive partners are killed while leaving or after already having left the relationship; and WHEREAS, families and communities are strengthened by homing domestic violence perpetrators accountable for their crimes; and WHEREAS, increasing public awareness of domestic violence promotes safety, health and wellness for victims; and WHEREAS, October is nationally recognized as "Domestic Violence Awareness Month"; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim the month of October 2002, as "DOMESTIC VIOLENCE AWARENESS MONTH" in the City of Federal Way, and encourage everyone in our community to take an active role in supporting all victims, so they can lead healthy lives safe from violent and abusive behavior. SIGNED this Is' day of October, 2002. CITY OF FEDERAL WAY Jeanne Burbidge, Mayor Dean McColgan, Deputy Mayor Linda Kochmar, Councilmember Michael Hellickson, Councilmember Mary Gates, Councilmember Mike Park, Councilmember Eric Faison, Councilmember CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER ContingencyReq'd: $ ATTACHMENTS: Draft minutes of the regular City Council meeting held on September 17, 2002. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on September 17, 2002." CITY MANAGER APPROVAL: ~ ~k~ COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sx reading [] TABLED/DEFERRED/NO ACTION . Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting September 17, 2002 - 7:00 p.m. Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:06 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Mary Gates, Linda Kochmar, and Mike Park. Mayor Burbidge excused Councilmembers Eric Faison and Michael Hellickson. Staff present: City Manager David Moseley, Interim City Attorney Pat Richardson, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the flag salute. III. PRESENTATIONS a. Police Officers Swearing-In Ceremony City Manager David Moseley called upon Chief Anne Kirkpatrick to introduce the new officers. Chief Kirkpatrick asked new officers Donald King~ David Johnson, Raymond Bunk III, Stacey Holland, Greg Wells, and Steve Olson to come forward to be sworn into office. City Clerk Chris Green administered the oath of office to the new Federal Way officers. b. Proclamation/Constitution Week Mayor Burbidge read and presented the proclamation to the Lakota Chapter of the National Society Daughters of the American Revolution Representative Peggy Eisaman. Ms. Eisaman thanked Council for this recognition and noted this is the 215th anniversary of the signing of the Constitution. Federal Vt'ay City Council Meeting Minute, September 17, 2002 - Page 2 of 9 c. Proclamation/Walk Across Washington Day Mayor Burbidge read and presented the Walk Across Washington Day proclamation to Lt. Chris Norman, Chair of the city's Wellness Committee. Mr. Norman thanked Council for their support and encouraged citizens to sign up for the walk on the BPA trail, which will be held Sunday, October 6th. d. Proclamation/Mayors' Day of Concem for the Hungry Mayor Burbidge read and presented the proclamation to the Executive Director of Emergency Feeding Program, Arthur Lee. Mr. Lee accepted the proclamation and thanked the Council for the recognition, and encouraged citizens to give at local grocery stores on Saturday, September 28t". Mayor Burbidge encouraged anyone wishing to help staff local grocery store donation stations, contact the city's Human Services Department. e. Photographer Awards/Images Chosen for city Postcards City Manager asked Community Development Services Deputy Director/Economic Development Patrick Dorherty to give a brief presentation to Council on the city postcard program. Mr. Doherty reviewed each of the postcards that were chosen and presented a brief description of each. He noted the Lodging Tax Advisory Committee received well over 100 different images for consideration; and thanked both Barbara Reid for bringing the idea forward and the city's Graphic Artist Sharyn Earl for her work on this project. He distributed an honorarium to each of the photographers whose image was selected, and noted the postcards would soon be available through the Chamber of Commerce. f. Introduction of New Employees/City Manager City Manager announced there were no new employees to introduce at this time. g. Emerging Issues/City Manager Management Services Director Iwen Wang gave a brief presentation to Council on the Capital Facilities Plan. She also reviewed the 2002 Community Investment Survey results with the Council, highlighting the most important areas as perceived by the survey. Councilmember Gates asked that the survey results be posted on the city's website for citizens to review. Federal }Fay City Council Meeting Minutes September 17, 2002 - Page 3 of 9 City Manager also asked Lodging Tax Advisory Committee member David DeGroot update Council on the Tourism Sign Program. Mr. DeGroot briefed Council on the Committee work thus far on implementing directional tourism signs, which would point out the different tourism opportunities and attractions in the city with the theme "Explore Federal Way". The committee is very excited about implementing this project along with other projects such as a tourism map, and a quarterly events calendar. He noted the committee is looking at many different ideas for highlighting Federal Way's amenities in the future. IV. CITIZEN COMMENT David Herring, Lonnie Miller, and Fred Konkell reported to Council their unhappiness with the recent increase in noise level in their Marine Hills community from overhead aircraft. Dave McKenzie, spoke in opposition to the Oxford House, which has located in his neighborhood. Prakash Meloot, Diversity Commissioner spoke to update Council on the commissions various projects, and announced he would be resigning from the commission due to other commitments. Cleveland Hobdy III, Pastor of Love of Life Fellowship of Seventh-day Adventists, spoke to show appreciation to the Council for this great community and the work they do, and also to highlight some of the programs and projects his church is working with. Ron Zaffino, spoke to Council in praise of the Parks Department crew who maintains Celebration Park. He noted the Park is always in great condition for the many sports tournaments that are held there. Eric Stavney, spoke in support of the city taking control of the Kenneth Jones Pool (aka Federal Way Pool), he noted "regular" people and seniors who might not be able to afford the amenities at the larger pools in the area commonly use this pool. Mayor Burbidge took a moment to comment on the Oxford House situation. She noted the Council is sensitive to the homeowners concerns regarding Oxford House. Legal staff have thoroughly reviewed this issue, are not in a position to comment further at this time. Mayor Burbidge also responded to citizens in the Marine Hills neighborhood, noting a meeting has been set up with the FAA and Port of Seattle officials. Mayor Burbidge said unfortunately the city does not have any leverage in flight patterns, but would discuss the concerns with them. Federal Way City Council Meeting Minutes September 17, 2002 - Page 4 of 9 Councilmember Kochmar asked that at the conclusion of the meeting with the FAA and Port of Seattle, a letter of information be drafted to the homeowners. She further asked legal staff to review the concerns brought by Mr. McKenzie in regards to the Oxford House. V. CONSENT AGENDA a. Minutes/August 20, 2002 Regular Meeting -Approved b. Vouchers-Approved c. Quarterly Financial Report/July 2002-Approved d. Dumas Bay Centre/Roof Maintenance System/Bid Acceptance-Approved e. Skate Park 2% for Art Project-Approved f. Dumas Bay Restoration Pmiect/Approval of Bid-Approved g. Amendment to Federal Way Boys & Girls Club Special 2002 Community Development Block Grant (CDBG) Project-Approved h. Establish Parks Refund Checking Account/Resolution-Approved Resolution #02-3 71 i. King County Regional AMBER Alert Plan/Letter of Agreement-Approved j. Grant Funding for "Click It or Ticket'/Campaign & School Zone Enforcement-Approved k. Gun Tracing ProiecffMemorandum of Understanding-Approved 1. Brighton Place Property Donation/Acceptance-Approved m. Council Bill #301/Gambling Tax Code Amendment/Enactment Ordinance- Approved Ordinance #02-422 n. Council Bill #302/Social Services Transitional Housing Unit Code Amendment/Enactment Ordinance-Approved Ordinance #02-423 o. Council Bill #303/Miscellaneous Code Amendments/Enactment Ordinance-Approved Ordinance #02-424 p. Council Bill #304/Sonth 288th Street at SR-99 Intersection Condemnation/ Enactment Ordinance-Approved Ordinance #02-425 COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER GATES SECOND. Councilmember Kochmar pulled item (e)/Skate Park 2% for the Arts. Deputy Mayor McColgan pulled item (g)/Amendment to Federal Way Boys & Girls Club Special 2002 Community Development Block Grant (CDBG) Project. The main motion to approve Consent Items (a), (b), (c), (d), (f), (h), (i), (j), (k), (1), (m), (n), (o), and (p) passed as follows: Federal Way City Council Meeting Minutes September 17, 2002- Page $ of 9 Burbidge yes Kochmar yes Faison excused McColgan yes Gates yes Park yes Hellickson excused Consent Item (e)/Skate Park 2% for Arts: Councilmember Kochmar asked for a short staff presentation on this item. Park, Recreation, and Cultural Services Director Jennifer Schroder gave a brief presentation to Council on the proposed art structure to be installed at the Skate Park. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE SKATE PARK 2% FOR ART PROJECT AS PRESENTED; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison excused McColgan yes Gates yes Park yes Hellickson excused Consent Item (g)/ Amendment to Federal Way Boys & Girls Club Special 2002 Community Development Block Grant (CDBG) Project: Deputy Mayor McColgan noted he would be recusing himself from voting on this item, as he is a member of the Federal Way Boys & Girls Club. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE AMENDMENTS TO THE FEDERAL WAY BOYS & GIRLS CLUB SPECIAL 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison excused McColgan recused Gates yes Park yes Hellickson excused VI. PUBLIC HEARING 2003 Community Development Block Grant (CDBG) Proposed Use of Funds/Cancellation & Reallocation of Previously Awarded Projects Federal Way City Council Meeting Minutes September 17, 2002- Page 6 of 9 Mayor Burbidge read into the record the procedures to be followed and opened the public hearing at 8:23 p.m. · Staff' Report Community Development Block Grant Coordinator Kelli O'Donnell gave a brief staff report and presentation to Council. She noted the Human Services Commission reviewed and evaluated thirteen (13) proposals for the 2003 CDBG funding for a total distribution estimate of $727,664.00. She also updated Council on the two previously funded projects that were cancelled by the applicants, Washington State Youth Soccer Association and the Domestic Abuse Women's Network (DAWN) · Citizen Comment Beverly Klm, spoke on behalf of FUSION thanking the City Council for their ongoing support. Phillip Lund, spoke on behalf of the Federal Way Senior Center, he noted this is the first year they have applied for grant funding and is looking forward to a good working relationship with the city in the future. Arthur Lee, spoke to thank the Council for their hard work on behalf of those less fortunate. Hearing no further public comment, Mayor Burbidge closed the public hearing at 8:38 p.m. · City Council Deliberation & Action COUNCILMEMBER KOCHMAR MOVED TO CANCEL THE FOLLOWING PROJECTS AND REALLOCATE THE FUNDS TO 2003: 1) WASHINGTON STATE YOUTH SOCCER ASSOCIATION IN THE AMOUNT OF $75,000 AND DAWN SHELTER EXPANSION IN THE AMOUNT OF $25,000; AND FURTHER MOVED THE APPORVAL OF THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED USE OF FUNDS INCLUDING THE REALLOCATION OF FUNDS FROM CANCELLED CDBG PROJECTS, IN THE AMOUNT OF $727,664 AS PRESENTED BY THE HUMAN SERVICES COMMISSION WITH THE FOLLOWING MODIFICATIONS: THE ALLOCATION TO FUSION- TRANSITIONAL HOUSING FOR WOMEN & CHILDREN AMENDED TO $207,254 AND THE ALLOCATION TO COMMUNITY HOUSING ASSISTANCE PROGRAM OCEAN RIDGE APARTMENTS CHILDCARE AMENDED TO $99,999; AND, ADOPTION OF THE 2003 CDBG CONTINGENCY PLAN AND 2003 CDBG CONDITIONS OF FUNDING AS AMENDED AS PRESENTED AT THE AUGUST 12, 2002 Federal Way Ci~ Council Meeting Minutes September 17, 2002- Page 7 of 9 COMMITTEE MEETING; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison excused McColgan yes Gates yes Park yes Hellickson excused VII. CITY COUNCIL BUSINESS Youth Commission Appointments Councilmember Kochmar noted she was pleased with the number of outstanding candidates that have applied for this year's Youth Commission. She congratulated those appointed and added the certificates of appointment would be given at the next regular meeting. COUNCILMEMBER KOCHMAR MOVED THE APPOINTMENT OF THE FOLLOWING PERSONS TO THE CITY'S YOUTH COMMISSION, ALL WITH 2- YEAR TERMS EFFECTIVE THROUGH AUGUST 31, 2004, EXCEPT FOR SENIORS WHO WILL SERVE 1-YEAR TERMS: JESSICA CATO, CAITLIN · JOHNSON, SAM KIRSCH, SARAH LEE, ALMITA MAGBALOT, KELSEY MARTIN, KELSEY TYLER, ELISE VAUGHAN, MEGAN LOO, RAY QUERO, MEERA KUMAR, LINDSEY NEWPORT, AND JOHN TAVARES; SHE FURTHER MOVED THE FOLLOWING PERSONS TO ALTERNATE COMMISSIONER POSTITIONS: RACHEL HOOLAHAN, ALEXANDER PATERSON, BRYAN YAMBE, AND JESSICA DE HART; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison excused McColgan yes Gates yes Park yes Hellickson excused VIII. CITY COUNCIL REPORTS Councilmember Gates thanked her family and husband for all their support during her illness, and continued to thank her friends, colleagues, and citizens for all their well wishes and prayers. She brought Council up to speed on recent issues regarding transportation, including funding the community has received from the State Transportation Improvement Board (TIB), she distributed a written report to Council on Sound Transit issues, and noted the Sounder is currently running limited trains for the Seahawks games as well as the Puyallup Fair. Federal 14/ay City Council Meeting Minutes September 17, 2002 - Page 8 of 9 Councilmember Kochmar welcomed back Councilmember Gates from her recent absence. She extended her thanks to Mayor Burbidge and Councilmember Park for their recent trip to visit both of Federal Way's Sister Cities. She also thanked staff, the Police Department and Fire Department for the memorial on 9/11 at Celebration Park; and updated Council on her attendance at various regional meetings. Councilmember Park also welcomed back Councilmember Gates! He noted he would be attending the Sister City Association meeting on September 18th where they will be discussing setting up a donation fund to aid victims of the typhoon that hit our Sister City, Tonghae, Korea. He added this is the worst disaster to hit Tonghae in forty years, with estimated damage of 200 million dollars. He encouraged citizens to express their sympathy and support in any amount of a donation. Deputy Mayor McColgan also noted he attended the memorial at Celebration Park on 9/11. He thanked staff, Fire, and our Police department for their involvement in this memorial. He also welcomed back Councilmember Gates and encouraged citizens to keep abreast of the upcoming budget presentations. Mayor Burbidge welcomed back Councilmember Gates, noting she is the only member since the city's inception! She also thanked Councilmember Park for his report on Tonghae, Korea adding her encouragement to those to contribute to the disaster relief fund. She updated Council on her upcoming attendance at various regional meetings and also encouraged citizens to participate in upcoming community events. IX. CITY MANAGER REPORT City Manager David Moseley reflected on the 9/11 Memorial held at Celebration Park. He noted it was a very low key, solemn remembrance to those who lost their lives on that day. He thanked both the Federal Way Fire Department and Federal Way Police Department for their roles in the memorial. Mr. Moseley noted he would be attending the Suburban Cities Association meeting Wednesday evening where they will be discussing the 2003 session of the Washington State Legislature. He further reminded Council for the need of an Executive Session this evening for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i) and Collective Bargaining/Pursuant to RCW 42.30.140(4)(a); for approximately forty-five minutes with no action anticipated. X. EXECUTIVE SESSION Federal l~Yay City Council Meeting Minutes September 17, 2002 - Page 9 of 9 At 9:12 p.m. Mayor Burbidge announced the City Council would be recessing into Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i) and Collective Bargaining/Pursuant to RCW 42.30.140(4)(a); for approximately forty-five minutes with no action anticipated. a. Potential Litigation/Pursuant to RCW 42.30.110(1)(i) b. Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) Council returned to Chambers at 10:00 p.m. XI. ADJOURNMENT There being no further business to come before the Federal Way City Council Mayor Burbidge adjourned the regular meeting at 10:00 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: October 1,2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: PARKS & RECREATION COMMISSION APPOINTMENT (unexpired term) CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: As a result of the resignation of Parks & Recreation Commissioner Lisa Welch on September 3, 2002, it is necessary to name a replacement for her unexpired term through April 30, 2004. In a recent polling of Councilmembers at their September 17, 2002, regular meeting, they are recommending the appointment of current alternate Debra McCormick as a voting member. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: I move the appointment of Debra McCormick as a voting member of the Parks & Recreation Commission, to fill the unexpired term of Commissioner Lisa Welch through April 30, 2004. (The City Clerk will arrange for introduction and presentation of the appointment certificate for the new appointee at the October 15 regular meeting) (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances on/y) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: PLANNING COMMISSION APPOINTMENT (unexpired term CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER ContingencyReq'd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: As a result of the resignation of Planning Commissioner Ncsbia Lopes on September 18, 2002, it is necessary to name a replacement for her unexpired term through September 30, 2004. Current alternate Marta Foldi has been participating and attending meetings, and will serve the commission well as a voting member. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: 1 move the appointment of Marta Foldi as a voting member of the Planning Commission, to fill the unexpired term of Commissioner Nesbia Lopes through September 30, 2004. (The City Clerk will arrange for introduction and presentation of the appointment certificate for the new appointee at the October 15 regular meeting) CITY MANAGER APPROVAL: ~r~/ ~ ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL# [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: October 1, 2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENT (unexpired term) CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: None SUMMARYfBACKGROUND: As a result of the resignation of Diversity Commissioner Prakash Meloot on September 17, 2002, it is necessary to name a replacement for his unexpired term through May 31,2005. Current alternate Julia Laranang has been participating and attending meetings, and will serve the commission well as a voting member. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: I move the appointment of Julia Laranang as a voting member of the Diversity Commission, to fill the unexpired term of Commissioner Prakash Meloot through May 31, 2005. (The City Clerk will arrange for introduction and presentation of the appointment certificate for the new appointee at the October 15 regular meeting) (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances on[y) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: October 1, 2002 ITEM# ~ ~Q._~), CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT (unex fired term) CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: As a result of the resignation of Human Services Commissioner Esther Heo on September 18, 2002, it is necessary to name a replacement for her unexpired term through January 3 I, 2004. Current alternate Ron Secreto has been involved in recent grant funding discussions, and will serve the commission well as a voting member. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: I move the appointment ofRon Secreto as a voting member of the Human Services Commission, to fill the unexpired term of Commissioner Esther Heo through January 31, 2004. (The City Clerk will arrange for introduction and presentation of the appointment certificate for the new appointee at the October 15 regular meeting) CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED IsT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Diversity Commission Business Plan 2002-2003 CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $0.00 [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $0.00 [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $0.00 ATTACltMENTS: 1) Staffreport; 2) Draft Business Plan. SUMMARY/BACKGROUND: Attached is a copy of the 2002-2003 Diversity Commission Business Plan as approved by. the Commission at its August meeting. Per City Council direction and the Diversity Commission's bylaws, the Commission is preseming the plan to the City Council for approval. This year's business plan calls for management of the Martin Luther King, Jr. celebration, organizing Community Night cultural events, providing culturally diverse books to libraries for the enrichment of young readers, development of a program to assist the Federal Way School District in its efforts to address the minority achievement gap issue, generating a study guide for the Commission's '2qew Perspectives" video, reviewing the City's current practices in regard to diversity and institutional racism training and offering recommendations as appropriate, periodic attendance and reporting at City Council meetings, and continuing the Commission's public relations efforts through its Speakers' Bureau and all media forums. The Commission's chair will be present to provide an overview of prior year accomplishments and this year's proposed projects. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the Diversity Commission Business Plan 2002- 2003 to the full City Council on October 1, 2002 with a do pass recommendation. PROPOSED MOTION: "Mov~ q~ ~?rsi/BgCommissi/gn-Bgsiness Plan 2002-2003." CITY MANAGE~~pP--R-ov~.. ~t~~ '/~~ ...... (BELOW TO BE COMPLETED BY CITY CleRKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: September 9, 2001 Via: David M~anager Subject: Diversity Commission Business Plan 2002-2003 Background: Attached is a copy of the 2002-2003 Diversity Commission Business Plan as approved by the Commission at its August meeting. Per City Council direction and the Diversity Commission's bylaws, the Commission is presenting the plan to the City Council for approval. This year's business plan calls for management of the Martin Luther King, Jr. celebration, organizing "Community Night" cultural events, providing culturally diverse books to libraries for the enrichment of young readers, development of a program to assist the Federal Way School District in its efforts to address the minority achievement gap issue, generating a study guide for the Commission's "New Perspectives" video, reviewing the City's current practices in regard to diversity and institutional racism training and offering recommendations as appropriate, periodic attendance and reporting at City Council meetings, and continuing the Commission's public relations efforts through its Speakers' Bureau and all media forums. The Commission's chair will be present to provide an overview of prior year accomplishments and this year's proposed projects. Committee Recommendation: Forward the Diversity Commission Business Plan 2002-2003 to the full City Council on October 1, 2002 with a do pass recommendation. FEDERAL WAY DIVERSITY COMISSION BUSINESS PLAN 2002-2003 Purpose: Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. Mission: To help Federal Way become a community which is united amidst diversity, where each individual is respected, equally valued, equally needed and equally cherished. Equality is not sameness, it is equivalent value. Members: Trise Moore (Chair), Deborah Robinson (Vice-Chair), John Kamiya, Maya Kumar, Ariel Mercado, Ron Walker, Prakash Meloot, Carolina Lucero, Byron Lightbourn; and Julia Laranang, Debra Robinson (Alternates). Projects: MLK Event Manage the 2003 Martin Luther King, Jr. Celebration. (January 2003) Diversity Awareness Organize "Community Night" events featuring the foods, traditions, and entertainment of various cultural groups. (Fall 2002) Education Assist school district with minority achievement gap issue. (Ongoing) Develop distribution system for past and present videos. (Fall 2002) Diversity & Institutional Racism Training Review current city practices and offer recommendations as appropriate to City Council and staff. (Ongoing) Book Donations Provide culturally diverse books to libraries for enrichment of young readers. (Fall 2002) Public Relations Promote commission programs and diversity through all media forums, including local and ethnic newspapers, Channel 21, City Update newsletter, Speakers' Bureau, website, commission brochure, and event attendance. (Ongoing) Attend Council Meetings Attend meetings periodically to increase Commission involvement and visibility to the Council and community. (Ongoing) Guest Speaker Program Arrange for guest speakers at meetings to address community issues. (Ongoing) MEETING DATE: October 1, 2002 ITEM# ~(t: '] CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Neighborhood Traffic Safety Policy Revisions CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memo to Land Use/Transportation Committee dated September 16, 2002. SUMMARY/BACKGROUND: At its July 1, 2002, meeting, the Land Use and Transportation Committee directed staff to develop revisions to the Neighborhood Traffic Safety Program policy that would consider collision severity in qualifying a given street for the NTS program, and set a threshold upon which qualifying projects could bypass the balloting process. Currently, the policy considers three criteria for qualification ora street for traffic calming improvements: speed, volume, and collision history. Each of these is scored on a scale of 0 to 3 points in 0.5 point increments, for a possible point total of 9.0 points, where 3.0 points are needed to qualify for the program. These criteria are shown in Table 1 below: Points Accidents/Year Average Daily Traffic 85th Percentile Speed (5-year history) (two-way total) (mph in either direction) 0.5 0.3-0.5 500-1100 26-29 1.0 0.5-0.7 1101-1700 29.1-32 1.5 0.7-0.9 1701-2300 32.1-35 2.0 0.9-1.1 2301-2900 35.1-38 2.5 1.1-1.3 2901-3500 38.1-41 3.0 More than 1.3 More than 3500 More than 41 If a project meets these and other applicable technical criteria as explained in the attached policy, neighborhood meetings are held to develop a consensus solution. Ballots are sent to all property owners and residents within 600 feet of any proposed device or if their sole source of access would be impacted by the installation of any traffic calming device. Each device is balloted separately, and a simple majority of returned ballots is necessary to carry the project forward to the City Council for final approval. At issue was the case of 21st Avenue SW between SW 304th Street and SW 312th Street, which qualified for the program, but where balloting failed to achieve a 50% approval rate. If existing traffic conditions were determined to be severe, the revised criteria, if applied, may allow the proposal to move forward for construction. ANALYSIS Stafffirst considered the issue of collision severity measures. The measures considered include: · Number of injury or fatality collisions per year; · Number of injury or fatality collisions per vehicle-mile; · Societal cost of collisions peryear; · Societal cost per vehicle-mile In order to be consistent with current collision measure, it is proposed that the simple measure of number of collisions involving injuries be measured. It is also proposed that fatalities be twice the weight of injury collisions. When adding these criteria, consistency with past results should also be considered. By adding points for collision severity, the existing threshold of 3.0 points may no longer be appropriate for the program. CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 16, 2002 meeting, the Land Use/Transportation Committee recommended the Neighborhood Traffic Safety Program be revised to incorporate the following changes: 1. Collision severity be considered, with each injury collision in the previous 5 years counting as 1 point, and each fatal collision in the previous 5 years as 2 points. 2. If a project reaches 6 or more points, the balloting process may be bypassed. In this case, staff would develop a proposal with citizen input for the City Council's consideration and approval. PROPOSED MOTION: "1 move approval to revise the Neighborhood Traffic Safety Program to incorporate collision severity as a criteria and to allow for the balloting process to be bypassed should a project reach 6 or more points." CITY MANAGER APPROVAL: i~,M~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL It [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION It RP:dl REVISED - 05/10/2001 k:\councigagdbillsknt s program revisions 02.doc ,° leral Way DATE: September 16, 2002 TO: Eric Faison, Chair Land Use and Transportation Committee Richard A. Perez, City Traffic Engineer /~ FROM: _tx VIA: David H. Moaff~ ~anager SUBJECT: Neighborhood Traffic Safety Policy Revisions BACKGROUND At its July 1, 2002, meeting, the Land Use and Transportation Committee directed staff to develop revisions to the Neighborhood Traffic Safety Program policy that would consider collision severity in qualifying a given street for the NTS program, and set a threshold upon which qualifying projects could bypass the balloting process. Currently, the policy considers three criteria for qualification of a street for traffic calming improvements: speed, volume, and collision history. Each of these is scored on a scale of 0 to 3 points in 0.5 point increments, for a possible point total of 9.0 points, where 3.0 points are needed to qualify for the program. These criteria are shown in Table I below: Points Accidents/Year Average Daily Traffic 85th Percentile Speed (5-year history) (two-way total) (mph in either direction) 0.5 0.3-0.5 500-1100 26-29 1.0 0.5-0.7 1101-1700 29.1-32 1.5 0.7-0.9 1701-2300 32.1-35 2.0 0.9-1.1 2301-2900 35.1-38 2.5 1.1-1.3 2901-3500 38.1-41 3.0 More than 1.3 More than 3500 More than 41 If a project meets these and other applicable technical criteria as explained in the attached policy, r~eighborhood meetings are held to develop a consensus solution. Ballots are sent to all property owners and residents within 600 feet of any proposed device or if their sole source of access would -1- be impacted by the installation of any traffic calming device. Each device is balloted separately, and a simple majority of returned ballots is necessary to carry the project forward to the City Council for final approval. At issue was the case of 21st Avenue SW between SW 304th Street and SW 312th Street, which qualified for the program, but where balloting failed to achieve a 50% approval rate. If existing traffic conditions were determined to be severe, the revised criteria, if applied, may allow the proposal to move forward for construction. ANALYSIS Staff first considered the issue of collision severity measures. The measures considered include: · Number of injury or fatality collisions per year; · Number o£injury or fatality collisions per vehicle-mile; · Societal cost of collisions per year; · SocietaI cost per vehicle-mile In order to be consistent with current collision measure, it is proposed that the simple measure of number of collisions involving injuries be measured. It is also proposed that fatalities be twice the weight of injury collisions. When adding these criteria, consistency with past results should also be considered. By adding points for collision severity, the existing threshold of 3.0 points may no longer be appropriate £or the program. Staff reviewed all NTS applications since the beginning of the program where records were complete enough to provide valid comparison, which numbered g0. The results suggest that although most projects had no injury collisions within the previous 5 years, some had several, and four would've qualified for the program if collision severity were included. However, if the existing 3.0 point threshold were raised, three projects would not have qualified for the program. A~ter reviewing the individual projects in question, staff recommends leaving the project threshold criteria for qualification at 3.0 points. The threshold at which the balloting process may be bypassed can be determined by inspection o£ the graph below, which displays in ascending order thc ranked percentile of occurrences in the gO-project sample. For example, a 6.0 point score correlates to the 90th percentile, which means that 10% of the values are higher than 6.0. The threshold can be determined by any number of arbitrary means, including selecting an arbitrary percentage ($%, 10%, or 20%), deviations from the mean (the mean is 3.5, and the standard deviation is 2.16), multiple of the lower threshold value (such as double 3.0), or looking £or a gap in values (such as between 7 and 8.5). Another approach would be to consider the parameters (speed, volume, collisions, and collision severity) and determine which values would be intolerable and make those values arbitrary limits. Since higher values in any of the parameters are undesirable, this is an emotional decision. Nonetheless, staff offers the value o£6.0 as a reasonable value: It corresponds to the highest 10% of the sample, it is one standard deviation above the mean value, it is double the existing threshold for qoali£ying for the program, and it graphically represents something of a "break point" in the graph. -2- lO0 9O 8O 70 60 50 -40 30 20 10 0 0 1 2 3 4 5 6 7 8 9 10 11 12 Points RECOMMENDATION Staff recommends that the Neighborhood Traffic Safety Pro,ram policy be revised to incorporate the following changes: 1. Collision severity be considered, with each injury collision in the previous $ years counting as 1 point, and each fatal collision in thc previous $ years as 2 points. 2. If a project reaches 6 or more points, the balloting process may be bypassed. In this case, staff would develop a proposal with citizen input for thc City Council's consideration and approval. RP:dl Attachment: Proposed NTS Policy Amendment k:\lutc~2OO2~nts policy rev '02.doc -3- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2002/2003 Commute Trip Reduction (CTR) Program; Professional Services Agreement with King County Metro CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER ContingencyReq'd: $ ATTACHMENTS: Memo to Land Use/Transportation Committee dated September 16, 2002. SUMMARY/BACKGROUND: Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicle (SOV) for the commute trip. The law requires that all major employers, both public and private, who employ one hundred (100) or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to develop and implement a Commute Trip Reduction Plan. Currently, there are 15 employers within the City of Federal Way that are affected by the CTR Law. Professional Services Agreement In order to comply with the state CTR Law and to ensure consistency aud fairness in its administration, the City entered into a Professional Services Agreement with King County Metro. Staff believes this is a cost-effective relationship, as most cities have a full-time CTR coordinator. The purpose of the agreement is to delegate implementation of the CTR Act as required by state law and local CTR Ordinances to King County Metro. The 2002/2003 Professional Services Agreement will be funded by the state CTR grant. Based on the current 15 affected worksites, the City of Federal Way will receive approximately $23,821 in state grant monies. The State CTR grant would be sufficient to fully fund the 2002/2003 Agreement with Metro, which is at $23,821. Over the last five years the professional services contract with Metro has been fully funded by the state CTR grant. However, due to an increase in affected worksites statewide with no additional state funding, future state CTR allocation could be reduced significantly. The reduction in state CTR allocation may have significant impact on the 2003/2004 Professional Services Agreement with King County Metro. Staff will present the 2003/2004 Professional Services Agreement and budget proposal to Land Use and Transportation Committee and Council next year. CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 16, 2002 meeting, the Land Use/Transportation Committee recommended authorizing the City Manager to execute the Professional Services Agreement with King County Metro in the amount of $23,821. PROPOSED MOTION: "I move the City Manager execute the Professional Services Agreement with King County Metro for the 2002/2003 Commute Trip Reduction Program in the amount of $23, 821 ." CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED Is~r reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # RP:dl REVISED - 05/10/2001 k;~council\agdbills\2002 2003 ctr psa with king county doc Way DATE: September 16, 2002 TO: Eric Faison, Chair Land Use / Transportation Conunittee Richard A. Perez, Traffic Engineer ~ FROM: Sarady Long, Traffic Analyst VIA: David H. Mo ger SUBJECT: 2002/2003 CommuteX~Trip Reduction (CTR) Program; Professional Services Agreement with King County Metro BACKGROUND Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.55 I. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicle (SOV) for the commute trip. The law requires that all major employers, both public and private, who employ one hundred (100) or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to develop and implement a Commute Trip Reduction Plan. Currently, there are 15 employers within the City of Federal Way that are affected by the CTR Law. The employers that are currently affected are as follows: 1. Berger/ABAM Engineers, Inc. 2. Capital One 3. City of Federal Way 4. EDS 5. Finance Pacific Leasing LLC 6. Saint Francis Hospital 7. United States Government Postal Services 8. World Vision HQ 9. Weyerhaeuser Company Sites (6 sites) Professional Services Agreement In order to comply with the state CTR Law and to ensure consistency and fairness in its administration, the City entered into a Professional Services Agreement with King County Metro. Staff believes this is a cost-effective relationship, as most cities have a full-time CTR coordinator. The purpose of the agreement is to delegate implementation of the CTR Act as required by state law and local CTR Ordinances to King County Metro. The work perform under this agreement are as described in the attached Exhibit A, Commute Trip Reduction Professional Services Contract Scope of Work. The 2002/2003 Professional Services Agreement will be funded by the state CTR grant. Based on the current 15 affected worksites, the City of FederaI Way will receive approximately $23,821 in state grant monies. The State CTR grant would be sufficient to fully fund the 2002/2003 Agreement with Metro, which is at $23,821. Please see attached Exhibit B for assumptions of state grant and expenditures. Over the last five years the professional services contract with Metro has been fully funded by the state CTR grant. However, due to an increase in affected worksites statewide with no additional state funding, future state CTR allocation could be reduced significantly. The reduction in state CTR allocation may have significant impact on the 2003/2004 Professional Services Agreement with King County Metro. Staff will present the 2003/2004 Professional Services Agreement and budget proposal to Land Use and Transportation Committee and Council next year. RECOMMENDATION Staff recommends placing the following on the October 1, 2002 Council consent agenda for approval: Authorize the City Manager to execute the Professional Services Contract with King County Metro in the amount of $23,821. RP/SL:dl cc: Project File Day File k:\lutc~2002x2002 03crt psa with king comity metro.doc Federal Way - Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July I, 2002, through June 30, 2003 Work Activities - 15 current sites Schedule A. Notification of new sites As needed 1. Identify contact for potential sites 2. Send notification inquiry 3. Confirm status 4. Secure state code 5. Create timeline and legal file B. Survey First quarter and 1. Alert employer to survey timeline as necessary 2. Track survey completion and processing 3. Send survey results Io employer C. Program review 1. Remind employers of submittal deadlines Ordinance 2. Monitor program report receipt schedule by 3. Review revised programs for sites that did not make progress and evaluate Site the potential for progress toward SOV reduction 4. Review program reports for completeness for new sites and for sites that made progress toward goal 5. Recommend action tojurisdiction 6. Generate approval letter for City signature E. Exemptions & Modifications As needed 1. Inform new sites about process and criteria 2. Receive requests and copy to city 3. Copy request to state for comment 4. Review and analyze request and provide comments to City 5. Contact employer as needed, generate and send response per city F. Records maintenance On-going 1. Maintain database and master file records on all affected sites 2. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 3. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-affected employers, quarterly or as required by WSDOT 4. Provide quarterly report information for jurisdiction to conduct state funds billing G. Program Development As needed New Sites 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance 3. Assist with voluntary baseline survey. Analyze survey data and make programs recommendations. H. New ETC Consultation/Briefing As needed 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance I. Program Implementation Assistance As needed Provide assistance in the following categories: 1. Identify resources and implementation requirements 2. Coordinate/attend network group meetings 3. Communicate with ETCs about transportation issues, including Sound Transit, Metro Transit, Special events and items of interest (e.g.: construction and road closures, Air Quality alerts, WSRO bulletins) 4. Provide two employee awareness campaigns per year J. Training Quarterly Provide county-wide basic training to new ETCs 1. Basic Training part 1: ETC orientation 2. Basic Training part 2: Program Implementation and Promotion 3. Survey briefing 2 Federal Way City of Federal Way Exhibit B Commute Trip Reduction Services Period: July 1, 2002 ~hrough June 30, 2003 Total Commute Trip Reduction Funds Available $ 23,821 Number of CTR Sites: 15 ETR / PA FTE per site (direct service labor): 0.0135 Total FTE: 0.203 # Service Hours per year 423 # Hrs per site per year 28.2 Est. Number of Survey Sites: 13 A. Labor Direct Service Labor $ 16,384 Indirect Labor ~ .135 $ 2,212 Total Labor $ 18,596 B. Overhead and Operating Expenses Overhead $ 1,980 Incentives, supplies and printing $ 420 Total Overhead and Operating $ 2,400 C. Database & Survey Manaeement $ 2,325 Contract Fixed Fee $ 23,321 D. Estimated Workshon Costs: $ 500 TOTAL $ 23,821 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Year 2002 Asphalt Overlay Project AG #02-027; Final Project Acceptance and Retainage Release CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER ContingencyReq'd: $ ATTACHMENTS: Memo to Land Usc/Transportation Committee dated September 16, 2002. SUMMARY/BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet both State Department of Revenue and State Department of Labor and Industries requirements. Year 2002 Asphalt Overlay Project AG#02-027 with Lakeside Industries, Inc. is complete. The final construction contract amount is $1,628,054.07. This is $ 253,352.47 below the $1,881,406.54 (including contingency) budget that was approved by the City Council on March 13, 2002. CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 16, 2002 meeting, the Land Use/Transportation Committee recommended accepting the Lakeside Industries, Inc. 2002 Asphalt Overlay Project, in the amount orS1,628,054.07 as complete. PROPOSED MOTION: "I move accepting the Lakeside Industries, Inc. 2002 Asphalt Overlay Project, in the amount of $1,628,054.07 as complete." CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1s~r reading [] TABLED/DEFERREDfNO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # MS:dl REVISED - 05/10/2001 k:\co uncil~agdbills\2002 asphalt overlay final acceptance and release doc i leral Way DATE: September 16, 2002 TO: Eric Faison, Chair Land Use / Transportation Committee ,1\ FROM: Marwan S alloum, Stre~ Systems Manag~ VIA: David H. M nager SUBJECT: Year 2002 Asphalt'Overlay Project AG #02-027; Final Project Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet both State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Lakeside Industries, Inc. is complete. The final construction contract amount is $1,628,054.07. This is $ 253,352.47 below the $1,881,406.54 (including contingency) budget that was approved by the City Council on March 13, 2002. Staff will be present at the September 16, 2002 Land Use / Transportation meeting to answer any questions the Committee may have. RECOMMENDATION Staffrecommcnds placing the following item on the October 1, 2002 Council Consent Agenda for approval: Acceptance of the Lakeside Industries, [nc. 2002 Asphalt Overlay Project, in the amount of $1,628,054.07 as complete. ]~r3~c Faison, Ct~aair Mich. ae~, l{lember ~nMcColga~, Member MS:dl cc: 2002 Asphalt Overlay Project Filc Day File MEETING DATE: CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003 Asphalt Overlay Program Preliminary Project List and Authorization to Bid CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memo to Land Use/Transportation Committee dated September 16, 2002. SUMMARY/BACKGROUND: Public Works staffhas developed a list of recommended streets for the 2003 Asphalt Overlay Program. The total estimated budget for the program is $2,028,974 and is comprised of the following: 2003 Overlay Budget $1,509,974 2003 Structures Budget $119,000 2002 Carry Forward (estimate) $ 400,000 Total Funding Available $2.028.974 The $119,000 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The following is a preliminary list of Streets to be included in the 2003 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. Schedule A Twin Lakes Phase 1 $320 300 Schedule B Twin Lakes Phase lI $378 500 Schedule C Alder Grove $310 900 Schedule D South 288th Street (S 19th to Military) $182 400 Schedule E Secoma $241 700 Schedule F Laurelwood $366 400 Schedule G Weyerhaeuser Way S & S 336th $405 100 Estimated Subtotal Construction Project Costs 10% Construction Contingency $220,530 Pavement Management System $20,000 In-house Design $66,000 Construction Administration $70,000 City's Administrative Fee $69,964 Printing and Advertising $3,500 Estimated Total Program Cost The estimated cost of $2,655,294 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in-house design, printing and advertising. The 2003 Asphalt Overlay project will be awarded within the above identified overlay construction budget. Once Council approves the list of streets for the overlay program, staff will begin the final design. The anticipated date for advertising is March 2003, with construction beginning in May 2003. CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 16, 2002 meeting, the Land Use/Transportation Committee made the following recommendations: 1) Approve the list of streets for the 2003 Asphalt Overlay Project; 2) Authorize staff to bid all or part of the 2003 Asphalt Overlay Project and return with a request for permission to award the project within the available 2003 asphalt overlay budget to the lowest responsive, responsible bidder. PROPOSED MOTION: "1 move approving the list of streets for the 2003 Asphalt Overlay Project and authorize staffto bid all or part of the 2003 Asphalt Overlay Project and return with a request for permission to award the project within the available 2003 asphalt overlay budget to the lowest responsive, responsible bidder." CITY MANAGER APPROVAL: ~/J~ (BELO~V TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # MS:dl REVISED - 05/10/2001 k :\co uncilXagdbills\2002~2003 asphalt overlay project authorization to bid doc ieral Way DATE: September 16, 2003 Eric Faison, Chair ~ ~ TO: Land Use / Transportation Committee ~Sf~J FROM: Marwan Salloum, Street Systems Manage~_,,p~. VIA: . ~ David H Mo ager ~ SUBJECT: 2003 Aspha reliminary Project List and Authorization to Bid BACKGROUND Public Works staff has developed a list of recommended streets for the 2003 Asphalt Overlay Program. The total estimated budget for the program is $2,028,974 and is comprised of the following: 2003 Overlay Budget $1,509,974 2003 Structures Budget $119,000 2002 Carry Forward (estimate) $ 400,000 Total Funding Available $2.028.97~4 The $119,000 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover the costs associated with the replacement of substandard wheelchair romps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The following is a preliminary list of Streets to be included in the 2003 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. Schedule A Twin Lakes Phase I $320,300 Schedule B Twin Lakes Phase I~ $378,500 Schedule C Alder Grove $310,900 Schedule D South 288th Street (S 19th to Military) $182,400 Schedule E Secoma $241,700 Schedule F Laurelwood $366,400 Schedule G Weyerhaeuser Way S & S 336th $405,100 Estimated Subtotal Construction Project Costs $2.205.30~0 10% Construction Contingency $220,530 Pavement Management System $20,000 In-house Design $66,000 Construction Administration $70,000 City' s Administrative Fee $69,964 Printing and Advertising $3,500 Estimated Total Program Cost $2.655.294 The estimated cost of $2,655,294 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in-house design, printing and advertising. The 2003 Asphalt Overlay project will be awarded within the above identified overlay construction budget. Once Council approves the list of streets for the overlay program, staff will begin the final design. The anticipated date for advertising is March 2003, with construction beginning in May 2003. RECOMMENDATION Staff recommends the following items be placed on the October 1, 2002 City Council consent agenda: 1) Approve the list of streets for the 2003 Asphalt Overlay Project 2) Authorize staff to bid all or part of the 2003 Asphalt Overlay Project and return with a request for permission to award the project within the available 2003 asphalt overlay budget to the lowest responsive, responsible bidder. MS:dl cc: Project File Day File k 51utcL?.002x2003 overlaylist doc MEETING DATE: CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Resolution Authorizing the City Manager or Designee to Execute Property Documents Related to City Business. CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ X RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dates September 10, 2002, and resolution as amended by the Land Use / Transportation Committee. SUMMARY/BACKGROUND: A recent review of the City policies revealed that the City Council has not memorialized Council's delegation for the City Manager or designee to execute property documents, i.e. right of entry, dedicated easements, and/or donations of land. Section three of the proposed resolution ratifies prior actions consistent with Council's delegation. The proposed resolution will enable the City staff to inspect compliance of regulations and process development permitting, and thus, be more responsive to the citizens of Federal Way. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the Resolution as amended by the Land Use / Transportation Committee to Full City Council on October 1, 2002, with a "do pass" recommendation. PROPOSED MOTION: "I move approval of the Resolution Authorizing the City Manager or Designeee to Execute Property Documents Related to City Business. CITY MANAGER APPROVAL: ~ k~9 (BELO~V TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agendaitem\cm execute prop docs CITY OF FEDERAL WAY CITY COUNCIL LAND USE/TRANSPORTATION COMMITTEE September 16, 2002 Meeting Date: September 10, 2002 From: Patricia A. Richardson, Interim City Attorney ~)~-- Via: David H. ~~anager Subject: Resolution Authorizing the City Manager or Designee to Execute Property Documents Related to City Business Background: A recent review of City policies revealed that City Council has not committed to writing the City Manager's authority to execute property documents related to City business. The proposed resolution memorializes (1) the City Council's delegation of authority to the City Manager, and (2) the historical practice, which enables the City staff to enter property for the purpose of inspecting compliance of regulations, to process development permits and/or to accept donations of land. The property transactions that the City Manager may execute involve only dedicated or donated property that the City will receive without payment of any monies without specific City Council approval. Staff Recommendation: Staff recommends that the Land Use/Transportation Council Committee approve the proposed Resolution Authorizing the City Manager or Designee to Execute Property Documents Related to City Business. Committee Recommendation: ~ ~, ~ Approve the Resolution A~ll~rizing the City Manager or Designee to Execute Property Documents Related to City Business/,, and forward to full Council for consideration at the October 1, 2002, Council meeting, q~/~ e~. ~ ~ &a.f-o ~ W/'P-~ ~ K:~AGND [TEM\LUTC~easement resolution091602 DRAFT RESOLUTION NO. ~7~/~ ~q'/ffl Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO EXECUTE PROPERTY DOCUMENTS RELATED TO CITY BUSINESS. WHEREAS, pursuant to RCW 35A. 11.020, the City of Federal Way Council is authorized to organize and regulate the internal affairs of the City of Federal Way; and WHEREAS, the City Council is authorized, pursuant to RCW 35A. 11.020, to execute documents relating to real property of all kinds; and WHEREAS, the City Manager is authorized, pursuant to RCW 35A.13.080, to supervise the administrative affairs of the City and to perform other duties as assigned by the City Council; and WHEREAS, City business such as monitoring compliance or issuing permits may require the execution of certain property documents; and WHEREAS, it is in the best interest of the City to authorize the City Manager or the Manager's designee to execute those property documents relating to City business, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. The City Manager or the Manager's designee is hereby authorized to execute property documents relating to City business, which include but are not limited to right Of entry, dedicated easements, dedicated tracts of land, dedicated right-of-ways, trades and/or donations of land or easements. Res. # , Page I Section 2. 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 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 4. 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 ,2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTiNE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. kSreso\delegate easements 1 9/11/02 - amended per LUTC 9.24.02 Res. # , Page 2 MEETING DATE: October 1, 2002 ITEM# _-~_ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003-2004 PROPOSED BIENNIAL BUDGET/REVENUE SOURCES CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACFIMENTS: none SUMMARY/BACKGROUND: The City Council is conducting a preliminary public hearing to receive citizen comment on the city's 2003-2004 proposed biennial budget/revenue sources. The City Manager will be presenting an overview of the proposed biennial budget to the City Council during the special meeting at 5:30 p.m. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: NONE/DISCUSSION ONLY - NO ACTION IS REQUIRED AT THIS TIME ~iT~ ~iAN~ER ~PPRov~L] (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: October 1, 2002 ITEM// CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: PLANN1NG COMMISSION APPOINTMENTS CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER / ContingencyReq'd: $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on October 1,2002, the City Council will interview applicants to fill three (3) vacant positions on the city's Planning Commission. All three of the current commissioners whose terms will expire have reapplied. The Council will then confirm their appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment of the following persons to the city's Planning Commission, all with 4-year terms effective through September 30, 2006: (The City Clerk will arrange for introduction and presentation of the appointment certificates for the new appointees at the October 15 regular meeting) CITY MANAGER APPROVAL: ~ 1~% I- LV~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL// [] DENIED 1sx reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances on[y) ORDINANCE// RESOLUTION// REVISED - 05/10/2001 MEETING DATE: October 1, 2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WAYCITYCODE (FWCC) CHAPTER 22 TO DEVELOP A PROCESS FOR DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENT TO CONSOLIDATE PUBLIC HEARINGS CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Adoption Ordinance with Exhibit A; September 9, 2002, Memorandum to the Land Use Transportation Committee (LUTC) with Exhibits 1-$. process that would govern review and approval of development agreements. Adoption of a new process would require three sets of code amendments to the text of FWCC Chapter 22: amend FWCC Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements; create a new process to govern review and approval &development agreements; and add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use. The Planning Commission conducted a public hearing on September 4, 2002, and recommended that the council adopt the code amendments, as recommended by staff. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed text amendments during a public meeting on September 16, 2002. At that meeting, the LUTC recommended forwardingthe proposed amendments to the full Council for first reading on October 1, 2002, with the changes as shown on Exhibit A of the Adoption Ordinance. PROPOSED MOTION: "I move approval of the LUTC's recommendation to approve the three sets of code amendments, which are attached as Exhibit A to the Adoption Ordinance." CiTY MANAGER APPROVAL.i ~[x{.-..X k~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # --~"- [] DENIED 1sT HEADING [] TABLED/DEFERRED/NO ACTION ENACTMENT READING [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # 1:~2002 Code Amendments\Development Agreements\Gib/Council\100102 AGENDA BILL.DOCI0912412002 10:20 AM DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENT TO CONSOLIDATE PUBLIC HEAR1NGS WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning) to develop a process to review development agreements and related code amendment to consolidate public hearings will provide for improved review processes; WHEREAS, the City of Federal Way finds that the code amendments to develop a process to review development agreements and related code amendment to consolidate public hearings will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on September 4, 2002, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments to develop a process to review development agreements and related code amendments to consolidate public hearings on September 16, 2002, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to developing a process to review development agreements and related code amendment to consolidate public hearings are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 02 - , Page I Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: I. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. and 3. The proposed amendment is in the best interest of the residents of the city because they will supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. 02 - , Page 2 Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of j 2002. APPROVED: MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITy ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: IA2002 Code Amendments~Development Agreements~LUTC~091602 Ordinance.doc09/18/2002 2:14 PM Ord No. 02 - , Page 3 Article IX. PROCESS VI REVIEW* Sections: 22-516 Purpose. 22-517 Initiation of proposals. 22-518 Docket. 22-519 Compliance with State Environmental Policy Act. 22-520 City council review. 22-521 Timing of filing - Notice. 22-522 Application. 22-523 Criteria for prioritizing plan amendment requests. 22-524 Preapplications required. 22-525 Legislative rezones. 22-526 Criteria for approving a legislative rezone. 22-527 Map change. 22-528 Zoning text amendment criteria. 22-529 Factors to be considered in a comprehensive plan amendment. 22-530 Criteria for amending the comprehensive plan. 22-531 Official file. 22-532 Notice. 22-533 Staff report. 22-534 Public hearing. 22-535 Material to be considered, 22-536 Electronic sound recordings. 22-537 Public comment and participation at the hearing. 22-538 Continuation of the hearing. 22-539 Planning commission - Recommendation. 22-540 Planning commission - Report to city council. 22-541 City council action. 22-542 Transmittal to state. 22-543 Appeals. 22-544, 22=545 Reserved. *Editor's note - Ord. No. 99-337, § 2, adopted March 2, 1999, repealed Article IX, §§ 22-516 - 22-538 in its entirety and enacted a new Article IX, §§ 22-516 - 22-543. Former Article IX pertained to similar material and derived from Ord. Nos. 90-43, §§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) 22-517 Initiation of proposals° A proposal that will be reviewed using this article may be initiated by the city council or council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staffof other agencies. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page I ' 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A. 130(2). As part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the following annual review. ' ' , year....~°~n an ', .................. ~ ..... p p (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A. 130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the council's discretion. (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, § 2, 3- 2-99) 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. !n !999 co!y, ~;~ tO A ~;~ ~a, t~ ' requezts ........* ....:a.~,~a ,~...:,g ,s,~ moQ ....,~,, ti 11 b gi ................................................- ?-recess. No ce sha also e ven as follows: (1) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgeme, m judgment of the director of community development services may be directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who may be affected by changes to the comprehensive plan ohaages or development regulations, the director may rely on written correspondence indicating an interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 2 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete a d~cket an application form prepared by the city. An ' ' ~;+ .....:~.~ ~T~. · ' · apphcant seeking a .... ~.~v..._ ~.~_ v.~ z~n'~ng ~e::gnat:o~ change in comprehensive plan designation and zoning for a specific parcel shall also file the information specified in FWCC 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, § 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting any ~ amendment requests, the city council shall hold a public hearing and select those d~?~ag~dme~ requests it wishes staff "r'~'"'~'~*~'~ a~"~°-~ research further (b) The city council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments or development regulations to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions ...... have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set forth in subsections (b)(1) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be revi6wed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 3 22-524 Preapplications required. All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by the proposed rezone. All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3- 2-99) 22-527 Map change. If the city approves a legislative rezone, or a change in a comprehensive plan map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region.. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for ©2002 Code Publishing Co. Page 4 comprehensive plan amendments and rezones from one commercial designation to another, the city will consider development trends in commercially zoned area, market demand for various types of commercial land, and amount of vacant commercial land. For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99-337, § 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 99- 337, § 2, 3-2-99) 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, § 2, 3-2-99) 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the comprehensive plan map designation, zoning map, text, and text of the comprehensive plan, and text of the development regulations are prioritized by the city council, as well as the public hearing held ~n '[ndiv~dua! requegtg by the planning commission. (1) Contents. The director of community development services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public hearing. e. A statement of the availability of the official file. f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing following the procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site. (Ord. No. 99-337, § 2, 3-2-99) 22-533 Staff report. (a) General. The director of community development services shall prepare a staff report containing: (1) An analysis of the proposal and a recommendation on the proposal; and (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent with FWCC 22 529 22-526, 22-528, 22- ©2002 Code Publishing Co Page 5 529, and 22-530. For site-specific comprehensive plan amendments, the provisions of FWCC 22 488(c) shall also apply. (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on eanh proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. {e') Pursuant to FWCC 22-015, when a development agreement and plan have been prepared~ the city council shall hold a public hearing. (o) (d) Effect. Except as provided in subsection (a) and (c) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b)~ and (c), and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) and (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In.the case of development agreements, the director of community development services may reqmre the applicant to submit any additional information or material that is reasonably necessary for a decision on the matter, including a site development plan associated with a site specific request. (co-) LO_) Exception for environment information. Ifa proposal that will be decided upon using this article is part ora specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 6 22-539 Planning commission - Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22 52!, 22 523 ~r 22 525, ~22-526, 22-528, 22-529, 22-530, and 22-488(c), and take one of the following actions: .(1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to.an.y degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (Ord. No. 99-337, § 2, 3-2-99) (5) If the city council determines that a development agreement shall be prepared for a site-specific request, the city council shall recommend further analysis based on Article ** Development Agreements. ' 22-542 Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the State t~pa~eam~ Office of Community ~ads~c,~.~ Development (DCTED OCD) and other interested affected local and state agencies, the county and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate ©2002 Code Publishing Co. Page 7 the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DCTED OCD and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. 152002 Code Amendments\Development Agreements\City Coun¢il~Final Process VI.doc/09/23/2002 2:26 PM ©2002 Code Publishing Co. Page 8 This entire section of the code is new; therefore, it has ~ot been underlined. Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 Purpose. 22-002 Authority. 22-003 Content of development agreement. 22-004 Initiation of proposals. 22-005 Preparation of development agreement. 22-006 Applications. 22-007 Official file. 22-008 Preapplications required. 22-009 Compliance with State Environmental Policy Act. 22-010 Development plan. 22-011 Timing of public hearings. 22-012 Factors to be considered in review of a development agreement. 22-013 Notice. 22-014 Staff report. 22-015 Public hearing and city council action. 22-016 Notice of final decision. 22-017 Judicial review. 22-018 Term of agreement 22-019 Recording. 22-020 Amendment of development agreement. 22-021 Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretion. Development agreements are to be used where the project is larger in scope and has potentially larger impacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B.170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety. 22-003 Content of development agreement. (a) A development agreement must set forth the development standards and other provisions that Article ** Page 1 Development Agreements apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable City of Federal Way development regulations. (b) For the purpose of this section, "development standards" may include, but is not limited to: (1) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Any other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based on council direction, and subsequent to action taken pursuant to Section 22-541(c)(5), after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with Section 22-003, Content of Development Agreement. (b) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541 (c)(5). If a development plan is required, it shall accompany the development agreement for review and action by the city council. 22-006 Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enough information to locate the property within the larger area; (5) Any information or material that is specified in the provision of this chapter that describes the applied-for decision; Article * * Page 2 Development Agreements (6) All information specified in FWCC 22-33. The detail to be included in the development plan is based on the council's direction identified in Section 22-541(c)(5) and shall be related to the nature and scope of the project and its potential impacts; and (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC 22-33 and this section relating to what constitutes a complete application. 22-007 Official file. (a) Contents. The city shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording of the city council on the matter. (5) The decision on the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours. 22-008 Preapplications required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing on an application for Process IV approval. 22-010 Development plan. Any development plan accompanying the development agreement shall be subject to Notice requirements of FWCC 22-392 through 22-394. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. The development plan shall also be reviewed pursuant to the Community Design Guidelines requirements of FWCC 22-395 through 22-406 except that an appeal of the Hearing Examiner's decision on the appeal of an administrative decision on the Community Design Guidelines shall be heard by the city council based on the procedures of FWCC 22-446 through 22-455 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22-015. 22-011 Timing of public hearings. Any requests associated with the project-specific development plan requiring a public hearing by the Hearing Examiner shall be heard by the Hearing Examiner prior to the public hearing by the city council on the development agreement and development plan. The Hearing Examiner's review shall follow the provisions of FWCC Article VII. Process IV Review - Hearing Examiner's Decision and shall be limited to that particular aspect under his or her purview and shall not extend to either the development agreement or development plan. Article * * Page 3 Development Agreements 22-012 Factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when eunsidering a development agreement: (a) Compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; (c) Potential benefits of the proposal to the community; and (d) Effect upon other aspects of the comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (1) Description of purpose of hearing; (2) The name of the applicant and the project name (if applicable). (3) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal. (4) The street address of the subject property or, if this is not available, a description of the location of the proposal in non-legal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (5) The date, time, and place of the public hearing. (6) A statement of the availability of the official file. (7) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally. (8) A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agreement and plan may appeal the city council's decision. (9) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (1) Timing. The applicant shall be responsible for installing the public notification sign or signs at least 10 calendar days before the public hearing and removing them within seven calendar days after the final decision of the city on the matter. A~icle ** Page 4 Development Agreements 22-014 Staff report. (a) Contents. The director of community development services shall prepare a staff report for the public hearing by the city council containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community development services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staffraport as follows: (1) A copy will be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy will be scm to each person who has specifically requested it. 22-015 Public hearing and city council action. (a) Generally. The city council shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals on the Hearing Examiner's decision of an appeal of a threshold determination or his or her decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan (b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on the decisional criteria listed in the provisions of this chapter describing the proposal. (d) City council action. Al~er consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsection (c) of this section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based on those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of final decision. (a) General. Following the final decision by the city council, the director of community development services shall prepare a notice of the city's final decision on the application. (b) Distribution. After the city council's decision is made, the director of community development Article * * Page 5 Development Agreements services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to. the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term oftbe agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adoPted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Records. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or as may be amended. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement. 22-021 Minor modification of development plan. The Director of Community Development Services may approve minor modifications to the development plan on a case-by-case basis using process III described in FWCC 22-386 through 22-411. Criteria for approving minor modifications include but are not limited to the following guidelines: (1) Modifications shall conform to the terms of the development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project; (3) The change will not result in increasing the residential density or gross floor area of the project; (4) The change will not reduce any required yard; (5) The change will not result in any increase in height of any structure; (6) The change will not result in a change in the location of any access point to the project; (7) The change will not increase any adverse impacts or undesirable effects of the project; and (8) The change in no way significantly alters the project. Any modification to the development plan not deemed to be minor, shall be considered major and shall be decided upon as if it were an application for a new development agreement. 1:~2002 Code Amendments~)cv¢lopment Agreements\City Council~Final New Process.doc09/23/2002 5:28 PM Article ** Page 6 Development Agreements CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION September 9, 2002 To: Eric Faison, Chair Land Use/Transportation Committee (LUTC) VI^: David M~ager FROM: Kathy McClung, Director of Community Development Services/~ ~ Margaret H. Clark, AICP, Senior Planner ~.. SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 to Develop a Process for Development Agreements and Related Code Amendment to Consolidate Public Hearings MEETING DATE: September 16, 2002 I. BACKGROUND Earlier this year, staff was given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on t~vo requests that were reviewed as part of the 2001 Comprehensive Plan Amendment Process. The City of Federal Way does not now have a formal process for reviewing development agreements. II. PROPOSAL Staff has prepared a new process that would govern review and approval of development agreements. Adoption of a new process requires the following code amendments to the text of FWCC Chapter 22: 1. Amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements (Exhibit .4 of Exhibit 1). 2. Create a process to govern review and approval of development agreements (Exhibit B of Exhibit 1). 3. Add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (Exhibit C of Exhibit 1). HI. PLANNING COMMISSION/STAFF RECOMMENDATION The Planning Commission conducted a public hearing on September 4, 2002, and recommended that the code amendments, as recommended by staff, be adopted by the council (Exhibit 2 - September 4, 2002, Planning Commission Minutes). The staffreport to the Planning Commission is attached as Exhibit 1 of this memorandum. The proposed code amendments are Exhibits A-C of Exhibit I. Proposed changes in Exhibits A and C of Exhibit 1 are sh ~r;vo~.., - own as ..........(delettons) and underline (additions). The new process for reviewing development agreements is shown as Exhibit B of Exhibit 1. Since this entire section is new, it has not been underlined. IV. PROPOSED REFINEMENT BY STAFF Between the September 4, 2002, Planning Commission public hearing and the preparation of this staff report to the LUTC, staff has proposed further refinement language intended purely for clarification purposes. The staff's proposed new language is shown in Exhibit 3, with proposed deletions shown as ~:'.:'b!_~ ~r4k~o~ and additions shown as double underline. V. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as __ recommended by the Planning Commission. Q~'--'--'~ecommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the Committee recommend to the full Council Option No. 2 above, that is, adoption of the Planning Commission's recommendations with the further clarification changes recommended by staff. VI. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTC. APPROVAL OF COMMITTEE ACTION: J ] lie Faison r---'~ean McColgan Mike Pa~k~/~ r List of Exhibits Exhibit 1 September 4, 2002, Staff Report to the Planning Commission with Exhibits A-C Exhibit 2 September 4, 2002, Planning Commission Minutes Exhibit 3 Planning Staff Recommendation/Further Refinements with Exhibits A and B Exhibit 4 Flow Chart of New Process to Review Development Agreements Exhibit 5 Ordinance Adopting Code Amendments 1:~2002 Code Amendments~Development AgreementskLUTC~C Rec StaffReport to LUTC.DOC/09/IOI2002 3:05 PM Page 2 EXHIBIT 1 STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22 Develop a Process for Development Agreements and Related Code Amendment to Consolidate Public Hearings Planning Commission Meeting of September 4, 2002 I BACKGROUND Staff was given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on two requests that were reviewed as part of the 2001 Comprehensive Plan Amendment Process. However, the City of Federal Way does not have a formal process for reviewing development agreements. Pursuant to RCW 36.70B.200, a city may approve a development agreement only after a public hearing. The City Council may conduct the public hearing or may delegate its authority to the Hearing Examiner or Planning Commission. Staff has prepared a new process that would govern review and approval of development agreements. Development agreements may be used at the City Council's discretion in eases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where ceFtain restrictions may be desired to be placed on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. Adoption of a new process requires the following code amendments to the text of FWCC Chapter 22: 1. Amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements (Exhibit A ). 2. Create a process to govem review and approval of development agreements (Exhibit B). 3. Add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (Exhibit C). Page 1 of 5 The following Section II more fully discusses the proposed code amendments. These amendments are shown in Exhibits A-C and have been prepared in "line-in/line-out" format, with :~'~keeut: (proposed deletions) and underline (proposed additions) indicated. H Discussion of Proposed Code Amendments I. Amend FWCC Chapter 22, Article IX,, "Process VI Review, "to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements. Staff is proposing changes to Chapter 22, Article IX in order to allow certain requests for site- specific comprehensive plan amendments and rezones to be processed with development agreements (Exhibit A). As stated in Section 1-Background of this staff report, development agreements may be used at the City Council's discretion in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. A recommendation to utilize a development agreement may occur at the selection stage (FWCC Section 22-523), at which point the council holds a public hearing to determine which requests should be studied further; at the public hearing by the Planning Commission (FWCC Sections 22-534 through 220-540); or may be determined by the City Council at the time that they take action on the comprehensive plan amendments (FWCC Section 22-54 I). Due to the nature of development agreements, staff is recommending that the City Council make the final decision on development agreements. However, pursuant to RCW 35A.63, by ordinance, every code city shall appoint a planning commission who will hold a public hearing on the comprehensive plan and make a recommendation to the council. This means that in the case of development agreements, there would be two public hearings, one by the planning commission and one by the city council. Therefore, staffproposes to amend FWCC Section 22- 534 to allow for two public hearings for development agreements. Pursuant to FWCC Section 22-031, both comprehensive plan amendments and the preparation of development agreements are exempt from the requirements of RCW 36.70B.050 to provide no more than one open record hearing and one closed record appeal. Staff has also proposed other housekeeping changes to amend the code where language is no longer pertinent such as in FWCC Sections 22-520 and 22-521 where there is presently language referring to action to be taken in Calendar Year 1999. Other changes that are being proposed are for clarification purposes. 2. Create a process to govern review and approval of development agreements. The following summarizes the proposed major steps for review of a development agreement. Please note that the proposed code amendment (Exhibit B) uses a fictitious numbering system to help follow references between sections. (a) Planning staff, Planning Commission, the Land Use/Transportation Committee (LUTC), the City Council, or an applicant may initiate a development agreement (FWCC Section 22-004). Page 2 of 5 (b) At the time the City Council takes final action on whether to approve or disapprove a request for a site-specific comprehensive plan amendment and rezone, the City Council shall determine whether a development agreement should be prepared (FWCC Section 22-541). (c) The City, after consultation with the applicant, determines the parameters of the development agreement, e.g., the kinds of uses and intensity of uses allowed, types of structural or other setbacks, or type of road improvements (FWCC Section 22-005[a]). (d) The applicant prepares a development plan that is consistent with the parametem of the development agreement. The development plan may vary in the amount of detail to be included, depending on whether a project has been identified for the site (FWCC Section 22-005[b]). (e) The City identifies impacts and mitigation associated with the implementation of the development plan. This would require the preparation of an environmental checklist. The detail of the checklist and the type of studies to be submitted would depend on the type of development agreement (FWCC Section 22-009). (f) If a development plan is accompanying the development agreement, the Director of Community Development Services shall issue an administrative decision on the Community Design Guidelines (FWCC Section 22-010). (g) The Hearing Examiner hears any appeal of the threshold determination at the same time as any appeal of the decision on the Community Design Guidelines (FWCC Section 22-010). (h) The Hearing Examiner hears any Process IV requests, such as requests for variances or requests for encroachment into environmentally sensitive areas, prior to the Council's hearing on the development agreement and development plan (FWCC Section 22-011). (i) In order to avoid duplication of hearings, a companion code amendment is proposed (see//3, following) to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (example of language shown in Exhibit C). (j) The City Council makes the final decision on the development agreement and development plan after holding a public hearing. Any appeals of the Hearing Examiner's decisions shall be heard by the City Council in a closed record appeal. Existing city code requires an appeal of the Hearing Examiner's decision on an appeal of an administrative decision on Community Design Guidelines to go to Superior Court and not to the City Council. For development agreements, staff is recommending that the appeal go to the City Council since the council will be reviewing the development plan, including architectural drawings (FWCC Section 22-015). Page 3 of 5 3. Add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use. The proposed language is shown in Exhibit C, which is FWCC Section 22-671, "Land Use Chart," pertaining to churches in a RM zone. If approved, similar language will be inserted in all of the land use charts where a use requires approval by the Hearing Examiner through Process IV review. III REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments; 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, 3.To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. IV DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendment with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan (FWCP) goals and policies: LUG1 Improve the appearance and function of the built environment. L UP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be Page 4 of 5 desired to be placed on the proposal. Controlling potential adverse impacts associated with a comprehensive plan amendment and rezone bears a substantial relationship to the public health, safety, and welfare. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment will supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Clarification of city codes is in the best interests of the residents of the City. V PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VI STAFF RECOMMENDATION The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments. (If changes occur as a result of Planning Commission deliberations add, "as amended by the Planning Commission.") VII EXHIBITS Exhibit A - FWCC Chapter 22, Article IX, "Process VI Review," with Proposed Amendments Exhibit B - Proposed New Process for Development Agreements ExhibitC- FWCC Section 22-671, "Land Use Chart," Pertaining to Churches in a RM Zone with Proposed Amendment I:~2002 Code Amendments~)evelopment Agreements~LUTC\090402 STAFF REPORT to PC.doc/09/10,r2002 1:58 PM Page 5 Qf 5 EXHIBIT A of EXHIBIT Article IX. PROCESS VI REVIEW* Sections: 22-516 Purpose. 22-517 Initiation of proposals. 22-518 Docket. 22-519 Compliance with State Environmental Policy Act. 22-520 City council review. 22-521 Timing of filing - Notice. 22-522 Application. 22-523 Criteria for prioritizing plan amendment requests. 22-524 Preapplications required. 22-525 Legislative rezones. 22-526 Criteria for approving a legislative rezone. 22-527 Map change. 22-528 Zoning text amendment criteria. 22-529 Factors to be considered in a comprehensive plan amendment. 22-530 Criteria for amending the comprehensive plan. 22-531 Official file. 22-532 Notice. 22-533 Staff report. 22-534 Public hearing. 22-535 Material to be considered. 22-536 Electronic sound recordings. 22-537 Public comment and participation at the hearing. 22-538 Continuation of the hearing. 22-539 Planning commission - Recommendation. 22-540 Planning commission -Report to city council. 22-541 City council action. 22-542 Transmittal to state. 22-543 Appeals. 22-544, 22-545 Reserved. *Editor's note - Ord. No. 99-337, § 2, adopted March 2, 1999, repealed Article IX, §§ 22-516 - 22-538 in its entirety and enacted a new Article IX, §§ 22-516 - 22-543. Former Article IX pertained to similar material and derived from Ord. Nos. 90-43, §§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page I 22-517 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council or council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, § 2, 3-2-99) 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the following annual review. !n additi..'.::..%r za!~ndar (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A. 130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the council's discretion. (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, § 2, 3- 2-99) 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. !:: ! 999 z..:!y, 5~ Oayz ............ * ............... * ..... :,4~..~,4 ,h..-;.,,~ ,~,,, ~00~ .......... ~ ..... * ?ro:~';. Notice shall be given as follows: (1) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgement of the director of community development services may be ©2002 Code Publishing Co. Page 2 directly affected by changes to the comprehensive plan p~_'. c_l_e.~elo~ment re ,~datioas~shall be sent a copy of the notice. In determining who may be affected by chan,,,es to the comprehensive plan ot~ development regulattons ...... =,~.., the director may rely on written correspondence indicating an interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2, 3-2-99) 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect .to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete a dzz!:et __a.!2._a~)l?lication form prepared by the city. An applicant seeking a site s?ecific ?!ac: or~....=: ..... .~.,.=.....,.,,.~"": ....... :'-'- change ill comprehensive plaa designation and zoning for a specific parcel shall also file the information specified in FWCC 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, § 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting any dacl;cte~ amendment requests, the city council shall hold a public hearing and select those da'z!:e~efi amend:::ent requests it wishes staff to research flu'thor. :.~'::::i~::' .*bt ada~tian. !n !999 :;::!5'. :;~!e'eti~:: ::!ca!! e'zz'~'.r a~:r Aicr!! 30t!:, but (b) The city council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments m- development regulations to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions :" t!¥e: ........ ~; ..... vici:city have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole vemus a selected group. (c) If the request meets the criteria set forth in subsections (b)(1) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. ©2002 Code Publishing Co. Page 3 (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99) 22-524 Preapplications required. All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by the proposed rezone. All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3- 2-99) 22-527 Map change. If the city approves a legislative rezone, or a change in a comp_r..e_l_~e~si~e plan_..map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. ©2002 Code Publishing Co. Page 4 .... .I.!3. o_rd_%r.~? ~ej.kc..p_t3rag.e__e_~c!g2?t..and~_d...e_sit_-e_._~L~dEy;~3_~!~t and re~evelo/?ment ol'exisli~g land dcsimmtcd and zoned k>r commercial uses. x~hcn considcring proposals for comprchcnsiw. plan amendments and rczollcs to commercial desimmtions, thc City ~il[ consider development commercial land belbre adding Inore land to lbe commercial zo~ling land base. For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99-337, ~ 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The ci~ may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safe~, or welfare; ~d (2) The proposed amendment is in the best interest of the residents of the ci~; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and wi~ the poaion of the ci~'s adopted plan not affected by the amendment. (Ord. No. 99- 337, ~ 2, 3-2-99) 22-531 Official file. (a) Contents. ~e director of communi~ development semices shall compile an official file containing all infomation and materials relevant to the proposal and to the ci~'s consideration of the proposal. (b) Availabili~. The official file is a public record. It is available for inspection and copying in the dep~ment of communi~ development during regular business hours. (Ord. No. 99-337, ~ 2, 3-2-99) 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all requests for ch~ges to the co~rehellsJve piti] inap dqsignation and zoning map, z:m[ng tsxt, text of the comprehensive plan. and text of the development regulations are prioritized bx the citx council, as well as the public hearing held bv the planning commission. (1) Contents. ~e director of communiW development se~ices shall prepare a notice of each proposal, for which a public hearing will be held, containing the following infomation: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plan desienations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public he~ing. e. A statement of the availabiliw of the official file. f. A statement of the right of~y person to submit wriRen comments to the planning commission and to appear at the public he~ing of the planning commission to give comments orally. (2) Distribution. The director of communiW development se~ices shall distribute this notice at least 14 calend~ days before the public hearing following ~e procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent pmpe~ owners posting of the site. (Ord. No. 99-337, ~ 2, 3-2-99) 22-533 Staff repom. (a) General. The director of communiW development se~ices shall pmp~e a stuff repo~ containing: (1) An analysis of~e proposal and a recommendation on the proposal; ~d ©2002 Code Publishing Co. Page 5 (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent with FWCC 22 521) 22-526, 22-528. 22- 529 and 22-530. For site-specific comprehensive plan amendments, thc proviskms of FWCC 22 4_8...8_.(c) shall also _aj/l~ly_. (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) -Pursuant to Section 22-015, when a development agreement and plan have been prepared, the city council shall hold a public hearing. (c) ~Effect. Except as provided in subsection (a) '_a[~_d_~_of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99): 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b)~ an~ (c)~ and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) and (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In the case of dcvelopmeat agreements, thc director of conmmnitv development services may require tim applicant to submit any additional reformation or material~ that is reasonably necessary for a decision on the matter, includin~ a s_iJe plan ass.o_gia_led wi[[3_.a....s_ije-specific_r_e~ls~st. (-c4- (d) Exception for environment information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public ©2002 Code Publishing Co. Page 6 hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) 22-539 Planning commission - Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22 521, 22 523 or 22 525 22-526. 22-528. I 22-529~ 22-530 and 22-488(c), and take one of the following actions: .(1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (Ord. No. 99-337, § 2, 3-2-99) {5) If the city council determines that a development agreement shall be pre~3ared for a site-specific request, the city council si]aFl recommend further analysis based on Article ** Development Agreements. 22-542 Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission ©2002 Code Publishing Co. Page 7 recommendation to the LUTC, the State [h~pamm~ O l'l~ce of Community !':'ac!e and !;cc::om ic Development (D('TED O('D) and other interested af~-e~eci-local and state agencies, the county and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DC! !.D _()_(i_I)_ and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, SS 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. 1:~2002 Code Amendments~Development Agreements\LUTC~Process VI as presented to PC.doc09/10/2002 2:33 PM ©2002 Code Publishing Co. Page 8 EXHIBIT B of EXHIBIT 1 This entire section of the code is new; therefore, it has not been underlined. Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 Purpose. 22-002 Authority. 22-003 Content of development agreement. 22-004 Initiation of proposals. 22-005 Preparation of development agreement. 22-006 Applications. 22-007 Official file. 22-008 Preapplications required. 22-009 Compliance with State Environmental Policy Act. 22-010 Community design guidelines. 22-011 Timing of public hearings. 22-012 Factors to be considered in review of a development agreement. 22-013 Notice. 22-014 Staff report. 22-015 Public hearing and city council action. 22-016 Notice of final decision. 22-017 Judicial review. 22-018 Term of agreement 22-019 Recording. 22-020 Amendment of development agreement. 22-021 Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretion. Development agreements are to be used where the project is larger in scope and has potentially larger impacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B.170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety. Article ** Page I of 6 Development Agreements 22-003 Content of development agreement. (a) A development agreement must set forth the development standards and other provisions that apply to and govern and vest thc development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations. (b) For the purpose of this section, "development standards" may include, but is not limited to: (1) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Any other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based on council direction, and subsequent to action taken pursuant to Section 22-541(c)(5), after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with Section 22-003, Content of Development Agreement. (b) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541 (c)(5). 22-006 Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enough i~formation to locate the property within the larger area; (5) Any information or material that is specified in the provision of this chapter that describes the applied-for decision; Article ** Page 2 of 6 Development Agreements (6) All information specified in FWCC 22-33. The detail to be included in the development plan is based on the council's direction identified in Section 22-541(c)(5) and shall be related to the scope of the project and its potential impacts; and (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC 22-33 and this section relating to what constitutes a complete application. 22-007 Official file. (a) Contents. The director of community development services shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording of the city council on the matter. (5) The decision on the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours. 22-008 Preapplications required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing on an application for Process IV approval. 22-010 Community design guidelines. The development plan accompanying the development agreement shall be subject to the requirements of FWCC Article Vll. Process IV Review Hearing Examiner's Decision of Article XIX. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. An appeal of the Hearing Examiner's decision on the appeal of an administrative decision on the Community Design Guidelines shall be heard by the city council based on the procedures of FWCC 22- 448 through 22-455 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22-015. 22-011 Timing of public hearings. Any requests associated with the project-specific development plan requiring a public hearing by the Hearing Examiner shall be heard by the Hearing Examiner prior to the public hearing by the city council on the development agreement and development plan. The Hearing Examiner's review shall follow the Article ** Page 3 of 6 Development Agreements provisions of FWCC Article VII. Process IV Review - Hearing Examiner's Decision and shall be limited to that particular aspect under bis purview and shall not extend to either the development agreement or development plan. 22-012 Factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: (a) The compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (c) Potential benefits of the proposal to the community. (d) The effect upon other aspects of the comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (1) The name of the applicant and the project name (if applicable). (2) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal. (3) The street address of the subject property or, if this is not available, a description of the location of the proposal in non-legal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (4) The date, time, and place of the public hearing. (5) A statement of the availability of the official file. (6) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally. (7) A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agreement and plan may appeal the city council's decision. (8) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (1) Timing. The public notification sign or signs must be in place at least 10 calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter Article ** Page 4 of 6 Development Agreements 22-014 Staff report. (a) Contents. The director of community development services shall prepare a staff report for the public hearing by the city council containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community development services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staff report as follows: (1) A copy will be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy will be sent to each person who has specifically requested it. 22-015 Public hearing and city council action. (a) Generally. The city council shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals on the Hearing Examiner's decision of an appeal of a threshold determination or his or her decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan (b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on the decisional criteria listed in the provisions of this chapter describing the proposal. (d) City council action. After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsection (c) of this section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based ~n those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of final decision. (a) General. Following the final decision by the city council, the director of community development services shall prepare a notice of the city's final decision on the application. Article ** Page 5 of 6 Development Agreements (b) Distribution. After the city council's decision is made, the director of community development services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Recor~ts. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or as may be amended. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement. 22-021 Minor modification of development plan. The Director of Community Development Services may approve minor modifications to the development plan using process III described in FWCC 22-386 through 22-411. The city may approve a minor modification based on the following guidelines: (1) Modifications shall conform to the terms of the development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project; (3) The change will not result in increasing the residential density or gross floor area of the project; (4) The change will not reduce any required yard; (5) The change will not result in any increase in height of any structure; (6) The change will not result in a change in the location of any access point to the project; (7) The change will not increase any adverse impacts or undesirable effects of the project; and (8) The change in no way significantly alters the project. Any other proposed modification to the development plan will be determined on a case-by-case basis by the director of community development services. I ~2002 Code Amendments\Development Agreements\LUTC\New Process as presented to PC.doc09/I 0/2002 1:51 PM Article ** Page 6 of 6 Development Agreements Exhibit 2 MEETING SUMMARY Commissioners present: John Caulfield, Hope Elder, Bill Drake, Dini Duclos, and Grant Newport. Commissioners absent (excused): Dave Osaki. Commissioners absent (unexcused): Nesbia Lopes. Alternate Commissioners present: Tony Moore and Marta Justus Foldi. Alternate Commissioners absent (unexcused): Christine Nelson. Staff present: Senior Planner Margaret Clark, Assistant City Attorney Karen Kirkpatrick, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF SUMMARY It was m/s/c to approve the July 17, 2002, meeting summary. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Ms. Clark informed the Commission that their next meeting would be a public hearing on September 18, 2002, on code changes to discourage bulky buildings in the city center. The public hearing for the 2002 Compressive Plan Amendments will come to the Commission on October 16, 2002. A copy of the proposed amendments will be sent to Commissioners three weeks before the meeting and the staff report will be available one week before the meeting. The Downtown Market Study has been completed and will go to the LUTC on September 16, 2002. The updated 2000 Market Study will soon be completed. The terms for three Commissioners expire September 30, 2002, John Caulfield~ Hope Elder, and Dini Duclos. All have submitted an application to be reinstated. Planning Commission interviews are schedule for the City Council meeting of October 1, 2002. COMMISSION BUSINESS- PUBLIC HEARING - Development Agreement Code Amendment Ms. Clark presented the staff report. She gave the Commission handouts on the proposed code amendment. Earlier this year staff was given direction by the LUTC to prepare a code amendment on development agreements. This code amendment proposes that development agreements be used: at the City Council's discretion; where the project is larger in scope; where the project may have potentially larger impacts than normal; and/or where certain restrictions may be desired to be placed on a project. Development agreements may not be used to waive requirements of the Federal Way City Code (FWCC). For example, they may not be used for variances. K ~Planning Co m missio n~2002~M e, etin g Summary 09-04-02 doc Planning Commission Summary Page 2 September 4 2002 The proposed code amendment would amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments to be reviewed pursuant to a development agreement. The proposed amendment would also create a process to govern review and approval of development agreements, would add language to the land use charts to allow the City Council's public hearing to take the place of the master plan public hearing or other hearing by the Hearing Examiner to establish the use, and would make some housekeeping amendments and clarifications. Ms. Clark reviewed the process flow chart. Development agreements allow for development while mitigating the impacts. The applicant, staff, Planning Commission, LUTC, or City Council could initiate a development agreement. The City Council makes the final decision as to whether a development agreement should be done. The Commission asked if there would be any guidelines for the City Council to follow when making their decision. Ms. Clark replied that staffdoes extensive research on the proposal and the City Council would base their decision on that research. It was noted that this amendment deals with development agreements for comprehensive plan amendments and under state law other types of development agreements could be done that would not have to go through this process. There was no Public Testimony. It was m/s/c to close the public hearing. It was m/s/c (unanimous) to recommend to the City Council for adoption of the proposed FWCC text amendments. ADDITIONAL BUSINESS The City is still working in the PAA study. They have been waiting for the update on the Market Study and will be moving forward. Discussion was held on how Pacific has pulled out &some o£their PAA. Is the City considering adding this area? The LUTC has had some initial discussion on this and other possible PAA additions. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 7:50 p.m. EXHIBIT A of EXHIBIT 3 Article IX. PROCESS VI REVIEW* Sections: 22-516 Purpose. 22-517 Initiation of proposals. 22-518 Docket. 22-519 Compliance with State Environmental Policy Act. 22-520 City council review. 22-521 Timing of filing - Notice. 22-522 Application. 22-523 Criteria for prioritizing plan amendment requests. I 22-524 Preapplications required. 22-525 Legislative rezones. 22-526 Criteria for approving a legislative rezone. 22-527 Map change. 22-528 Zoning text amendment criteria. 22-529 Factors to be considered in a comprehensive plan amendment. 22-530 Criteria for amending the comprehensive plan. 22-531 Official file. 22-532 Notice. 22-533 Staff report. 22-534 Public hearing. 22-535 Material to be considered. 22-536 Electronic sound recordings. 22-537 Public comment and participation at the hearing. 22-538 Continuation of the hearing. 22-539 Planning commission - Recommendation. 22-540 Planning commission - Report to city council. 22-541 City council action. 22-542 Transmittal to state. 22-543 Appeals. 22-544, 22-545 Reserved. *Editor's note - Ord. No. 99-337, § 2, adopted March 2, 1999, repealed Article IX, §§ 22-516 - 22-538 in its entirety and enacted a new Article IX, §§ 22-516 - 22-543. Former Article IX pertained to similar material and derived from Ord. Nos. 90-43, §§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) 22-517 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council or ©2002 Code Publishing Co. Page 1 council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, § 2, 3-2-99) 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A. 130(2). As part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the following annual review. !n (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A. 130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the council's discretion. (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, § 2, 3- 2-99) 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. !n !999 ~'::!y, rio .4aye,: '-'~ ...................... e ....................... v ......... Notice shall be yen as follows: (1) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgement of the director of community development services may be directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who may be affected by changes to the comprehensive plan o~r development regulations oha+vges, the director may rely on written correspondence indicating an ©2002 Code Publishing Co. Page 2 interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2, 3-2-99) 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete a city. An applicant seeking a ";*'~ ',;p:~ifi~ 7.!:::: e:- z.'~'::i:gg ~:signation change in comprehensive plan designation and zonine for a specific parcel shall also file the information specified in FWCC 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, § 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting any ~e:!celed amendment requests, the city council shall hold a public hearing and select those dec!:eted an::ndmm:t requests it wishes staff to research further. ....... ;~,- ............................ ~, ::le:tkx: s!m!! ~::ur ?.fi~r A?,:'i! 2t,)th, but (b) The city council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments or developmeut remfiations to be considered during the upcoming cycle: (I) Whether the same area or issue was studied during the last amendment process and conditions ;,, t!:~ i:n:n,~di::t.~ '.q:k:ity have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set forth in subsections (b)(l) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2~99) ©2002 Code Publishing Co. Page 3 22-524 Preapplications required. All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by the proposed rezone. All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3- 2-99) 22-527 Map change. If the city approves a legislative rezone~ or a change iu a comprclmnslvc plan map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) 22~529 Faetom to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a p.roposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. In order to encourage efficient and desired development and redevelopment ol'existin!,. land designated and zoned for various tvnes of commercial uses, when considering proposals For comprehensive plan mnendments and rezones t~- from one commercial designations-to another. ©2002 Code Publishing Co. Page 4 the Cil¥ ~ill consider development trends in commercially zoned areas, market demand for _various tvoes of cmnmercial land, and amount of vacant commercial land ..... :- :-:.~...'; :::or0 For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99-337, § 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 337, § 2, 3-2-99) 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, § 2, 3-2-99) 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the comprehensive plan map desi~znation and zoning map, ;~o::ing text, text of the comprehensive plan. and text of the development regulations are prioritized by the city council, as well as the public hearing held by' the planning co,nm ss on (1) Contents. The director of community development services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public hearing. e. A statement of the availability of the official file. f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing following the procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site. (Ord. No. 99-337, § 2, 3-2-99) 22-533 Staff report. (a) General. The director of community development services shall prepare a staff report containing: (1) An analysis of the proposal and a recommendation on the proposal; and 02002 Code Publishing Co. Page 5 (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent with FWCC 22 529 22-526, 22-528~ 22- 529 an(l 22-530. For site-specific comprehensive plau amendments, tile provisions of FWCC 22- _488_(~c ) sh~..I._~ I_~(L~l~p~~ (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public bearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) -Pursuant to Section 22-015, when a developmeut agreement and plan have been prepared, the city council shall hold a public hearing. (c) dL~LEffect. Except as provided in subsection (a) and (c) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99): 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b).. and (c) and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) and (d} of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In tile case of development agreements, the director of co~nmunity development services may require the applicaut to submit any additional information or materiak that is reasonably necessary for a decision on the matter, including a site develooment plan associated with a site- specific request. (49- (d) Exception for environment information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, ©2002 Code Publishing Co. Page 6 during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) 22-539 Planning commission - Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22 52!, 22 522 or 22 525 22-526. 22-528~ 22-529~ 22~530 and 22-488(c)~ and take one of the following actions: (1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal back t9 the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (Ord. No. 99-337, § 2, 3-2-99) (5) If the city council determines that a development a~reement shall be prepared for a site-specific request, the city council shall recommend fin'ther analysis based on Article ** Development Agreements. ©2002 Code Publishing Co. Page 7 22-542 Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the State Depa~ment Q.!i!~_e of Community Trade a'.:c! !~cen~::: ic Development (DCTE!? OCD) and other interested affected local and state agencies, the county and surrounding jurisdlctlons shall be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DCTED ()CD and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. ©2002 Code Publishing Co. Page 8 EXHIBIT B of EXHIBIT 3 Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 Purpose. 22-002 Authority. 22-003 Content of development agreement. 22-004 Initiation of proposals. 22-005 Preparation of development agreement. 22-006 Applications. 22-007 Official file. 22-008 Preapplications required. · 22-009 Compliance with State Environmental Policy Act. 22-010 Community design guidelines. 22-011 Timing of public hearings. 22-012 Factors to be considered in review of a development agreement. 22-013 Notice. 22-014 Staff report. 22-015 Public hearing and city council action. 22-016 Notice of final decision. 22-017 Judicial review. 22-018 Term of agreement 22-019 Recording. 22-020 Amendment of development agreement. 22-021 Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretion. Development agreements are to be used where the project is larger in scope and has potentially larger impacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B. 170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety. Article * * Page 1 Development Agreements 22-003 Content of development agreement. (a) A development agreement must set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable ~it-/of Federal Wa,/development regulations. (b) For the purpose of this section, "development standards" may include, but is not limited to: (1) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner~ inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Any other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based on council direction, and subsequent to action taken pursuant to Section 22-541(c)(5), after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with Section 22-003, Content of Development Agreement. (b) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541(c)(5). Ifa development plan is reauired~ it shall accompany the development a~,reement for review and action b,/the cit~ council. 22-006 Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enough information to locate the property within the larger area; (5) Any information or material that is specified in the provision of this chapter that describes the applied-for decision; Article ** Page 2 Development Agreements (6) All information specified in FWCC 22-33. The detail to be included in the development plan is based on the council's direction identified in Section 22-541(c)(5) and shall be related to the nature and scope of the project and its potential impacts; and (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC 22-33 and this section relating to what constitutes a complete application. 22-007 Official file. (a) Contents. The ~'2rzztcr ~f :vmmxn!ty ~-:;':!~?..-.:nt :z~::.zz: c_ity shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording of the city council on the matter. (5) The decision on the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours. 22-008 Preapplications required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing on an application for Process IV approval. 22-010 C::nm'.:'ni.~' ~_::'.'gn g'.:'!~e!in::. Develog~gnt plan. ~ ~ development plan accompanying the development agreement shall be subject to Notice requirements of FWCC 22-392 throu~h 22-494. The application shall not he determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. The development plan shall also be reviewed pursuant to the Community Desi~,n Guidelines reauirements of FWCC 22-395 throu~h 22-406 except that ,~an appeal of the Hearing Examiner's decision on the appeal of an administrative decision on the Community Design Guidelines shall be heard by the city council based on the procedures of FWCC 22-448 through 22-455 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22- 015. 22-011 Timing of public hearings. Any requests associated with the project-specific development plan requiring a public hearing by the Hearing Examiner shall be heard by the Hearing Examiner prior to the public hearing by the city council on the development agreement and development plan. The Hearing Examiner's review shall follow the Article ** Page 3 Development Agreements provisions of FWCC Article VII. Process IV Review - Hearing Examiner's Decision and shall be limited to that particular aspect under his or her~ purview and shall not ex.tend to either the development agreement or development plan. 22-012 Factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: (a) Compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; (c) Potential benefits of the proposal to the community; and (d) Effect upon other aspects of the comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: ~1) Descriotion ofouroose of hearing; (4-) ~.) The name of the applicant and the project name (if applicable). ~) (3) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal. (--3-) (4) The street address of the subject property or, if this is not available, a description of the location of the proposal in non-legal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (-49 (5) The date, time, and place of the public hearing. (-5-) (6~ A statement of the availability of the official file. (-6¢ (7~ A statement of the right of any pemon to submit written comments to the council and to appear at the public hearing of the council to give comments orally. ~ (8~ A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agreement and plan may appeal the city council's decision. (&) (9~ The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiving the property mx statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (1) Timing. The anolicant shall be resnonsible for installin~, the public notification sign or signs m'_'zt ~: '~n 7!:.:o at least 10 calendar days before the public hearing and re:n. sv:~ removint, the~m, within seven calendar days after the final decision of the city on the matter. Article * * Page 4' Development Agreements 22-014 Staff report. (a) Contents. The director of community development services shall prepare a staff report for the public hearing by the city council containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community development services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staff report as follows: (1) A copy will be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy will be sent to each person who has specifically requested it. 22-015 Public hearing and city council action. (a) Generally. The city council shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals on the Hearing Examiner's decision of an appeal of a threshold determination or his or her decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan (b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on the decisional criteria listed in the provisions of this chapter describing the proposal. (d) City council action. After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsection (c) of this section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: I. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based on those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of final decision. (a) General. Following the final decision by the city council, the director of community development services shall prepare a notice of the city's final decision on the application. (b) Distribution. After the city council's decision is made, the director of community development Article ** Page 5 Development Agreements services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Records. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or as may be amended. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement. 22-021 Minor modification of development plan. The Director of Community Development Services may approve minor modifications to the development plan o~n a case-by-case basis using process III described in FWCC 22-386 through 22-411. ....... ~ ----J -~r- v. _ a Criteria for aonrovin~minor modifications include but are not limited to ~ the following guidelines: (1) Modifications shall conform to the terms of the development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project; (3) The change will not result in increasing the residential density or gross floor area of the project; (4) The change will not reduce any required yard; (5) The change will not result in any increase in height of any structure; (6) The change will not result in a change in the location of any access point to the project; (7) The change will not increase any adverse impacts or undesirable effects of the project; and (8) The change in no way significantly alters the project. .... -' ..... ,~-~,:' ..............................F ....... F ................................. ~, ~y '~ ~; ....... ~ ::.'r.:x. xn~, ~-.~' .....+ ....:~ Any modification to the develooment ulan not deemed to be minor, shall be considered major and shall be decided unon as if it were an anulica_tion for a new develonment agreement. 152002 Code Amendments~evelopment Agreements~LUTC~091602 New Process.doc09/10/2002 2:21 PM Article * * Page 6 Development Agreements Yes Yes Hearing Examiner Hearing c~ r[ecision SEPA appeal '~ Process IV · Appeal of Guidelines NoNoNo I I YesYes Yes Superior Court City Council Review & decixion Closed Record Appeal CC's decision on ~ HE's decision on Appeal of Guidelines ~ Ycs Appeal of Guidelines O CC's decision on ~Appeal~ HE's decision Process IV ~ Yes on Process IV O ] CC's decision on ~Appeal~ / HE's decision SEPA appeal ~ Yes on SEPA appeal O CC's decision on / City Council Developmeot ~ Yes / Public Hearing & Decision Agrnmt & Plan Development Agi rant & Plan EXHIBIT $ CITY OF FEDERAL WAY ORDINANCE NO. 02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENT TO CONSOLIDATE PUBLIC HEARINGS WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning). WHEREAS, the City of Federal Way finds that the amendments to FWCC, Chapter 22 (Zoning), to develop a process to review development agreements and related code amendment to consolidate public hearings will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendments to develop a process to review development agreements and related code amendment to consolidate public hearings will implement and is consistent with the Federal Way Comprehensive Plan; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on September 4, 2002, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments to develop a process to review development agreements and related code amendments to consolidate public hearings on September 16, 2002, following which it recommended adoption of the text amendments. WHEREAS, the City Council finds that the code amendments relating to developing a process to review development agreements and related code amendment to consolidate public hearings are consistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAiN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. and 3. The proposed amendment is in the best interest of the residents of the city because they will supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the ORDINANCE NO. 02 - , PAGE 2 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of thc City of Federal Way at a regular meeting of the City Council on the day of ,2002. APPROVED: MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CRISTINE GREEN, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY, PAT RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 1:~2002 Code Amendments~Dev¢lopment AgrcemcntsLLUTC~091602 Ordinance.doc09/l 0/2002 5:24 PM ORDINANCE NO. 02 - , PAGE 3 MEETING DATE: October I, 2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Tyco Intemational Inc. Fiber Optic Franchise. CATEGORY: BUDGET IMPACT: [] CONSENT X ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memo to the Finance, Economic Development, and Regional Affairs Committee dated September 24, 2002, and draft Tyco International Inc. Fiber Optic Franchise. SUMMARY/BACKGROUND: Tyco International Inc. has requested a franchise to operate a fiber optic communications system within City rights-of-way along Military Road for its entire length within Federal Way (between approximately S. 306th and the intersection of Star Lake Road, Military Road and I-5). Twelve underground conduits were installed by Williams Communications under its franchise with the City (Ordinance No. 00-371), and four of the conduits have been sold to Tyco. Tyco is not proposing any additional installation of conduit. The terms of the franchise are consistent with other franchises the City has granted to Tacoma Public Utilities, Puget Sound Energy, Weyerhaeuser, Sprint, Metromedia and Williams. The terms of the franchise are summarized in the attached September 24, 2002 memorandum to the Finance, Economic Development and Regional Affairs Committee. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward Tyco Franchise to full City Council on October 1, 2002, with a "do pass" recommendation. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on October 15, 2002". ..................................................................... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL g [] DENIED lST reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: September 24, 2002 To: Finance, Econ~opment and Regional Affairs Committee Via: David H. Moaeley,~/i~y~/lhnager From: Ptn'ciaA. ' '~ - a Richardson, Interim City Attorney Subject: Proposed Tyco International Inc. Fiber Optic Franchise Tyco International has requested a franchise to operate a fiber optic communications system within City right-of-way along Military Road. Twelve underground conduits were installed by Williams Communications under its franchise with the City (Ordinance No. 00-371), and four of the conduits were sold to Tyco. Tyco is not proposing any additional installation of conduit. The basic terms of the proposed franchise are as follows: 1. Equipment. The franchise would permit Tyco to operate an underground fiber optic communication system comprised of (a) four underground (lilac, grey, green and yellow) conduits of the twelve authorized by the Williams Franchise and (b) the fiber running through the conduits. 2. Consideration. Tyco will pay the City's administrative costs and expenses in preparing and approving the franchise. Tyco will also relocate its facilities at the City's request, at Tyco's cost, and repair any damages it causes to the ROW, also at Tyco's cost. 3. Insurance. Tyco will maintain insurance of $5 Million combined single limit for commemial general liability and $2 Million for automobile insurance. 4. Term. The term of the proposed franchise is 10 years, consistent with franchises the City has granted to AT&T, for cable; Puget Sound Energy; Tacoma Public Utilities (for Lakehaven second supply pipeline); Weyerhaeuser, Sprint, Metromedia and Williams (fiber optic cable). 5. Bond. The proposed franchise requires Tyco to post a bond in the amount of $50,000. Committee Recommendation: Staff requests that the committee forward the proposed franchise to the full City Council, for placement on the October 1, 2002 City Council agenda, with a "do pass" recommendation. Commlftee,Member Committee Member K:\telecom\fedrac tycom memo.doc ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING TYCO NETWORKS (US), INC., A NEVADA CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF- WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM VClTHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Tyco Networks (US) Inc., a Nevada corporation ("Tyco") has requested a franchise from the City of Federal Way, in order to maintain, repair, and restore a portion of Williams Communications' fiber optic communications system within the Military Road right-of- way; and WHEREAS, on August 1, 2000, the City Council enacted Ordinance No. 00-371, granting Williams Communications a nonexclusive franchise to occupy rights of way within the City for the purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic communications system within the City; and WHEREAS, Williams Communications' fiber optic communications system consists of twelve (12) underground conduits, of which ten (10) have a diameter of 1.50 inches and two (2) have a diameter of 1.25 inches; the fiber running through the conduit, and appurtenant splice boxes; and Ordinance No. 02- , Page 1 WHEREAS, Williams Communications has constructed and installed said fiber optic communications system; and WHEREAS, Section 24.3.1 of the Williams Communications' franchise requires that Williams Conununications obtain the City's approval before transferring or assigning any portion of the communications system under the franchise Ordinance No. 00-37; and WHEREAS, Williams Communications and Tyco entered into a joint built agreement whereby Tyco will take title to four (4) of the ducts installed; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Tyco; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ~qeetion 1_ I)efinltion~ Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. Ordinance No. 02- , Page 2 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means: (a) an underground fiber optic communication system comprised of four (4) underground lilac, grey, green and yellow conduits, of the twelve (12) underground conduits authorized by Ordinance No. 00-371; and (b), the fiber running through the conduits as specifically depicted in Exhibit A hereto and in plans on file with the City of Federal Way in File No. 00-103793 UP. "Facilities" also means any other equipment approved by the Federal Way City Council by ordinance and incorporated heroin by amendment. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means only that portion of the Military Road rights-of-way located in the City of Federal Way and shown in Exhibit A attached hereto and in plans on file with the City of Federal Way in File No. 00~103793 UP, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee" means Tyco, and its successors and assigns if approved and/or permitted as provided in Section 24.3 herein. Section 2 I~ 2.1 Grant of Franchise The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of installing and maintaining the fiber running through the Facilities within the Franchise Area. This franchise is specifically limited to the right for Tyco to maintain Facilities owned and operated by Tyco. Franchisee may not provide Ordinance No. 02- , Page 3 cable television or open video system services, unless it first obtains a cable television franchise or open video system franchise or agreement fi'om the City.' 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3_ Non-Franchise Area City Pro?erty This Franchise does not and shall not convey any right to Franchisee to maintain its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than the Military Road right-of-way depicted in Exhibit A. Section 4, Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period often (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section _g. l,ocation of Facilities 5.1 l,ocafinn The Facilities will be installed underground pursuant to the Williams Communications franchise Ordinance No. 00-371. Upon written request of the City, Franchisee shall update "as-built" plans to reflect actual or anticipated improvements to the system. Any such Ordinance No. 02-. ., Page 4 plans (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such plans be construed as a proposal to undertake any specific improvements. 5.2 G[q Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Degi~tzn Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance requested · by the City. Seetinn 6. Noninterferene~ of 17aeiliti~n Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1)so as not to unreasonably interfere with the flee passage of traffic; (2)in accordance with the laws of the State of Washington and City Code requirements, fi'anchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Ordinance No. 02- , Page 5 ~eetinn 7, Reqnirement tn Obtain Permits 7.1 Permits and Permit Applications Franchisee shall, at its expense, obtain all permits, (including fights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall be accompanied by plans stamped by a Professional Engineer licensed by the State of Washington, which plans shall show the position and location of the proposed facilities to be repaired, replaced or removed at that time, show their relative position to existing rights-of~way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like~new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to Ordinance No. 02- , Page 6 complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Eme~ency F, xeeption tn Permit Requirement In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section 8. Standard of Perfnrmancl· Franchisee shall not utilize open cut or open trench construction methods for repairing, replacing or removing Facilities, unless: (1) required by an emergency; or (2) unless boring is not technically feasible and permission is first obtained fi.om the Director of Public Works. In the event that Franchisee utilizes open cut or open trench construction methods, Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. As part of final surface restoration, Franchisee shall install new asphalt overlay for Ordinance No. 02- , Page 7 a minimum distance of 300 feet fi.om the cut or trench on both sides of the cut or trench (i.e., a total distance of 600 feet)_ In the event that the City adopts a street or pavement degradation fee by ordinance, at the option of the City Franchisee shall pay such fee in lieu of installing the new asphalt overlay required by this Section. ~ectinn 9, ~nrvey Marlc~r; 9nd ~/~nnnm~nt~ Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. ~qeetinn 1 fl. Surfae~ Markin~_?Lqtak~ Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Ordinance No. 02- , Page 8 Section 11. RiEht of City. to Complete Work in the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair and Franchisee's obligation to remove or relocate facilities. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical comractor. ~ Notice tn Franchisee of Work hy City 12.1 City. Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any propose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, utility, telecommunications, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. Ordinance No. 02~ , Page 9 This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises ia, under, Over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 Relocation of Franchi~eet~ Facilities. In the event that exercise of any of the rights reserved under Section 12.1 above reasonably requires the City to construct, alter, repair, or improve the right-of-way ("City work"), and the City work necessitates the relocation of the Facilities then existing in the Franchise Area, the City may require Franchisee to relocate the Facilities, as provided herein. 12.2.1 CiLy's Duties The Cityshall: (a) Provide written notice as soon as practicable of the requirement for relocation and the date by which relocation shall be completed. The City shall calculate the date for completion of the relocation in accordance with RCW 35.99.060(2) [2000 Laws, Ch. 83, Sec. 6(2)]; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work. 12.2.2 Franchi~ee'~ Dntie~ Franchisee shall: (a) No later than the date set by the City for completion of the relocation (unless adjusted by the City or a reviewing court pursuant to RCW 35.99.060(2) [2000 Laws, Ch. 83, Sec. 6(2)], raise, lower, or move the Facilities to the location or position directed by the City, to cause the least interference with the City work and to conform to such new grades as may be Ordinance No. 02- , Page 10 established. If the City improves the right-of-way and, if directed by the City, Franchisee shall replace the Facilities with substitute Facilities conforming to the specifications for the improvement of the right-of-way; (b) bear all costs and expenses of the relocation and provision of substitute Facilities, except as provided in RCW 35.99.060(3) and (4) [2000 Laws, Ch. 83, Sec. 6(3) and (4)]. Section 13. I~lmllge.]~l~ In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights- of-way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage and recover the costs and expenses of such repair from Franchisee in accordance with the provisions of Section 11 of this Agreement. Section 14. Oefanlt 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of Ordinance No. 02- , Page 11 such notice in which to comply. 14.2 Revoeatinn nf Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 1 ~. l,lmited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 16. ~ The existence of this Franchise shall not preclude the City fi.om acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Ordinance No. 02- , Page 12 Section 18. ' ' 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards and procedures, as now existing or hemafler amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise shall control. City and Franchisee acknowledge and agree that the terms, conditions and provisions of this Franchise are consistent with applicable law, including but not limited to with the Telecommunications Act of 1996, existing Washington State statutes and 2000 Laws Ch. 83 (as passed by the Senate and House of Represematives of the State of Washington) and the FWCC, as currently enacted and interpreted. 18.2 Furore Ciw of Federal Way Re~m~lation. Subject to Section 18.1 above, Franchisee acknowledges that the City may develop roles, regulations, ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 19. C. uarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair including Facilities and right-of-way restoration; Ordinance No. 02- ,, Page 13 provided, however, Franchisee is not guaranteeing the provision of any specific telecommunications services. ~eeti~n 20. Administrative (~osts Pursuant to 35.21.860 of the Revised Code of Washington (RCW) and RCW 35.21.860(1) [2000 Laws, Ch. 83, Sec.8(1)], the City is currently precluded fi.om imposing franchise fees for "telephone businesses" defined in RCW 82.04.065 and Service Providers as defined in RCW 35.99.010(6) and RCW 35.21.860(1) [2000 Laws Ch. 83, Sec. 1(6) and 8(1)], except that fees may be collected for administrative expenses related to such franchise and Franchisee does hereby warrant that its operations as authorized under this Franchise are those of a Service Provider and telephone business as defined in RCW 82.04.065. In recognition of Franchisee's status, the City shall be entitled to reimbursement of all actual costs, including reasonable overhead costs associated with the administration of this franchise or costs incurred by the City for actions undertaken in accordance with the franchise. These costs shall include, but not be limited to wages, benefits, equipment and supplies for activities such as plan review, permit processing and permit inspections. Such costs shall be billed to Franchisee on a quarterly basis and Franchisee shall pay such costs within thirty (30) days of receipt of such bills. Each bill shall include verifiable detail as to the nature of the costs incurred. Failure by Franchisee to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this Franchise. Franchisee also agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City which are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees Ordinance No. 02- , Page 14 or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code or as permitted by other applicable law. Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this fi'anchise or any ordinance relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City. In addition to the above, Franchisee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Franchisee's Facilities. Further, Franchisee shall also pay all taxes and pavement and street degradation fees which are authorized by law or City ordinance and may now or hereafter be required and imposed by the City. ,qeetion 21. ~ Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers fi'om any and all claims, demands, losses, actions and liabilities (including costs and all attomey fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising fi.om, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against Ordinance No. 02- , Page 15 claims or damages arising fi.om the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City which gives rise to Franchisee's obligation pursuant to this Section21, the City shall promptly notify Franchisee thereof Franchisee's selection of an attomey to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. The provisions of this Section21 shall survive the expiration or termination of the Franchise for a period of three (3) years. ~ lns~lrane~ 22.1 M~nimnm lJrnlt~ The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carders as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property Ordinance No. 02- , Page 16 damage; and (c) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 22.2 Mandatory. ln~nrance Provisiong The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insureds; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, retum receipt requested; and (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage Franchisee shall furnish the City with certificates of insurance evidencing the coverages required by this Section. The certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the conunencement of any work. At the City's request in the event of a claim, Franchisee shall deliver certified copies of all required insurance policies. Ordinance No. 02- , Page 17 ~eetlon 2~, Bond Before executing this Franchise, the Franchisee shall post a bond in the amount of $50,000 in connection with the Facilities to guarantee performance of the maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in Section 8, and with the City's fights as specified herein. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required by Section 7, the City may perform the work as provided in Section 11 above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section 11, at the City's sole discretion. ~. General Provi~ion~ 24.1 l~n/ire A~m-eement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreemem in writing s!gned by both of the Parties. 24.3 A~i~m~ment and l.ea~inE/~quhlea~ing, 24.3.1 Assi~nment This Franchise may not be assigned or transferred without the prior, express, written approval of the City, which approval shall not be unreasonably withheld, Ordinance No. 02- , Page 18 provided that the Franchisee shall have the right to mortgage its rights, benefits and privileges in and under this Franchise to secure any indebtedness without notice or approval. Any attempted assignment or transfer in violation of this section shall be void. The transfer of the rights and obligations of Franchisee to a parent, subsidiary, affiliate, or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of Franchisee?s stock or assets, shall be deemed an assignment. The City's review of a proposed assignment or transfer shall be based on the following criteria: (i) the transferee shall have technical expertise, capabilities and financial strength to meet the 'obligations of the Franchise and being at least equal to or greater than that of Franchisee during the twelve (12) months prior to the transfer; and (ii) the proposed transferee's record of performance under similar agreements. Further, the transferee shall assume all of the obligations of Franchisee hereunder, and Franchisee shall not be released from the obligations of this Franchise by virtue of such transfer until the City consents to such transfer or assignment. Franchisee shall give to the City thirty (30) days' prior written notice of any such proposed assignment or transfer and shall provide all necessary information to the City, including financial data, in order to enable the City to evaluate whether the proposed transferee satisfies the foregoing criteria. The City shall take action on the proposed assignment or transfer no later than ninety (90) days of receipt of all necessary information. In the case ofanyproposed transfer for which the City' approval is required hereunder, Franchisee agrees that the City's reasonable expenses incurred in reviewing such transfer or assignment proposal are Franchise administration expenses which shall be reimbursed pursuant to Section 20 herein. To the extent allowed by law or a court of competent jurisdiction, the City shall treat documents and financial data provided by Franchisee for City evaluation under Ordinance No. 02- , Page 19 this Section as confidential and exempt fi.om public disclosure. Within thirty (30) days of the date of any approved assignment or transfer, Franchisee and assignee or transferee shall file written notice of the assignment or transfer with the City together with written acceptance of all terms and conditions of this Franchise. 24.3.2 l ea~ing/Suhlea~ing. Notwithstanding the provisions of Section 24.3.1 above, Franchisee may lease or sublease a portion of the Facilities to other entities, provided that Franchisee shall not permit any such lessee or sublessee to utilize or control the leased or subleased Facilities until the lessee or sublessee has first obtained a fi'anchise from the City. Franchisee shall provide notice, as soon as practicable but in any event prior to entering into any lease or sublease, of the name, mailing address and telephone number of any person or entity proposing or requesting to lease or sublease any portion of the Facilities, so that the City may contact and discuss fi'anchise requirements with said person or entity. Any lease or sublease entered into in violation of this subsection shall be void. 24.4 Attorney Vee~ In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington, unless a court of competent jurisdiction determines that an administrative agency outside of King County has primary jurisdiction, in which case venue shall be said administrative agency. Ordinance No. 02- , Page 20 24.5 No Waiver Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing I~aw This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 A~thor/ty Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: Russell D. Williams City of Federal Way Director of Terrestrial Construction Attn: City Attorney Tyco Networks (US) Inc. 33530 1st Way South 10 Park Avenue Federal Way WA 98003-6210 Morristown, NY 07960 Mailing Address: P. O. Box 9718 Federal Way, WA 98063-9718 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Captiong. The respective captions of the sections of this Franchise are inserted for Ordinance No. 02- , Page 21 convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24. I0 Remedie~ Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 2n;. Sev~rahility If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. PASSED by the City Council of the City of Federal Way this day of ,2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: Ordinance No. 02- , Page 22 CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COLrNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance No. 02- , Page 23 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this __ day of ,2002. TYCO By: Its: K:\Telecom\tycomfi'an final Ordinance No. 02- , Page 24 EXHIBIT A To Be Provided at Committee Meeting Ordinance No. 02- , Page 25