Council PKT 02-19-2002 Special/Regular
City 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
February 19, 2002
1.
II.
III.
I.
II.
III.
AGENDA
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
February 19,2002
("'.""",cU,!!,^"!,."'"j!,-",e,",)
*****
SPECIAL SESSION - 5:30 p.m.
CALL MEETING TO ORDER
BRANDING PROCESS
Strategy Options
ADJOURNMENT
*****
REGULAR MEETING - 7:00 p.m.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
Girl Scout Troop #1228
PRESENTATIONS
a.
b.
c.
d.
ProclamationlLiteracy Celebration Month
Proclamation/Girl Scouts World Thinking Day
Arts Commission /Outgoing Commissioner Recognition & Plaques
Human Services Commission/Outgoing Commissioner Recognition &
Plaque
Human Services Commission/Incoming Commissioner Introduction &
Certificates
City Manager/Introduction of New Employees
City ManagerÆmerging Issues:
e.
f.
g.
over please. . .
IV.
V.
a.
b.
c.
d.
e.
f.
g.
h.
1.
VI.
a.
b.
VII.
VIII.
Ix.
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO mE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the
podium. adjust the microphone to proper height, and 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.
CONSENT AGENDA
(Items listed below have been previausly reviewed by a Council Committee of three members and brought
before full Council for approval; all items will be enacted by one motion; individual items maybe removed
by a Caunci/member for separate discussion and subsequent motion.)
Minutes/February 5. 2002 Regular Meeting
Council Bill #293/Changes to Thresholds Requiring Right-of-Way
Improvements (25% TriggerVEnactment Ordinance
Pacific R\fhway So ROY LaneslPhase I Improvements Project (So 3 12th
to So 324 StV100% Design Approyal & Authorization to Bid
1" Aye So Shoulder Improyements (So 356th St to So 361" St)/30%
Design Status Report
Skate Park Structure at Steel Lake ParkJFinal Approval & Approval to
Release Retainage
SR 509 & 8th Aye SW Traffic Signal/IOO% Design Approval &
Authorization to Bid
SeaTac Mall Detention/Phase II Final Acceptance & Retainage Release
Planning Commission Work Program
Municipal CourtlPolice Facilitv Lease Option to Renew
CITY COUNCIL BUSINESS
Work Programs & Timelines for (I) Capital Facilities Plan (2) City Hall.
and (3) Deyelopment Permit Review
Amendment to Citv Council Rules of Procedure/Resolution
INTRODUCTION ORDINANCE
Council Bill #294/SR 99 Phase II Condemnations
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL W A Yo
WASHINGTON.
CITY COUNCIL REPORTS
CITY MANAGER REPORT
MEETING DA TE:
February 19,2002
ITEM# j[ La)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
~ CONSENT
0 RESOLUTION
D CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft minutes ofthe regular City Council meeting held on February 5,2002.
SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW
requirements.
CITY COUNCIL COMMITTEE RECOMMENDATION: ilia
PROPOSED MOTION: I move approval of the minutes of the City Council regular meeting held on February 5, 2002.
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
0 TABLEDIDEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
.
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
Regular Meeting
February 5, 2002 -7:00 p.m.
Minutes
1.
CALL MEETING TO ORDER
Mayor Burbidge called the regular meeting of the Federal Way City Council to order at
the hour of7:01 p.m.
Council members present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Council members Mary Gates, Michael Hellickson, Linda Kochmar, and Mike Park.
Mayor Burbidge excused Co unci I member Faison's absence.
.
Staff present: City Manager David Moseley, Deputy City Attorney Pat Richardson, City
Clerk Chris Green, and Deputy City Clerk Stephanie COUltney.
II.
PLEDGE OF ALLEGIANCE
Deputy Mayor McColgan led the flag salute.
DEPUTY MAYOR MCCOLGAN MOVED TO AMEND TONIGHT'S AGENDA
TO ADD: MARTIN LUTHER KING JR. CELEBRATION UPDA TE UNDER
COUNCIL BUSINESS; COUNCILMEMBER KOCHMAR SECOND. The motion
passed as follows:
Burbidge
Gates
Faison
Hellickson
yes
yes
absent
yes
Kochmar
McColgan
Park
yes
yes
yes
Ill.
PRESENTATIONS
a.
Sign Incentive Recognition
.
Mayor Burbidge, Community Development Services Director Kathy McClung and
Chamber CEO Delores Shull presented awards and certificates of recognition to various
businesses that brought their signs into compliance before the February 2000 deadline.
ORIGINAL
.
Federal Wl9' City Council Regular Meeting Minutes
February 5, 2002 - Page 2
Businesses were recognized in three categories including first to comply, most dramatic
change and most innovative.
b. Arts Commission Introductions/Certificates
Councilmember Kochmar introduced and presented the following individuals with
certificates of appointment to the Arts Commission as voting members: Joseph Martinez,
Jacqueline Peterson, and Regina Bigler; she further introduced and presented the
following individuals with Alternate Commissioner appointments: Bonnie Knight-
Graves, and Orisade A wodola.
c. City Manager/Introduction of New Employees
City Manager David Moseley reported there were no new employees to introduce.
d. Citv ManagerfEmerging Issues:
City Manager David Moseley read and presented to plaques of appreciation to Chief
Anne Kirkpatrick and her staff on behalf of the Federal Way School District. The plaques
are in recognition of the tremendous efforts by the Federal Way Police Department in
making the School Resource Officer program a success.
.
IV.
CITIZEN COMMENT
Dave McKenzie. Mike McLoed. Judith CaIson. Judy Brooks (written comments). Kelly
McKenzie. David C. Morris. and Larry King. spoke in opposition to the Oxford House
locating in their neighborhood of Twin Lakes.
v.
.
CONSENT AGENDA
a
b.
c.
d.
Minutes/January IS. 2002 Regular Meeting -Approved
V oucher -Approved
Monthlv Financial Report/December 2001 -Approved
Planning Commission Workplan/Review Process for Development
Agreement -Approved
401 Governmental Monev Purchase Plan Changes/Resolution -Approved
Resolution #02-356
457 Deferred Compensation Plan Changes/Resolution -Approved
Resolution #02-357
Bobcat Skid Steer Loader Trade Out Program -Approved
5-Cubic Yard Dump Truck Purchase -Approved
e.
f.
g.
h.
.
Federal Way City Council Regular Meeting Minutes
February 5, 2002 - Page 3
COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT
AGENDA AS PRESENTED; COUNCILMEMBER HELLICKSON SECOND. The
motion passed as follows:
Burbidge
Gates
Faison
Hellickson
yes
yes
absent
yes
Kochmar
McColgan
Park
yes
yes
yes
VI.
CITY COUNCIL BUSINESS
a_
Martin Luther King Jr. Celebration Update -ADDED ITEM
Diversity Commission Chair Ron Walker reported on the Martin Luther King Jr.
Celebration that was held at Decatur High School on January 21 st, He noted it was a
wonderful celebration and thanked Council for their support.
.
b. Human Services Commission Appointments
COUNCILMEMBER KOCHMAR MOVED APPOINTMENT OF RICK AGNEW,
VICKI BUNKER AND RICHARD BYE AS HUMAN SERVICES
COMMISSIONERS; AND FURTHER MOVED THE APPOINTMENTS OF
ESTHER HEO, AND RONALD SECRETO AS ALTERNATE HUMAN
SERVICES COMMISSIONERS; DEPUTY MAYOR MCCOLGAN SECOND. The
motion passed as follows:
Burbidge
Gates
Faison
Hellickson
yes
yes
absent
yes
Kochmar
McColgan
Park
yes
yes
yes
c. City Council Retreat/Resolution - Approved Resolution #02-358
COUNCILMEMBER GA TES MOVED APPROVAL OF THE RESOLUTION AS
AMENDED; COUNCILMEMBER KOCHMAR SECOND. The motion as amended
passed as follows:
.
Burbidge yes Kochmar yes
Gates yes McColgan yes
F ai son absent Park yes
Hellickson yes
.
Federal Wl9' City Council Regular Meeting Minutes
February 5, 2002 - Page 4
VIr. INTRODUCTION ORDINANCE
Council Bill #293/Changes to Thresholds Requiring Right-of-Way
Improvements (25% Trigger)
AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF TIIE FEDERAL WAY
MUNICIPAL CODE TO ADDRESS FRONT AGE IMPROVEMENTS
Public Works Director Cary Roe gave a brief summary to Council of the proposed
ordinance.
Citizen Comments:
Bob Cooper, and Russell Wolf spoke in support of Council Bill #293/Changes to
Thresholds Requiring Right-of-Way Improvements (25% Trigger).
.
DEPUTY MAYOR MCCOLGAN MOVED COUNCIL BILL #293fCHANGES TO
THRESHOLD REQUIRING RIGHT-OF-WAY IMPROVEMENTS (2501.1
TRIGGER) TO SECOND READINGfENACTMENT AT THE NEXT REGULAR
COUNCIL MEETING, FEBRUARY 19TH; COUNCILMEMBER PARK SECOND.
The motion passed as follows:
Burbidge
Gates
Faison
Hellickson
yes
yes
absent
yes
Kochmar
McColgan
Park
yes
yes
yes
VIII. CITY COUNCIL REPORTS
Council member Gates reported to Council on her attendance at various regional meetings
including Puget Sound Regional Council, and noted she distributed a written update in
the Council's office on various Sound Transit issues.
Councilmember Kochmar recognized citizens in the audience, and announced the next
meeting of the Parks, Recreation, Human Services, and Public Safety Committee meeting
would be held February 11th at noon.
.
Council member Park announced he would be attending the Chamber Lunch held
February 6th at the King County Aquatics Center, he also noted be would be taking part
of a Diversity Commission project on February 28th where he will give his comments on
.
Federal Wl9' City Council Regular Meeting Minutes
February 5, 2002 - Page 5
Diversity in Federal Way. He further reminded citizens of the Asian New Year, and
reported on various celebrations.
Council member Hellickson had no report this evening.
Deputy Mayor McColgan reported he attended the grand opening of the new Albertson's
Grocery Store and thanked them for contributions made to the community. He further
thanked citizens who take the time to volunteer in our community helping our parks,
streams, youth and seniors.
Mayor Burbidge updated citizens and the Council of upcoming opportunities in the arts,
including the current Arts Commissioner Gallery Display at City Hall.
IX.
CITY MANAGER REPORT
City Manager David Moseley expressed his thanks to the Council members who were
able to attend the Association of Washington Cities Legislative Action Conference in
Olympia last week to discuss transportation, local government funding, and jail services.
.
Mr. Moseley noted the Police Department has begun impounding vehicles driven by
suspended drivers since mid-January under the Impound Ordinance that was passed by
Council. He added that staff is still ironing out some wrinkles in the process, but it
already shows a potential for reducing jail costs.
He further spoke to thank the Human Services Commission and Community
Development Department for their work on last week's Human Services Forum. This
meeting allowed discussions about human services need in South King County.
City Manager David Moseley also reported the State Auditor will be arriving late
February or early March to begin our annual audit. He extended "kudos" to Management
Services Director Iwen Wang and her staff for consistently receiving recognition for the
city's reporting.
Mr. Moseley noted that Chief Kirkpatrick checked the calls of service at the Oxford
House in Twin Lakes since residents have occupied the house and reported there have not
been any thus far.
.
He further reminded Council for the need for an executive session tonight for the purpose
of discussing Property AcquisitionlPursuant to RCW 42.30. I 10(1)( c); Potential
LitigationlPursuant to RCW 42.30.11 O( 1 )(i); and Collective BargaininglPursuant to RCW
42.30.140(4)(a); for approximately one hour with action anticipated.
.
Federal Way City Council Regular Meeting Minutes
February 5, 2002 - Page 6
X.
EXECUTIVE SESSION
At 8:40 p.m. Mayor Burbidge recessed to executive session for the purposes of
discussing Property Acquisition/Pursuant to RCW 42.30.11O(1)(c); Potential
LitigationlPursuant to RCW 42.30.110(1)(i); and Collective BargainingfPursuant to RCW
42.30. 140(4)(a); for approximately one hour with action anticipated.
Council returned to Chambers at 9:30 p.m.
a. Property AcquisitionfPursuant to RCW 42.30.11O(l)(b)
b. Potential LitigationlPursuant to RCW 42.30.110(1 )(i)
c. Collective Bargaining/Pursuant to RCW 42.30.140(4)(a)
.
DEPUTY MAYOR MCCOLGAN MOVED TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO ENTER INTO ANY NECESSARY PURCHASE
DOCUMENTS FOR THE ACQUISITION OF REAL PROPERTIES (ATTACHED
HERETO) REQUIRED BY THE CITY IN CONNECTION WITH THE PACIFIC
HIGHW A Y S HOV LANE PHASE II ( S. 324 TII TO S. 340TH) STREET
IMPROVEMENT PROJECT FOR FAIR MARKET VALUE, AS DETERMINED
BY REVIEW APPRAISALS, AND DIRECT THE CITY ATTORNEY TO CLOSE
THE TRANSACTIONS; COUNCILMEMBER PARK SECOND. The motion passed
as follows:
Burbidge
Gates
Faison
Hellickson
yes
yes
absent
yes
Kachmar
McColgan
Park
yes
yes
yes
XI. ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at 9:32 p.m.
.
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MEETING DATE:
FebnAu"'1 ,q, U'O2-
ITEM# :3[(1,)-
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Changes to the thresholds that require Right of Way Improvements
CATEGORY:
~ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMPACT:
~ ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Ordinance, Memorandum to LUTC dated 12/31/01, Staff Report to the Planning Commission.
SUMMARY/BACKGROUND: The Chamber of Commerce recommended that this section of the City Code be
reviewed as part of the 2001 Planning Commission Work Program. The Planning Commission conducted a public hearing
on December 5, 2001. The LUTC reyiewed the ordinance at their meeting on January 7, 2002 The recommended changes
increase the thresholds for right of way improvements for business/property owners making improvements to exisitng
deyelopments.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Ordinance as recommended by Planning
Commission and staff.
PROPOSED MOTION: "I moye the proposed ordinance to second reading and approval at the next regu1ar meeting
on _February 19, 2002"
CITY MANAGER APPROVAL:
1W\
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDillEFERRED/NO ACTION
9!1 MOVED TO SECOND READING (ordinances only) zhq 102--
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
c=:2 93
~/ÐJO-:l.
REVISED - 05/10/2001
DRAFT
lá.. Ç-/ð~
CITY OF FEDERAL WAY
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22
(ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS
FRONTAGE IMPROVEMENTS
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
reyised the Federal Way City Code (FWCC) Chapter 22 (Zoning); and
WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning), to
modify standards relating to frontage improvements will provide an incentiye to redevelop properties; and
WHEREAS, the City of Federal Way finds that the code amendments relating to frontage
improvements will implement and are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's State Environmental Policy Act (SEPA) Responsible Official issued a
Detennination of Non significance on the code amendments relating to frontage improvements on October
13,2001; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendments relating to frontage improvements on December 5, 2001, and forwarded a recommendation
of approval to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the
code amendments relating to frontage improvements on January 7, 2002, following which it
recommended adoption of the text amendments; and
WHEREAS, the City Council finds that the code amendments relating to frontage improvements are
consistent with the intent and purpose ofFWCC Chapter 22 (Zoning) to provide for and promote the
health, safety, and welfare of the general public.
OrdNo. -
,Page I
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section I. 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 I, 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 Federal Way Comprehensive Plan goals and policies:
LUG 1 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 will result in incentiyes for redeyelopment and restoration of
existing development,
AND
3.
The proposed amendment is in the best interest of the residents of the City because they
may result in increased redevelopment of existing properties resulting in increased
efficiency and effectiyeness of City resources.
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 seyerable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
inyalidity of the application thereof to any person or circumstance, shall not affect the yalidity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Ord No. -
, Page 2
Section 5. Ratification. Any act consistent with the authority and prior to the effectiye date of this
ordinance is hereby ratified and affirmed.
Section 6. Effectiye 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
,2002.
APPROVED:
Mayor, Jeanne Burbidge
ATTEST:
City Clerk, N. Christine Green, CMC
ApPROVED AS TO FORM:
City Attorney, Bob C. Sterbank
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
Ord No. -
,Page 3
ATTACHMENT A
DRAFT: PROPOSED CODE REVISIONS
Article XVI.
IMPROVEMENTS
Sections:
Diyision 1. Generally
22-1471 Special regulations in designated areas.
22-1472 Official right-of-way map adopted.
22-1473 When public improyements must be installed.
22-1474 Required public improvements.
22-1475 Additional improvements.
22-1476 Traffic control devices and signing.
22-1477 Modifications, deferments and waivers.
22-1478 Bonds.
22-1479 - 22-1495 Reserved.
DIVISION 1. GENERALLY
22-1471 Special regulations in designated areas.
If the city council has approved a public improvements master plan or special design guidelines
for a particular area that includes a right-of-way, the master plan or other guidelines will be filed
with the city clerk and will goyem the improvements to be proyided by developments that abut
that right-of-way. (Ord. No. 90-43, § 2(110.10), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-1472 Official right-of-way map adopted.
The public works director shall produce and keep current an official right-of-way classification
map that classifies each of the improyed and proposed rights-of-way, other than alleys, based on
the classification standards contained within FWCC 22-1524 and 22-1525 and the objectiyes the
comprehensiye plan. This right-of-way classification map, as adopted and amended from time to
time, shall haye the full force as if its provisions were fully set forth within this chapter. (Ord.
No. 90-43, § 2(110.15), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-1473 When public improvements must be installed.
(1) The term "frontage improvements n as used in this section shall refer to the construction,
reconstruction or repair of the following facilities along the full abutting public street frontage
of properly: (LIST)
(a)
The applicant shall proyide the improyements required by this article if the applicant
engages in any activity which requires a deyelopment permit except for the following:
City of Federal Way
Draft Code Revisions
(I) The applicant need not comply with the proyisions of this article ifthe proposed (a) The
applicant shall proyide the improyements required by this article if the applicant improyements
in any l2-month period do not exceed 25 percent of the assessed or appraised value (based on an
MAr appraisal proyided by the applicant) of all structures and land combined on the subject
property, whicheyer is greater, except that if the subject property is equal to or greater than
100,000 square feet in size, the land value shall not be included in the assessed or appraised
value used to determine the 25 percent.
(2) The applicant need not comply with the provisions of this article if, within the immediately
preceding four years, public improyements were installed as part of any subdiyision or
discretionary land use approyal under this or any prior zoning code.
(3) The applicant need not comply with the provisions of this article ifthe proposal is to locate a
personal wireless services facility (PWSF) on the subject property.
(4) The applicant need not comply with the proyisions of this article if the proposal is for facade
improvements only. In addition, the cost of improvements required by Article XIX. Community
Design Guidelines, shall not be included in the total cost ofimproyements measured oyer a 12-
month period pursuant to Section 22-1473(a)(l ).
(5) Tenant improvements, unless the proposed improyements add additional floor area.
(6) If the required improvement is part of a larger project that has been scheduled for
construction in the citv's adopted six-vear transportation improyement program. the public works
director may permit the applicant to fulfill the applicant's obligation under this section by paving
to the city the pro rata share of the costs of the required improyements attributable to the
development ofthe subject property. as determined by the public works director. For purposes
of determining the applicant's pro rata share. funds receiyed by the City ti-om any federal, state,
or local grant for the project shall be excluded ti-om the total cost ofthe planned six-vear
transportation improyement.
(b) Right-of-way adjacent to and within subdiyision and short subdiyisions must be dedicated
and improyed consistent with the requirements of this article, unless different requirements are
imposed by the city as part of the subdiyision or short subdivision approyal. (Ord. No. 90-43, §
2(110.20),2-27-90; Ord. No. 98-330, § 3,12-15-98; Ord. No. 00-363, § 15, 1-4-00)
22-1474
Required public improvements.
(a) Generally. The deyelopment standards portion ofFWCC 22-1523 through 22-1528 establish
the improyements that must be installed, based on the classification ofthe various rights-of-
way within the city. The applicant shall, consistent with the proyisions of this article, install
all improyements established in FWCC 22-1523 through 22-1528 along the ti-ontage of each
City of Federal Way
Draft Code Revisions
2
right-of-way, other than alleys, that abuts and trayerses the subject property, commensurate
with the impacts of the deyelopment. At a minimum, improyements shall be required on the
abutting side ofthe right-of-way and a la-foot lane on the side of the right-of-way opposite
the frontage.
(b) Additional dimensions and improyements. The applicant may increase the dimensions of any
required improyement or install additional improyements within the right-of-way with the
written consent of the public works director.
(c) Authority to require dedication. If a right-of-way abutting the subject property has inadequate
width based on the requirements in FWCC 22-1523 through 22-1528, the applicant shall
dedicate a portion ofthe subject property parallel to the right-of-way and equal in width to
the difference between the present right-of-way width and the width required by FWCC 22-
1523 through 22-1528 for that right-of-way. The public works director may waiye additional
dedication or may permit dedication of a lessor amount of the subj ect property for additional
right-of-way width if:
(1) It is likely to anticipate that, within the near future, the private property across the
right-of-way will be required to dedicate property for public right-of-way; or
(2) The reduction in the required right-of-way width will nonetheless proyide adequate
room for all improyements, infrastructure and functions within the right-of-way. For
the purpose of determining the rough proportionality of right-of-way dedication to the
development's impacts, the city may require up to 300 square feet of right-of-way
dedication per average daily trip generated by the development. All dedications under
this subsection shall be by conveyance through a statutory warranty deed.
(d) Partial right-of-way improvements. Where a right-of-way abutting the subject property does
not, eyen after dedications required under subsection (c) ofthis section, contain adequate
width to install all of the improyements required within that right-of-way under this article,
the applicant shall install improvements within the right-of-way which will provide a safe
and efficient right-of-way and which will facilitate completion of all right-of-way
improyements required in this article at a later date. The specific extent and nature of
improyements, where full right-of-way width is not available, will be determined by the
public works director on a case-by-case basis.
(e) Easements. The public works director may require the applicant to grant such easements
oyer, under and across the subject property as are reasonably necessary or appropriate under
the circumstances, including but not limited to easements for the following:
(I) Pedestrian access and sidewalks.
(2) Street lighting.
(3) Traffic control deyices.
(Ord. No. 90-43, § 2(110.25), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
City ofFedera! Way
Draft Code Revisions
3
22-1475
Additional improyements.
The city may require the applicant to paye or install additional improyements within rights-of-
way, either abutting or not abutting the subject property. This may include traffic signals,
channelizations, turn lanes, and other improyements necessary or appropriate to improye traffic
circulation and safety, the need for which is directly attributable to deyelopment of the subject
property. Where appropriate, the public works director may permit the applicant to fulfill the
applicant's obligation under this section by paying to the city the pro rata share ofthe costs of the
required improyements attributable to deyelopment of the subject property, as determined by the
public works director. The city may also require the applicant to proyide traffic studies and other
data describing the traffic impacts of the proposed development, the need for improyements
under this section, and the reasonable pro rata share of the costs of these improyements to be
borne by the applicant. (Ord. No. 90-43, § 2(110.30), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-1476
Traffic control devices and signing.
All traffic control deyices and pavement markings shall conform to the Manual on Uniform
Traffic Control Deyices (M.U.T.CD.) as adopted, ttom time to time, by the State Department Of
Transportation. (Ord. No. 90-43, § 2(110.55), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-1477
Modifications, deferments and waivers.
The public works director may modifY, defer or waive the requirements of this article only after
consideration of a written request for the following reasons:
(I) The improvement as required would not be harmonious with existing street
improyements, would not function properly or safely or would not be advantageous to
the neighborhood or city as a whole.
(2) Unusual topographic or physical conditions preclude the construction of the
improyements as required.
(3) Proper vertical or horizontal alignments cannot be determined because the existing
streets do not haye correct alignments.
(4) The required improvement is part of a larger project that has been scheduled for
construction in the city's adopted six-year transportation improyement program.
(Ord. No. 90-43, § 2(110.60), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-1478
Bonds.
The city may require or permit a bond under FWCC 22-146 et seq. to insure compliance with
any of the requirements ofthis article. (Ord. No. 90-43, § 2(110.65), 2-27-90; Ord. No. 98-330, §
22-1479 - 22-1495 Reserved.
City ofFedera! Way
Draft Code Revisions
4
Memorandum
TO:
Land Use and Transportation Committee
David Moseley, City Manager -M V
Kathy McClung, Director of Community Deyelopment mv
VIA:
FROM:
DATE:
December 31,2001
RE:
25% Right of Way Trigger Code AInendment
BACKGROUND
Attached is the Draft Ordinance and Staff Report to the Planning Commission on the
25% value trigger for right of way improvements. * This code amendment was initially
proposed by the Chamber of Commerce for the 200 I Planning Commission Work
Program. Cary Roe and I worked with a team of Chamber members and met with
individual council members to formulate the staff recommendation.
The current language in the Code requires that adjacent right of way be improyed to
current standards when an owner is improying an existing development and the yalue of
the improyements is more than 25% of the value ofthe existing structure/so
A summary ofthe code amendment changes are as follows:
1. Includes the assessed yalue of the land and improyements in the 25%
calculation for properties under 100,000 square feet.
2. Right of way requirement not applied if façade improyement only proposed.
3. Right of way requirement not applied if tenant improvement only.
4. If right of way improyements are required and the city has obtained grants to
construct or improve the adjacent right of way, the applicant is only required
to contribute their pro rata share minus the grant amount.
The Planning Commission heard this issue on December 5,2001 and approyed the staff
recommendation.
LUTC RECOMMENDATION
After reyiewing the Planning Commission recommended Ordinance, the LUTC may
recommend the following:
I. The full Council approye the proposal by adopting the recommended
Ordinance.
The full Council approve the proposal with modifications.
The full Council disapprove the proposal by resolution.
2.
3.
4.
Refer the proposal back to the planning commission for further
proceedings.
STAFF RECOMMENDA nON
Staff is requesting that the LUTC recommend approval of the Planning Commission's
recommendation to the full City Council for their January 15th meeting.
APPROVAL OF COMMITTEE ACTION:
¡Ç)t1 CifZ- 0 cf5 ~ cr;.-Ij ~
* A full set of the staff report attachments are ayailable in the Council Office. If you
would like your own set, please contact me or Sandy Lyle and we will provide them to
you.
ST AFF REPORT TO THE PLANNING COMMISSION
25% Threshold for Frontagc Improvcmcnts
Federal Wa.1' City Code (FWCC) Amcndmcnts
Planning Commission Mccting of Dcccmbcr 5, 2001
I.
ßACKGROUr\O
The City received a request from the Chamber of Commerce to evaluate the trigger requirements for
street frontage improvements for pre-existing uses. Currently, the City requires pre-existing uses
with substandard street frontage that apply for a development pennit to install improyements
consistent wiih adopted requirements when the proposed action exceeds 25 percent (over a 12 month
period) of the assessed or appraised yalue of all structures on the subject property (Exhibit 1, FWCC
Chapter 22, Article XVI, "Improvements").
The Federal Way City Council identified this code amendment as a high priority for this year's
Planning Con,mission work program. This staff report evaluates the proposed request; identifies and
discusses techniques to provide street improvements for previously developed properties; eyaluates
the applicability of the identified techniques to Federal Way; and finally recommends reyisions to
current code requirements.
The Issue
Many communities are challenged by the presence of substandard streets fronting developed
properties within their jurisdiction. Usually, these circumstances are the result of deyelopment
occurring prior to the establishment of suitable frontage improvement requirements, or before there
were identified needs for improyed street infrastructure at each location.
Substandard ,treets pose functior.al and public safety-related risks to a community, such as the lack
of pedestrian continuity, the absence of access control, uncontrolled parking configurations, loss of
opportunities for coordinated stom1water treatment and conveyance, and the lack of consistent and/
or appropriate street lighting. In addition, streetscape improvements (street trees, plantings,
landscaped median strips, and other decorative elements) that aesthetically enhance the community
and (in commercial areas) contribute to economic vitality are often not present. The absence of street
improvements can also contributc to a negative impression of the community by residents,
commercial users, and visitors.
Acknowledging the advcrse factors resulting from the lack of street improvements, the challenge is
to find a fair means of addressing the problem. In summaI)', how can a community orchestrate
needed street improvement retrofits in a manner that is cost-effective for both the jurisdiction and
adjacent propcI1y owners?
Chamber of Commerce Request
In October 2000, the Federal Way Chamber of Commerce requested that the City Council rcview the
existing code policies associated with street improvements and the cost allocation required for pre-
existing uses, generally rderred to as the "25% trigger." The Chamber believed that Federal Way
was, "...missing out on significant development opportunities because of these policies," Further,
the Chamber requested staff time and resources to fonn a task force on these economic development
incentives and stated, "The goal of this discussion would be to insure that we are not missing out on
development opportunities and associated sales/property tax reyenues because of the disincentives
built into the current code" (Exhibit 2).
Process to Date
The Economic Vitality Committee (EVe), an established committee of the Chamber of Commerce,
focused on the issue.
In July 2000, a matrix was prepared by City Staff (Exhibit 3) that summarized the approaches used
.by yarious communities to address triggers for improvement of substandard streets associated with
previously established deyelopment. This matrix identified the following:
I.
2-
3.
4.
Applicability and Nonconformance Thresholds;
Criteria for Improyements;
Public Right-of-Way lmproyement Requirements; and
Parameters for DeferraVWaiyer of Requirements.
A memorandum (Clirehugh, January 2001) was prepared for the Task Force (Exhibit 3) that
identified the following possible strategies for discussion:
I.
2.
3.
4.
5.
Should the trigger be changed from 25 to 50 percent?
What value should trigger additional requirements?
Should interior tenant improyements be excluded from triggers?
Should there be area specific requirements?
Should the City adopt a pro rata formula as it relates to when street improvements are
completed?
Should the calculation of impact take in account how the project is being funded?
Financial impacts might be spread out oyer time.
6.
7.
An additional meeting of the Task Force was scheduled for February 2001. A memorandum
(Clirehugh, March 2001) was prepared (Exhibit 3) that summarized the results of the discussion to
date and proposed the following recommendation to the City:
I.
2.
3.
4.
The 25 percent trigger shall be unchanged.
The total assessed value of both land and improyements shall determine the thresholds.
Interior tenant improvements shall be excluded from the trigger.
All street frontage improvements, to be absorbed by the landowner, shall be calculated
based on the City's proportioned amount excluding federal, state, and county
contributions.
The landowner shall be given the opportunity to spread the cost of the assessment over
time, when practical.
5.
The Chamber of Commerce formally submitted these recommendations to the Federal Way Planning
Commission in May 200] (Exhibit 2a).
Staff Involvement
The City's Public Works Director and Commnnity Development Director worked early in the
process with the Chamber of Commerce to provide technical information to the Task Force. Staff
also met individually with the Council to share progress on the issue and to receive direction. The
PC Staff Report
25% Trigger for Improvements
Page2ofl4
Council was clear that they were in favor of "moving the bar," wanted to especially help small
businesses, but did not want to move the bar so far that all burden of street improvements is on the
tax payer.
[n August 2001, City staff and the City's consultant presented the background information to the
Planning Commission at a workshop. The Planning Commission asked a number of questions that
are answered in memo form (Exhibit II).
In October, the City's consultant prepared a draft staff report that was provided to the Chamber of
Commerce and Planning Commission. A public hearing before the Planning Commission was
scheduled for October 17,2001- The Chamber requested a delay of the public hearing in order to
give them time to share the staff recommendation with their membership. Representatives from the
Chamber ha"ve met with City staff a number oftimes and issues such as tenant improvements and
façade treatments haye been further clarified- The Chamber also requested staff to reconsider the
recommendation to include land values only in the 25 percent calculations for properties over
100,000 square feet. The Chamber and staff both ran separate calculations that resulted in no change
in the staff recommendation on this particular issue.
Existing Code Requirements
The code currently addresses street frontage improvements in FWCC Chapter 22, Artie!, XVI,
"Improvements' (the applicable development standards of Sections 22-1523 through 22-1528 are
attached in Exhibit I).
FWCC Section 22-1473 indicates when public improyements must be installed. This section states
that applicants must provide the improvements required by Article XVI if the activity requires a
development permit. Two exceptions are established:
1.
lfthe proposed improyements in any 12-month period do not exceed 25 percent of
the assessed or appraised value of all structures on the subject property, or
2.
If, within the immediately preceding four years, public improvements were installed
as part of any subdivision or discretionary land use approved under the code.
The balance ofthe article delineates with specificity the improvements that must be installed. It is
important to note that the improyement requirements and the two exemptions (above) are applicable
within all zoning districts within the City. In practice however, it is in the commercial areas that pre-
existing deficiencies are the most acute.
Regulatory Basis and Issues
In promoting the public interest, a community must striye to balance the needs of both its property
owners and the general public. It is in the public interest to require business to expand the tax base. It
is also in the public interest to require from a property owner a fair investment in the infrastructure
that brings business to a commercial property.
Comparison and Evaluation ofThrcsholds for Washington Cities
The following chart shows a comparison of various local jurisdictions and their methods of
extracting improvements associated with pre-existing deyelopment.
PC Staff Report
PageJ ofl4
25% Trigger for Improvemenls
City Trigger Permit ..-
Valuation Comment
Auburn 50% y Value of structurc, additions, Deferral permitted but must
alterations, repairs execute agreement to insure
participation in future LID.
Bellevue 100% Y Replacement value of structure over Deferral pern1Ìtted but must
three years. Additions, alterations, execute agteement to insure
repair. participation in future LID.
Everett 50% y Current market value one-year period. Deferral pern1Ìtted but must
Additions, alterations, repair. execute agreement to insure
participation in future LID.
Issaquah 25% Y Maintenance: ICBO value. Additions,
alterations, repair. Alterations: greater
than 75% must meet development
standards. Additions, alterations,
repaIr.
Kent $20,000 Y Except for buildings on lots old code. Deferral permitted but must
Additions, alterations, repair. . execute agreement to insure
participation in future LID.
Puyallup $60,000 Y Any two-year period. Additions,
alterations, repair.
Redmond 20% of Y Increase of floor area. Additions, Deferral permitted but
area alterations, repair. participation in future LID.
50% of Alterations or repair greater than 50
structure percent of structure.
Renton $50,000 Y Additions, alterations, repair of
structure.
Sea-Tac $75,000 Y Additions, alterations, repair of
structure.
Tumwater 25% Y CuITent market value one-year period.
Additions, alterations, repair.
As shown, there is a lack of consistency between jurisdictions in establishing a threshold for frontage
improvements. In addition, there are a variety of measures used as "triggers." Whereas 25 percent of
assessed valuation is used by Mt. Vernon, a 50 percent factor appears to be more widely used. In
tenns of the valuation method, most use an assessed value of the structure and/or land. Using the
value of the structure appears to be more general. However, some use a dollar-figure over a
particular period of time. Although there is a general lack of consistency noted in the sample, all of
the jurisdictions are similar in linking any waiver or deferral of improvement requirements to
executing an agreement with the subject municipality to enter into a "no protest" agreement toward
the future formation of a Local Improvement District (LID).
Analysis of the Task Force Recommendations
Cities have broad statutory authority to require basic levels of street improvements as a condition of
building permit issuance. The challenge of orchestrating streetscape improvements in a manner that
is not haphazard and is cost-cffective for both the city and property owner is not easy. TIlere is no
obvious, accepted, or consistent agreement among municipalities as to how to accomplish this (see
comparison matrix, above). Perhaps the only way to assess the effectiveness of one threshold or
valuation method over another would be 10 evaluate the relative function and appcarance of each
individual city, or the economic effect on landowners who have provided the required frontage
improvements. This would be difficult to measure, and highly subjective to evaluate. In addition, the
resulls of such analysis would not likely be transferable due to the unique circumstances associated
with each community.
PC Staff Report
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25% Trigger for Improvements
As such, each community must determine for itsclfthe right balance between facilitating growth and
discouraging it. The EYC task force has made a significant cffort to address this issue in a balanced
manner. Their five recommendations arc discussed below.
1.
The 25% trigger' shall remain.
Analysis: Some municipalities have a 50 percent trigger, some a dollar amount, and
some have no requirement at all. There are a number of factors that must be weighed in
adopting a threshold for "fair share improvements." The initial goal is to construct
needed street improvements; secondarily is how those improvements will be paid for
and how soon they must be done. Additionally, the municipality must decide if some
improvements are excluded (currently, electrical, plumbing, SEPA, Use Process,
Preapplication, and Site Plan Review are excluded). There must be a finn and rational
basis for excluding these elements.
In reviewing the goal of establishing a threshold for needed improvements balanced
with the need of the municipality to provide for responsible economic growth while
promoting public safety, it must be acknowledged that there is no perfect solution. If one
of the goals is to incrementally p'oyide for needed ,etrofit improvements, then the City
may wish to continue to use the 25% trigger; however, this will likely result in fewer
improyements and those occurring in a patchwork fashion. If the goal is to address
deficiencies in a more comprehensive manner, the City should consider enacting LID's
or establishing a Transportation Benefit District (TBD), which would provide for more
orderly improvements with costs apportioned to all of the adjoining businesses.
2.
Total assessed value of land and improvements to determine the threshold.
Analysis: If both land and structures are included, there will be a higher dollar amount
target or threshold that must be reached to trigger improvements. Consequently, the
landowner could make more improvements than under the 25 percent threshold if the
value was calculated on only the assessed value of the structure. The result would be
that fewer required frontage improvements would be triggered.
3.
Interior tenant improvements to be excluded from trigger.
A/wlysis: Tenant improvements arc improvements made within the interior of the
building. They do not include building additions. Arguably, interior tenant
improvements do not increase demand on surrounding streets. However, it is fair to say
that businesses make improvements to increase their volume and profitability. If a
business is successful, it is likely that their customer base will grow.
Most of the municipalities reviewed did not make this exceplion explicit in their code.
Indeed. seven out of the eight municipalities specifically included alterations or
remodeling. Occasionally, a tenant improvement can include a change to increase Ooor
area, such as a mezzanine. In these rare inslances, additional traffic can be generated. In
these circumstances it is fair to potentially require street improvements if needed.
4-
All frontage improvements to be absorbed by landowner, based on calculation of the
City's pr'oportioned amount excluding federal, state, and county contributions.
PC Starr RcpOl1
l'a~c50rl4
25% Trigger for Improvements
AI/a/ysi,,: A transportation system for the City is planned within the comprehensive
plan. This network of streets is implemented through improvements required at the
time of development and through the City's six-year Transportation Improvement Plan
(TIP). Every year this plan is reviewed, updated, and approved by the City Council.
The Public Works Department utilizes the TIP to apply for state and federal grants to
match the City's funds for street improvements.
Should the City obtain funding from federal or state sources, the landowner should not
be additionally assessed for improvements to be provided through those Sources. In
cases where funding is obtained, the property owner should contribute a proportionate
share toward establishing any remaining unfunded improvements.
5.
Landowner to be given the opportunity to spread the costs of the assessment over time,
when practical.
Analysis: This would apply only to a LID or TBD assessment, as otherwise a public
entity would be loaning money to a private entity. Article VIII, Section 7 of the
Washington Constitution specifically prohibits this, and reads as follows:
"No county, city, town or other municipal corporation shall hereafter
give any money, or property, or loan its money, or credit to or in aid
of any individual, association, company or corporation, except for the
necessary support of the poor and infirm, or become directly or
indirectly the owner of any stock in or bonds of any association,
company or corporation."
This provision of the state constitution actually contains the following four separate
prohibitions that are relevant: 1) a prohibition against gifts of money; 2) a prohibition
against gifts of property; 3) a prohibition against loans of money; and 4) a prohibition
against the lending of municipal credit. This is why the Legislature enabled the process
as defined in RCW 35.43 through 35.56.
Analysis of FWCC-EVC Recommendations: Case Studies
Matrix I (Exhibit 4) analyzes the recommendations as proposed by the Task Force using two recent
projects (Sears and Key Bank). The current code requirements are included to establish a baseline
reference. In the case of Sears, street improvements were not required under the existing code. If the
recommended revisions are adopted, it is likely that a larger project, such as Sears, would not exceed
the recommended trigger and consequently would not have to make improvements.
The proposed Key Bank project was smaller in scale. Under both the existing and proposed trigger
mechanisms, street improvements would be required. It is evident that smaller or less valuable
properties will be the ones most likely to provide improvements under either scenario.
Alternative Sh'ategies to be Considered
Several alternative strategies can be used to address substandard streets, and should be considered.
These approaches tend to address resolving substandard conditions for multiple sites or larger areas.
The general advantages of cumulatively addressing deficiencies are shared cost, economy of scale
(in some cases), opportunities to integrate the design and construction of improvements, the ability
to spread costs over lime, and the avoidance of the discontinuity typically associated with
PC StalT Report
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25% T,ígg« fo, ImpcovemenlS
incremental site-by-site redevelopment. The general disadvantages of these approaches arc the need
to involve multiple property owners and the procedural hurdles associated with implementing the
strategy.
The following alternative strategies may be applicable:
1.
"Recovety or Latecomers Agreement." Have the property owners construct all the
street improyements in his/her block and establish a "recovery contract'" under Chapter
35.72 RCW (Exhibit 5).
2.
"Sidewalk Statutes." Use the "sidewalk statutes,,2 to construct street improvements
(Chapters 35.68 and 35.70 RCW) (Exhibit 6).
3.
LID. Forming a local improvement district (LID).'
4.
Improvements Provided by City. Constructing the improvements with City and/or grant
funds.'
5-
Establish Transportation Benefit Districts (TBD). A TBD is not so much a revenue
source as it is a funding mechanism by which infrastructure projects can be planned,
prioritized, funded, and built by either a local government¡( entity on its own or in
partnership with other stakeholders- RCW 35_21.225' gives the legislative authority of
a city. the power to establish a TBD for the purpose of acquiring, construct, improying,
providing, and funding any city street. RCW 36.73' describes the process and methods
of payment for the district. In essence the district is a, ".. .quasi-municipal corporation,
an independent taxing authority'" as allowed by the state constitution. Significant of
I Chapter 35.72 RCW allows a city to enter into a recovery contract or latecomers agreement with any property owner to provide
for reimbursement for street improvements installed by the property owner, which also benefit other properties in the area. A city
must, however, have an ordinance in place that requires the street improvements as a condition of property development. A city
may, if it participates in the improvement, be reimbursed for its share of the improvement costs in proportion to the benefit
received by the specific properties included in the recovery contract area. In 1997, the Legislature amended this statute to allow a
county, city, or town to create an assessment rei, \bursement area on its own initialive, without the porticipation of a private
property owner, finance the costs of the road or st,-,et improvements, and bccome the sute bencficiary of the reimbursemcnts that
are contributed.
2 Three chapters, 35.68 RCW, 35.69 RCW, and 35.70 RCW, provide citics and towns with the authority to require property
owners abutting a public street to construct sidewalk improvements or, if the property owners refuse, to construct the
improvements itself and assess the costs to them. Each of the statutes has a slightly different approach to the issue and must be
read carefully to make sure that all procedures particular to that statute have been followed. All three statutes refer to limitations
in RCW 35.69.020: a) an abutting property owner cannot be charged more than 50 percent of the valuation of the property,
exclusive of improvemcnts; and b) an abutting propcrty owner cannot be charged if action by thc city causcd deterioration or
damagc or ¡fthe deterioration or damage was caused by failure of the city to enforce its ordinances.
) Local Improvement Districts (LIDs) are a means of assisting property owners in financing nceded capital improvcmcnts
through the fomlOtion of special assessment districts. Spccial asscssment districts allow improvements to be financed and paid for
over a period of time through assessments on the benefiting properties. They are similar to assessment districts thai arc created
under the sidewalk statutes, but arc not as limitcd in the scope of improvements (type and geographical area) that can be
accomplished, nor arc they subject to the limilalions of RCW 35.69.020. Thcy arc subject, however, to approval (or more
COITectly, non-protest) by the property owncrs, whcreas the sidewalk statutcs are not. Basic LID processes arc in Chaptcrs 35.43
RCW through 35.56 RCW. Cities which makc extcnSlve usc of LIDs to construct neighborhood improvemcnts include Tacoma,
Spokane, and Evcrcu. Each Washinglon city and lown should havc on file a copy of the ncwly published Washington Siale Local
Improvement District Manual, Fourth Edition (A WC, AI'W A, and MRSC). This manual provides much information on
fonTIation, administration, and closcoul of LIDs.
. Citics and towns are eligible for a numbcr of grant and loan programs for thcir sharc of the costs of participating with propcrty
owncrs in construction of improvemcnis.
, Attached as Exhibit 7.
6 Attacl\ed as Exhibit 8.
1 RCW 36.73.040, Generat Powers ofDislricl
PC Staff Report
25% Trigger for Improvemenis
Page 7 of 14
this method of funding, the city need only find that the action of establishing the district
is in the public interest and adopt an ordinance. Once established, the city may levy an
ad valorem tax, or issue general obligation bonds to pay for the improvements'
Analysis of Alternative Strategies
The adopted 25% trigger is dependent on redevelopment or expansion as a means of remedying
existing deficiencies. Practically, needed improvements will likely be "stretched out" over a period
of many years. The incremental nature of redevelopment will at best result in a patchwork pattern of
frontage improvements. Although most of these strategies to retroactively provide improvements
place the full initial financial burden on the developer, some jurisdictions are eager for growth and
subsidize the construction, provide labor or materials, or j}artially reimburse the developer. In the
cases of LID's (discussed below) the assessing authority may subsidize the project by assessing less
than the full cost of the project.
The following matrix describes the alternative strategies:
Allows property owner to
make improvements and be
reimbursed by other property
owners benefiting. City may be
reimbursed for its share in
proportion to benefit received.
City may also create an
assessment reimbUtsement area
on its own.
Sidewalks Statutes
City has authority to require
sidewalk improvements, or can
construct and assess the costs to
property owners.
Local Improvement
Districts
Allows improvements to be
financed and paid for ovet a
period of time through
assessments of benefiting
properties.
Municipally
Constructed
Improvements
City constructs improvements to
remedy existing deficiencies.
. RCW 36.73.060 & RCW 36.73.070
Es yan street
improvements as a condition of property
(re)development. City can make improvements
on its own and become the sale beneficiary of
reimbursements that are contributed when
triggers are reached.
Requires the City provide the costs of the
improvements "up front," which may be cost
prohibitive.
Approval by property owners not required. The
property owner cannot be charged more than
50 percent of the valuation of the property,
exclusive of improvements.
Applies to sidewalks only. Problems may arise
if sidewalks are improved and streets are not.
Would require coordination with other street
work.
Subject to approval by the property owners.
Generally used by larger municipalities.
An expensive and time-consuming process if
the district is not approvcd by the propcrty
owners. A fair system of cost sharing, and may
be considered less of an initial impact as costs
are spread out over a long period of time.
Costs associated with the project are borne by
the whole community.
Improvements must be detennined to be in the
public interest.
PC Starr Report
Page 8 of 14
25% Trigger for Improvements
Strategy --- \~l:, -- ',-'
Transportation Creates an independent taxing City must fmd that the TBD is in the public
Benefit Districts authority. A funding mechanism interest and adopt an ordinance. City levies a
for improvements built either by tax or issues GO Bonds to pay for
the City or in partnership with Improvements.
other stakeholders. -
Numerous funding options available. Not a
widely used option.
Criteria for Determining an Appropriate Strategy for Federal Way
In order to determine the most appropriate strategy-for Federal Way, it is useful to establish a set of
evaluating criteria- As a precursor to the development of criteria, it is important to establish the local
context, which should reflect the unique conditions found in the community- The local co'ntext can
be established thorough the identification of:
1.
The general degree of existing building development;
2.
The current leye! of pre-existing street improvements;
3.
The current circumstances under which exemptions, variances or waiyers for
retroactive street improvements are granted; and
4.
The aiIowable alternatives to the construction of improyements.
After the local context is established, the following criteria should be used to eyaluate the
alternatives:
1.
Will the proposed strategy serve as a significant disincentive for desired economic
deye!opment? What is the most appropriate balance between benefit to the landowner
and the public?
2.
How quickly and consistently does the City want the retroactive street improyements to
be done?
3.
Will the proposed strategy create a haphazard, patchwork of improyements?
4.
How much should the City contribute towards remedying current deficiencies?
5.
How much of a leadership role in facilitating these improvements does the City wish to
take?
A detailed analysis of the criteria questions shown above was performed, as well as a review of the
recommendations related to specific application in the City of Federal Way; taking into
consideration the perspectives, and concerns of the City as well as the business community. The
analysis is attached as Exhibit 9, "Analysis: Local Context" and "Analysis: Criteria."
Recommendations
In order to prepare relevant, balanced recommendations this report has:
1.
Reviewed the existing code in comparison with other (local and adjacent) municipalities-
PC Staff Report
25% Trigger for Improvements
Pa~e 9 ofl4
2.
Analyzed the legally available tools for providing improvements.
3.
Analyzed data provided by the City relating to cost associated with typical projects.
4.
Applied proposed strategies to selected local projects as a case study.
5.
Evaluated the effectiveness of each of the proposed strategies.
6.
Analyzed the goals of the City as identified in the comprehensive plan to transportation
infrastructure, economic deyelopment, and community character.
As discussed above, there is no perfect solution, but recommendations are proposed by focusing on
the need for an ordered, comprehensiye, and consistent method of required improyements based
upon a fair cost sharing.
. Wireless Transmission Facilities
Any improvement issues associated with wireless communications would follow the requirements of
FWCC Section 22-966, "Personal Wireless Service Facilities," and as such should be exempted from
the requirements described herein-
Summary
1.
The 25% trigger shall be unchanged.
Analysis: Although municipalities differ in using various thresholds' and it is widely
acknowledged there is no perfect solution, the continued use of the 25% trigger appears
to be a reasonable "middle ground"- It represents neither the highest nor the lowest
threshold, and it would not appear to create a disincentive for improvements.
Identifying exemptions and adding other factors in the 25 percent calculation will result
in fewer requirements for business expansion.
2.
Valuation of properties. The total assessed value of both land and improvements shall
determine the threshold. Excepting that if the property is less than 100,000 square feet in
size the assessed or appraised value of structures and property shall be used to determiue
the 25 percent ofthe assessed or appraised value. Uthe property is greater than 100,000
square feet in size, the assessed or appraised value of structures only shall be used.
Analysis: Our task was to develop a fair and equitable "cut-off' or base line below
which both structures and property values would be used to determine the 25 percent
calculation, and aboye which the value of structures only would be used in the 25
percent calculation. As demonstrated in the case studies'o matrix, and further described
in the "Analysis of FWCC-EVC Recommendations: Case Studies" section above, the
'proposed 100,000 square footage trigger would reverse the current disincentiye to
smaller business and more equitably distribute the cost of improvements to both large
and small businesses based upon their impact to the infrastructure. As shown in the case
studies, larger businesses with greater monetary value have rarely reached the trigger.
. See, "Comparison and Evaluation ofThrcsholds for Washington Cities," above.
"See Exhibit 4.. "Analysis of FWCC-EVC Task Foree Recommendations."
PC StafTReport
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25% Trigger for Improvements
In order to demonstrate the differen<oes between lot size, frontage, and property value,
we organized lIS subject parcels into categories based on lot size for analysis. The
categories ranged from lots less than 10,000 square feet to lots over 750,000 square
feel. The number of lots in each category, along with the average footage of street
{rontage, were plotted to detennine any correlation between lot size and frontage (see
Average Frontage Per Lot Size graph in Exhibit 10). The average frontage increased
with the increase in lot size, with the largest frontages in the 70,000 - 750,000 square
foot range.
Land and structures values were then averaged and plotted within each lot size category
(see Land/Building Value Per Lot Size graph in Exhibit 10). Value increased gradually
with increases in lot sizes until the 100,000 - 750,000 square foot lot size category was
reached- Significantly, average property value increased dramatically beyond the'
100,000 square foot lot range. This became the definitive baseline, and consequently,
was a logical threshold.
The City's Geographical Infonnation System identifies 19,644 parcels within the City
limits. Approximately 3.7 percent, or 731, haye more than 100,000 square feet. When
considering only the nonresidential parcels, there are 932 parcels, 227 (24 percent) of
which are over 100,000 square feet.
Although some inequities are unayoidable, the proposed threshold offers a reasonable
and rational approach for the smaller business owner. If both land and structures are
included, there will be a higher dollar amount target that must be reached to trigger
improvements, thus they would not be unfairly penalized as the landowner could make
more improvements than if the value was calculated on only the assessed value of the
strueture- Conyersely, the larger landowner, who could make considerable
improyements under existing regulations before reaching the threshold, would be
required, using the trigger value of the structure only, to contribute fair share. II In other
words, the threshold allows smaller property owners to further deyelop and improve
their property without the disincentive of required costly street frontage improyements,
thereby achieving the goal of not continuing or creating disincentives, but achieving a
fair and equitable growth enyironment.
The utilization of the property square footage threshold allows reasonable
redevelopment, upgrades, and/or expansion, but recognizes the obligation of a property
owner who benefits from improvements to his property to participate in mitigating the
increased impacts to the existing infrastructure.
3.
Tenant improvements are exempted, excepting those improvements that increase the
floor area.
Analysis: There is a direct correlation between improvements that increase the size or
intensity as measured by increased traffic trip generation, and the impact on the
surrounding road network. In order to prevent unforeseen inefficiencies in a public
system it is rational, and prudent, to require that expansion of use requires a requisite
"fair share" contribution. The proposed exemptions allow for redevelopment,
upgrades, and/or expansions that do not allow the traffic-generating intensity of the
"See Exhibit 4, "Analysis of FWCC-EVC Recommendations: Case Studies."
PC Staff Report
Pagellofl4
25% Trigger for Improvements
use to increase significantly. However, other expansions that do increase the traffic-
generating intensity would remain subje~t 10 the 25 percent provision.
4.
All street frontage improvements, to be absorbed by the landowner, shall be calculated
based 011 the city's p,'oportioned amoullt excludillg fcdcl'al, statc, alld collllty
contributions.
Analysis: See "Analysis of Task Force Recommendations," above. Should the City
obtain funding from federal or state sources, the landowner will not be additionally
assessed for improvements to be provided through those sources. In cases where
funding is obtained, the property owner should contribute a proportionate share toward
establishing any remaining unfunded improvements ¡fthe 25 percent threshold is
triggered.
5.
The law docs not permit that the landowner shall bc given the opportunity to spread
the cost of the assessment ovcr time, when practical.
Analysis; Although utilities possess the ability to charge fees for the use of their
infrastructure, frontage and road systems do not legally posses this ability_12
6.
Staff is recommending an additional exemption of façade improvements.
Analysis: Improying the front of the building does not in itself impact traffic. When
façade improvements are proposed, the City's design guidelines may also require other
site improvements, such as landscaping or parking. The recommended language for this
code amendment waives the façade improvement and any additional site improvements
required as part of the facade improvement from the 25 percent calculation.
II
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:
To review and evaluate the zoning code text regarding any proposed amendments;
To determine whether the proposed zoning code text amendment meets the criteria
provided by FWCC Section 22-528; and
To forward a recommendation to City Council regarding adoption of the proposed
zoning code text amendment.
III PROCEDURAL SUMMARY
May 16,2001:
Ortìcial request(s) to City CoUllcil to review 25 percent threshold
improvements
"See, "Analysis o[Task Force Recommendations:' above
PC StafTReport
Page 12ofl4
25% Trigger for Improvements
OctobcrI3,2001:
Octobcr29,2001:
December 5, 2001:
January 2002:
February 2002:
IV DECISIONAL CRITERIA
Determination of Non significance pursuant to State Environmental Policy
Act (SEPA)
End ofSEPA Comment Period
Planning Commission Meeting
Proposed Land Useffransportation Committee Meeting
Proposed first and second reading of Ordinance by full City Council
'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 goals and policies:
LUGi
LUn
LUG6
improve the appearance andfunction of the built environment.
integrate and coordinate construction of public infrastructure with
private development to minimize costs wherever possible.
Transform Commercial Business areas into vital, attractive, mixed-
use areas that appeal to pedestrians and enhance the community's
image.
2.
Thc proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed FWCC text amendments will result in an improyed enyironment by
providing for upgrading of substandard streets through a fair and equitable process.
Substandard street pose function and public safety-related risks to the community, such
as the lack of pedestrian continuity, the absence of access control, uncontrolled parking
configurations, loss of opportunities for coordinated storm water treatment and
conveyance, and the lack of consistent and/or appropriate street lighting, which haye a
direct 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 enhance the community and will contribute
to economic vitality, through a fair and equitable means of assessing adjoining property
owners for their fair share of cost, resulting in increased efficiency and effectiveness of
City resources.
PC SI3fTReport
Page 13 of 14
25% Trigger for Improv<t11enls
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:
I.
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.
FolWard the proposed FWCC text amendments to City Council without a
recommendation.
VI STAFF RECOMMENDATION
The following motion is suggested:
Moye to recommend to the City Council for adoption of the proposed FWCC text
amendments relating to 25% Frontage Improvements. (If changes occur as a result of
Planning Commission deliberations add, "...as amended by the Planning Commission.")
VII EXHIBITS
Exhibit I:
Exhibit 2:
Exhibit 2a:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
Exhibit 8:
Exhibit 9:
Exhibit 10:
Exhibit II:
Exhibit 12:
FWCC Chapter 22, Article XVI. "Improvements," Sections 22-1471 to 15.44
Correspondence from Federal Way Chamber, October II, 2000
Correspondence from Federal Way Chamber, May 16,200 I, to Federal Way Planning
Commission
Memorandum from Cary M. Roe, P.E., Public Works Director, Regarding Street
Frontage Policies, Memorandums, Spreadsheets IdentifYing Parcels, Land Value, etc.
Analysis of FWCC-EV 25% Task Force Recommendations
RCW 35.72.01~40
RCW 35-68.010"'{)80
RCW 35.21.225-315
RCW 36.73.030-900
Analysis: Local Context and Analysis: Criteria
Land/Building Value Per Lot Size Graph
Memorandum to Planning Commission, Follow Up Questions from August Workshop
Draft Ordinance with Attachment of Proposed Code Rcvisions
PC Staff Report
t\OOCtJMENNS% Tri.... """"m-IDoo S PC"% SuIT"""",.""
Page 14 of 14
25% Trigger for Improvements
MEETING DATE:
February 19,2002
ITEM#
Y(c)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Pacific Highway South HOV Lanes Phase I (South 3l2th to 324th Street) Improyement Project - 100%
Design Approyal and Authorization to Bid
CATEGORY:
BUDGET IMPACT:
[2J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo to Land Userrransportation Committee dated February 4,2002.
SUMMARYIBACKGROUND: The Pacific Highway South HOV Lanes Phase I (South 312th to 324th Street) design
has been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the
fonowing planned projects have been incorporated into the design and win be constructed as part of this project:
Surface Water WHII-CIP-3 Storm Drain Up Size Project (Approximately 60% of this Surface Water
Management project will be completed as part of this road project)
Utility Underground Conyersion within project limits.
Lakehaven Utility District water and Sewer utility adjustment and pipe replacement
PROJECT FUNDING
The project is funded as follows:
PROJECT EXPENDITURES
Planning and Design
Right of Way Acquisition
Estimate
2002 Engineers Construction
Estimate
10% Construction Contingency
Construction Management
Underground Conyersion
(PSE & Qwest) Estimate
TOTAL PROJECT COSTS
$950,000
$2,933,000 (The ROW acquisition expenditure remains an estimate
due to pending condemnation action on 19 properties.)
$6,300,000
$630,000
$750,000
$500,000 (The underground conversion expenditure remains an
estimate due to pending litigation with PSE.)
$12,088,000
FUNDING AVAILABLE
Total Grant Funding
Mitigation Fund
Surface Water Fund
(TIA $1,274,000, STPUL $2,399,433,
and STPC $5,396,000, WSDOT
$10,237,491 $1,168,058)
$240,597
$211,000 (Part ofSWM project WHll-CIP-03)
$525,129 (Utility replacement! Adjustment)
$1,110,000
$71,000
Lakehayen Utility District
Budgeted City Matching Fund
Interest Earning
TOTAL A V AILABLE BUDGET
$12,395,217
PROJECT BALANCE
$307,217
This project is on budget and we anticipate bidding the project in April 2002 and awarding in May 2002. Construction
will commence in June 2002 with an estimated substantial completion date of October 2003.
CITY COUNCIL COMMITTEE RECOMMENDATION: At it's February 4, 2002 meeting the Land
Use/Transportation Committee made the following recommendations:
1. Approye the 100% design plans for the Pacific Highway South HOV Lanes Phase I (South 3121h to South 3241h
Street) Improvement Project.
2. Authorize staff to bid the project contingent upon receiying necessary Grant funding agencies approval and
return to the City Council for pennission to award the project to the lowest responsiye, responsible bidder.
PROPOSED MOTION: "I moye approyal of the 100% design plans for the Pacific Highway South HOV Lanes Phase I
(South 312'h to S 3241h Street) Improyement Project, to authorize staff to bid the project contingent upon receiving
necessary Grant funding agencies approval, and to return to City Council for pennission to award the project to the lowest
responsive, responsible bidder."
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 T ABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances onty)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISEO - 05/1 0/2001
DATE:
February 4, 2002
TO:
Eric Faison, Chair
Land Use / Transportation Committee ~ ---------
Marwan Salloum, Street Systems Managev-
Dayid H. MO~nager
Pacific Highway South HOV Lanes Phase I (South 312"h to 3241h Street) Improvement
Project - 100% Design Approval and Authorization to Bid
FROM:
VIA:
SUBJECT:
BACKGROUND
The Pacific Highway South HOV Lanes Phase I (South 312'h to 324'" Street) design has been completed and is
hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned
projects have been incorporated into the design and will be constructed as part of this project:
Surface Water WHll-CIP-3 Stonn Drain Up Size Project (Approximately 60% of this Surface
Water Management project will be completed as part of this road project.)
Utility Underground Conyersion within project limits.
Lakehaven Utility District water and Sewer utility adjustment and pipe replacement.
PROJECT FUNDING
The project is funded as follows:
PROJECT EXPENDITURES
Planning and Design
Right of Way Acquisition
Estimate
$950,000
$2,933,000
(The ROW acquisition expenditure remains an estimate due
to pending condemnation action on 19 properties.)
2002 Engineers Consttuction
Estimate
10% Construction Contingency
Construction Management
Underground Conversion
(PSE & Qwest) Estimate
TOTAL PROJECT COSTS
$6,300,000
$630,000
$750,000
$500.000
(The underground conversion expenditure remains an
estimate due to pending litigation with PSE.)
$12,088,000
February 4, 2002
LUTC Memo - Pacific Hwy. S. HOY Lanes Phasc 1,100%
Page 2
FUNDING A V AILABLE
Total Grant Funding
Mitigation Fund
Surface Water Fund
$10,237,491
$240,597
$211,000
$525,129
$1,110,000
$71,000
(TIA $1,274,000, STPUL $2,399,433, and
STPC $5,396,000, WSDOT $1,168,058)
(Part ofSWM project WHI I-CIP-03)
Lakehaven Utility District
Budgeted City Matching Fund
Interest Earning
TOTAL AVAILABLE BUDGET
(Utility teplacement! Adjustment)
$12,395,217
PROJECT BALANCE
$307,217
This project is on budget and we anticipate bidding the project in April 2002 and awarding in May 2002.
Construction will commence in June 2002 with an estimated substantial completion date of October 2003.
RECOMMENDATION
Staffrecommencts placing the following items on the February 19,2002 Council consent agenda for approval:
1. Approye the 100% design plans for the Pacific Highway South HOV Lanes Phase I (South 312'h to
South 324th Street) Improvement Project.
2. Authorize staff to bid the project contingent upon receiving necessary Grant funding agencies approval
and return to the City Council for pennission to award the project to the lowest responsive, responsible
bidder.
MS:dl
cc:
PmjectFi1e
DayFi1e
K:\LUTC\2002\Paoific Highw,y Ph", I. 100%.d"
MEETING DATE:
February 19,2002
ITEM# y(~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
1" Avenue South Shoulder Improvements (S 356th Street to S 36lst Street) - 30% design Status
CATEGORY:
BUDGET IMPACT:
IZI CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
D ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expeuditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo to Land Userrransportation Committee dated January 28, 2002.
SUMMÁRYIBACKGRÓUND;Th;sp¡:öjecï¡:ec;;~strucis a shö~¡der a;{dasph;':¡i;;urb;':¡;;ng i'¡A~en~eŠöuth¡;eíween Š
356th Street and S 361" Street near IlIahee Junior High School. The purpose of the project is to improve pedestrian
safety, (specifically school children), along this stretch of roadway.
The project was funded as a part of the 2001/2002 Budget process. A total of $150,000 was budgeted in 2002 for this
project.
The project design is approximately 30% complete.
PROJECT EXPENDITURES
Planning and Design
Right of Way Acquisition
$10,000
10,000
65,000
19,500
$104,500
Construction
30% Construction Contingency
TOTAL PROJECT COSTS
FUNDING AVAILABLE
2002 Budget
$150,000
ACTION:
Due to the size and type of project and in an effort to take advantage of efficiencies, staff is requesting that this project be
incorporated into the 2002 Asphalt Overlay Project.
CITY COUNCIL COMMITTEE RECOMMENDATION: At it's January 28, 2002 meeting, the Land
Userrransportation Committee made the following recommendations:
I. Authorize staff to finalize the design of the I" A venue South Shoulder Improvements (S 356th Street to
S 361st Street) Project.
2. Bid this project as a schedule in the 2002 Asphalt Oyerlay Project.
PROPOSED MOTION: "I moye approyal of authorizing staff to finalize the design of the I" Ayenue South Shoulder
Improyements (S 356th Street to S 361" Street) Project and to bid this project as a schedule in the 2002 Asphalt Overlay
Project."
CITY MANAGER APPROVAL:
~~.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
DATE:
January 28, 2002
TO:
Eric Faison, Chair V
Land Use and Transportation Committee
Marwan Salloum, Street Systems Manage
Dayid H. ~ Manager
1" A venue South Shoulder Improvements (S 356tb Street to S 36lst Street) - 30%
design Status Report
FROM:
VIA:
SUBJECT:
BACKGROUND:
This project reconstructs a shoulder and asphalt curb along I" Ayenue South between S 356th Street and
S 361" Street near Illahee Junior High School. The purpose of the project is to improve pedestrian safety,
(specifically school children), along this stretch of roadway.
The project was funded as a part of the 2001/2002 Budget process. A total of$150,000 was budgeted in 2002
for this project.
The project design is approximately 30% complete.
PROJECT EXPENDITURES
Planning and Design
Right of Way Acquisition
Construction
$10,000
10,000
65,000
19,500
$104,500
30% Construction Contingency
TOTAL PROJECT COSTS
FUNDING AVAILABLE
2002 Budget
$150,000
ACTION:
Due to the size and type of project and in an effort to take adyantage of efficiencies, staff is requesting that this
project be incorporated into the 2002 Asphalt Overlay Project.
RECOMMENDATION:
Staff recommends placing the following item on the February 19,2002 Council consent agenda:
I. Authorize staff to finalize the design of the 1;< A venue South Shoulder Improvements
(S 356th Street to S 361 st Street) Project
2. Bid this project as a schedule in the 2002 Asphalt Overlay Project.
MS:tm
cc:
Project File
Day File
k:\lutc\2002\ I" Avenue South Shoulder, 30%.doc
YCe)
MEETING DATE:
February 19,2002
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUB./ECT:
Skate Park Structure at Steel Lake Park ProJect, AG # 01-75
Final Acceptance and Retainage Release
CATEGORY:
BUDGET IMPACT:
~
D
D
CONSENT
RESOLLTIOl\'
CITY COUNCIL BUSIl\'ESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Parks, Recreation, Human Services & PubJjc Safety Counic1 Committee memorandum, February 11,
2002.
SUMMARY/BACKGROUND: The Skate Park Structure at Steel Lake Park Project, AG# 01-75 is complete. The
General Contractor, Sahli Contruction of Burien, Washington has completed all bid specifications of the public works
contract. Prior to release ofretamage 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
Illlal construction contract amount is 5197,405.00. This is below the construction budget 01'218,778.00 (including
contingency) that was approved by City Council on May, 15,2001.
Skate Park Budget Summary: Beginning Fund Balance:
Professional Services: Arch/Engineering Cost: $ 46,949.00
Construction Budget: $218,778.00
5265,727.00
CITY COUNCIL COMMITTEE RECOMMENDATION: At isFebruary 11,2002 meeting, the Parks, Recreation,
Human Services and Public Safety Council Committee recommended accepting the Skate Park Structure at Steel Lake
Park Project completed by Sahli Construction of Burien, Washington.
PROPOSED MOTION: "I move approval of accepting the Skate Park Structure at Steel Lake Park Project, AG#01-75,
in the amount of $197,405.00, as complete"
CITY MAl\'AGER API'ROV AL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
.REVISEÕ-'::O5J1O12ÕO1
lilY rED WRY PRRCS
ID:253-661-4150
FEE 13'02
12:41 No.001 P.01
5.!
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANI>lJM
Date:
January 24, 2002
To:
Via:
Parks, Recreation, Human Services & Public Safety Council Committee
David M~anager ~
Jon Jalnga, Park Planning and Development Manager
Skate Park Structure at Steel Lake Park Project, RFB 00 5, Final
Approval and Approval to release retalna¡:e.
From:
Subject:
Backt!:l'Ound:
The Skate Park Structure at Steel Lake Park Project. AG ffOl- 75 is completed. The general
contractor Sahli Construction ofBurien, Washington has completed all the bid specifications of
the public works contract. The project was Cl1mpleted within the budgeted amount of
$265,727_00.
Reeommendíl!!2!t¡
Recommend final approval for the Skatc Park Structure at Stee] Lake Park Project, RFB 00-135
and to release thc project retainagc for Sahli Construction ofBuricn, Washington and forward to
the February 19,2002 Council Meeting for final approval.
. ... .... .---...----------
E-J-
MEETING DATE:
February 19,2002
ITEM#
1[(f)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: SR-509 (Dash Point Road) and 8th Avenue SW Traffic Signal and Road Improyement Project - 100%
Design Approval and Authorization to Bid
CATEGORY:
BUDGET IMP ACT:
¡g¡ CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo to Land Use/Transportation Committee dated February 4,2002.
SUMMARYIBACKGRÒUND:Thlslsthèiast ¿{the projects to~beconstnictedas apart of thëï995 yotèr
approved bond issue. Currently this intersection is offset and not signalized. At peak traffic periods, access to
Dash Point Road is yery difficult contributing to traffic congestion and accidents. This project will install a
traffic signal, channelization to allow left turns, improyements to street lighting, and sidewalks at the
intersection for bus stops.
Due to delays in obtaining approyals to install a new traffic signal at the offset intersection and other design
deyiations required from the Washington State Department of Transportation (WSDOT), timing of the bond
projects, a SEP A appeal, installing a retaining wall on the west side of the road, asphalt oyerlay of SR-509 by
the WSDOT, this project has been delayed and the project cost has increased. All approyals from WSDOT and
the right of way haye been obtained. The project is therefore ready to be bid.
Public Works staff is requesting approyal to transfer funds into the project as shown below. The $339,800
"blue ribbon" unappropriated bond funds are not being used:
Project Funds
Interest
Mitigation Funds
Unappropriated Bond Interest
Unappropriated Traffic CIP
WSDOT Oyerlay Funds
$364,000
$11,962
$11,470
$355,481
$11,054
$20,000
Total Budget Ayailable
$773,967
The following table shows the estimated costs for design, right of way and construction of the new traffic signal and turn lanes:
Item Cost Estimate
ection
$195,000
$4,500
$5,000
WSDOT Reyiew
Survey for Utilities
Construction Estimate
10% Construction Contingency
Sub-Total
$20,000
$2,000
$490,000
$49,000
$~
$750
Printing Plans and specifications
TOTAL
$~
Available Budget
$773,967
CITY COUNCIL COMMITTEE RECOMMENDATION: At it's February 4,2002 meeting the Land
Useffransportation Committee made the following recommendations:
1. Approye 100% Design and Authorization to bid on SR-509 (Dash Point Road) and 8'h Avenue SW
Traffic Signal and Road Improyement Project. The costs shown are estimated and within the
available budget amount shown above.
2. Authorize transferring $355,481 of unappropriated street bond interest and $11,054 of
unappropriated Traffic C1P funds into the project.
PROPOSED MOTION: "I move approval of 100% Design and Authorization to bid on SR-509 (Dash Point Road) and
8th Avenue SW Traffic Signal and Road 1mproyement Project and authorize transferring of $355,481 of unappropriated
street bond interest and $1 1,054 of unappropriated Traffic CIP funds into this project"
CITY MANAGER APPROVAL:
.~.....
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED- 05/10/2001
DATE:
February 4, 2002
TO:
Eric Faison, Chair
Land Use / Transportation Committee
\1^
FROM:
Ken Miller, Deputy Public Works Director
David H. ~anager
SR 509 (Dash Pont Road) and 8'h Avenue SW Traffic Signal and Road Improvement
Project - 100 % Design Approval and Authorization to Bid
VIA:
SUBJECT:
BACKGROUND
This is the last of the projects to be constructed as a part of the 1995 voter approved bond issue. Currently this intersection is
offset and not signalized. At peak traffic periods, access to Dash Point Road is very difficult, contributing to traffic
congestion and accidents. This project will install a traffic signal, channelization to allow left turns, improvements to street
lighting, and sidewalks at the intersection for bus stops.
Due to delays in obtaining approvals to install a new traffic signal at the offset intersection and other design deviations
required from the Washington State Department of Transportation (WSDOT), timing of the bond projects, a SEP A appeal,
installing a retaining wall on the west side of the road, asphalt overlay of SR 509 by the WSDOT, this project has been
delayed and the project cost has increased. All approvals from WSDOT and for the right of way have been obtained. The
project is therefore ready to be bid.
Public Works staff is requesting approval to transfer funds into the project as shown below. The $339,800 "blue ribbon"
unappropriated bond funds are not being used.
Project Funds
Interest
Mitigation Funds
Unappropriated Bond Interest
Unappropriated Traffic CIP
WSDOT Overlay Funds
$364,000
11,962
11,470
355,481
11,054
20,000
$773,967
Total Budget Available
The following table shows the estimated costs for design, right of way and construction of the new traffic signal and turn
lanes:
I
Item Cost Estimate
Design
Right-of-Way/Easements
Construction Management/Inspection
WSDOT Review
Survey for Utilities
Construction Estimate
10% Construction Contingency
Sub-Total
$195,000
4,500
5,000
20,000
2,000
490,000
49.000
$~
Printing Plans and specifications
750
TOTAL
Available Budget
$~
$~
RECOMMENDATION
Staffreconunends placing the following items on the February 19, 2002 Council Consent Agenda:
1.
Approve 100% Design and Authorization to bid on SR 509 (Dash Point Road) and 8" Avenue SW Traffic
Signal and Road Improvement Project. The costs shown are estimated and within the proposed available
bndget amount shown above.
2. Authorize transferring $355,481 of unappropriated street bond interest and $11,054 of unappropriated Traffic
CIP funds into this project.
KM:dl
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Project File
Day File
k,"u<o'" 509 om! 8"' moue ""ffi, "...'ond rood hnpro",=nt proj"rdoo
MEETING DATE:
February 19,2002
ITEM#
1[(~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Release
SeaTac Mall Detention, Phase II Stonn Drainage Improvements Final Acceptance and Retainage
CATEGORY:
BUDGET IMPACT:
t8J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditnre Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo to Land Use/Transportation Committee dated February 4,2002 accompanied by
correspondence to Ms Kathryn Ford, Office of the Attorney General and Mr. Dayid R. Trachtenberg, American Safety
Casualty Insurance Company, dated January 15,2002.
SUMMARYIBACKGROUND: The SeaTac Mall Drainage project was completed in January 2001, but the contractor
Katspan began to haye financial difficulties at this time. The majority of the contractors' staff left and there were
numerous liens and lawsuits filed against them. Shortly after this, the City was infonned by the bonding company
(American Safety Casualty) that they had been assigned this project by the contractor and would be completing any
remaining contract items. As a part of the contract, "as-built" drawings were required of the drainage system and the
bonding company paid to haye this work perfonned by the surveyor Baseline Incorporated.
When staff reviewed the "as-builts" they identified some pipe runs with a small adverse grade. The City's consultant
perfonned a hydraulic analysis on the stonn drainage system installed by Katspan and confinned it would perfonn per the
hydraulic design criteria. No adjustments within the trunk system were needed to meet the criterion. The small adverse
grades could cause some sediment accumulation that may require periodic yactor cleaning at the low points.
Katspan completed all construction work; howeyer, the bonding company completed the final "paper work" items and has
been assigned all monies by the contractor. There are numerous lawsuits and liens against the project including one from
the Washington State Department of Revenue. Therefore, the City will be interpleading the final payment and the
retainage amount into King County Superior Court (January 15, 2002 letter to Attorney General and Katspans' Bonding
Company).
In June of 1999 a Public Works Trust Fund Loan in the amount of $2,750,000 was approyed based upon the original
project estimate. Bids were then receiyed that were lower than the original engineer's estimate and the construction of the
project was completed for $140,950 below the contact amount. The Public Works Trust Fund Loan was for $2,750,000,
but we could not exceed 70% of the total project costs to maintain a I % interest rate. Draw downs on the loan were 15%
and 75% per the loan agreement for a total of $2,475,000. This amount exceeded the maximum amount of the allowable
loan of $1,927,538.38 (70% maximum of the project costs). Therefore, we are required to return $547,461.62 to the
Public Works Trust Fund.
Prior to release of retainage on any Public Works project, the City Council must accept the work as complete to meet
State Department of Reyenue and Department of Labor and Industries requirements. The final cost for the construction of
the SeaTac Mall Detention Phase II Stonn Drain Improyements is $2,328,102.96. This cost is $387,855.34 below the
approyed construction contract budget of $2,715,958.30 (includes contingency). The City Attorney will interplead the
final payment and retainage into the King County Superior Court. Staff is also recommending returning $547,461.62 to
the Public Works Trust Fund in order to maintain the 70% match for the 1% interest rate on the loan in accordance with
the June 1999 loan agreement.
DATE:
February 4, 2002
TO:
Eric Faison, Chair
Land Use I Transportation Committee
\Lr
FROM:
Ken Miller, Deputy Public Works Director
David H. M~nager
SeaTac Mall Detention, Phase II Storm Drainage Improvements Final Acceptance and Retainage
Release
VIA:
SUBJECT:
BACKGROUND
The SeaTac Mall Drainage project was completed in January 2001, but the contractor Katspan began to have financial
difficulties at this time. The majority of the contractors' staff left and there were numerous liens and lawsuits filed against
them. Shortly after this, the City was infonned by the bonding company (American Safety Casualty) that they had been
assigned this project by the contractor and would be completing any remaining contract items. As a part of the contract, "as-
built" drawings were required of the drainage system and the bonding company paid to have this work perfonned by the
surveyor Baseline Incorporated.
When staff reviewed the "as-builts" they identified some pipe runs with a small adverse grade. The City's consultant
perfonned a hydraulic analysis on the stonn drainage system installed by Katspan and confinned it would perfonn per the
hydraulic design criteria. No adjustments within the trunk system were needed to meet the criterion. The small adverse
grades could cause some sediment accumulation that may require periodic vactor cleaning at the low points.
Katspan completed all construction work; however, the bonding company completed the final "paper work" items and has
been assigned all monies by the contractor. There are numerous lawsuits and liens against the project including one ttom the
Washington State Department of Revenue. Therefore, the City will be interpleading the [mal payment and the retainage
amount into King County Superior Court (January 15, 2002 letter to Attorney General and Katspans' Bonding Company).
In June of 1999 a Public Works Trust Fund Loan in the amount of$2,750,000 was approved based upon the original project
estimate. Bids were then received that were lower than the original engineer's estimate and the construction of the project
was completed for $140,950 below the contact amount. The Public Works Trust Fund Loan was for $2,750,000, but we
could not exceed 70% of the total project costs to maintain a 1 % interest rate. Draw downs on the loan were 15% and 75%
per the loan agreement for a total of $2,475,000. This amount exceeded the maximum amount of the allowable loan of
$1,927,538.38 (70% maximum of the project costs). Therefore, we are required to return $547,461.62 to the Public Works
Trust Fund.
ACTION
Prior to release of retainage on any Public Works project, the City Council must accept the work as complete to meet State
Department of Revenue nnd Department of Labor and Industries requirements. The final cost for the construction of the
SeaTac Mall Detention Phase II Stonn Drain Improvements is $2,328, I 02.96. This cost is $387,855.34 below the approved
construction contract budget of$2,715,958.30 (includes contingency). The City Attorney will interplead the final payment
and retainage into the King County Superior Court.
Staffis also recommending returning $547,461.62 to the Public Works Trust Fund in order to maintain the 70% match for
the 1% interest rate on the loan in accordance with the June 1999 loan agreement.
RECOMMENDATION
Staff is requesting the Land Use / Transportation Committee place the following recommendations on the February 19, 2002
Council Consent Agenda:
1. Acceptance of the SeaTac Mall Phase II Drainage Improvement Project construction contract as complete and
authorize the City Attorney to interplead the final payment and retainage into the King County Superior Court per
the January 15, 2002 letter attached.
2. Authorize staff to return $547,461.62 to the Public Works Trust Fund.
KM:dl
Pmject File
Day File
k:~utcl2002Isea tac mall delonrian, phase li final acceptance ami retainage rel",e.doc
(253) 661-4000
Federal Way, WA 98063-9718
(253) 661-4034
January 15, 2002
State of Washington
Office of Attorney General
ATTN; Kathryn Ford
900 Fourth Avenue, Suite 2860
Seattle, Washington 98164
American Safety Casualty Insurance Company
c/o David R. Trachtenberg
Groff & Murphy, PLLC
1191 Second Avenue, Suite 1900
Seattle, Washington 98101
Re:
Department of Revenue v. Katspan
Superior Court Cause No. 01-2-23133-2KNT
Groff & Murphy File No. 10733-02
Our File No. 200l-l56H
Dear Ms- Ford and Mr. Trachtenberg:
Enclosed you will find a document entitled Progress Pay Estimate with regard to the estimated
final payment of$98,146.53 by the City to Katspan- Please note that if the estimated final
payment is correct, $114,217.54 will be the amount of retain age.
Asyou are aware the following lawsuits against the retainage haye been filed;
a-
February 2,2001, Northwest Grating Products Inc- - $21,159.00 plus $60.00 fee.
Lawsuit filed June 15,2001 Cause No- 01-2-17158-5 SEA;
March 19,2001, Slead Construction, Inc- - $48,037_00 plus interest and attorney's
fees. Lawsuit filed July 10, 2001 Cause No. 01-2-18121-1 KNT;
b-
State of Washington
AInerican Safety Casualty Insurance Company
January 15, 2002 -
Page 2
c.
April 6, 2001, Kodo Construction, Inc. - $80,368.34 plus interest at legal rate and
attorney's fees. Lawsuit filed June 14,2001 Cause No. 01-2-16127-0 SEA; and
April 10, 2001, Eyerson's Econo Vac, Inc. - $5,693.15 (which includes fees in the
amount of$275.00 and $50.00) plus 12% interest. Lawsuit filed September 21,
2001 Cause No. 01-2-26298-KNT-
d-
The following claims have also been filed against the retainage:
a-
December 29,2000, John Weatherly - $9,492.50 plus 18% interest; amended to
reference correct bond number on January 24,2001;
January 17, 2001, New Structures LLC - $127,654.00 plus interest at the legal
rate and attorney's fees, re-filed May 14, 2001 for $87,654.00;
January 19, 2001, Stan Palmer Construction - $8,420.04; revised February 16,
2001 - $6,058.75;
January 26,2001, V-So Campbell Construction Incorporated - $45,317.38 plus
interest at the legal rate and attorney's fees;
February 12, 2001, Woodworth and Co., Inc. - $120,009.50, revised May 14,
2001 - $125,995.99;
February 21,2001, Best Parking Lot Cleaning - $1,900.00;
March 6, 2001, Smith Tractor and Equipment Company - $9,786.69 plus interest
at the legal rate and attorney's fees;
March 14,2001, Holst Enterprises Inc- - $3,195.50 plus $50.00 fee, SIC's and
attorney's fees; .
March 26, 2001, S and J Trucking, Concrete and Excayating, Inc- - $33,720.50
plus 18% interest;
April 9, 2001, Totem Electric CornpanyofTacoma, Inc. - $13,065.19 plus
interest, costs and attorney fees;
April 24, 2001, Scidelhuber Iron & Bronze Works Inc. - $42,836.00;
April 27, 2001, Gene Yakovich, Jr. Trucking and Excavation - $300.00 principal
plus $150.00 attorney's fee, plus 12% interest from and after February 14, 2001;
May 10, 2001, Totem Electric of Tacoma $13,065.19, plus attorneýs fees,
interest, costs and expenses;
May 25, 2001, Quality Fence Builders, Inc. $20,364.00;
Julie 20, 2001, Emerald Turfgrass Farms $2,71 7.40 plus interest, fees and court
costs.
June 20, 2001, R.W. Scott Construction, Inc. $10,745.41.
June 27,2001, U-S. Filter Distribution Group $796_34.
July 5,2001, Randales Sand & Gravel $1094.46.
July II, 2001, South Central Concrete, Inc. $1,142.00.
b.
c.
d.
e.
f-
g.
h.
i.
j.
k.
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lli.
n.
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p.
q.
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State of Washington
AInerican Safety Casualty Insurance Company
January 15, 2002 -
Page 3
It is my understanding that the Department of Revenue and AInerican Safety Casualty dispute
entitlement to the final payment Accordingly, when Council accepts the project as final, the
City intends to interplead both the final payment and the retainage amount into King County
Superior Court.
Sincerely,
r~4~
Patricia A. Richardson
Deputy City Attorney
Enclosure
PAR:cms
cc:
Ken Millèr
Risk Management
MEETING DATE:
February 19,2002
ITEM#
Y(h")
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 Planning Commission Work Program
CATEGORY:
BUDGET IMPACT:
¡g¡ CONSENT
0 RESOLUTION
D CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memorandum to LUTC dated 1/23/01 with attached staff recommended prioritization chart
SUMMARY /BACKGROUND: The LUTC reviewed the Planning Commission and major work items for Community
Development Department on Janaury 28, 2002 and asked that staff prepare a recommended order for prioritization. On
February 4, LUTC reyiewed and approyed the staff recommendation with the understanding that staff may come back at a
later time with code amendments that are a result of the permit process improvement reyiew.
CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend to the full Council adoption of the 2002
Planning Commission Work Program as prioritized by staff with the understanding that the work program may be
modified as needed to accomodate improyements to the permit process. .
PROPOSED MOTION: Approve adoption of the 2002 Planning Commission Work Program as prioritized by staff and
the LUTC with the understanding that the work program may be modified as needed to accomodate improyements to the
permit process.
CITY MANAGER APPROVAL:
~,
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLEDIDEFERREDINO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
To:
FROM:
VIA:
DATE:
SUBJECT:
MEMORANDUM
Eric Faison, Chair
Land Userrransportation Committee (LUTC)
Kathy McClung, Community Development Services Director
Margaret H. Clark, AICP, Senior Planner ~
Dayid MÒ~ager
January 23, 2002
øv
2002 Planning Commission and Long Range Planning Work Program
I.
BACKGROUND
This memorandum includes the following:'
1.
Status of the 2001 Planning Commission Work Program as approved by the City Council on
December 19,2000. The status of work perfonned to date on each item and whether that work
should be carried over into 2002 are shown.
Status of other work to be completed by City staff but not required to be presented to the
Planning Commission. However, this work will be incorporated into code amendments or
comprehensiye plan amendments, which are presented to the Planning Commission.
On-going long range planning responsibility required by state law-
Potential new work items for the 2002 Planning Commission Work Program.
A request for recommendation on the 2002 Planning Commission Work Program
2.
3.
4.
5.
II. STATUS OF 2001 PLANNING COMMISSION WORK PROGRAM
Description Status Potential Carry-Over Required By State
Items Law
2001 Comprehensive Approved by Council. Yes. Staff is preparing RCW 36.70A. 130(1)
Plan Update development agreements requires the
on two of the site-specific comprehensiye plan to
requests (Christian Faith be updated annually.
Center and Kitts Corner)
not acted upon by the
Council.
J In order to assist the LUTC in its recommendation, a column has been included to explain whether state law Ot other authority
mandates the work item.
Description Status Potential Carry-Over Required By State
Items Law
Mega Church Code Denied by Council. No. No.
Amendments
Amendments to FWCC, Approved by Council. No. No.
Chapter 22 relating to
nonconfonning structures
and signs created by
government acquisition
of property for right-of-
way expansIOn
Wellhead Protection - The City has received the Yes WAC 173-100-120
Amendments to FWCC August 2001 Lakehaven requires local
Chaptet 22, Article XIV Utility District study. We governments to adopt or
will be utilizing this study amend regulations to
to develop regulations to implement Wellhead
implement wellhead Protection Progtams
protection policies pursuant required by the Federal
to the Countywide Planning Safe Drinking Water
Policies and the Federal Act.
Way Comprehensive Plan.
Planned Action SEPA This is a two-part study Yes. The final draft of the No.
consisting of a Market Market Study has been
Study to detennine the completed. Depending on
feasibility of conducting a the results of the study, a
Planned Action SEPA for Planned Action SEPA may
the City Center Core and be conducted in 2002.
Frame and the SEPA
analysis itself.
Twenty Five Percent This will be presented for No, unless the Council No.
Threshold for Right-of- flfst reading by the City requests additional
Way Improvements Council on February 5, infonnation or changes to
2002 this item.
Group Homes Type I The consultants have Yes. No. However, the
prepared a draft report. Council has requested
that staff review
whether amendments
are appropriate in light
of the discussion of the
Twin Lakes Oxford
House.
Phase II Potential A draft inventory report for Yes. Anticipated to be RCW 36.70A.130(3)
Annexation Study the sub-area plan and a completed in November requires jurisdictions to
preliminary cost and 2002. review their urban
revenue data report for the growth areas, including
annexation feasibility study densities and make
have been prepared. changes, if needed, at
least every 10 years.
Amendment relating to Staff will present a report to Yes, depending on Na.
large retail the LUTC on Feb 4,2001. direction ITom LUTC.
2002 Planning Commission and
Long Range Planning Work Progtam
Page 2
Description Status Potential Carry-Over Required By State
Items Law
establishments in City
Center Core and Frame
Miscellaneous Code The following were Yes. These are on-going No.
Amendments approved by Council: housekeeping-related
items that are identified
New defmition of throughout the calendar by
Gymnasium; allowing staff.
increased heights for
schools; allowing schools
in the OP Zone; and
clarifying defmitions for
Schools.
Height & landscaping
requirements for public
parks & recreational
facilities, schools, golf
courses, and golf driving
ranges.
Code interpretations and
Process I Appeals;
clarifications to provisions
relating to land use
application notices; siting
emergency preparedness
containers on primary and
secondary school sites;
senior housing; and
Personal Wireless Service
Facilities (PWSF)
Residential Non- A briefmg paper was Yes. No.
confonnances presented to the planning
commission. Staff is in
process of preparing a
SEPA detennination.
2002 Planning Commission and
Long Range Planning Work Program
Page 3
III. OTHER CODE AMENDMENTS NOT REQUIRED TO BE PRESENTED TO THE PLANNING COMMISSION
Description Statns Potential Carry-Over Required By State
Items Law
Endangered Species Act This study is Yes. The results of this study Required by U.S.
(ESA)/NPDES Gap Analysis, anticipated to be will be incorporated into Department of Fish and
Stonnwater Capital completed Chapter 9 - Natural Wildlife 4(0) Rule, and
Improvement Project Review, January 31, 2002. Environment of the 2002 potentially by RCW
and Stream Inventory Comprehensive Plan Update. 36.70A.I72 for protection
Assessment of critical areas.
Traffic Impact Fee and This study is Yes. The results of this study No.
Concurrency Management anticipated to be will be incorporated into
System completed March Chapter 3 -Transportation of
31, 2002. the 2002 Comprehensive
Plan Update.
IV.
OTHER LONG RANGE PLANNING RESPONSIBILITIES
Description Status Reqnired By State Law
ANNUAL REpORTS
Office of Financial Management This is an annual teport provided to the State RCW 43.62.030 requires
Yearly Population Estimate Office of Financial Management [OFM] OFM to annually detennine
Report the population of all cities
and towns of the State of
Washington as of April I".
King County Benchmark and This is an annual data request made of all RCW 36.70A.130 required
Annual Growth Infonnation cities by King County to fulfill requirements Countywide Planning
Report of the Growth Management Act [GMA] Policies (CPP's) to be
adopted by King County by
July I, 1992. The CPP's set
up the Benclunark Program
to assess progress in
meeting the CPP's.
Track and Inventory Buildable Under the Buildable Lands Program, six RCW 36.70A.215 requires
Lands counties, including King County, must evaluation of data collected
annually collect data on land capacity and under the "Buildable Lands
development activity from their cities and Program".
unincorporated areas
2002 Planning Commission and
Long Range Planning Work Program
Page 4
V.
POTENTIAL NEW WORK ITEMS FOR THE 2002 PLANNING COMMISSION WORK PROGRAM
Description Required By State Law
2002 Comprehensive Plan Update (Five-Year Update)' RCW 36.70A.130 requires that cities complete its
five-year update no later that September 1,2002.
2002 Development Regulations Update' RCW 36.70A.130 requires that cities consider
amendments to their development regulations !fom
interested parties on at least an annual basis.
Amend FWCC Chapter 22, Division 6 relating to RCW 36.70A.450 prohibits cities !fom imposing
requirements for allowing Home Occupations and special requirements, which would prevent family
clarifYing the definition and intent of a home day-care facilities !fom locating in residential areas.
occupation.
Amend FWCC Chapter 22 to add a process for RCW 36.70B.200 authorizes a city to approve a
Development Agreements and make related changes to development agreement only after a public hearing.
consolidate public hearings. The City of Federal Way has not yet adopted a fonnal
process for reviewing development agreements.'
Amend FWCC Chapter 22, Article XV to allow more No. This code amendment is being proposed to
flexibility for shared parking and other parking-related encourage economic development in the downtown.
incentives in the City Center Core and Frame.
Amend FWCC, Division 8 relating to setbacks in the No.
City Center Core and Frame.
Amend FWCC, Division 8 to prohibit vehicle service No.
stations (gas stations) in the City Center..Frame.
Amend FWCC, Section 22-1093 to address types of No.
land surface modifications pennitted outright.
VI. REQUEST FOR RECOMMENDA nON
Based on past experience, planning staff's time is expected to be spent on the annual comprehensive
plan update process, working with the consultant on code amendments, and completing those long
range tasks required by state law (please refer to Annual Reports in Section IV of this
memorandum).
'The site-specific requests and othet ptOposed text changes will be presented to the LUTC in February 2002 as part ofthe
Amend FWCC, Division 8 Comprehensive Plan Selection Process.
'PtOposed amendments to the development regulations will be presented to the LUTC in February 2002 as part of the annual
Selection PtOcess.
'This ptOposed code amendment was presented to the LUTC on January 7, 2002, and will be consideted by the City Council on
February 5, 2002.
2002 Planning Commission and
Long Range Planning Work PtOgram
Page 5
Staff is requesting the LUTC to choose from the following options:
1.
Recommend adoption to the City Council of the 2002 Planning Commission Work
program as presented in Sections II (Carry-oyer Items) and Section V (Potential New
Work Items)-
2. Recommend adoption to the City Council of the 2002 Planning Commission Work
program as modified this evening.
ApPROVAL OF COMMITTEE ACTION:
Eric Faison
1:\2002 Planning Commissinn Work ProgramlO12802 Planning Commission Work Program to LUTC.doclO112312002 1:31 PM
2002 Planning Commission and
Long Range Planning Work Program
Page 6
PLANNING COMMISSION WORK PROGRAM
Project
1) Comp Plan Update (Clark)
a) TIF (Consultants, PW)
b) ESA (Consultants, PW)
c) Wellhead Protection (Consultants)
2) Development Agreement Process (Clark)
3) Potential Annexation Study
4) Group Homes Dispersion (Planner)
5) Residential Nonconformances (Fewins)
6) Grading (Consultant)
7) Large Retail in Core & Frame
8) Miscellaneous Code Amendments
a) Day Care
b) Home Occupations
(Consultants)
Winter
Summer
Fall
Spring
Projects Not Assigned:
Group Homes Type I
Parking issues in the City Center Core and Frame
Setbacks in the City Center Core and Frame
Prohibit service stations in the City Center Frame
Also on CD work program, not required to gO to PC
Permit Process Reyiew
Development Agreements
Downtown Planned Action SEP A
Tax Exemptiòn Ordinance
Reports-OFM, Benchmark, Buildable Lands
Sound Transit
Regional Housing Target Issue
MEETING DATE:
February 19,2002
ITEM# -YO)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
MUNICIPAL COURT / POLICE DEPARTMENT FACILITIES (BUILDING LEASE)
CATEGORY:
BUDGET IMPACT:
X CONSENT
D RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
D PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: A copy of the Agenda Item for the Parks, Recreation, Human Services and Public Safety Council
Committee meeting 2/11/02, and a copy of the First Amendment to Commercial Lease.
SUMMARY/BACKGROUND: The City entered into a lease agreement with Inter Co-Op USA No. III on
December 16, 1998 for leasing the existing police facilities on 9th A Yenue. The parties amended the lease on
August 18, 1999, to (I) and extend the lease for the police facilities, and (2) include the Municipal Court. The
lease amendment will expire on 06/03/2002 unless the City exercises the option to extend the lease. The First
Amendment proYides two options to extend the lease. The first option would extend the lease until 6/30/03.
The second option would extend the lease until 6/30/04. The monthly rent would remain at $21,012.00.
The City must giye written notice of its intent to exercise an option by February 28, 2002.
CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the City Manager to notifY Inter Co-Op USA
No. III, the landlord, before February 28,2002, ofthe City's intent to exercise both options to extend the lease
for the Municipal Court / Police Department Facilities on 9th Ayenue until June 30, 2004.
PROPOSED MOTION: "I move approyal of the Parks, Recreation, Human Services and Public Safety Council
Committee's recommendation."
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDillEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISEO - 05/10/2001
K:\
lilY FED WRY PRRCS
ID:253-661-4150
FEE 13'02
12:44 No.002 P.01
5.B
CI1'Y OFFlmERAL WAY
CITY COUNCIL PARKSIJlliCREATION/HUM!\N SERVICES/
PUBLIC SAFETY COMMITTEE
February]], 2002 Meeting
Date:
February 1,2002
Bob Sterbank, City Attorney ~~ RtJ
From:
Via:
David H.
aDager
Subject:
Backl!rou.!!!!:
The City entered into a lease agreement with Inter Co-Op USA No. III on December 16, 1998 for
leasing the existing police facilities on 9111 Avenue. The parties amended the lease on August 18,
1999, to (1) and extend the lease for the police facilities, and (2) include the Municipal Court, The
lease amendment will expire on 06/0312002 unle~s the City excrcises the option to extend the lease.
The City must give written notice of its intent to exercise an option by February 28,2002. The City
has two options to extend the lease: option 1 is for the term 07/01102- 06/30/03, and option 2 is for
07/01/03 - 06/30/04. The monthly rental fee for both options is fixcd, and is the same rental amount
the City CUTTentlypays: $21,012.00
Meanwhile, City staff are in the process of preparing a work program, including community
outreach, to assist the Council in reaching a decision conceming future construction of a combined
City Hall/ Municipal Court facility. Although the work program has not yet been prepared, it is
unlikely that it will be able to be completed, and a new lacility construetcd, by the end of the second
option period (June 30, 2004). Staffrecommends thaI Council authorize the City Mana.ger to notify
Inter Co-Op USA No. III ofits intent to cxercise bolh oplions, thus extending the lease 10 June 2004.
Committee Recommendation:
I. Recommend that the City e)¡ercise the firsl option, which extends the lease to June 30, 2003 and
foIWard 10 full Council for consideration allhe February 19, 2002 Council meeting; or
QRecomrnend that the City e)¡ercise both options, which extends the lease to June 30, 2004, and
folWard to full Council for consideration at thc February 19, 2002 Council meeting.
~:;
KMGNl>rJ'F,MIPRlIsPsroMMITTIi1¡\o21102
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FIRST AMENDMENT
TO
COMMERCIAL LEASE
This First Amendment ("Amendment") is dated effective this 18th day of August, 1999 and is entered
into by and between INTER Co-op USA NO. III ("landlord") and the CITY OF FEDERAL WAY, a Washington
municipal corporation ("Tenant'). .J-
2.
3.
A.
The landlord and the Tenant entered into a Commercial lease dated effective December 16,
1998 ("lease") whereby landlord agreed to lease to Tenant a portion of the,property known
as Ninth Avenue Center legally described on the attached Exhibit 'A", and as shown by the
words "Federal Way Police" on the attached Exhibit "B" ("Map of Premises") ("Premises");
B.
The parties desire to amend the lease to extend the Initial Term of the lease and to provide
for two lease extension periods, and proYide for a rental increase.
NOW, THEREFORE, the parties agree to the following terms and conditions:
1.
TERM. Section 3 of the lease shall be amended to provide that the Initial Term of the lease
shall be extended approximately 6-1/2 months, with said Initial Term End Date amended to
June 30,2002. Section 3 of the lease shall furthet be amended to provide that Tenant shall
have two (2) separate extension options. Tenant may, at its sole discretion, extend the term
of the lease for one (1) or two (2) additional terms of one m.year each, which extension terms
are as follows:
First Extension Option:
Second Extension Option:
on01nO02-0W3~2003
On01nO03-0W3~2004
Provided that Tenant is not in default of the lease, Tenant may exercise any of its options
hereunder by providing landlord with written notice of its election to exercise said option not
less than one hundred twenty (120) days prior to the end of the Initial lease Term (as herein
amended), or the end of the first option term, if this lease is so extended. If Tenant has not
provided Landlord with such written notice; then the lease shall terminate at the expiration
of the Initial Term or the end of the first or second option term.
It is further agreed that Ridet fl2B of the lease, Cancellation Provision shall be deleted in its
entirety.
RENT. . Section 7 of the lease shall be amended to provide that effective December 16, 2001,
and for any subsequent extension options exercised, the Rent shall be $21,012.00 per month,
including NNN.
FUll FORCE AND EFFECT. All other terms and conditions of the lease not modified by this
Amendment shall remain in full force and effect-
Morris Piha Management Group, Inc.
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IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written-
LANDLORD:
TENANT:
CITY OF FEDERAL WAY
Its:
General Partner
B~
Kenneth E. N
Its: City Manager .J-
By:
, APPROVED AS TO FORM:
~lty::orneY .
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08120/99
STATE OF WASHINGTON
J
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PARTNERSHIP ACKNOWLEDGMENT
COUNTY OF KING
On this day personally appeared before me mOl' -( IS 'PI h~ , to me known to
be the individual who executed the within and foregoing instrument as duly appointed
~e..r....1 'P" Af"+'-".L/ for INTER Co-op USA NO. III, and acknowledges that he/she
signed the same as hislher free and voluntaty act and deed and on oath stating that hislher powers authorizing
the execution of this instrument have not been revoked-
GIVEN under my hand and official seal the .3 ,..,1 day of ~ W
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PRINTED NAME OF NOTARY
Notaty Public in and for theJ¡ate of Washington.
My Commission Expires: - /'i-.)..OOo
Morris Piha Management Group, Inc.
Initial~~
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STATE OF WASHINGTON
)
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COUNTY OF KING
On this day personally appeared before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, Kenneth E. Nyberg l"f'hi i iJ (;). Keightlt) (aa5s awt 8f1e ,to me
known to be the City Manager I Qef3~!) Cil) M8Rag81 (cm33 Mt o"c of the City of Federal Way, a Washington
municipal corporation, the corporation that executed the foregoing instrument, and ~nowledged the said
instrument to be the free and voluntary act and deed.of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
GIVEN under my hand and official seal thiS~ day of ~è'¡f'¡~her :191'1.
~~)
EILEEN ROBINSON NOTARY SIGNATURE
STATE OF WASHINGTON 6,'Jt!:.ef.1.'Rob;f.1.SD~
NOTARY-'-PUBLIC PRINTED NAME OF NOTARY
IIY COIIIIISSIOll EXPIRES 1-29-02
Notary Public in and for the State of Washington
My commission expires: I-;¿ Cf-O.L
Morris Piha Management Group; Inc.
Initia~
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EXHIBIT A
LEGAL DESCRIPTION
PARCEl
"9th Avenue Center"
Lot 11 of West Campus Business Park, as per Plat recorded in Volume 9'lJt,f Plats, pages
78 through 82. Records of King County: .
Together with an easement for community driveway purposes over the North 18 Feet of
Lot 10 in said Plat:
Situate in the County of King, State of Washington
Morris Piha Management Group, Inc.
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- ' . .JUl 23 '99 14:59 TO-912536614189-;:2.00 FROH-HORRrS PIHA HAHAGEHENT
. , NINTH .YENUf: GI:N II:K
34004 . 34016 9th Avenue South
r
1-776 P.O2l02 F-723
Lokesld. Milam
. 3,894 SF
0I10n Lobs
2,06'1 SF
Bldg. A
FoQc",1 W.y
Pane.
4.521 SF
,¡
Bldg. B
Foder8I Way Police
12,525 SF
Bldg. C
FedenoJ Way Pofico
4,070 SF
Fed8lal WIr( UPC& Unlcar.
Police 13,991 SF
1,795 SF
-
Bldg.D
Oarllng
Conl!tucl!on
T12SF
Newtox Gymn..UÕs Bal/fown Boxing Sign Tech
InduotJ1.. UnRmtted 4,961 SF EJoctt1c
3,175 SF 6,622 SF 3.292 SF
---
~
. All Square Footage
Figures Are ApproJdmate
EXHIBrr "B" - HAP OF PREMISES
-5-
~C
Init:ia1 ~..P
.......
fir; ~q8-;;;<'Id-
COMMERCIAL LEASE
THIS COMMERCIAL LEASE, dated December 16,1998, is made between INTI'R CO-OP USA NO. III rLandlord")
CITY OF FEDERAL WAY I"Tenant"). (This agreement is hereinafter referred to as the "lease").
IT IS AGREED:
1.
BASIC PROVISIONS AND DEFINITIONS
The following terms, whenever used in this lease, with the first letter 01 each word capitalized, will have the meanings set
IMh in this Sedion, and only such meanIngs, unless expressly contradicted, limited or expaJ'lded in this lease: .;-
1.1
fwniw:
The leased portion 01 the property as shown andlor
legally described on attached Exhibits A 'legal
Description' and Exhibit B 'Map 01 Premises.'
1.2
Buildin. Name and Add,.",
Ninlh Avenue Cenler Building
3400B Ninth Avenue South
Federal Way, WA 98003
1.3
Tenant', Souare Foo'a.e &
PronÒrUonale Sharp:
Tenanl's Square Footage is approximately 22,91',
consisting 01 all 01 Building 'B' equal to 12,525 square feet
and 5,8&5 square leet 01 Buiiding 'C", and 4,521 square
reet 01 Building 'N.
1.4
Date ot Fx..."Uon:
The date above written, which is the dale or lull
execution hereof.
1.5
Commen"men' Date (Section 4\:
December 16,1998
1.&
Initial Term ISertinn 3\:
Three 13) years
1.7
InlUal Term Fnd Date (Section 3\:
Oecember 15, 2001
1.8
Renllor Initial T..m:
íS«1úm.Z!:
$ 19,408.79:' 12/1619B - 12/15/00 IFirst two years!
$ 19,637.90:"" 12115100 - 121151O11Third yeart
'This $19,40B.78 Root is calculated as follows:
Building 'A': 4,521 sl.4J.75 $ 3,390.75
Building 'B': 12,525 sl-41.BO $10,020.00
Building'C': 5,865s1-41.30 $ 1,759.50
NNN"_185J5F ~
$19,408.79
.'This $19,637.90 Rool is calculated as follows:
NNN-$.195J5F $4,467.65
In the event the T enanl obtains tax exempt status Irom
King County, landlord agrees that the NNN charges lor
the Initial Term and Extended Term will be reduced by
the amount 01 the real estate taxes included in such NNN
charges.
1.9
~:
Monthly, in advance on the first calendar day 01 each
month.
1.10
Deoosi" ISertion 8\:
Renl Deposil $ 16,852.60 (December, 1998!
Security Deposit S 0.00
Mo"i. Plha Mana.ement Group, Int.
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1.11
Landlord's Notiee and PaYment Add....IS....ion 24 15),
NOTICE:
PAYMENT:
do Morris Pilta Management Group, Inc.
3650.131" Avenue SE, Suile 205
Bellevue, WA 98006-1334
Telephone (4251 643-8400
do Morris Pilta Managemenl Group, Inc.
3650 -131sl AvenueSE, Suile 205
Bellevue, WA 98006-1334
Telephone (425) 643-8400
1.12
Tenant', Blinn. and Noti... Addre.. (Section 24 15),
City of federal Way
33530 firsl Way South
federal Way, WA 9B003
Telephone (253) 661-4000
1.13
Guarantnr Addre.. lSertion 24 18),
N/A
1.14
Tenanl', Trade Name fif aovl,
City 01 federal Way ponce
1.15
State of Inromora"on of Tenaoh
fif comoratinnl
Washioglon
1.16
Permitted II,.. under lea...IS""ion 51,
Police S!alion, or other City pUI )OSeS
1.17
Riden.& Exhibit, 10 Ihe Ie...,
lSection 24 201
Riders: 128 Canceltalion Provision
Exhibits lenered: A, Band C
2.
f.REM1ill
Landlonl hereby leases 10 Tenanland Tenaol hereby leases from landlorr!, upon the lerms and conditions sel forth in this
lease, the Premises as legally described on attached Exhibil A and ideolified on the floor plan at!ached as Exhibit B. The
Premises area part of Ihe building which is situaled at the Building Address as selout in Seaion 1.2.
3.
IfRM
Tenaolleases from Landlord the Premises for a lease lerm which includes the Initiallerm of this lease n"ed io Section 1.6
[ao d 1"- [."..3"d 1<....0 li.l<d :.. S,èl:.... I.B (tk 'l_-- 'f<...,,'ij. The loilial Term will begio on the Commencement dale
and end" midnighl on the loilial Term End Date unless sooner lerminated as provided elsewhere io this lease.
4.
POSSESSION
4.1 Passession. Excepl as provided elsewhere io this lease, Tenaot will be entitled to possession of the Premises on
Ihe Commencement Dale.
4.2 Delay of Possession. If Laodlord, for >oy reason, caoool del~ possession of the Premises to Tenaol upon the
Commeocemeol Date, this lease shall oat be void 0( voidable, 00( shall Landlord be liable 10 Tenaol for >oy loss or damage
resulling from the delay, but there shall be a renl abalemenl covering the period between the Commencemenl Date and the
lime the Landlorr! denv." possession 10 lenao~ and all of the terms and condilions of this lease shall remoio in full force
and effect. If Landlord does 001 deliver possession of the Premises 10 Tenaol QQ ,.illl;.. -,< I.....d"d l..e.,I, (1281 d.,o
otter the Commeocemeol Dale (the 'OeIive<y period1, Tenaol may, at its q¡Iion, cancel this lease by wrillen oolice denvered
to Landlord withio the len (TO) day period immediately succeeding the final day of the Delivery Period. l/Ten>o1 does oat
denversuchwrilteooaticeto Landlord, within ""'lien (10) days period, Tenaors righl to cancel this leasewililerminaleand
be of no furth'1!...we or effect, and the terms and conditions of this lease will remoio in full force and effect, excepl that
T eoaot's renl abalemenl shall coolinue until the lime landlord denvers possession of the Premises 10 T enaol.
(4.3 ~'~,~O:¡;~: :.~~~ ~I'~:r:-'-:~~",!.:o'-- ~ ~ ~.:;~ ~~~ t'.:: ~~~:~~:~.~:: ::
;'~:;;~~~;';i~':.I~, '; I. I R I 1>1. If,,-..... . . ':;.;¡;;¡:¡;:,¡¡:;:o:;;;;;¡.~;;~=':
:::'~::~~';::1:~k.~:".=,,~~... öI~"'}"""~~ ~ :~:';':~~id ~~ ¡:.:;;;¡;;¡ ~~;:;;:~ :~~~hL:'~ ~~.~
~~~à"~~~:.I::-:;.:"I._.dal<._.JL._.IJ_II"",. , . . t. ,I, . It.
,o..dB..fd".l,ok.]
4.4 Surrender of Premise.. AI the expiralion or sooner lermioation of this lease. Tenanl shall retum the Premises 10
Landlord io the ..me condition io which received or, if allered by Landlorr! 0( by Tenaol with Laodlord's consen~ then the
Premises may be returned in such altered condilion. Broom clean, reasonable wear >od lear excepted. T enaol shall remove
all persooal property, Irade fixtures, appliaoœs and equipmenl ('fixlures1. Where such removal will require structural
changes or damage 10 Ihe Premises, Laodlorr! will have Ihe oplion 10 have ..me removed al T enaors expense and under
Ma.ris Piho Mana.emenl G.-up, Inc. Inlt~
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LmdlO<d's SLOpelVision. Tenanl shall also remove any and all alleraUons which l.1ndlonJ designales 10 be removed pursuant
10 Section 10.4 below, and shall reslore the Premises 10 the condition !hey were in prior 10 the installation orconslruction
of said alteralions. 'nenanl has railed 10 rully pay all amounts due under this lease, Lmdlord may, at landlord's option,
designate any or all Fixtures paid ror by Tenant and installed on the Premises" landlord's paymenl in (ull or in part or any
such lM1paõdamounts, and Tenant shall provide landlord with a Bill of Sale correctly evidencing the lransferof ownership.
IfTenanl fails to remove any fixture, at Landlord's opUon, Tenanl shall agree 10 designate and pennit landlord to remove the
same at Tenanl's expense. TenanlShall retum all keys to the landlord within Iwelve (12) hours following lennination o(lhis
lease or pay '" the cost of new keys, if the landlord so requires. Tenant's obligalion 10 perfonn this Covenanl shall survive
the~irationortenn""ion ?(this lease. Lmdlord m:: ~:~¡ :;:~ :,~~i~~.:~: .~:~~~ ~f'¡:';ï~.::~vv. "1.«. "..1"
""n",ol"0..elov"4..d'.&I,',I1BÐI4.,J",,,,to e " I", " reservesthenght
to enler any part o( the Premises during the ..me O"e 1.0,,4,,4 oigl,t, (1BO) ooe hund"" Iwpnlv 11701 day period arWtJ¡¡
Ihe exni..ti"" n( Ihi< I p,<p to show the Premises 10 prospective tenants.
5.
~ #
5.1 Use. Tenant Covenants that at all times during the lease term and such other time" Tenant occupies Ihe Premises,
T enanl shall use the Premises for the Pennitted uses and (or no other purposes without liIe prior wri"en consent o( l;mdlord,
" set oul in Section 1.17, which mn<pnt <h,1I nnt liP unrp,,"",hl. wilhliPld
5,2 Use. Prohibited. Tenant shall not do or permit anything to be done in nor aboullile premises or bring or keep
anything therein which will in any way increase or affect the exisling rale o( any fire or other insurance policy upon liIe
Premises or the Building. or cause a cancellation of any such insurance policy covering said Premises, nor which will in any'
way obstruct or interfere with the right of oIlIer lenants or OCCUpants of the Building or injure or annoy them, nor shall the
Tenant use or allow the Premises to be used for any improper, immoral, unlawful, objectionable or offensive purpose, nor
shall Tenanlcause, maintain or suffer or pennil any nuisance in, on or about the Premises. Tenant shall nol commil or allow
10 be committed anywasle in orL JOn the Premises and shall refrain from usingorpermiUing the use of the Premises or any
portion thereofas living quart"". sleeping quart"" or '" !odgingpurposes. Tenant s/"II nol do or permit anything to be done
in or about the Premises, nor bring or keep anything thereon that 15 or will constitute or creale a hazardous wasle or substance
or violaleany environmental law. Tenanl will indemnify and hold the landlord hannless (rom any and all damages related
10 Ihe Tenant's inlroductiÒ<1 10, or creation of, hazardous waste on the Premises. Tenant shall advise landlord in writing
immediately of any environmental concem related to Tenant's use and occupancy of the Premises brought to Tenant's
attention by any private party or govemmental agency or official. landlord shall have the righllo remedy any environmental
problem and to conduct any environmental tests reasonably necessary to di¡cover a hazardous waste or other environmental
problem and Tenanl shall be liable (or all costs and expenses related 10 such lests or remedial action if a hazardous waste
or environmental problem caused by T enanl is found to, exist.
5.3 Building Code. and Zoning. Tenanl has investigated all applicable building and zoning codes, regulations and
ordinances 10 determine whether Tenant's intended use of the Premises is permitted. Based upon this invesUgaUon, Tenant
accepls the Premises 'as is', subject to all applicable statUles, ordinances, rules and regulations govemingTenant's use of
liIe Premises. Any and all expenses required to comply with all applicable staMes, ordinances, rules, regulalions and
requirements in effect during the lease Term or part Ihereof regulaling Tenant's use of the Premises will be bome exclusively
by T enanl. Tenant agrees 10 comply with all such stalues, ordinances, rules and regulations throughout the lease Tenn.
5.4 Condition of Premise.. Tenant has inspected liIe plumbing. lighting. air conditioning. heating. windows, interior
walls, flooring and all olilerelements of the Premises prior to execution of this lease. Based upon that inspection, Tenant
accepts the Premises 'as is' in the absence o( any material change in its condition prior 10 liIe Commencement Date or the
date the Tenant takes possession of liIe Premises, whichever is earlier. Tenanl acknowledges that neither landlord nor
LmdlO<d's agent has made any _tation or wananty as 10 the PÆSenI or luIure suitability of the Premises for the conduct
ofTenant's business.
6.
COMMON ARFAS
6.1 Areas. landlord shall make available such areas and facilities for the common use of aillenants o( the Buiiding
(including bur not limited 10 parking areas, driveways, lrud<ways, delivery passages, truck-loading area, access and egress
roads. walkways, and landscaped and planted areas) as landlord shall reasonably deem appropriate ("Common Areas'). The
roof and exlèrìÕr 'walls of the Building and the utility systems up 10 the exterior walls ot the Premises are Common Areas.
LmdIonJ or its agents shall ope<¡¡te, manage, equip, ligh~ repair, replace and maintain the Common Areas for liIeir intended
purposes in such manner as landlord shall reasonably, in its sole discretion, determine. landlord may, from time 10 time,
change the size, location, nature and use of any Commoo Area, and make installations therein and move and remove the
same, provided that Tenant's access to the Premises is nol materially altered. All expenses in connection with the Common
Areas are Operating Expenses for the purposes of Section 9 below.
6_2 Rights. Tenant and its employees, agents and invilees shall have the _elusive righl (in common willI other
tenants of the Building and landlord) to use the Common Areas, subject to any Rules, as defined in Section lB. landlord's
Rules may include thedesignalion ofspecirocareas inwhidl cars ownedbyTenan~ its employees and agents must be parked.
Landlord may at any time temporarily close any Common Areas due to construction, maintenance, repair or changes to any
part o(the Building or liIe real property upon which the Building is located, with prior notice to Tenant.
Morri. Piha Managemenl G..up, Inc.
Ini~
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6,3 P~~ing. . T enanl shall be ,:"titled 10 use'~r:" ~~~~:~:::- ~.:::; ~: .::~ ;:~:~",:~~.~~h~ ~~;:'I~~ ~:.~od
~d~:!:~~ f,,::::::::::"'od hPn>~n:;~; ;:~~;.:~~ VI;~~;:;'~;"~:;: ;~: ~':':'~'-:;'::~'::v~'::::on:,:::~;~';
;;S~;;I~~ ;~~~ ~:;,:: ;':'0' on ~ ~f~;~~¡~: ~~~~::.~~:~ ~ ~ ~ ~.~:~~ ~~.. ~:-¡;~.:~::>~
~a:.:;:~:~.~. ~:;;~;,:;;~::c:",., II ~;;"¡;~¡ìdi; '¡;;:ï:d;;;;;.:~,:¡;;¡;: I;;;:ki~:- ~;...;.:;;
::;~'~::;'~:~::~~~;iI~~~:~_",..!h~,.d ,I . "b!h~:/;:àd.;~I~~:,:;'::;:ï,:::;;:~:~:~;;':;:
:~~::~:';~~~:~:;~':I'~~t~;tl."dlv,L.ðlv'I",t-"." óI .. e. , '. ,
ofth.,a.... 10 ---a... vll"-_-,k"'ba,.>,.
7.
MiNfMHM RENT
7.1 Initial Term. OOOng Ihe initial Tenn 01 this lease, Tenanl agrees 10 pay to landlord al landlord's Payment Address
or sum other place as designated, Ihe Minimum Renl lor the inilial T enn 01 this lease, in the manner described in Section
U ~
~'~I ""I~~:~1v~C;'.ä:"~:";'~~'-'::'~~~:~~¿~:Jv;,?~~;;~~~j:t"ll þ', d..I.I;";".,,, , Rc,,1 10, d,c [.I"..kJ 1<"",
7.3 RentPayment The Minimum Renl lor the initial Term [or..., E.I.:.,dcd T,..", shall bepaJd in advance ollhe flrst
day of each calendar month oIlhe initial Tenn or any Extended Term or any period prior of subsequentlherelo while Tenanl
IS in possession of the PremIses, The Minimum Renl for any partial month shall be prorated. The Minimum Rent is
exclusive of any sales, _ise, business or occupation or other tax based on >enls and should any sum taxes apply during'
the term of th~ lease, the Minimum Rent shall be increased by sum amount In the event pe>centage or other addôlional
tent ~payablebylheTenanl uncIe,this lease, it shall be paId In the manner and at the lime set Ior1h in the RIders a!tached
hereto and by reference made a part of this lease.
8.
FIRST MONTHS RFNTAI AND SECURITY DEPOSIT
8.1 Deposits. As set out In Section fi,+I !JJ .the Tenant has paId this day 10 the landlord the Renl Deposll which
shall be credited k> the payment of the first month's ÆI1~, Te ...,tI~ AI;;¡:~~~ :;; ~.;;;~ ~<¡;;;I t;;; ~~' I;;;;;:ï;:
~:: ~ 't.." ::~¡;:b.~.d .:;",J~;"" ~fll~.l,".'< ...d A, add;t;~~'~:::::;:j=:~' ~~'T~::;"'J,~,;~ ~-~. ~;ð"~
:::~~o~~,;;¡;;¡:.:d I~ k,cp U.c 5..v..l, Ð.þ_J.I ,<"A..le I.v... , ;k Id~ ¡;;;;.~;¡¡;~: ..:' -
',k"'lv.."""""""".I"..o"<..,....,d..S.,""I,D.""',lb<,,,<J.J...p,,I,< v_.. ,,(.
:; ;;:::t:;;;.~t~:I. IfT...>"I;, j.: ~fl..~1 v..dc.II.;, l_<, b..~~~~;;:;;;~ d~~~~ ~~'~~~'d
::~ ~.~:::~' ~::;, f~~~..1t V" Iv..<G,,:ø",,>t. .b.:.dlo.J ro. ,¡...~~ l~t~:~dÜ:::: :d.':'~~~'~,~~ ~j~~'~
::~~.~..~.::;~~:~;:.t~':,~b~I.~""",:,t.~I",d<~",. I~';;':;¡;; ;;;;;;;;:¡:i¡~::'~~;
~ ~';:¡';' ~~ ::~.~;I;:;: t,~~J ~vo:. d.c~_..t, Ð,"""I ,1_II..vl ~;'¡'~: ;:'~;;;...;;;~;:::~;~;:,;;
;,:~'~ ,~ïi, ':.~';',t...,(~~) J.,J "1<, ...;11... 0..._..0, Jql';'it,?"l, .~lIj ;:';";¡;';ìí ~~. ~;:~t~;:j~~~.:~~~~ 11>;
~.tí ~;;":..~~.~. f~I...."~..I:",I<J IbM, ...0 "',"..1' ro.I.., ~;;:;;;;;;~' ç 'P;~::::':':'.~ :.~ ~j~ï ':
:::::~;;;.:::: .:k.~:II.ld..._..At.A.._fd..l""'<T....,...d>ftc.-r-.. ;";-~;';~";;;;¡'¡:'~~:'~I.~~:;
~~~~7 ~7:"II;-:;-:, ~...A;,b~..J"",.J.b, b..,J':-Jd.11 T""'~i: ';.'í'~:P:'~~'~"Ñ;'~~t"':In';¡~:;:i Ð:;;,:~~~;¡
::':'-:~~~:':~~J.II~.~f",d._~...I."..ðfd..'l_'.v.... . . . ., -, I
bet ....b."<II...J_,JTC._..1 ..I",;"..ll<>llcS"....I,Ð"",,>I.
9.
OPERATING EXPENSES
:.~. ~~~-:: ~I.~ ~"."",c, ~f a:;. ;"I;A.. 9 ,;' 10 I..,v,c d...l, I,: .~;: ~ :.:;:.I~::~. ::;¡-,~ ~",¡:~ ::~
=:::::~II=",:::,~"".:.¿Iod-::"":-,,_...I,,.a"""_"""JI.._, l "" A Po. "
eo", ,~<;r¡..., , --..",cd b, l&..Jk>.J ><,,-.di"b t" Ad... 1<...", vI d.l, loa".
9.2
Direct Expense. The expenses listed In this Section 9.2 ("Direct Expenses" ) are to be paId directly by T enanl:
9.2.1. Utilities. T enanl agrees 10 pay before delinquency and at lis sole cost and _so, all charges for !be
~ ulil~~liedk>IhePremises; Incluo;..~ .';d.v.1 1i..,¡lOli..., water, electnclty,gas healing, aod lighling,..........
...Ie d;J¡>.._I, -¡I,,>;. "".d;"",.;..g~.J ,...,laul;". throughout the full lease Tenn. landl.,o ~.AII.'AI ~c Ii.bie 10, d,.
";1...<_(_., vfd - -..k.; Iv, &.., ,<..A.. ..I..~"..... If charges lor any or all of such utility se!V1ces are nor r....hk> nf
"""""0 tnPtPrino »VI .'" chaoged roo the Building as a whole, T enanl agrees 10 pay, upon demand, T enanl's Proponionale
Share of sum chaJ¡ es. If cha>ged lor any or all of such utility se!V1ces are charged for a larger space contaIning the Premises,
Tenanl agrees 10 pay upon demand a share of any such charges based on the ProportlOO thaI the square footage of the
Premises bears to such large space.
9.2.2 Insurance Procured by Tenant Throughoul the lease T enn and any other period(s) of occupancy of the
P,emises by Tenan~ Tenanl shall, al Tenanl's expense, obtain and maintain the followIng insurance policIes, naming as
additional insured, the landlord, Morris Piha Managemenl Group, and landlord's lender, as requIred:
Mooris Pilla ""na.emen, G,.up, Inc.
(a) liabolity Insu'anca. A comme"'ial general liability insurance policy providIng coverage for bodily injury
liability, P>apertydamage li.billly and personal injury liabilllywilh minimum limIts of no 1 less than $1,000,000 Combined
C¡J Inl~
6-/0
'-"
'-'
Single limil per accidenl and $2,000,000 General Aggregate. Such insurance policies shall include Blanket Centradual
liability and Owners and Centradors Prolective endoßemen~. u.ndlu,d ",., :,,_Lo.' vi I!.~'~L ~" ",v:"d Ij",it '" II
dœ"", ---, , t>.....d -~, ~,joJi< '".v.."," ,..:"d. The insurance required by th~ Section shall be on an OCCunence
basis, and ooderwrillen by an accep",ble insurer licensed 10 do business in theS",te of Washington. IfT."."t is unable to
ob ¡¡in this ins~on an occurrence basis, it may be on a claims-made basis provided that, ~~I~, ~~;;" :::.:;;:,;>"'
=~¿~~'¡:,~h~ 5¡:¿~'9'~~~:J."~~'~,::~:L"~;II~",:,~::'~~I;'~~;~:; ::1; j~;~~:~':;::,~'~i~~~j r:~;
:;:; ~L~~ ,,~~~ b.'~~~"~:;':r; :~~n~'; s~:::,: :,,;,P<I tn maintain lail env.,... ~,;;; ~;~I~I:~ ,;:~:
of thrPP III wao< fmm th. ria.. this M-mPnIi "I v. . a
(b) Personal Property Insurance. \ ,p.d.1 Iv"" "01:" ulfroperty insurance (or ~,e ".v:,ol""B covedng
Tenant's personal property, including but noIlimited to T enanl's rumiture, fixtures, leasehold improvements, equipment and
inventory, in the amount of Its full replacemenl cos~. Such property insurance coverage shall be a minimum insure againsl
loss resulting from fire, ~ and extended or brood lonn perils. t..ndlord shall be named as loss Payee as i~ inlerest JI-
may appear in tenant improvemen~ and bellerments.
(c) Business Inlernq>tion and Plate Glass Insurance. Business internq>tion Insurance in an amount sufficient
to protect Tenant against any additional cos~ and lost income associated with a move to lemporary space due to a business
interruption. In odd;t:v", "1.le .IA'. :"..,-,,< j" A" .",ov"l.uffiej",ttu ,,?"'~C "j"do", I" d. P"",i".;" II" "",t vI
~
T enanl shall obtain the insurance required by this Section 9.2.2 from companies reasonably accep",ble to landlord
licensed 10 do business in the S",te of Washington. Before OCCUpying the Premise, Tenant shall deliver 10 landlord, or
Ulndlord's agenlO CO?, vI I'" :"..,A,,~, ?vl;cje. ",.j"d l, d,;, ~ed;o" 9.2.2, 0, certificales IÚJJlliItiW:e evidencing the
existenœ and amounl 01 such insurance. If.eqv' .Jl, b..Jlv,d, u, b.,dl~.J'> -""l "fc.-LI,"II d.li.c, ~ --,i.j".1 "ul;<,
10 u."d o,J', 10""",,,. Not later than ten (10) days before expiration of these policies, the Tenanl shall deliver 10 landlord
evidence. that ins~ req~ired by.this Section U2 h:os been continued. :: ~~~~~I~::;í'~:;::~~"t:: ~ .~~~I
IOreMIo.,o'",o,-,-""ufte,d",t,SB)A"""O,...,lIo""o"""tõ"",dl", . 0" '.
If Tenant fails 10 main",in the required insurance, t..ndlord may, but it is not required 10, procure the same al Tenant's
expense.
9.2.3 Penonal Property Taxes. Tenanl shall pay, before delinquency, any and all ",xes levied or assessed and
payable during the l..se tenn upon all T."."I's equipment furniture, fixlures and any other personal property 10000ted on
the Premises. If any 01 the same are assessed Of laxed with the building or r..1 property upon which the Building is 10000ted,
Tenanlshall paYUlndlord the amount of such ",xes within ten (10) days after receipt ora wrillen statemenl selling rorth the
amount or such ",xes that t..ndlord has delennined 10 be aUribu",ble to Tenant's _I property.
9.2.4 licenses and Taxes. Tenanl shall be liable for, and shall pay throughout the lease Tenn, all license and
excise fees and occupation ",xes covering the business conducted on the premises. If any govemmental authority or unit
under any present Of future law effective al any time during the l..se T enn shall in any manner levy a ",x on ren~ payable
under this lease or ren~ accruing from use of the premises or a lax in any fonn against landlOfd because of, or measured
by, income derived from the leasing or rental of said property, such lax shall be paid by Tenanl eitherdireclly orlhrough
t..ndlord, and ~ Tenanl's default therein, t..ndlord shall have the same remedies as ~ failure to pay Minimum Monthly
Renl It is understood and agreed, however, that T."."I shall not be liable 10 pay any net income lax imposed on t..ndlord
unless, and then only 10 the extent thalthe next income lax is a substitute for real es",le ",xes.
9.3 All NNN CHARGF~ INClIJOFn IN RFNT Additional Rent Tenant shall pay as additional rent ('Additional
Rent') in the manner set forth in Section 9.4, Tenanl's Proportionate Share of the following expenses
9.3.1 Insurance Procured by londIord. Throughout the lease Term, T."."t's Proportionale Share of the
following insurance policies, obtained and maintained by t..ndlord, insuring the landlord and landlord's lender. 0t"1Ift'('"0Ih
imb,."" doot b...dlo.d "'" d,~", "«",.,,, l..d.Jj,,& l.t ...,li",it"J t.¡ ,a,~.q_l, ."d RooJ j"..,a""..
(a) FIIo and Casualty In..rance. A fire and casualty insurance policy with extended coverage endorsemen~
lor the '"II replacement value 01 the Premises as the t..ndlord may reasonably detennine from time to time.
(b) BoDe, and Rentli loss Insurance. Boiler interruption and ren",lloss insurance in an amount sufficient 10
protect landlord from any loss 01 rental income resulting from boiler failure or any Other reason.
9.3.2 Real Property Taxes and AssessmentJ. Tenant's Proportionate Share of all real property laxes and general
and specialassessmen~ levied and assessed against the Building improvemen~ on the land of which the Premise area part.
Each year Ulndlord shall noIify T enanl or Ulndlofd's calculation of T enanl's Proportionate Share of the real property ",xes and
assessmen~. Tenant shall pay Tenant's ProportionaleShare of said ",xes or assessmen~ in the manner set forth in Section
9.4. Upon wdUen request, t..ndlord will fumish T."."t with a copy at the Tax assessment bill. t..ndlord may require from
Tenanl ~ "'sonablewriUen notice from landlord, a paymenl of the Tenant's Proportionate Share of such real property
laxes andIOf assessments to Ulndlord on a periodic basis. If this l..se commences or tenninales other than on January I and
Oeœrnber J I respectively, ",xes and assessmen~ payable shall be prorated in the firsl and lasl calendar years of the l..se
Tenn.
Mords Plha Management Group, Inc.
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9.3.3 Common Area Expenses. To the exlenl nOl covered by otherprovisioos olonis lease, Tenanl shall pay
Tenanl's Proponiooate Share of the fOllowing coslS associated wion Common Areas of Ihe Building in one manner set forth
in Sectioo 9.4,
(a) All ..aleslate taxes, including assessmenlS, all insu..nce COSIS, all utility coslS and all cosis 10 maintain,
repair and replace common areas, parking lOIS, sidewalks. driveways and other areas used in commoo by one lenanls 01 Ihe
Building (including. bul noIlimited 10 HVAc, signs and parki.ng);':":~~I~~hl:-= ..::>~::: ~~~:.:h::: ::; ~m.::;;;' .::.::
~:~.::<~::I~:f~~V<"'" Inmm~ >m>'>n" T~>nl', ""Iog>1 t t t, t
(b) All costs 10 s"""",ise and adminisler one Commoo Areas, parking lots, driveways and other areas used in
common by Ihe lenant or occupanlS 01 one Building. The caslS shall include such lees as may be paid 10 a third party,
including management lees in connection with the same and shall include, in addilioo, a lee to Lmdlord 10 Supe",ise and
adminiSlet Ihe same in an amounl equal 10 fifteen percent (IS'!.) 01 the lotal caslS 01 Subsection (a) and (b). .J-
(e) Any parking cha..es. utmly surcharges, 0< any oIher caslS levied, assessed or imposed by or at the direction
of, or resulting lrom slalutes or regulatioos, or inlerpretations thereof, promulgated by any govemmental authotity in
connection with Ihe use or occupancy 01 the Premises or the parking facilities se",ing the Premises.
9.4 Payment 01 Additional Rent. Tenanlshall payAddiliona1 Reoldescribed in Sectioo 9.3 or elsewhere, in the manner
set lorth herein,
9.4.1 Addilional Monthly RenL On the Commencement Dale or as soon as possible Iherea~er, landlord shall
submillo Tenanla statemenl ollhe ..timaled lotal Addiliooal Renl owed by Tenanl under Section 9.3 lor the period lrom
the Commencemenl Dale 10 !he end 01 the calendar year. Tenant shall pay such estimated Additiooal Renl in monthly
paymenlS equal to lheamounloltheAddilional Rent divided by ihe numbet 01 tull months remaining in the period lrom the
Commencement dale 10 the end 01 the calendar year (the' Additional Monthly Renl"). The Additional Monthly Rent shall
be paid concurrentiy with Ihe monlhly payment 01 the Minimum Renl and shall be adjusted as provided in Section 9.4.2
herein.
9.4.2 Adjusbnents SlóItement. By March 1 01 each year 01 the lease T eon, landlord shall endeavor 10 provide
T enanl with a stalemenl showing the actual Additional Renl for the prior calendar year (one' AdjustmenlS Stalemenn. II the
lotal 01 the Additional Mooonly Renl paymenlS which Tenanl has made lor the prior calendar year is less than Tenant's
Proportionate Share of the actual Additional Rent lor such period, Tenant shall pay within len (10) days a~er receipl of the
AdjuslmenlS Stalement an amount equal 10 (ilthe defICiency for the previous calendar year, plus (ii) one defICiency due 10
Addilional Mononly Rent paymenlS made in the currenl calendar year prior to such Additional Monthly Reot being adjusled
as sel forth in Sectioo 9.4.3. Failure 01 landlord to submit AdjusÞnenIStatements shall not be deemed 10 be a waiver 01
Tenanl's obligalion to pay sums as required by this Section 9.4.
9.4.3. Adjusbnent al Additianal Monthly Rent The amounl 01 Additional Monthly Renl owing in the currenl
calendar year shall be adjusled concurrenllywith landkHd's provision 01 the AdjusÞnents Stalementlo Tenant. Taking inlo
accou>lthe actual amount 01 one Addilional Renl for the previous calendar year, landkHd shall submit to Tenant as part 01
the AdjusÞnenIS Statemenl m an estimale 01 the total Additional Rent for the cuneot calendar year and (iil the adjusled
Additional Moothly Renlamounl based 00 such estlmale.
9.4.4 DeficiencytOverpaymenL Even though the leon has expired and Tenanl has vacaled one Premises, when
the final delennination is made 01 Tenant's Proportionale Share 01 one Additional Renl for one year in which the lease
leoninales, Tenanl shall immedialely pay any defICiency between !he total of the Additional Monthly Rent paymenlS made
and the adual Additional Reol due. Any overpaymenl made shall be immediately rebaled by landlord 10 Tenant provided
there are no outstanding reolS or charges due. This provision shall sUNive tenninalion 01 this lease.
10.
MAINTENANCE, REPAIRS AND ALTERATIONS.
10.1 landord's Obligations. Lmdlord shall maintain and repair the foundations, all u.iIi.. ""t,m, including h..tlno
vPnlilatÕßn """.i,,...dili~ing ""tPm, '"HVAC., exterior walls and the roolcovering and tOnl structure 01 the Building.
([.."'->-'-vd..;."'i.~ ..~.i--o h, 5,-'0... 13 .~.01... ...h....Ii_" ij Iany 01 this maintenance andlor repair is required in
whole orin pan because 01 one negligence 01 the Tenant its agents or invi"", Tenant shall pay to landlord the reasonable
cost 01 the repait>. Excepl.. provided by Section 14 regarding reconstruction, thl!R! shall be no abatement 01 rent and no
liability 01 landlord, due 10 any Injury or interference with Tenanl's business arising from landlord's perfannance 01 any
maintenan~e or repair which it !s required or pennined 10 perform :::'~~:-";:'::~~2"~~ ~': ":':" n;:I:;:;
hn...t ....... ..., ..gl.l ..I..d. ,1m., I...t ...0.. ..., C".....I., f... ... '. Of, .
expen,e-.
10.2 Tenant's Ob¡;gation~ Tenanl shall, al Tenant's sole casl and expense, keep in good condition, lIIaÎIJIfO¡ ¡Jœand
repair ""no>hl, w,.. and ..., 'xIPnlod .11 "",IL.s olll.c Po..""" ...>1 "...i...d Iv bt m.;"l>.o..,d b, la..olo,o -,J.,
5<0100..18.1, o..èl.oo..¿. ..ill,o.1 10".11>."_" II" ....1..1"_.«, """i, '..0 ".I""-",,,.torany slorelront all intedormlls or
partitions and interior portions 01 exlerior walls, doot>, exterior [and] interior glass, . ;;::.:.~ ;¡:;¡;~~~~'~;;;;~~:;;:
1b.1""I.~I'b....1-cl...J.II,'ilolp,JI....J..ill'I..II"P,t..."<J,.~I"di...1.""li..... 'Ii .' ,'j '.
f'HW<E' Tenant shall, l.pOI1 expi..tion or soonenenninalion 01 this lease, surrender the Premises 10 lan~
Mo"is Piha Management G,a.p, Inc. 6 f?JJ -
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clean condilion, ordinary wear aodJear excepled. Any damage 10 adjacenl p..mises caused by T enanl's D£&Iiefot ,use 01
Ihe Premises shall be """,ired al Ihe sole cosland expense 01 Tenanr. II Tenanl fails 10 penonn the malnlenance, repakor
..placemenl required by Ihis Secllon to.2 or 10 surrender the Premises in Ihe condilion required by this Section, landlord
shall have Ihe righl 10 penonn the necessary work, afternntice In Ten'nl tn ,lIow Ten'nt 10 ""noon Ih.wnok al Tenaors
expense, and Tenanl agrees 10 relmbulSe all costs locurred by landlord. blndlo.J ,1,.111,." II.. .i6l,I 10 w.,h_~1 10, >"J,
'<~IC<J -, 11'/\( H..i,.",.."" -HJbill "00_001 L <u.t r.,. ,.4. ."..i«. . and all lolerlorplumblngaod IighlingfiXlures.
10.3 Government Repairs. 10 the evenl any governmental agency requires major """,ilS or modifocalions 10 be made
10 the Premises, which """,ilS a.. the obligallon 01 laodlord and canna.. in landlord's judgmenl, be j",lIfied by Ihe
-- Reo.. the L1ndlord shall have Ihe ri!l11 10 caoœl and tenninate this lease by giving Tenant ninety (90) days written
nollce. Major repailS for pu/ JOSes 01 this Seclloo shall be """,ilS or modificallons with a cost exceeding six (61 mooths'
Minknttm Ren! under this lease. However, T enanl may elect in wriling within fifteen 11 SI days 01 Tenant's receipl 01 the
ninety 1901 days nOIice 01 cancellallon from landlord 10 make these """,ilS al lis sole cosl and expense, In which evenl Ihis .
lease shall..maln In lull toree and effect. ¿t
10.4 Alterations and Additions. T enanl shall nol maIce cK pennil any allerallon, addilion or improvemenl 10 the P..mises
wilhoul !hepriCKwri.en consenl 01 landlonJ, which consenl shall nol be ooreasonably withheld. To"',,1 ,1..11 ~r _Hr ."J
. . ". . '. . Any
allerallon, addition CK Improvemenl consenled 10 by landlonJ shall be made in a good wookmanlike manner al T enanrs sale
cost and expense and shall comply with all applicable laws, codes, onJinances, rules and ..gulalloos. All alleratioos,
addilloos or improvements lincluding bul nOllimited 10 wall and window covering, paneling and buill-in cabinel wori<, bul
excluding movable furniture and lrade fixtu..s) shallal once become a part of the P..mises belooging 10 the landlonJ and
shall be surrendered with the P..mises al tile expiratioo of this lease, unless laodlonJ demands their ..movar as sel forth
below. Upon explrallon orsOOOer lenninallon of the lease lenn, Tenanl shall, alTenanl's sole cosland expense, with all
duediligenœ, remove any allerallons, additions or improvements made byTenanl which rP<J,... the fakm,ri<"vah,e oflh.
fœrIJisfS and designaled by landlonJ 10 be ..moved; provided landlonJ gives T enanl nolless than thirty 130) days advance
written nolice prior 10 lennlnatloo of this lease. T enaol shall, al Its sole cost and expense, repair any damage 10 the P..mlses
caused by such ..moval. II T enanl fails 10 ..move any such alleratioos, addiHoos or Improvements, landlonf may do the
:~~ra:II:~~;Er'i~;~~~'il~~~;~~lfi!~,<.:;:;:I;:I.~:.:: ç; :;Y'~:::::~1::<;:::¡iï::i.~:::;/~:;:"~.f~ ~I:~::;;:::::
11. l.ill15
11.1 liens. Tenanl shall keep the Premises free from any liens arising oul of any wori< penonned, materials furnished
CKobligations incurred by Tenanl, and agrees 10 hold landlonf hannless from the same. landlonJ may requi.., allaodlonf's
sole option, IhalTenani provide, al Tenaol's sole cosland expense, a materialman's labor and penonnance bond acceplable
10 landlord In an amounl equal to one and one-l1alf times the estimaled cost of any improvements, additions CK alteratioos
10 !he P..mises which the Tenanl desire to make, 10 insure landlonJ againslany liabilily for mechanics' and malerialmen's
liens, and 10 insu.. compiellon of Ihe wori<.
11.2 EncumbranceL The Tenaol shall nol Gluse CKsufferto be placed, filed or recorded against the tille 10 !he P..mlses,
!he Building, CK any pa<t !herrof, any mortgage, deed of trus.. secuily _men.. financing slalomenl or olher encumbrances.
Further, ;" no evenl shall the Tenant lien CK mortgage any leasehold improvements, allerations, additions CK improvements
_0, excepllrade fixtures, appliances and equipmenl which a.. owned byTenanland which a.. no.. and which do nol
become a part of the P..mises. The form of any such mortgage, deed of !rust or olher securily agreemenl CK financing
stalement which includes a legal description of Ihe P..mises or Ihe Building shall be subject to landlonJ's prior wrillen
approval, which approval shall be subject 10 such COflditions as the landlonJ may deem appropriale.
12.
HOt D HARM! FSS
Tenaolagrees 10 indemnify and hold landlonJ and its agents hannless from any and all claims arising from Tenant's use of
Ihe P..mises, from Ihe cooduct ofTenanl's business, or from any adivily, wori< or things done orpermilled 10 be done by
Tenaoton lheptemises or elsewhere, exceol fnrrbim, involvm.l,n"lom or I ,n"lnm', ..enl<' or invil_' n""Ii.""t""ion,.
Tenanl further.w... 10 Indemnify and hold laodlonJ and its agents hannless from any and all claims arisIng from, in
coonectioo with, or..laled to anydefaull by Tenanl in the penormance of its obligations under Ihis lease, or anyllf&ÜW1
act. omission CKneglectofTenan.. its agents CK invilees. Tenanl further agrees 10 indemnify and hold landlonJ and its agents
hannless from all costs (induding but nollimHed 10 allomey's fees) ;"curred by landlonJ in coonectioo with its defense
against any claim made against the landlonJ as 10 which Tenanl is required 10 indemnify landlonJ pulSuanllo this Section.
T enaol shall give prompl nolice 10 landlonJ of any casually or accidenl in the Premises. Upon nolice by landlonJ, T enan..
al Tenanl's expense, shall defend laodlOld, 111(0"&1. coo",d .<oJo,."!'I, "1¡.fA,to, , k> l."JIc,J, in any adioo or proceeding
broughlaga;"Sllandlord by reason of any such claim. T enanl further assumes all risk of, and waives and ..Ieases all claims
aga;"sllandlOld for any damages 10 person or property susla;"ed by Tenan.. or any poISon claiming Ihrough Tenan.. which
damage results from any accidenl or OCcurrence in or 00 the P..mises from any cause involving T en'nt', n..lI.ence
~.
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13.
SUBROG'Tlm,
~~:~;;~';,~~<;;'~~,=:I~; li~~k 10 d" oO.~. v, ~ woo, ;"';;;;;;';:;~;:;;;' ~ ;~ ~:.~~:;:~;~~ :;;~:;;;';:
::;;~~ d~~ 'í~:';:.:~~~~' ~~' ~:: ~'~:"'.~.Iv -:., t.ild:,:.. ,t,~ ;;; ;:;::.¿~.;::;' ;;;::::¡; ~:;: :;¿~I:i.~ ,k.L,: ::
~=;:' ~ ~;'¡- ~;~~; ; ~.~ :.;. '.:""-:-I.~" ~". w"J k",&t>, ';:;;' ;;.';;'~;;'; I: ;~.~; "~t I;~ ~~
~~~:',:~,~~~t: ~J:,f.~::j~ ;:~':l:':'~~~~"~A~:_~~~~;:L~ :~~_::¡L~~~.:,~~~":~:::~'~O:¡~l~~::.' '
14.
RECONSTRt ICTION
14.1 Effect of Insured loss. Except as provided below. if the Premises are damaged by fire or other cause covered by
Landioni's property insurance and Pn>mi"" ran hP ~irod and r'<lorod within thirtv nm day< landlord agrees to repair I-
Ihe same, and this lease shall remain in full force and effect.
14.2 landlord's <>r..IaJanf¡ Oplions. landlord <>L1man1 shall have Ihe oplion eilher 10 '.mnoraritv """""d Ih. ,.""
and ah". Ih. "Pnl 10 allnw lanrtlnrd In repair or rebuild the Premises or landlm" m TPnanl ,h,1I h,.. Ih. nntino 10
lerminate this lease il Ihe Premises or any po~ion 01 the Building is damaged if:
(a)
The damage results from any cause nol covered by landlord's insurance an" ",h,...tino lei ann!;.,.
(b)
Insurance proceeds are insufficient 10 ItdJy pay lor all.", 80"- of """" repair and resloralion;
(e) The casllo repair exceeds Iwenly-five percent 125'!.) of the then complete replacement casl 01 the Premises
and the Building;
(d) The repair or resloralion, in landla.d', ...;"i~" cannol œ.u<mabb< be compleled within six 16) monlhs of
the damage; or
(e)
The damage occurs during the last twelve (12) months of the lease Tem1.
filhPr T"""nl m L1ndioni shall exercise its option to lerminate this lease by giv"" the nth... n,rty tc-f<!nont, al any
time within ~ Ibiax..!Jm days after the damage, written notice of its election to terminate this lease as of the dale
specified in the notice. The terminalion dale shall not be less than thirty (301 nor more than sixty (60) days after the dale of
not;œ. If landlord fails to give notice within the sixty (60) days, It shall be deemed 10 have elected 10 repair or reslore the
damage. II landlord terminales this lease as provided by this Section 14.2, this lease shall aulomalically lerminale on the
date specifoed in L1ndlon:l's notice. Neither party shall have further liability to the other, except for obligations which were
accrued and unpaid as 01 the dale 01 lermination specified in Landlon:l's notice, and except that landlord shall retum any
unused balance of the Security Deposit 10 Tenant am! <hallah". "Pnt" nmvir!erl in Wfinn 143
14.3 Rent Abatemenl. This lease shall remain in full force and effect if landlonl elects 10 repair the damage, or until
the lem1ination date specified in the notice of terminalion, as applicable, except thai the Minimum Renl A,.d A,., ,\ddit:o".1
Rent shall be propo~ionalely abaled from the dale of damage until the repairs are completed, or until the specified
tem1inalion dale, as applicable. Sud1 proportionate abatemenl shall be based upon the extenllo which the damage materially
Inlerferes with the business carried on by Tenant in the P"""ises.
14.4 Tenant', Repair Obligations, Landlord shall nol be required 10 repair or replace any I"",.hold j".p,",t",,:O,b
fixtures or olher personal property ofT enan~ all of which shall be repaIred or replaced promplly by Tenant ifT enant .IPrt,
to rnnt;n"" I Pa<P
15.
EMINENT nOMAIN
15.1 Total or Partial Taking. If any portion of the Premises is taken or -,"led by any public or quasi-public
authority under the power 01 eminenl domain, or is pun:hased by the condemner in lieu of condemnation proceedings, either
partyshallhavH;¡,righllatem1inate this lease upon thirty (30) days written ooIice given lathe other party within sixty (601
days after the date thai possession is SUlTel1dered 10 the condemner, If neither party elects to lerminate, the Minimum Renl
and any Additional Renl thereafter 10 be paid shall be equil3bly reduced. If any pat! of the Building other than the Premises
is so taken or approprialed, or is purchased by the condemned in lieu thereo~ L1nd1onl shall have the right al its option to
lem1inate this lease upon thirty (30) days wrillen notice to Tenant given within sixty (60) days after the dale thai possession
is SUlTel1dered 10 lhe condemner.
Marris Piha Management Group, Inc.
15,2 D_. landlord reserves all rights to the entire damage award orpaymenl for any taking byeminenl domain
and Tenant shall make no claim whatsoever againsllandlonl for damages for lem1inalioo of its leasehold inlerest in the
Premises or for interference with its business. Tenant hereby grants and assigns 10 landlonl any right T enanl may now have
or hereafter acquire to damages relaled 10 any laking by eminenl domain and agrees to execute and deliver such further
instruments of assignment thereofas L1ndioni may from time 10 time request Tenanl shall, however, have the righllo claim
from the condemning authority all compensation thai may be recoverable by Tenanl on acc""nl of any loss incurred by
fjf ~-
eJ-'~ .
Tenanl in removing Teflanrs merchandise, furniture, trade fixlures and equipmeflt or lor cIamage to Teflanl's business
provided, however. Ihat T..,.nt may claim such damages only il Ihey are awarded separaleiy in Ihe eminefll domain
proceeding and nol as part 01 Landlmd damages.
16.
ASSIGNMFNT AND SIIRI ETTING
16.1 Restrktion. Teflant shall nol, withoul the prior wriltefl consenl of landlord whIm en"""" ,h,1I nnl he
unre..on,hlv wllhhpW, . .
(a) Voluntarily. involuntarily or by operatIon 01 law, assIgn, lransfer, mortgage, pledge, hypothecale or
othe"'ise encumber thIs lease, or any inleresl in il or any righl of prIvilege appurt..,.nllo I~
(1»
10 ",~I 1 II
Sublet all or any part of the PremIses; 'or ., I ,
rrflP'IIC,C-,"¡or
II II
/I II
1 I T
I' ¡,"I
;
(c)
Premises.
Allow any olher person, except Ihe agents and Invltees of Tenanl 10 occupy or use any portion of the
landlord'sconsenl shall nolbe unreasonably wIthheld. rrx 'I " I ,,' 1'1111
~] Any asslgnmentlransfer, encumbrance, sublelting or use without landlord's consenl shall be voId and shall,
at the optIon 01 landlord, conslllule a material defaull under this lease. An assignment or sublease consenled 10 by landlord
shall nol be bIndIng upon landlord unless the assignee or subl..,.nl delivers to landlord:
(a)
(1»
An orIgInal execuled assignmenl or sublease;
Any collateral agreemen~; and
(e) An ins!rumenl containing said assignee's or sublessee's assumptIon of all or Ihe obligatIons or the Tenanl
under Ihis lease, In form and substance satisfactory to landlord.
The assignee's or sublessee's faIlure 10 execute such a Covenant shall not waIve, release or discharge the assignee
or sublessee from i~ liabilily lor the performance of the Tenanl's obligalions under thIs lease. Regardless 01 landlord's
consent no sublettIng or assignmenl shall release Tenanl ofT..,.n!'s obligations or alter the prImary liability ofTenant 10 pay
renl and 10 perform alilhe obligations of the Tenant under this lease,
:.~ ~:;;:d' ~;":.~ :~';~ ::::"l..,- ,:-..dl;,~ ,~, '1I~_IIo","'~~:¡;"~~';, ;'~'~';¡~~' ;,~Iv~~:
:;~'~'b:;~ d'"'~: ~,,:.J.~.~..._. ~I""~.",~,b ".<.?-"IIO '~::~:ïT:::í ~~:d:~~'~v~~::';$~ -;::'¡;~. ~~
:~'~~"~:í;;;;~.:~:~~:a-:-."~. edl,'dc,-..,..d.c.,,. I " -
10"",1. <CA,. L...dlo.d ,1..11 "Iv." I~ T_,,"',I V", ---,.dlvl...« old.d,""',I.
16.3 Induded T ransfe". If Tenant is a cooporallon, any lransfer of this lease by merger, consolidation, reorganization
or dlssoiulion shall conslllule a lransler for lhe puoposes 01 this SectIon. IfTenanl is a cooporatlon, any change In the
ownership aI, or power 10 vale, a percentage of Tenan!'s now-ou~landing slock which resul~ in a change 01 controlling
persons, or any I,,",sfer of all or subslanlially all the assets of T enanl shall conslltule a transfer for the purposes 01 this Section.
l(Tenanl Is a partnership, any partial or lotal wIthdrawal of any 01 the present general partners, and any transler by a general
partner of all or part 01 his partnership interest shall constitute a transfer for the purposes 01 this Section.
16.4 udkWly Imposed Assignment If the non-assignmenl provIsions 01 thIs Section are deemed 10 be unenforceable
in any bankruplcy proceedIng, landlord and T enanl agree thela showing 01 adequate ""U,,",CO 01 luIure peñormance by
a prospedlve assIgnee ot this lease must include, wlthoullimitallon, clear and convincing evIdence the~
(a) landlord will receive the full benefil 01 each and every term 01 i~ bargain in this lease, except lor the non-
asslgnmenland relaled lermlnalion clauses;
(1»
The PremIses will contInue 10 be used solely lor the use permilted by this lease;
Ic) A judicially imposed assignmenl will nol cause an acceleratIon or increase in the interesl rale, or lees in
connection with, any indebledness 01 landlord secured by landlord's inlerest in the building or this Lease; and
Id) The ProspectIve assIgnee has the means, expertise and experience 10 operate the business 10 be conducted
upon Ihe Premises In a firsl<lass manner.
16.5 Assignmenl by landlord. If landlord shall assign i~ Interest under Ihls lease or lransfer I~ inleresl in the Premises,
landlord shall be relieved of any obligatIon accruIng hereunder afrer such assIgnment or lransleo omvldPd Ih" I 'ndfnod',
SUCCP"nr In in'prp" aur.., In wr;lIn. In "'ump a/l nl I ,ndfnod's OOIl.,lInn, undpr ,hp 'p"p and such transferee shall
thereafter be deemed 10 be the landlord ooderthls lease. lao.dlo,d ",a, 1..",(0. T-...'.,I'J 5<0..;" Ð~~"';II" ,.d. I.'"Jf< ~e
.nd Ie"...1 JI.alll",," Jvld, 1011.< "."sklt< (0, ~,< .d.", of ,.d. ,*""';,.
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17.
REMEDIES IN DEFAI "(
17.1 Defaults. The occunence of anyone or more oflhe followIng evenls shall consmule a default and breach ollhls
lease by Tenanl,
(a) The vaca;;ng or abandonmenl of the Premises wllho.., nmvidlne no. h,...drPrllw~'" 112m daY< writl.n
no;;c. In Ih. I andlm.! and nnnnavmPnI of RPnI by T enanL
(1» The failure by Tenant to make when due any payment 01 rent or any other payment requIred to be made
byTenanl.roerthis lease, where such failure shall ceotinue for a period 01 three (3) days afterwritlen notice 01 default from
landlord 10 T enanl. In the evenl that laodlord serves Tenant with a oo;;ce 10 pay renl or vacale PUlSuanllo applicable
unlawful delainer Slalules, such notice to pay rent or vacate shall also consmule the notIce required by this SectIon.
be obse~~ or ~':~~;.,":'.I:th= ~:~:(t~:e~:".a:~~~~~ ~::~~~~~~::~":o~~~ ;-
of such defaull from landlord 10 Tenant provided, however, thai ilthe nalure 01 Tenanl's defaull is such thai mare than Ihirty
(30) days are te.1SOnably required for its CUre, then Tenanl shall nol be deemed to be in defaull ilTenantcommences a cure
within that thirty (30) day period and thereafter diligently Prosecules the cure 10 completion.
(d) Tenanl becomes a 'deblor" as defined in the Bankruptcy Code, 11 USC Seclion 101, or any successor
Slalule, or il lruslee or a receiver is appoinled 10 lake possession 01 subslan;;ally all of the T enanl's assets lcealed at the
Premises or 01 Tenant's Inleresl in this lease,
(e)
Any olher OCCUlTence which consmules a malerial default under other provisions 01 this lease.
17.2 Remedões. In the evenl of a malerial defaull or breach by Tenan~ landlord may al any;;me thereafter, alter
,"""",hIP "",in> and rlPnund ,,1111 0, ,,;d '"01 ,,0;;_", d¿...."d and withoullimi;;ng landlord in the exercise olany righl
or remedy which landlord may have by reason 01 such default or breach,
(a) Teoninale Tenant's righllo POSsession 01 the Premises by any lawful means, in which case this lease shall
leoninale and Tenant shall immediately sunender POSsession 01 the Premises to landlord. In this even~ landlord shall be
enlltledto recoverlrom Tenanl all damages allowPrl hv anolicahl. law incurred by landlord by reason 01 Tenanl's delaul~
loci"";:,.. Lwl ".II;,:.;U 10, 11,. c~,t?1 ,O<o,c:;:,. 0::-""';0" oflk P,c".;"" '-:::;;;¡' ;~~I-:~":~;::~:~Lì~;':~;;
=;:::~~::;~ :~~ P..""oeJ), .-:-..LI<I.«."", ,I,", w"d'¡:;~ :;J:~ '.;.;;;'~ :;;;,~~e;¡~ ~
~'~~i~wL" ~IL ~o~w:.~ J~, w"':~tl_, "'p..- .d"",",, or -., ""~d~d:~~:,:îd~~~~:':.ï =';::;~ì~-;~ '¡'¡I:'~'::
;~,~::;:;:;¡,::;;..,d;"d'~I""C:A":"""""""II..w.""o"IL,,,1 ~-;;¡¡;;:¡;;~¡;';;;;;;;:";-:;::::~;~:
~.:.~:~~ ~~::-:~~41:"~',d:---~.;, d:',"'~.o,:1 ol,..J, :<,:101 " ~:' l::~i~:j:~:¡;;~~.~~~;;:,~:~ ,:.:;¡,t
:~'~~~~d~::o:~~,-;~~'~t_.ofdÜ.....",~("'m......O..~,d .. I I I,
lolhe", ,".",dl...., "fll.., ~-,..
(1» Mainlain Tenant's righl to POSsession in which case !h~ lease shall ceotinue in effect whether or not T enanl
shall have abandoned the Premises. In this evenl, landlord shall be entilled 10 enforce all 01 landlord's rights and remedies
U'1der th~ lease, Including the right 10 recover the renl as il becomes due under the lea... nmvldPrl hOWPVPr Ihar I andlonf
hi< a d..1v In mhleal. ", dam..- hv ,PPI<lnoln ",1.llh. P",ml,_.
(el Pursue any other remedy now or afterwards available to landlonl under the laws or ¡ooidal decIsions 01
the slate where the Premises are Iocaled.
17.3 We~ Tenanladcnawledges that late payment by Tenant 10 landlord oIrenland other sums due under this
lease will "'use landlord 10 incur costs not ceolemplaled by!h~ lease, the exact amounl of which will be extremely difficult
10 ascertain. These costs include, but are oot limited 10, processing and accounting chaq¡es, and late chaq¡es which may be
imposed on landlonl by the leons 01 any mortsage or deed 01 trusl covering !he Premises. AcCOrälOgly, il any inSlaliment
of renl or other sums due from Tenanl shall not be received by landlord or landlonl's agenl within fñoe-f5IliItemilil.days
after the amounl shall be due, then after "itho.I.", "~oi,o..,~01 oloolice 10 Tenan~ Tenanl shall pay 10 landlord a lale
chargeofSeventy.five Dollars ($75) plus aft", nnllr. !\nm I andlnnf In T~anlnl..rh dPllnn..~1 a"""mr onepercenl (1'1.)
per moo!h inteii;¡ On the delinquencies from the IlQ1iœ.dale due until payment The parties agree thai !his lale charge plus
inleresl represents fair and reasonable estimale 01 the cost landlord will incur by reason 01 lale paymenl by Tenant.
Aoceplancc of the late charge by landlonl shall in 00 evenl ceostiMe a waiver ofT enanl's default wi!h respect 10 the overdue
amounl, nor prevenllandlord from exercIsing any of the olher rights or remedIes granted 10 landlord under this lease, or
at law or equhy,
17.4 Default by landlord. landlord shall nol be in default unless landlord fails 10 pertonn obligations required 01
landlord within a reasonable time, bul in any event withIn (30) days after wrinen noüce b, «,ti~<d ....a by Tenanllo
landlonland 10 the holder of any 1i"1 mortgage or deed oltrusl covering !he Premises whose name and address shall have
Iherelofore been fumished 10 Tenanl in writing. Said notice shall specify wherein landlord has failed to perfonn such
obligalion; provided, however, thai it the nalure 01 landford's obIigalion is such that more than thirty (30) days are œasœabIx
required br peri¡nnance, then landlord shall not be in default il landlord commences performance wl!hin such !hlrty (30)
days period and thereafter diligently prosecutes the same 10 completion, Tenanl further agrees not 10 invoice any 01 ils
remedies under this lease until said thirty (30) days have elapsed. Inho",.,tJI,.IIh.,"oIl~.- d., ';&I'~
Morri,PihaMana.....nIGraup,lnc. 10 I ~
{)¡;
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*
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ma, I'" T....,d ..;~,I,.IJ .<..1 v, ct.;..,. .-lv(Hu",,",t.
18.
RULES AND RFGlJl ATlON)
Tenan! shall (aith(ully obse"'eand comply with all <ecmded covenants, conditions and resl,;clions affecting the P,.mises,
all exisling rules and regulalions which I.nriln", <h.1I riplivpr tn T""anl n,;nr '0 p,,'notion and all œas<>nahJe rules and
regulations Ihat landlord lO.1y (rom time 10 time make to facilitate the reasonable ope..tion of the Building of which the
Pœmises are a pan or the complex in which it is Iocaled or to comply with the requirements o( any govemmental entity or
in,u..nce company (collectively called 'Rules'). Undlord """'es the ,;ghl to modify the Rules from time 10 time. The
Rules and any œas<>nahJe modifications shall be binding upon Tenanl upon delivety of a copy of the Rules 10 Tenant.
landlord shall nol be responsible to Tenanl (or the failu,. of any other lenants or occupants to comply with the Rules;
DroviriPrl however thaI I aorllorri <hall ",p 11< ho><o pffOrt< In """,irp <0"",, romnlianrp hv thp other Ipnano< orr"nanl< or
~
19.
HOLDING OVF~
19.1 HoIdingOver- l(Tenanl remains inpessession of the Premises or any pan thereo~ anerthe expi..tion o(the lease
T eon COo<i<lin. or Ihe Inllial 'on; r I I, R T pon\. with the express wrillen consenl of undlord (which consenl may be
gr3Oled, withheld orcondiliooed al the sole discrelion of Undlord), such ocCUpancy shall be a tenancy from monlh 10 month
ala minimum reol in an amounl equal to one hundred twentypercenl (120%) of the lasl monthly Minimum Rent, plus all
additional ÆOt and orhercharges payableheremder, and upon all the leans hereof applicable 10 a monlh-Io-monlh lenancy.
19.2 Abandonment. ¡XC"",,, olhpowi<p a"lho,;,Prl h"",'o Tenanl agrees not 10 vacale or abandon the Premises aI any
time during Ihe lease Teon. Should Teoaor vacale or abandon said Premises or be dispossessed by process of law or
_ise, such abandoomen~ vacalion or dispossession shall be deemed a breach of this lease aod, in addition 10 any olher
rights which landlord may have, landlord may remove any personal propeny belonging 10 Tenanl which remains on the
Premises and slore the same, the cosl of such ,.moval and slorage 10 be Tenant's llabilily.
19.3 Yoluntary Sunende,. The volunlary or other surrender of this lease byTenan~ or a mulual caocellation Ihereof,
shall nol work a me<ger, but shall, althe option of landlord, leoninale all or any exisling subleases or sublenancies, or
operale as ao assignmenllo it of any or all such subleases or sublenancies.
20,
ENTRY BY I ANDI ORD
Aft.. "'a~ahle nnIirP 10 T """nl Undlord """'es the ,;ghllo enler the Premises to inspect the same, 10 show the Premises
10 prospective purchasers or lenanls, 10 perloon any alt...tions, improvements, repairs or mainlenance, 10 provide any
services that Undlord lO.1y deem necessary or desi..ble and 10 do any other act penniUed under this lease. T enanl hereby
waives all cLaims f<",lalO.1ges occaskx1ed by such enby .I~~:~~~~.~~::;':;' ;~~::: I :~I:-:; ::~:~;;;:; bnd!ord
mo,rc"""I.",tl".I"d,t"-,Iv,I..lIuftl"lk-o,, " ." ,.,t,. . No entry
by Undlord shall be coostrued or deemed lobe a (on:ibleorunlawful entry inlo, or a detainer of, the Premises, or an eviction
ofTenant from all or any po"ion of the P,.mises.
21.
ESTOPPEl CFRTIFICATF
Upon nol less Ihan len (10) days prior wrillen notice from undlord, Tenant shall execule, acknowledge and deliver to
Undlord a wriUen esloppel Ce" ficale stating CMain facts including, bul not limited 10; .
(a) Thai Ihis lease is unmodified and in full force and effect (or, if modified, staling the nalure of such
modification and ce"ilying that this lease as so modified is in full force and effect);
(1»
The daoe 10 which Ihe M;n;n",m Rent and othèr cha<ges a,. paid; and
(e) Thao thereareno~ to Tenant's knowledge, any uncured defaults on the pan of the Undlord (or specilying
such deCaults if""yare claimed).
The stalement shall be in any Conn thaI Undlord provides 10 Tenant anriammvPrl liv T""ano'< Ip.,1 ro"n<pl. Any
such stalement may be ,.lied upon by any prospective purchaser or encumbrancer of all or any po"ion of the Building or
Ihe ,.al property upon which it is located.
22.
llillS.S
Tenant shall nol pLace any signs or symbols in the windows or on the doors of the Premises or upon any pan of the Building
withoul Ihe prior written Consent of landlord, which ron<"", <hall nol he '",I'I"'onalilv withhplri 'anriln", i< rippmPrl tq
ConI""! 10 anv <i.n< in romnlianrp with Ihp îilv'< <i.n rorle Any signs or symbols shall be In confoonity wilh other signs
on the P"""ises and the Building, the Rules, and all applicable laws, ordinances and regulations. Tenant shall maintain any
such si!?, or symbol in good condition and repair at its sole cost and expense. Tenant shall ,.move such sign or symbol al
its sole cost and expense t.pon leonination of Ihe lease T eon, and shall repair all damage caused by Ihe r~
Mo,,;, Pili. Management Group, Inc. 11 PI .~
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fails 10 remove any siW1 or symbolan<Vor repair any damage caused by its removal a fie. onlko tmm ',ndlon! landlord may
have Ihe same 'emoved andlo, ,epailed at Tenant's expense.
23.
AUTHORITY OF PARTIFS
23.1 Corporate Authodty. If T enanl ~ a ca<poration, each individual execuling Ihis lease on behalf of said corporation
-~ and warrants that he or she is duly authorized 10 execute and deliver this lease on behalf of said Corporation, in
accordance with a duly adopted resolution of the board of directo" of said corporalion authodzing and ronsenUng to this
lease; Specifically authorizing the designaled officet> siW1lng this lease to execute, acknowledge and delive, the same
without the COOsent of any other offICer or oIficeß; """Iving that such action and execution is in accordance with the bylaws
of said corporation; and, resolving that this lease is binding upon said corporation in acCordance with its lenns.
23.2 Partnershõps. If the l.1ndlord herein is a limited or general partnership, it is underslood and agreed thaI any claims
by Tenanl ~gainst landlord. shall be limited to. the as~~ ~~the limiled or general partn..."ip. ~~ ~:::~i::¡;;;: ~~:;t .i
=";':':;~~~:~~tse~~;~:!:':~td""'d":~""~:h'C"'~~'~~;;J'~".<to. .
co.""..t.p.."'..."C..ttoll,--tc"t.Ád"i,i..ro..'ti,,"iJIi...it.do..,.1 . ~,i.
24.
GENERAl PROVISIONS
24.1 Exhibits and Addendums. Any exhibits and addendums attached to this lease are a part hereof and are fully
incorporated in this lease by this refe,ence.
24.2 Non-Waiver of Default ~ bInc!Ion:I'> waiver of any tenn, covenanl or condiUon of this lease shall nol
be deemed 10 be a waive, of any olher tenn, Covenanl or condition or any subsequent default under the same or any other
tenn, covenant or condilion. l.1nd1ord's acceptance of any sum shall not be deemed 10 be a waiver of any preceding default
by Tenant other than the failure ofT enant to pay the particular sum so accepted, regardless of landlord's knowledge of such
p'eceding default al the time it accep~ the sum.
24_3 Joint Obligations. if there is more than one Tenant, the obligaUons of the Tenants ooder this lease shall be joint
and several.
24.4 Section Tides. The section litles of this Lease are not a part of this lease and shall have no effect upon its
construction or intetpretations.
24.5 Time. Time is of the essence of this lease and each and all of its provisions in which peñonnance is a factor,
including. but not limiled 10, Tenant's execution of estoppel certificates and subordinations and Tenant reimbursements to
landlord.
24.6 Successors and Assigns. The covenants and condiUons of this lease apply to and bind the hei", successOt>,
execut"", administrat"" and assigns of all parties of this lease.
24.7 Recordation. A short Io,m memorandum may be reèorded at Ihe 'equesl of either party, and at the requesting
party's expense.
24.8 QuietPossessIon, Subject 10 all theprov~ions of this læse and provided Tenanl pays all sums due under this Lease
and obseIves and perfonns all of the other maœdalcovenants, conditions and provisions 10 be observed and peñonned by
Tenant TenanlShail have quiet possession of the Premises for the enUre lease Tenn, against any adverse claim ollandlord
or any party claiming under landlord.
24.9 Prior Asreoments. This lease contains the full agreement of the parties with respect 10 any mailer covered or
menUoned in this lease. No prior agreements or unde"tandings pertaining to any such mailer shall be effective for any
purpose. This lease may be amended or supplemented only by an agreement in wriUng siW1ed by the parties or their
resPective succesSOt> in inte,est.
24.10 lnab~i!y to Perlonn. Except as provided in Section[.-+3-ond) 14, this lease and Tenant's obligaUons hereooder,
including Tenan!'s obligation to make payments, shall not be affected or impaited because landlord is unable to fulfill any
of its obligations, or is dela~ in doing so, if such inability or delay is caused by reason of weather, st'ike labor troubles, acts
of God, or any othe, cause beyond Ihe ,easonable contlOl of the landlord.
24_11 Severability. Any plOvision of this lease which shall prove to be invalid, void or illegal shall in no way affect,
impai, 0' invalidate any olher p,ovision, and all oth., plOvisions shall remain in full force and effect.
24.12 Cumulative Remedies. No remedy or election under this lease shall be deemed 10 be exclusive but shall,
wheneve, possible, be cumu"'ive with all oll1e, remedies at law or in equity.
24.13 Choice of law. This lease shall be govemed by the laws of State of Washington.
24.14 Attorney's Fees. In the event any action or proceeding is blOught by either party against the other arising oul of
or in connection with Ihis lease, ~ the p"..":,,. e.'" shall ~be ",:t:tU... '¿w.è, i~~
Morris Piha Management Group, Inc. 12 {¡;}f J -
ß- ~
but not I;..,;kd to, ,,'Jv..ob'" atlomey's and accountant's f...~ incurred in such adion or proceedings, including
any appeal.
24.15 Notice. All notices or demands which are required or permitted to be given by either party to the other under this
lease shall be in writing. Except as othe<wise provided in any addendum, all notices and demands to the Tenant shall be
eilher personally deHvered or sent by the US Mail, regislered or certified, poslage pœpaid, addressed 10 the Tenant at the
Premises, or at the address set forth below, orto such other place as T enanl may from lime to lime designate in a notice to
the landlord. Excepl as provided in any addendum, all nolices and demands 10 the landlord shall be either personally
delivered or sent by US Mail, registered or certified, postlge pœpaid, addressed 10 the l4ndlord at the address set forth below,
or to such other person or place as the landlord may from lime 10 lime designale in a nolice to the Tenant Any nolices sent
by US Mail as provided above shall be deemed to have been received three (3) days after deposit into the mail as set out in
Section [~ L.ll and fH3J ,¡.g.
24.16 Subordination. At landlord's oplion, this lease shall be subject to and subordinate to the Hen of any ex is ling or ð
futuremo<1gages or deeds of trust in any amount or amounts whatsoever, now or hereafter placed in or against the Building
or the real property ""'" which it is Ioc.1ted, and to any extensions, renewals or replacements thereof, without the necessity
of the execution and deHvery of any further instruments on the part ofTenant to effectuate such subordination. Upon
landlord's request, Tenant .will execute and deHver such further instruments as may be appropriate to evidence such
subordination of this lease. As long as Tenant is not in default under this lease, ..id subordination shall not dislurt> Tenant's
right 10 possession of the Premises.
24.17 Attomment In the event of foreclosure, or the exercise of the power of ..Ie under any mortgage or deed of trusl
made by landlord covering the Premises, or in the event of any ..Ie in lieu thereo~ Tenant shall attom to the purchaser upon
any such fO<edosure or ..Ie and recognize such purchaser as landlord under this lease; provided ..id purchaser expressly
agrees in writing that SO long as Tenant is not in default under the lease, Tenant's possession and occupancy of the Premises
shall not be dislurbed and ..id purchaser will thereafter perform all of the obligations ofl4ndlord under this lease.
24.18 Guarantor. In the even I that there is a Guarantor of this lease, the Guarantor shall have the ..me obligations as
Tenant under this lease.
24.19 Compliance with Environmental laws. The parties acknowledge that there are certain federal, state and local laws,
regu~lions and guideHnes now in effect and thai addmonal ~ws, regulations and guidelines may hereafter be enaded relaling
to or affecting the Premises and the larger parcel of land upon which the demised Premises may be a part, conceming the
impact on the environment of conslruction, ~nd use, the mainlenance and operalion of slructures, and the conduct of
business. T enanl shall not cause, or permit to be caused, any ad or pradice by negligence, or omission, or olher wise, Ihal
would adversely affect Ihe environmenl or do anything or permit anything 10 be done thaI would violate any of ..id ~ws,
regu~tions or guidelines. Any vio~tion of this COVenant shall be an evenl of default WIder this lease. Tenant shall indemnify
and hold landlord harmless (rom any and all COSt expense, claims, losses, damages, fones and penalties, including reasonable
atlorneys' fees, that may in any manner arise out of or be imposed because of the ><>Ie failure of Tenant to comply with this
Covenant The foregoing shall Cover all requirements whether or not foreseeable at the present lime and regardless of the
expense attendantlhereto.
24.20 Riders and Exhib". The Riders and Exhibits referred 10 in Section [+,H .b!Z are attached to Ihis lease and made
a parto(it.
25.
.IlRQKER5
T enanl warrants thaI il has had no dealing with any real estate brok", or agent in connection with the negolialion of this lease
except for Morris Piha Managemenl Group, Inc. and it knows of no oth", real estate broker or agenl who Is enlitled to a
commission In connection with this lease. landlord agrees 10 pay Morris Piha ~t Group, Ine. upon the execution
of this lease by both landlord and Tenant the Broker Fee for negotiating this lease.
26.
lEGAl nOClJMENT
Tenant understands Ihat Ihis is a legally binding contract. Tenant has carefully read each of its provisions, and prior to
execution of Ihe lease, represents and warrants Ihal Tenant has discussed the legal effect oflhe lease with Tenant's legal
counsel.
27.
DISCI OSIJRF OF AGENCY REPRFSENTATION
AI the signing of this lease Agreement, Morris Piha Managemenl Group, Ine. represents the l4ndlord. Each party signing
this document confirms thaI prior oral and/or writlen disclosure of agency was provided to them in this lransaction.
Morris Piha Management Group, Inc.
13
t91~
5-14
IN WITNESS WHEREOF, the parties ha.e executed this instrument as of the day and year first abo.e wri"en:
By:
lis:
TENANT: CITY OF FEDERAL WAY
Br~~~~
Its: City Manage,
APPROVED AS TO FORM:
~Iome:
=::>
THE OBLIGATIONS OF TENANT ARE GUARANTEED BY: N/A
K:\docum"nl~ease2.pd
11/2519B
Mo"ls Piha Management Group, Inc-
14
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STATE Of WASHINGTON
I
Iss.
I
PARTNERSHIP ACKNOWLEDGMENT
COUNTY OF KING
On this day pe<sonallyappea<odbe(oreme ();,.v.d Be-nol I e \ to e known to be the Individual
who execuled Ihe within and (o'egolng Instrumenl as duly appointed c "-r for
INTER CO.QP USA NO. III, and acknowledges 'hat he/she signed the same as hi""., (ree and voluntary ad and deed and
on oa'h slating tha' hl""e, poWe" au'horlzlng 'he execution of this instrument have no' been revoked.
GIYENunde,myhandandofficlalseallhe Lji:!1dayo( Dec..e.mÞe.r ,19~.
~\ .~~_N.:¡ú NO~~t~~
. Q)'¡-""~"" ';",é'~,
f o"..~otAl!r"~': ~ '. Kob€x-r 'Be.t'\SU>,;e-<\
~ ~\ :¡;:-.i:.8i: . PRINTED NAME Of NOTARY
,..~~
\;"~ '...~.!~.~~~~+~.
.,....,~~"'~,~,~.........
;
Notary Public In and (or lJ¡e State of Washlng'on,
resldingatF\r\".lC<l\ó .
My Commission Expires: L1 - \<1 -;).000
STATE Of WASHINGTON
I
Iss.
I
COUNTY Of KING
On 'his day pe"onaliy appeared before me, the unde"lgned, a No'ary Public in and for 'he S'a'e o(Washlngton,
dulycommiSS<>ned and sworn, Kenneth E. Nybe.glf'h;flp 8. Kelchlle, (c,õ,. ",,'aloe), 'a me known to be the City Manager
fB.p.~ C~ 'la"'gerk.." aut""e) oflhe Clly of fede..1 Way, a Washington municipal corpo..llon, the corpo..llon 'ha'
execu'ed the foregoing In"rumen" and acknowledged the said In"rument to be the flOe and voluntary act and deed of said
Corporation, (or 'he uses and purposes the'ein mentioned, and on oath sta'ed 'hat he was authorized to execute 'he said
insUument.
GNEN under my hand and official seal 'his /:;;t'daYOf De.ct'""l>er ,19<73.
~J7(~
NOTA Y SIGNATURE
E;/t:..e." Röbt'"son
PRINTED NAME OF NOTARY
Notary Public in and for the State o(Washlngton
My commission expires: /-ól'l-ð,},..
EILEEN ROBINSON
STATE OF WASHINGTON
NOTARY--PUBLIC
IfY COUIIISSWfl Dl'lRES 1-29-02
Mo"ls Plha Management Gro.p, Inc.
15
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10-2/
To Be Made A Part Of The Commercial lease Document Under Date Of DECEMBER 16, 1998,
By And Between INTER CO-OP USA NO. III, As landlord, And CITY OF FEDERAL WAY, As
Tenant.
RillfR.1t2¡¡ CANGII AnON PROVISION
Ptovided the Tenant is not in material default, Tenant shall have the tight to cancel this lease by
providing one-hundred twenty (120) days prior written notice to landlord. Notice may be given
anytime aher the 18th month of the lease term. Accompanying the written notice to landlord shall
be a check in the amount equal to five (5) months of rent at $19,408.79 per month, or remaining J
lease payments due under the lease, whichever is less, tepresenting a penalty and liquidated
damages fot exercising said cancellation. Tenant shall remain obligated to pay rent during the 120-
day period after notice is given.
Morris Ptha Management Group, Inc.
16
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EXHIBIT A
LEGAL DESCRIPTION
fARlli
"9th Avpnue Cpnlpr"
lot 11 of West Campus Business Park, as pet Plat recorded in Volume 97 of Plats, pages 78
through 82. Records of King County:
Together with an easement fot community driveway purposes ovet the North 18 Feet of Lot 10
in said Pial: .IJ
Situate in the County of King, State of Washington
M.,,¡. Pih.1 Management G,.up, Inc.
17
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Jnitt~
Bldg, A
Bldg. B
Bldg. C
Bldg.D
. All Square Footaga
Figures Ate Apptoxlmate
'""
'-"
EXHIBIT B
MAP OF PREMISES
fRtlH-HORRIS PIHA HANAGEHEHT
NINTH AVENUE CENTER
34004.34016 91h Avanua Sou1h
Lak""""'m
3,894 SF
""""'W'Y
p-
4,521S'
""~IW.yP.""
12,525 S'
Fwfli Wry Pob
4,0706F
r--
'....,.,Wry
P-
'.'IIISS.
uPO . UnIcare
'3"'" SF
"
N-
-
3,175"
6fOnToch
-
3,292 SF
Carlino
c.n.tnø:tIoo
722 SF
Mo,,'s Piha Management Group, Inc.
18
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EXHIBIT C
PARKING AREA
'ë';~~'::::";-~'::::Fi*:::'::': . , " c:, JfF'Æ"F ,"
. ?,>' 4J:'¿r¡¡;~mu nørr r":~;' );;; r t'í'I;~i
{ . ' , '(!!) 5,,1;;;"~;«~;;;~ : A" "-v""<;
Lair, 1.0
:
.I.U1\VtroR'S CERrmCATIOjj
~~ò~~~n
"^" AS<oc"""". A c:.u.r1'O1IHL<
1IISVR.<H;¡:'C<>IPANr. DlIs IS ,
"m>! rr IS lIAS"'. ""'" XADC
= 'W'AL~ ~~ '1:',
...97
"""1/<
;
!
i
@. """'-0 Coo'«~'" I-~v-,_r
~;: : ~:;:- -::::, i
@. A'or..", or ".-..'j"e '-""^" ""'" -
(:'" ""'I_.~~ 1.,,/... -r...
-'-~.~~
Lé.ce.ND
Moni. Piha Managemenl Group. Inc.
19
PAAKII<: sPACE CERmIC'!Ja"
I H!:R£u> C"'my 10 xaLL/O"C
COI1POSED OF 01!lr',Q¡¡ "OI'ER "( II
loNe ROLL fED!:RJ.!. YAY ASSCX:lA!1
IIW<SAH!:RICA TI1U INS1J1WI::E (
- I~IIE aU>! I.OC\TII> 8Y JJ
'Ð? InIU~---
&25
MEETING DATE:
February 19,2002
ITEM#
~(G\)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 City Council Retreat - Work Program Motion to Adopt
CATEGORY:
BUDGET IMPACT:
0
0
i:8J
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0.00
$0.00
$0.00
ATTACHMENTS: Capital Facilities Plan, Development Permit Review, and New City Hall Work Programs and
Timelines
SUMMARYIBACKGROUND: During the January 2002 Retreat, City Council discussed the I) planning and financing
of future capital inyestments and 2) the deyelopment permit review and approval process. At the February 5, 2002
Regular Council meeting, a Resolution directing the development of a detailed Capital Facilities Action Plan and a permit
review work program and timeline was approyed. The Resolution outlined specific elements of the work plans as follows:
The Capital Facilities Work Plan should include I) prioritization of capital projects based on Council criteria, 2) public
inyolyement process, and 3) potential options to fund the CFP projects.
The City Hall Work Plan should include 1) an analysis of potential cost of two or three alternative sites in the city center
core, city center frame, suburban locations, and the current location, 2) a community outreach program to inform the
public and obtain input on site selection and funding options, and 3) identification offunding options, and a mechanism
for integtation into the 2003-04 budget and the Comprehensive Plan.
The Deyelopment Permit Reyiew Work Plan should include I) identification of improvements that can be implemented
immediately, 2) survey of past development permit customers, 3) outreach and involvement of various stakeholders, and
4) research to identify best practice permit approaches.
CITY COUNCIL COMMITTEE RECOMMENDATION: nla
PROPOSED MOTION: "I move approval of the attached work programs in concept for the capital facilities plan, new
city hall, and permit review, and direct the staff to proceed with the programs outlined.
CITY MANAGER APPROVAL:
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDffiEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
Work Plan for
Capital Facilities Plan Development and Community Involvement Process
Goal:
Conduct public involvement process to gather community input for the development and adoption of the city's capital
facilities plan.
Staff Team: Donna Hanson (lead), Jennifer Schroder, Cary Roe, Iwen Wang
ACTIYITIES
I. Startup
. Council review current capital project priorities, funding
status, potential funding options at January retreat
. Council review/approve capital facility work plan
. Staffreprioritize projects consistent with Council retreat
direction
. Public Involvement and Prioritization Process
. Staff prepare presentation material based on council
retreat infonnation and the 2002 City Services Survey
w/added capital funding question
. Conduct public involvement process including
presentations to:
i. Open houses
ii. Community setVice organizations
iii. Appointed committees/commissions
. Distribute survey via:
i. City newslettet, website
ii. Public buildings (city hall, libraries, St Center, etc)
iii. Public forums and meetings
. Develop Capital Facilities Plan
. Staff summarize community input and present findings to
Council and public
. Staff prepare draft plan document consistent with Council
retreat direction and community input
. Council review, modify plan and funding options
. Public hearing
. Council adopt six-year capital facilities plan including
proposed funding plan (planning document)
. 2003-2004 Budget Development and Adoption
. Staff develop 2003-2004 budget and incorporate "current"
portion of projects in the Capital Facilities Plan
. Budget public hearing
. Council adopt 2003-2004 operating and capital budget
(funding document)
c:lwindowsltemp\2002 efl.doe
M
TIMELINE
M J J A
0
A
0
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Work Program for New City Hall
Prepared for the City Council- 2/12/02
Work Program Goal:
Using a thorough public involvement process, analyze potential sites and explore funding issues in order to provide the City
Council with valuable information and recommendations on both siting and funding a new city hall.
Staff Team:
Derek Matheson (lead), Patrick Doherty, Donna Hanson, Anne Kirkpatrick, Jenny Schroder, and Iwen Wang
:wk
1. Startup
. City Council discusses city hall issue at January retreat
. Staff finalizes work program for adoption by City Council
. Staff submits draft work program to City Council
. City Council adopts work program
2. Community involvement process
. City solicits/appoints a City Hall Advisory Committee
. Committee convenes and reviews work-to-date
. Committee discusses and holds public forums on both site issues and financing
issues
. Committee provides preliminary recommendations on preferred site area (i.e.,
core, frame, suburban, current site, etc.) and financing issues to City Council
. City Council selects preferred site area
. Committee provides final report to City Council on site issues and financing
issues
3. Analyze the location and costslbenefits ofaltemative sites
. Staff hires outside agent to identitY and cost out two to three sites each in the City
Center Core, City Center Frame, suburban areas; plus considers current City Hall
. Outside agent assists committee and staff with site issues
. Committee and public discuss site options as part of community involvement
process
4. 2003-2004 budget development and adoption
. Committee and public discuss funding options as part of community involvement
process
. City Council incorporates preferred funding option into budget
1 EM AMI 1 A S Q ~ D
Development Permit Review and Approval Process
Work Program and Timeline
Goal: Solicit input from stakeholders in order to improve the permit review process and the community's perception
of the City's level of service.
Staff Team: Donna Hanson, Cary Roe, Kathy McClung, Bob Stetbank, lwen Wang
ACTIVITIES
I. Startup
. Council discussion and direction concerning development
permit review and approval process at January retreat
. Council review/approve ofwotk plan and timeline
. Implement immediate improvements in service and public
relations
. Outreach to stakeholders
. Convene a stakeholders' forum representing developers,
citizens, Chamber, and environmentalists
. Survey of permit applicants for past two years
. Provide ongoing counter survey
. Research other agency "best practices"
. Recommended agencies
. Indicated "positive" experience in survey
. Review stakeholder input and best practices tesearch to
determine possible changes in the following areas:
. Code changes
. Procedural Changes
. Staff training and culture
. Determine level of service
. Implementation
. Prepare a report on findings from stakeholdet input and
reseatch
. Make presentation of findings, recommendations, and
budget impacts to the City Council
. proactively communicate changes to the stakeholders and
the community
. Implement approved changes where code and budget
revisions are not required
. Initiate code revisions through the Planning Commission
. 2003-2004 Budget Adoption
. Staff develop 2003-04 budget to incorporate changes that
will impact funding
. Budget public hearing
. Council adopt 2003-2004 budget
. Implement approved changes requiring budget appropriation
i:\acmlwork program. doc
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D
A
0
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MEETING DATE:
February 19,2002
ITEM# -m: [b)
--~-""-"-~"-"-"~"-~-------"-"---~-"~--------"-"--
------~------~~---"~~~
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Resolution amending City Council Rules of Procedure
CATEGORY:
BUDGET IMPACT:
D CONSENT
[8J RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft Resolution amending the City Council Rules of Procedure
--~-------
SUMMARYIBACKGROUND: At the conclusion of the Council retreat on January 12,2002, the Council agreed to
amend portions of the City Council Rules of Procedure to make minor changes concerning citizen comment, motions by
counsel members, appointments to citizen advisory committees, and other miscellaneous matters. The attached draft
resolution amends the Rules of Procedure as agreed during the Council retreat. Exhibit A to the Resolution illustrates the
amendments in underscore/strikeout fonn.
--------------
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
----~--"~~--"
PROPOSED MOTION: "I moye approval of the draft Resolution amending the City Council Rules of Procedure."
~--"~-"-~-"~-~~--~--"---------
~ ~ ~---------~-
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
[8J APPROVED
D DENIED
D TABLEDillEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
RESOLUTION NO-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE CITY
COUNCIL RULES OF PROCEDURE. (AMENDING
RESOLUTION NOS. 92-92, 92-98, 92-110, 92-116, 92-126, 93-137,
94-161,94-176.94-185, and 94-191).
WHEREAS, RCW 35A.12.120 authorizes a City Council to determine its own rules
and order of business; and
WHEREAS, the City Council Rules of Procedure were adopted on January2l , 1992,
and amended on March 17, 1992, May 19, 1992,July2l, 1992, December 15,1992, April 20, 1993,
January 18, 1994, June 7,1994, September 21,1994, December 6,1994, and November 16 1999;
and
WHEREAS, the City Council wishes to amend its Rules of Procedure, Sections 2 and
5, relating to citizen comment, Section 6, relating to motions, Section 20, relating to appointments to
citizen advisory committees; and
WHEREAS, the City Council wishes to correct errors in Sections 2.2, 2.4, 19.2, 21.9,
22.4, and Appendix "A";
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOL YES AS FOLLOWS:
Section 1. AInendment. The Council Rules of Procedures shall be amended, as set forth in
Exhibit "A", and incorporated herein by reference as if set forth in full.
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 ofthe 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:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
k:\reso\ccrule.amend 2.12.02
Res. #_, Page 2
CITY OF FEDERAL WAY
CITY COUNCIL
RULES OF PROCEDURE
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21, 1994
December 6,1994
November 16, 1999
February.2002
OFFICE OF THE CITY CLERK
INDEX
SECTION NO.
TITLE
Authority
2
Council Meetings
3
Agenda Preparation
4
Council Discussion
5
Citizen Comment
6
Motions
7
Ordinances
8
Mayor and Depnty Mayor
9
Council Relations with City Staff
10
Council Meeting Staffing
11
Council Member Attendance at Meetings
12
Public Hearings
13
Media Representation at Council Meetings
14
Council Representation
15
Confidentiality
16
Council Travel & Expenses
2
PAGE NO.
4
4
8
10
10
10
12
13
14
15
15
16
16
16
17
17
SECTION NO. TITLE PAGE NO.
17 Public Records 25
18 City Manager Evaluation Process 26
19 Mayor/Deputy Mayor Selection Process 27
20 City Advisory Committees 27
21 Council Committees 31
22 Filling City Council Vacancies 32
23 Miscellaneous 35
24 Suspension and Amendment of Rules 35
3
SECTION 1.
1.1
AUTHORITY
The Federal Way City Council hereby establishes the following Rules of
Procedure ("Rules") for the conduct of Council meetings, proceedings and
business. These Rules shall be in effect upon adoption by the Council and until
such time as they are amended or new Rules adopted in the manner provided by
these Rules.
SECTION 2.
2.1
COUNCIL MEETINGS
TYPES OF MEETINGS
(1)
(2)
(3)
Ree:ular Meetine:s. Council's regular meetings will be held the first and
third Tuesdays of each month in Council Chambers, City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and will
adjourn no later than 10:00 p.m. To continue past this time of
adjournment, a majority of the Council must concur.
If any Tuesday on which a meeting is scheduled falls on a legal holiday,
the meeting shall be held at 7:00 p.m. on the first business day following
the holiday, or on another day designated by a majority vote of the
Council.
Special Meetine:s. A Special meeting is any Council meeting other than a
Regular Council meeting. Notice shall be given at least 24 hours in
advance specifying the time and place ofthe meeting and the business to
be transacted. A Special Council meeting may be scheduled ,by the
Mayor, City Manager or at the request of a majority of the Council
Members.
Study Sessions. Council's Study Sessions will be held, when needed, as
follows:
Study sessions may be called by the Mayor, City Manager or by two (2)
or more Council Members.
Study Sessions will be informal meetings for the purpose of reviewing
forthcoming programs, receiving progress reports on current programs
or projects, or receiving other similar information. The Mayor and City
4
2.2
Manager will determine on-going dedicated schedules for regular Study
Sessions.
No final decisions can be made at a Study Session. Decisions on those
issues will be scheduled for a Regular or Special Council meeting.
(4)
Emerl!encv Meetinl!s. An Emergency meeting is a Special Council
meeting called without the 24-hour notice. An Emergency meeting deals
with an emergency inyolving injury or damage to persons or property or
the likelihood of such injury or damage, when time requirements of a 24-
hour notice would make notice impractical and increase the likelihood of
such injury or damage. Emergency meetings may be called by the City
Manager or the Mayor with the consent of a majority of Council
Members. The minutes will indicate the reason for the emergency.
(5) .
Executive Session Meetinl!s. An Executive Session is a Council meeting
that is closed except to the Council, City Manager and authorized staff
members and/or consultants authorized by the City Manager. The
public is restricted from attendance. Executive sessions may be held
during Regular or Special Council meetings and will be announced by
the Mayor or the Chair of the Special Council Committee, respectively.
Executive session subjects are limited pursuant to Chapter 42 RCW,
including considering real property acquisition and sale, public bid
contract performance, complaints against public officers and employees,
public employment applications and public employee evaluation, elective
office appointments and attorney-client discussions.
Before convening an Executive session, the Mayor or Chair shall
announce the purpose of the meeting and the anticipated time when the
session will be concluded. Should the session require more time, a public
announcement shall be made that the meeting is being extended.
ORDER OF REGULAR COUNCIL MEETING AGENDA
(1)
Call Meetinl! To Order
The Mayor calls the meeting to order. The Mayor will announce the
attendance of Council Members and indicate any Council Member who
is not in attendance and whether or not the Council Member has an
excused absence. The Mayor may, with the concurrence of the Council
Members, take agenda items out of order. Agenda items may be added
pursuant to Section 3.3 of these Rules.
5
(4)
(2)
Pledl!e of Allel!iance
Council Members and, at times, invited guests lead the flag salute.
(3)
Proclamations and Presentations
A Proclamation is defined as an official announcement made by either
the City Councilor the Mayor.
City Council Proclamations are defined as those non-controversial
events which have a major citywide impact. City Council Proclamations
shall be publicly read at a City Council meeting and presented to a
representative of the eyent during the Council meeting.
Mayor's Proclamations are defined as those non-controversial eyents
which are requested by and for a special interest group within the City.
Mayor's Proclamations are signed by the Mayor and forwarded to a
representatiye of the event.
The Mayor and City Manager shall determine if the Proclamation
request is for a City Council Proclamation or a Mayor's Proclamation.
Controyersy is defined as a dispute, especially a lengthy and public one,
between sides holding opposing views.
City Manager - Introduction of New City Employees and Emerging
Issues
Citizen Comment
Members ofthe audience may comment on items relating to any matter.
Citizen comment sign-ups will be available at each regular council
meeting for the use of those citizens wishing to address the Council.
Comments are limited to three (3) minutes. No speaker mav convev or
donate his or her time for speakinl! to another speaker.
The Mayor may allow citizens to comment on individual agenda items at
times during any regularly scheduled City Council meeting other than
the regularly scheduled Citizen Comment period. These agenda items
include, but are not limited to, ordinances, resolutions and Council
Business issues. (See also Section 5, "Citizen Comment" ofthese Rules.)
6
(7)
(8)
(9)
(10)
(11)
(5)
Consent Ae:enda
Consent Agenda items have either been fully considered by a City
Council Committee or are considered to be routine and non-
controversial and may be approyed by one motion. Items on the Consent
Agenda include but are not limited to, minutes, resolutions and
ordinances discussed at a previous City Councilor Committee meetings,
bid awards and previously authorized agreements. Any Council
Member may remoye any item from the Consent Agenda for separate
discussion and action.
~ Public Hearinl!s
See Section 12 of these Rules for discussion of public hearing procedure.
Council Business
Council Business items are usually those items other than resolutions
and ordinances requiring Council action.
Introduction and First Readine: of Ordinances
Discussion and debate by the City Council may be held at this time.
Council Members may request amendments to the ordinance at this time
or at any time prior to adoption, direct staff to further review the
ordinance, or approve placing the ordinance on the Consent Agenda at
an upcoming Regular Council meeting for enactment as an enforceable
City law.
Council Reports
The Council Members may report on significant activities since the last
meeting.
City Manae:er Report
The City Manager and staff update the Council Members on current
issues or items of Council interest.
Adjournment
With no further business to come before the Council, the Mayor
adjourns the meeting.
7
2.3
2.4
(2)
SECTION 3.
3.1
MEETING MINUTES
The City Clerk will keep an account of all proceedings of the Council in
accordance with the statutory requirements, and proceedings will be entered
into a minute book constituting the official record ofthe Council. City Council
meeting minutes will not be revised without a majority affirmatiye vote of the
Council at a regularly scheduled Council meeting.
COUNCIL MEMBER SEATING
A City Council Member's seat at the diBsdais will be determined as follows:
(1)
The Mayor shall sit in Chair #4, the center seat at the diBsdais, and the
Deputy Mayor shall sit to the Mayor's right, in Chair #3;
The remaining Council Members will be seated north to south by
position #1 through #7, as consecutiyely as possible.
AGENDA PREPARATION
The City Clerk will prepare an agenda for each Council meeting specifying the
time and place of the meeting, and setting forth a brief general description of
each item to be considered by the Council. The agenda is subject to approval by
the Mayor and the City Manager.
3.2
An item may be placed on a Council meeting agenda by any of the following
methods:
(1)
(2)
(3)
(4)
(5)
(6)
A majority vote of the Council;
Council consensus;
By any two (2) Council Members;
By the City Manager;
Bya Council Committee; or
By the Mayor.
A draft agenda will be provided to all City Council Members who shall have
approximately 48 hours to reyiew prior to publication.
3.3
An item may be placed on a regular Council meeting agenda after the agenda is
closed and the notice published if the Council Member or City Manager
8
explains the necessity and receiyes a majorityyote of the Council at a public
meeting.
3.4
The City Clerk will endeavor to schedule sufficient time between public
hearings and other scheduled items, so the public is not kept unduly waiting,
and so the Council will have sufficient time to hear testimony and to deliberate
matters among themselyes.
3.5
Legally required and advertised public hearings will have a higher priority over
other time-scheduled agenda items which have been scheduled for convenience
rather than for statutory or other legal reasons.
3.6
Agendas will be finalized by Wednesday, noon - approximately one (1) week
prior to the Council meeting. Agenda materials will be ayailable, at City Hall,
for the Council, City staff, media and public on the Friday before the meeting.
3.7
All agenda items packet reports will be in the format provided by the City
Clerk's Office.
3.8
The Conncil may use the agenda item coyer sheet "Recommendation
Statement" language for making a motion.
SECTION 4.
COUNCIL DISCUSSION
4.1
All Council discnssion shall be goyerned by ROBERTS RULES OF ORDER.
NEWLY REVISED.
SECTION 5.
CITIZEN COMMENT
5.1
Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name for the
record, and limit their remarks to three (3) minutes. No speaker may conveyor I
donate his or her time for speakin2 to another speaker. All remarks will be
addressed to the Council as a whole. and not to individual City staff members.
Any person making personal, impertinent, or slanderous remarks, or who
becomes boisterous, threatening, or personally abusive while addressing the
Council, may be requested to leaye the meeting.
5.2
The Mayor has the authority to preserve order at all meetings of the Council, to
cause the removal of any person from any meeting for disorderly conduct and to
enforce these Rules. The Mayor may command assistance of any peace officer
9
6.6
6.7
of the City to enforce all lawful orders of the Mayor to restore order at any
meeting.
5.3
Citizens with complaints, concerns or questions, will be encouraged to refer the
matter to the City Manager, or ask that the matter be placed on a future City
Council meeting, or Council Committee agenda with the appropriate
background information. Any citizen who voices a concern or complaint at a
City Council meeting which involves a potential violation ofthe City's Code of
Ethics shall be adyised by the Council, or City Management staff, of the
existence of the City's Board of Ethics, and of the procedures for requesting
Ethics Board opinions and/or investigations from the Ethics Board.
SECTION 6.
MOTIONS
6.1
If a motion does not receive a second, it dies. Motions that do not need a second
include: Nominations, withdrawal of motion, agenda order, request for a roll
call vote, and point of order.
6.2
A motion that receiyes a tie vote is deemed to have Cailed.
6.3
When making motions, be clear and concise and not include arguments for the
motion within the motion.
6.4
After a motion and second, the Mayor will indicate the names of the Council
Members making the motion and second.
6.5
After a motion has been made and seconded, the Council may discuss their
opinions on the issue prior to the vote. No Curther citizen comments may be
heard when there is a motion and a second on the floor, unless allowed by the
Mayor.
After a motion has been made and seconded, the Council may ask Questions of
staff and/or discuss their opinions on the issue prior to the vote. No further
citizen comments may be heard when there is a motion and a second on the
floor. unless allowed by the Mayor.
When the Council concurs or agrees to an item that does not require a formal
motion, the Mayor will summarize the agreement at the conclusion of the
discussion.
A motion may be withdrawn by the maker of the motion, at any time, without
the consent of the Council.
10
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
A motion to table is undebatable and shall preclude all amendments or debates
ofthe issue under consideration. If the motion to table prevails, the matter may
be "taken from the table" only by adding it to the agenda of a future Regular or
Special meeting at which time discussion will continue; and if an item is tabled,
it cannot be reconsidered at the same meeting.
A motion to postpone to a certain time is debatable as to the reason for the
postponement but not to the subject matter of the motion; is amendable; and
may be reconsidered at the same meeting. The question being postponed must
be considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
A motion to postpone indefinitely is debatable as to the reason for the
postponement as well as .J:mt.-D&t-to the subject matter of the motion; is not I
amendable, and may be reconsidered at the same meeting only ifit received an
affirmative vote.
A motion to call for the question shall close debate on the main motion and is
undebatable. This motion must receive a second and fails without a two-thirds'
(2/3) vote; debate is reopened if the motion fails.
A motion to amend is dermed as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting,
or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda order, lay
on the table, roll call vote, point of order, reconsideration and take from the
table. A motion to amend an amendment is not in order.
Amendments are yoted on first, then the main motion as amended (if the
amendment receiyed an affirmative vote).
The motion maker, Mayor or City Clerk should repeat the motion prior to
voting.
At the conclusion of any vote, the Mayor will announce the results of the vote.
When a question has been decided, any Council Member who voted in the
majority may moye for a reconsideration, but no motion for reconsideration of a
vote shall be made after the meeting has adjourned.
The City Attorney shall decide all questions of interpretations of these Rules
and other questions of a parliamentary nature which may arise at a Council
J J
meeting. (See also Section 4 ofthese Rules.) All cases not provided for in these
Rules shall be governed by Robert's Rules of Order, Newly Revised. In the
event of a conflict, these Rules shall prevail.
I ~6.18 Roll call votes will be taken duri,ng all televised Council meetings on non-
unanimous yotes, or if requested by a Council Member, or as required by law. The
purpose of roll call votes is to assist the City Clerk in recording the vote and to
communicate to the Yiewing pnblic during televised City Council meetings the outcome of
the vote. The official meeting minutes will always reflect roll call votes on each action item.
6.19 The Presidinl! Officer's decision on a point of order mav be appealed. Ifseconded, the
appeal mav be yoted on bv the Council. An appeal mav not be amended, is not debatable
when it relates to indecorum, transl!ressions of the rules of speakinl!, the priority of
business, or if the appeal is made while the preyious Question remains pendinl!. In the
event of a tie yote, the decision of the Presidinl! Officer stands. An appeal is not in order
when another appeal is pendinl!.
SECTION 7.
ORDINANCES
7.1
All ordinances shall be prepared or reviewed by the City Attorney. No
ordinance shall be prepared for presentation to the Council, unless requested by
a majority of the Council, or requested by the City Manager or City Attorney.
7.2
Ordinances will be introduced and enacted by a Council Bill Number. After
enactment, the City Clerk shall assign a permanent ordinance number.
7.3
The City Clerk or designee shall read the title of the ordinance prior to yoting
unless the ordinance is on the Consent Agenda.
7.4
Upon enactment of the ordinance, the City Clerk shall obtain the signature of
the City Attorney. After the City Attorney's signature, the City Clerk shall
obtain the signature of the Mayor. After the Mayor's signature, the City Clerk
shall sign the ordinance.
7.5
Ordinances, or ordinance summaries, shall be published in the official
newspaper, as a legal publication, immediately following enactment.
7.6
Ordinances become effective thirty (30) days after the passage ofthe ordinance
unless otherwise specified.
12
SECTION 8.
MAYOR AND DEPUTY MAYOR
8.1
The Presiding Officer at all meetings ofthe Council shall be the Mayor, and in
the absence of the Mayor, the Deputy Mayor will act in that capacity. If both
the Mayor and Deputy Mayor are absent, the Council Members present shall
elect one of its members to serve as Presiding Officer until the return of the
Mayor or Deputy Mayor.
8.2
The Presiding Officer shall:
(1)
Preserve order and decorum in the Council chambers;
(2)
Observe and enforce these Rules;
(3)
Decide all questions on order, in accordance with these Rules, subject to
appeal by any Council Member;
(4)
Recognize Council Members in the order in which they request the floor.
The Presiding Officer, as a Council Member, shall have only those
rights, and shall be goyerned in all matters and issues by the same rules
and restrictions as other Council Members; and
(5)
From time to time, appoint Council Members to serve on City Council
and ad hoc committees.
SECTION 9.
COUNCIL RELATIONS WITH CITY
STAFF
9.1
There will be mutual respect from both City staff and Council Members of their
respective roles and responsibilities when, and if, expressing criticism in a
public meeting.
9.2
City staff will acknowledge the Council as policy makers, and the Council
Members will acknowledge City staff as administering the Council's policies.
9.3
All written informational material requested by individual Council Members
shall be submitted by City staff, after approval of the City Manager, to all
Council Members with a notation indicating which Council Member requested
the information.
13
9.4
Council Members shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants,
the processing of development applications or the granting of City licenses or
permits.
9.5
The Council shall not attempt to change or interfere with the operating rules
and practices of any City department.
9.6
Mail that is addressed to the Mayor and Council Members shall be copied and
circulated to all City Council Members by the City Clerk, as soon as practicable
after it arrives.
9.7
The City Clerk shall not open mail addressed to individual Council Members if
it is marked personal and/or confidential.
9.8
No Council Member shall direct the City Manager to initiate any action or
prepare any report that is significant in nature, or initiate any significant
project or study without the consent of a majority of the Council. New
initiatives haying policy implementation shall be directed to a Council
Committee for consideration.
9.9
Individual requests for information can be made directly to the Department
Director unless otherwise determined by the City Manager. If the request
would create a change in work assignments or City staffing levels, the request
must be made through the City Manager.
9.10
To provide staffthe necessary preparation time, Council Members will provide
staff adyance notice of any questions or concerns they may have regarding an
agenda item prior to a public meeting, if possible.
SECTION 10.
COUNCIL MEETING STAFFING
10.1
The City Manager shall attend all regular meetings of the Council unless
excused. The City Manager may make recommendations-to the Council and
shall have the right to take part in the discussions of the Council, but shall haye
no vote. When the City Manager has an excused absence, the designated Acting
City Manager shall attend the meeting.
10.2
The City Attorney shall attend all meetings of the Council unless excused, and
shall, upon request, give an opinion, either written or oral, on legal questions.
The City Attorney shall act as the Council's parliamentarian. The Deputy or
14
Assistant City Attorney shall attend meetings when the City Attorney has been
excused.
10.3
The City Clerk, or designee, shall attend Regular meetings of the Council, keep
the official journal (minutes), and perform such other duties as may be needed
for the orderly conduct ofthe meeting.
SECTION 11.
COUNCIL MEMBER ATTENDANCE AT
MEETINGS
11.1
Council Members will inform the Mayor, a Council Member, the City Manager
or City Clerk if they are unable to attend any Council meeting, or if they
knowingly will be late to any meeting. The minutes will show the Council
Member as having an excused absence.
SECTION 12.
PUBLIC HEARINGS
12.1
TYPES There are two types of public hearings: legislative and quasi-judicial.
The Mayor will state the public hearing procedures before each public hearing.
Citizens may comment on public hearing items.
12.2
LEGISLATIVE PUBLIC HEARINGS The purpose of a legislative public
hearing is to obtain public input on legislative decisions on matters of policy,
including without limitation, review by the City Council of its comprehensive
land use plan or the biennial budget.
12.3
OUASI-JUDICIAL PUBLIC HEARINGS The purpose of a quasi-judicial
public hearing is to decide issues including the right of specific parties and
include, without limitation, certain land use matters such as site specific rezones,
preliminary plats, and variances. The City Council's decision on a quasi-
judicial matter must be based upon and supported by the "record" in the
matter. The "record" consists of all testimony or comment presented at the
hearing and all documents and exhibits that have been submitted. In quasi-
judicial heariugs, Council Members shall comply with all applicable laws
including without limitation the appearance offairness doctrine (Chapter 42.36
RCW).
15
SECTION 13.
MEDIA REPRESENTATION AT
COUNCIL MEETINGS
13.1
All public meetings of the City Council, Council Committees, and Council
advisory committees shall be open to the media, freely subject to recording by
radio, television and photographic services at any time, proYided that such
arrangements do not interfere with the orderly conduct ofthe meeting. Seating
space shall be proYided for the media at each public meeting.
SECTION 14.
COUNCIL REPRESENTATION
14.1
If a Council Member appears on behalf of the City before another goyemmental
agency, a community organization, or through the media, for the purpose of
commenting on an issue, the Council Member needs to state the majority
position of the Council, if known, on such issue. Personal opinions and
comments which differ from the Council majority may be expressed if the
Council Member clarifies that these statements do not represent the Council's
position.
Council Members need to have other Council Member's concurrence before
representing another Council Member's view or position with the media,
another governmental agency or community organization.
SECTION 15.
CONFIDENTIALITY
15.1
Council Members should keep confidential all written materials and yerbal
information provided to them during Executive Sessions, to ensure that the
City's position is not compromised. Confidentiality also includes information
provided to Council Members outside of Executive Sessions when the
information is considered to be exempt from disclosure under exemptions set
forth in the Revised Code of Washington (RCW).
15.2
If the Council, in Executive session, has provided direction or consensus to City
staff on proposed terms and conditions for any type ofissue, all contact with the
other party should be done by the designated City staff representative handling
the issue. Council Members should obtain the permission of the City Manager
prior to discussing the information with anyone other than other Council
Members, the City Attorney or City staff designated by the City Manager. Any
16
Council Member having any contact or discussion needs to make full disclosure
to the City Manager and/or the City Council in a timely manner.
SECTION 16.
COUNCIL TRAVEL AND EXPENSES
16.1
16.2
16.3
PURPOSE AND ADMINISTRATION
The objectiyes ofthis policy are to provide elected officials who incur authorized
travel, subsistence, registration and rela~ed expenses while on city business,
reasonable and timely mechanisms for the reimbursement and/or the
adyancement of such necessary expenditures.
It is also recognized that City payment for business related food and beverage
for non-trayel purposes will be incurred by the City Council wherein
reimbursement will be provided. This policy statement also serves to provide
guidelines by which to determine whether or not expenditures by the City
Council may be reimbursable to the Council Member, and by which to
determine refreshments and related costs served or made ayailable at meetings
inyolying yolunteers and other quasi-employees are legitimate City
expenditures.
Claimants haye the responsibility for becoming knowledgeable about authorized
expenditures and the documentation requirements. Care must be taken to avoid
unnecessary or excessive expenditures, and those not directly and reasonably
related to the conduct of City business.
DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be paid
unless it is accompanied by a bona fide yendor's receipt. Such receipts should
show the date, a description ofthe purchase, yendor identification and amount
paid.
CLAIMS
Claims for reimbursement shall contain the following:
(1)
The name of the person who consumed the goods or used the service for
which reimbursement is requested, whether it be for meals, lodging,
transportation or any other purpose.
17
(2)
A description ofthe event, occasion or circumstances related to the claim
and the public policy or public purpose served.
16.4
MEALS
Meal costs must be incurred directly by the claimant; direct billing to the City
by a restaurant is prohibited except by way of an authorized City credit card.
Payment for table service at a restaurant, commonly referred to as a tip, not to
exceed fifteen percent (15%) of the restaurant price of the meal, is reimbursable
as a reasonable and necessary cost for such service.
16.5
PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City business is
authorized for reimbursement.
All City officials claiming reimbursement for meals consumed while on City
business shall be entitled to reimbursement not to exceed the Renzheimer
Meal/Lodging Index.
Notwithstanding the foregoing index, actual meal costs may be claimed when
they are part of a regularly scheduled business event snch as training seminar,
professional meeting, or other business meeting.
If the costs of meals for persons other than the claimant are included, those -
persons must be entitled to meal reimbursement in their own right and they
shall be listed by name and title in claim documentation.
16.6
EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1)
Liquor
(2)
Expenses of a spouse or other persons not authorized to receiye
reimbursement under this policy.
16.7
TRAVEL
Reimbursement for reasonable costs of business travel is authorized. General
guidelines are as follows.
18
16.8
16.9
16.10
16.11
CITY VEHICLE
Out-of-the-area costs of vehicle operation are authorized, such as gas, oil, tires
and necessary repairs.
PERSONAL VEHICLE
Expenses shall be reimbursed for trayel within a 300 mile radius of the City at
such rate per mile as shall be established from time to time by the City Manager
in his/her discretion, but not to exceed the then current maximum rate allowed
by the United States Internal Revenue Service for reimbursement of such
expenses for purposes of business trayel expense deductions. Trips beyond this
limit will be reimbursed at the lower of a) the established rate per mile, or b) the
lowest ayailable (other than non-refundable) airfare obtainable by the City's
Purchasing Manager plus mileage reimbursement at the then current City rate,
based upon the estimated distance between the airport and the destination.
Incidental trayel costs such as parking, ferry or bridge tolls are reimbursable as
they would be if a City vehicle was proYided.
RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and must be
approved in writing per Section 4A (Meal Reimbursement for Non-City
Officials). Vehicle rental authorization must be separately set out in any request
for approval of such expenses. Approval of vehicle rental as an item on a travel
advance request will not be considered sufficient authorization without a'
separate statement presenting the reason such an expenditure is required.
AIR TRAVEL
Arrangement for air travel on City related business shall be arranged by the
Purchasing staff of the Finance Department or as otherwise designated by the
City Manager as outlined below:
(1)
Whenever feasible, the need for air travel arrangements should be
provided by way of the normal requisition process at least 5 weeks in
advance of the departure date.
(2)
The authorized procurer will arrange for air travel based on the lowest
available (other than non-refundable) airfare for a regularly scheduled
flight which reasonably accommodates the time oftravel requested, and
the destination as specified by the requisitioning department.
19
16.12
16.13
16.14
(3)
The authorized procurer will purchase the tickets at the time the rate is
quoted and the Council Member will be advised ofthe arrangements for
acquiring the tickets.
(4)
If personal travel is combined with business related travel, the traveling
Council Member shall be responsible for paying the increase in airfare
necessary to accommodate the personal part ofthe flight. The City shall
only pay the lowest available (other than non-refundable) airfare for the
round trip between the SeattlefI'acoma airport and the business related
destination. Such payment for a personal travel shall accompany the
City's payment to the vendor for the tickets.
(5)
If changes in trayel plans occur that are the result of City business
requirements, (i.e. delays in departure, cancellations, extended stays, or
revised itinerary) any associated costs shall be paid by the City.
However, all increase in cost of trayel due to changes for personal
convenience will be borne by the Council Member.
(6)
Officials who obtain airline tickets on their own will be reimbursed
based on the lower of: a) Actual out-of-pocket cost paid for the airline
tickets or alternate means of transportation (substantiated by a receipt);
or b) the lowest (other than non-refundable) airfare available for their
time of trayel, unless an exception is granted in writing by the City
Council. In this case, the official must pay the cost ofthe travel and seek
reimbursement along with all other travel expenses. Direct billing of
airfare to the City is allowed only if ordered by the Purchasing Staff, as
may be authorized by the City Manager.
FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
OTHER TRAVEL EXPENSES
Miscellaneous trayel costs such as bus, taxi, bridge or other tolls, parking, ferry,
porter, bellman and the like (not including any maid service) are authorized by
a listing of same as proYided by the reimbursement form. Payment of a
reasonable amount for porter service, bellman service and the like is considered
to be a necessary payment for such service and, therefore, reimbursable.
VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of this type
expense exceeds $10.00.
20
16.15
16.16
16.17
16.18
16.19
Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash
system, subject to the Petty Cash Guidelines.
OUT-OF-STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or oyernight
travel expense, the one way travel distance must be greater than 50 miles from
City or home.
ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable and will be
reimbursed at a maximum of the single room rate. A vendor's receipt for this
category is required for all claims. Direct billing of hoteVmotel charges is not
allowed unless by way of an authorized City credit card.
INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and includes, but is
not limited to, the following.
ALLOWABLE INCIDENTAL EXPENSES
Laundry expenses if away from home four (4) or more calendar days.
Baggage checking.
Business telephone and postage expenses. Personal telephone calls home, if
away from home for more than a 24 hour duration, are considered a business
telephone expense.
NON-ALLOW ABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to receive
reimbursement under this policy
Barber or beauty parlor services.
Airline and other trip insurance.
21
16.20
16.21
(3)
Personal postage, reading material, telephone cal1s.
Personal toiletry articles.
NON- TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subiect to the fol1owin!!:
(1)
Meals consumed by the City official during meetings and other functions
which conduct official City business or serve to benefit the City of
Federal Way are reimbursable to the official.
(2)
GeneraUy, the City will not incnr costs for refreshments, and other
related items, for meetings or functions held in the normal course of
business or that are attended solely by City officials. Howeyer, such
meetings or functions wherein a municipal function, public purpose, or
City program is served or furthered, and wherein the City Council has
expressly approved the meeting as such, the City may incur such costs
directly or as a reimbursement to employees who have incurred such
costs on behalf ofthe City.
(3)
Refreshments purchased solely for personal entertainment are not a
legitimate City expense.
CEREMONIES AND CELEBRATIONS
(1)
Reasonable expenses, including food and beyerage, associated with
commemorating a dedication or an unveiling that is recognized as
serving a pnblic purpose are legitimate City expenditures.
(2)
Private celebrations rather than public celebrations are not general1y
considered as serving a public purpose. Refreshment, food and beverage
related costs would therefore not be recognized as legitimate City
expense.
Support of a local "eyent" or celebration may not take the form of a
gratuitous contribution of public funds to a private person, committee or
organization. Expenditure of public funds on a publicly sponsored event
requires the existence of a recognizable public purpose that relates to the
City's existence, proper authorization from the legislative authority for
such public sponsorship, and a reasonable relationship between the
amount of the City's expenditure and the "public" nature of the event.
22
16.22
16.23
16.24
16.25
16.26
16.27
16.28
MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS
Council Member claims for the reimbursement of meal costs for non-city
employees and non-city officials shall be documented by a memo authorized by
the Mayor or, in the Mayor's absence, the Deputy Mayor. The memo must
identify:
(1)
The names of the individual or individuals being hosted;
(2)
(3)
Their official title or capacity as it related to City business;
The explanation of why this expenditure was an appropriate use of City
funds.
CLAIMS AND APPROVAL PROCEDURE
All claims shall be submitted for reimbursement using the form provided by the
City Finance Department. Trayel and subsistence exPenses except for incidental
and minor costs will not be paid from any Petty Cash Fund, unless as in
compliance with petty cash policy adopted by the City.
Special approvals required by this policy shall be obtained by Council
Members, from the Mayor, or in his/her absence, by the Deputy Mayor. Such
approvals shall be by separate memo which identifies the policy exception being
authorized and explains the reasons therefor.
Claims may include the reimbursable costs of other City officials who would be
entitled in their own right to claim business expenses.
Claims of Council Members must be approved by the Mayor or in his/her
absence the Deputy Mayor.
Exceptions to the expense rules for unusual circumstances may be approved at a
regular City Council meeting by a majority vote of the Council Members
present at the meeting.
In preparation of the City's annual operating budget, Council Member travel
and training expenses shall be anticipated and included in budget
appropriations. Attendance at annual conferences of municipal officials, such
as the National League of Cities or Association of Washington Cities, shall be
addressed at the time of budget adoption to reflect the number of Council
Members who will attend to represent the City.
23
Meetings, conyentions or training programs that require expenditure of funds
to be reimbursed or paid on behalf of Council Members, and that are not
anticipated at the time of budget adoption, must be submitted to the Council for
approval. The request must be presented to the Council in a timely manner
prior to the event to permit an opportunity for the Council to review and
approye or deny the request based on its merit, to allow all Council Members
opportunity to discuss the appropriate Council attendance. The request shall
include: (a) Name of organization sponsoring meeting, (b) Why attendance is
requested; benefits to the City, (c) Council Member(s) to attend, (d) Location,
(e) Attendance dates, and (t) Estimated cost to the City.
16.29
A report, oral and/or written as appropriate, shall be made to the Council at a
meeting no later than two (2) weeks following said conference, seminar or
training, in order that the full Council may benefit from the training experience
received by the Council Member who attended. A record of such reports shall
be maintained by the City Clerk.
The Mayor shall make an annual State of the City report during a regularly
scheduled City Council meeting; a written report shall be made available to the
public at the time of the meeting.
The City Manager shall proyide an Executive Summary following each City
Council retreat; a written report shall be made available to the public the first
working day following the retreat.
SECTION 17.
PUBLIC RECORDS
17.1
Public records created or receiyed by the Mayor or any Council Member should
be transferred to the City Clerk's office for retention by the City in accordance
with the Public Records Act, Chapter 42.17 RCW. Public records that are
duplicates of those received by, or in the possession ofthe City, are not required
to be retained. Questions about whether or not a document is a public record or
if it is required to be retained should be referred to the City Attorney.
17.2 (Reserved for Electronic RecordslElectronic Mail)
SECTION 18. CITY MANAGER EVALUATION
PROCESS
18.1
The Mayor, Council Members and City Manager will determine the evaluation
criteria and format for the process.
24
18.2
After the criteria have been deyeloped, the Council Members need to concur on
when the completed evaluation forms are due and who will collect these
documents.
18.3
Council Members need to discuss and decide ifthe Mayor and one (1) or more
Council Members should meet prior to the actual evaluation; this meeting
would allow time to summarize tbe comments; also, this sub-committee (of less
than a quorum) could determine recommendations for the City Manager's
employment contract amendments, including, but not limited to, salary,
performance payment, cost-of-living increase; the sub-committee can make a
recommendation to the entire Council at the time of the eyaluation.
18.4
Copies of the City Manager's current employment contract shall be made
ayailable to the entire Council.
18.5
At the eyaluation session, the summary comments may be giyen, as well as
individual comments by Council Members; the City Manager may wish to
respond which is usually at the conclusion of the Council comments; the City
Manager's contract should be discussed and any recommendations may be
concurred to by the Council.
18.6
The eyaluation is held in Executive session. Attendance is limited to the Mayor,
Council Members, City Manager and City Attorney.
18.7
The final step of the City Manager evaluation process is to haye the City
Attorney prepare amendments, if any, to the City Manager's employment
contract. This contract needs to be approved as a Consent Agenda item at a
Council meeting.
18.8
The Mayor shall prepare a press release no later than the next working day
following the Executive Session regarding the results of the evaluation. '-
SECTION 19.
MA YORIDEPUTY MAYOR SELECTION
PROCESS
19.1
The Mayor and the Deputy Mayor shall be nominated and elected from the
ranks of the sitting Council Members.
19.2
The Mayor and Deputy Mayor shall be elected for two (2) year terms at the first
Regular City Council meeting in January oftbe applicable year, by a majority
vote of the City Council in accordance with RCW 35A.12.!lá535A.I3.030 and I
.035.
25
20.6
20.7
19.3
The City Clerk or designee shall conduct the election for Mayor. The Mayor
shall then conduct the election for the Deputy Mayor. (See Appendix "A" to
these Rules.)
SECTION 20.
CITY ADVISORY COMMITTEES
20.1
Federal Way's commissions, committees and task forces provide an invaluable
service to the City. Their advice on a wide variety of subjects aids the Mayor
and Council Members in the decision-making process. Effective citizen
participation is an inyaluable tool for local government.
20.2
These advisory bodies originate from different sources. Some are established by
ordinance while others are established by motion of the City Council. It is at the
discretion of the Council as to whether or not any adyisory body should be
established by ordinance.
20.3
Federal Way adYisory bodies bring together citizen viewpoints which might not
otherwise be heard. Persons of wide-ranging interests who want to participate
in public service but not compete for public office can be involyed in
governmental commissions, committees and task forces. These bodies also serve
as a training ground or stepping stone for qualified persons who are interested
in seeking public office.
20.4
As Federal Way adyisory bodies have been formed since incorporation, the
adoption of uniform rules of procedure is necessary to assure maximum
productivity. The following policies govern the City's advisory groups; some of
these adyisory groups may have more specific guidelines set forth by ordinance,
resolution, the Federal Way City Code, or at times by state law.
20.5
Every advisory body, when it is formed, will have a specific statement of
purpose and function, which will be re-examined periodically by the City
Council to determine its effectiveness. This statement of purpose is made
available to all citizen members when they are appointed.
The size of each advisory group is determined by the City Council and the size is
related to its duties and responsibilities. Another determination to be made
prior to formation, is the cost impact for City staffing a proposed advisory body.
The Council may dissolve any advisory body that, in their opinion, has
completed its working function or for any other reason.
26
20.8
20.9
20.10
20.11
20.12
20.13
20.14
20.15
20.16
Members and alternate members of all advisory bodies are appointed by
majority yote of the Council Members during a regularly scheduled meeting.
The Council Committee of the Whole that the advisory eommittee re JortG to I
shall be convened to review, interview and recommend Citizen AdYisory
Committee appointments to the City Council at a regularly seheduled meeting. I
Any Council Member who shall attend the public interview session shall be
eligible to vote on the recommendation to be made to the full Council. A
quorum of three (3) Council Members shall be required to forward any
recommendation to the full Council. The full Citv Council shall vote on the I
appointments to the Citizen Advisorv Committee at a ree:ularlv scheduled
Council meetine:.
The City Council may approye reappointment of citizens wishing second terms
subject to any limits established by ordinance or other laws.
Council Members will raise any concerns about any recommendation prior to
the City Council meeting that is scheduled for the approval of the appointment.
Vacancies are advertised so that any interested citizen may submit an
application. Applicants must be citizens ofthe City of Federal Way if required
by the Federal Way City Code or if required by the City Council. Council
Members are encouraged to solicit applications from qualified citizens.
Applications shall be available from the Office of the City Clerk.
Lengths of terms vary from one advisory body to another, but in all cases
overlapping terms are intended. On special work task forces, where a specific
project is the purpose, there need not be terms of office.
Newly appointed members will receive a briefing by the commission, committee
or task force chairperson and/or City staff, regarding duties and responsibilities
of the members of the adyisory body. This will include a review of the City of
Federal Way Ethics Code. Each newly-appointed member will receive an
information packet which will include a Certificate of Appointment signed by
the City Council, a commission, committee or task force membership list,
responsible City staff member, statement of purpose for the advisory body
which may include an ordinance, resolution, bylaws, or annual work program
and a copy of the City of Federal Way Ethics Code.
All advisory bodies will be responsible for adopting their operating policies
consistent with the establishing resolution or ordinance.
All meetings of advisory bodies are open to the public in accordance with the
public meeting laws of the State of Washington which requires a minimum 24-
27
20.17
20.18
20.19
20.20
20.21
20.22
20.23
20.24
hour advance notice; no advisory committee will schedule a meeting earlier than
7:00 a.m.
The number of meetings related to business needs ofthe advisory group may be
set by the indiYidual body, unless set forth in a resolution or ordinance. Notice
of all meetings, including date, time, place and principal subjects to be discussed
will be published in accordance with the public meetings laws of the State of
Washington and the policies ofthe City of Federal Way.
The adYisory body chairperson will be responsible for coordinating the meeting
agendas with the appropriate City support staff.
Minutes will be kept of all meetings in accordance with the public meeting laws
of the State of Washington. The appropriate City support
staff will be responsible for preparation of the minutes of each advisory
committee meeting.
Excessive absenteeism, excluding illness or required travel, is cause for the
removal of an advisory body member. Three (3) consecutive absences will be
considered resignation from the body unless prior to the third absence, the
member has requested, and been granted, an excused absence. The advisory
body granting the excused absence will determine the yalidity of the request.
Members may resign at any time their personal circumstances change to
prevent effective service.
Members may be removed, from any advisory committee, prior to the
expiration of their term of office, by a majority yote of the City Council.
A quorum for conducting business is a simple majority ofthe membership ofthe
advisory body.
All members of advisory bodies should be aware of the need to avoid any
instance of conflict of interest. No indiyidual should use an official position to
gain a personal advantage.
Lobbying efforts by any advisory bodies on legislative, or political, matters
should first be checked for consistency with existing City policy by contacting
the City Manager's office. In the event a position is taken that differs from that
of the City's policy, an advisory body acting as an official body of the City of
Federal Way, cannot represent that position before another body, i.e., the State
Legislature or the King County Council. An individual member is free to voice
a position, oral or written, on any issue as long as it is made clear that he or she
28
20.25
20.26
20.27
20.28
is not speaking as a representative of the City of Federal Way, or as a member
of his or her commission, committee or task force.
Members of advisory bodies are encouraged to attend City Council meetings to
keep abreast of Council actions.
The City Council transmits referrals for information or action through the City
Manager to the advisory groups. These advisory groups transmit findings,
reports, etc., to the City Council through the City Manager.
While the City staffs role is one of assisting the commission, committee or task
force, the City staff members are not employees of that body. The City staff
members are directly respousible to his or her Department Director and the
City Manager.
Annually, each advisory committee shall develop a work program for the City
Council's consideration and approval. The City Council may amend the
committee's work program.
SECTION 21.
COUNCIL COMMITTEES
21.1
";'
21.2
Council committees are policy review and discussion arms of the Council.
Committees may study issues and develop recommendations for consideration
by the Council. Committees may not take binding action on behalf of the City
unless a quorum of the City Council is present, the Council Committee has been
advertised as a Special Meeting of the Whole City Council and, by majority
vote, the City Council has directed that such action occur at the Council
Committee.
Council Committee structure shall be as determined by the City Council in
January of each year. The 1999 committees are as follows:
FlNANCE/ECONOMIC DEVELOPMENTIREGIONAL AFFAIRS
COMMITTEE
LAND USEITRANSPORT A TION COMMITTEE
PARKSIRECREATIONIHUMAN SERVICES & PUBLIC SAFETY
COMMITTEE
Committees shall establish regular meeting schedules as determined by the
Chair of the Committee.
29
21.3
Each committee will haye staff support assigned by the City Manager. Staffwill
work with the committee chairs to set agendas, provide support materials and
prepare reports.
21.4
Summaries of each meeting will be prepared by staff and distributed to the
Mayor and Council Members. These summaries will be in lieu of verbal reports
at Council meetings.
21.5
The City Manager or Mayor may send issues directly to committees for their
review in lieu of being referred to committee by the entire Council.
21.6
Committee appointments (chairs and members) shall be made by the Mayor.
The Mayor will take into account the interests and requests of individual
Council Members in making committee assignments.
21.7
21.8
Membership of each committee will consist of three (3) Council Members.
The Mayor shall be "ex officio" members of each committee. The Deputy
Mayor may serve as "ex officio" or be appointed to a committee.
21.9
The Mayor will make committee assignments each January, with members
serving one (l):-years terms.
SECTION 22.
FILLING CITY COUNCIL VACANCIES
22.1
PURPOSE
The purpose ofthis section is to provide guidance to the City Council when a
Federal Way Council Member position becomes vacant before the expiration of
the official's elected term of office. Pursuant to state law, a yacancy shall be
filled only until the next regular municipal election, to serve the remainder of
the unexpired term.
22.2
REFERENCES
RCW 42.30.110(h) - Executive Session Allowed to Consider Qualifications of a
Candidate for Appointment to Elective Office
RCW 42.30.060 - Prohibition on Secret Ballots
RCW 42.12 - Vacant Position
30
22.3
(5)
RCW 35A.13.020 - Vacancies - Filling of Vacancies in Council/Manager Form of
Government
APPOINTMENT PROCESS
(I)
A Council position shall be officially declared yacant upon the
occurrence of any of the causes of vacancy set forth in RCW 42.12.010,
including resignation, recall, forfeiture, written intent to resign, or death
of a Council Member. The Council Member who is vacating his or her
position cannot participate in the appointment process.
(2)
The City Council shall direct staff to begin the Council Member
appointment process and establish an iuterview and appointment
schedule, so that the position is filled at the earliest opportunity.
(3)
The City Clerk's Office shall prepare and submit a display
advertisement to the City's official newspaper, with courtesy copies to all
other local media outlets, which annonnces the vacancy consistent with
the requirements necessary to hold public office: that the applicant (a)
be a registered voter ofthe City of Federal Way, and (b) have a one (1)
year residency in the City of Federal Way. This display advertisement
shall be published once each week for two (2) consecutive weeks. This
display advertisement shall contain other information, including but not
limited to, time to be served in the yacant position, election information,
salary information, Council Member powers and duties, the deadline
date and time for submitting applications, interview and appointment
schedules, and such other information that the City Council deems
appropriate.
(4)
The City Clerk's Office shall prepare an application form which
requests appropriate information for City Council consideration ofthe
applicants. Applications will be available at City of Federal Way offices,
King County libraries located in Federal Way, the Federal Way
Chamber of Commerce office, the Federal Way School District
administration office and such other locations that the City Council
deems appropriate. Copies of the display advertisement will be proyided
to current members of City of Federal Way commissions, committees,
task forces and other City-sponsored citizen groups.
Applications received by the deadline date and time will be copied and
circulated, by the City Clerk's Office, to the Mayor and City Council.
Packets may also contain additional information received such as
endorsements, letters of reference and other pertinent materials.
31
(7)
(8)
22.4
(6)
The City Clerk's Office shall publish the required public notice(s) for the
meeting scheduled for interviewing applicants for consideration to the
vacant position. This meeting may be a regularly scheduled City Council
meeting, or a special City Council meeting.
The City Clerk's Office shall notify applicants ofthe location, date and
time of City Council interyiews.
Prior to the date and time of the interview meeting, the Mayor shall
accept one interview question from each Council Member.
INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30 minutes in
length as follows:
(1)
(2)
(3)
(4)
(5)
22.5
VOTING
The applicant shall present his or her credentials to the City Council. (10
minutes)
The City Council shall ask the predetermined set of questions which
must be responded to by the applicant. Each applicant will be asked and
will answer the same set of questions, and will haye 2 minutes to answer
each question. (14 minutes)
An informal question and answer period in which Council Members
may ask and receiye answers to miscellaneous questions. (10 minutes)
The sPlliiesntsa ) )licants' order of appearance will be determined by a
random lot drawing performed by the City Clerk.
The Council may reduce the 30 minute30-minute interview time if the
number of applicants exceed six (6) candidates, or alternatively, the
Council may elect not to interview all of the applicants if the number
exceeds six (6) candidates. The decision as to which applicants to
interview will be based on the information contained in the application
forms.
Upon completion of the interviews, Council Members may convene into
Executive Session to discuss the qualifications of the applicants. However, all
interviews, nominations and votes taken by the Council shall be in open public
session.
32
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SECTION 23.
23.1
The Mayor shall ask for nominations from the Council Members.
After a nomination and second has been received, the City Clerk shall
proceed with a roll-call vote.
Elections will continue until a nominee receives a majority of four (4)
votes.
At anytime during the election process, the City Council may postpone
elections until a date certain or regular meeting if a majority yote has not
been receiyed.
Nothing in this policy shall prevent the City Council from reconvening
into Executive Session to further discuss the applicant/candidate
qualifications.
The Mayor shall declare the nominee receiying the majority vote as the
new Council Member and shall be sworn into office by the City Clerk at
the earliest opportunity or no later than the next regularly scheduled
City Council meeting.
If the City Council does not give a majority vote within 90 days of the
declared vacancy, the Revised Code of Washington delegates
appointment powers to King County.
MISCELLANEOUS
When Council Members register to attend an official conference requiring
yoting delegates, such as the annual National League of Cities or Association of
Washington Cities, the Council shall designate the voting delegate(s) and
alternate voting delegate(s) during a public meeting, by a majority vote; when
possible, said selection of voting
delegate(s) shall be done on a rotating basis for the purpose of allowing all
Council Members the opportunity to be an official yoting delegate.
SECTION 24.
24.1
SUSPENSION AND AMENDMENT OF
RULES
Any provision of these rules not governed by state law or ordinance, may be
temporarily suspended by a two-thirds (2/3) majority vote of the Council.
24.2 These rules may be amended, or new rules adopted, by a majority vote of the
Council.
K'\DOCU MENncc R II L ES.W02
01109/02
33
(3)
(4)
(5)
(6)
APPENDIX "A"
MA YORIDEPUTY MAYOR ELECTION PROCESS
(1)
Any Council Member may nominate a candidate; no second is needed.
(2)
Nominations are closed by a motion, second and 2/3 vote of Council.
If only one (1) nomination is made, it is appropriate to make a motion and obtain a
second to instruct the City Clerk to cast a unanimous ballot for that nomination.
Approval is by majority yote of Council Members present.
If more than one (1) nomination is made, an open election is condncted by roll call vote.
To be elected, the nominee needs a majority vote ofthe Conncil.
Elections will continue until a Mayor and Depnty Mayor are elected by a majority yote
of the Council.
I f!Ðill The City Clerk shall declare the nominee receiving the majority yote as the new Mayor.
The new Mayor shall declare the nominee receiving the majority vote as the new
Deputy Mayor. The Clerk shall swear the individuals into office.
34
MEETING DATE: February 19, 2002
ITEM# :w.
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: SR 99 Phase II Ri~ht-of-Way Improvements / Condemnation Ordinance
CATEGORY:
BUDGET IMPACT:
_CONSENT
..x. ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Draft condemnation ordinance.
SUMMARYIBACKGROUND: On February 5,2002, the City Council authorized staff to acquire right-
of-way for the Pacific Highway South HOV Lanes Phase II street improvement project (S. 324th Street to
S. 340th Street) for fair market yalue. Staff is currently contacting the property owners to negotiate the
purchases. In anticipation that some or aU of the property owners will refuse to seU because they dislike
some aspect ofthe project, or because they want more money for their property, staff is requesting that the
Council adopt the attached condemnation ordinance. The draft ordinance authorizes the City Attorney to
commence legal proceedings to acquire the necessary properties by condemnation if the negotiation
process fails after a reasonable amount of time, in order to allow the project to proceed.
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
:;;::~::C::I:;;~~:::: approval o~:on ordinance to second reading.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
_APPROVED
_DENIED
_TABLED/DEFERRED/NO ACTION
K, \Agnd;tem \SR99-lIcondmn. doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
CONDEMNATION, APPROPRIATION, TAKING AND/OR
ACQUISITION OF CERTAIN REAL PROPERTY AND/OR
EASEMENTS FOR THE PURPOSE OF CONSTRUCTING
AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN
THE VICINITY OF PACIFIC HIGHWAY SOUTH BETWEEN
SOUTH 324TH STREET AND SOUTH 340TH STREET,
TOGETHER~THALLAPPURTENANCESANDRELATED
WORK NECESSARY TO MAKE A COMPLETE
IMPROVEMENT IN ACCORDANCE WITH APPLICABLE
CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL
WAY; AND DIRECTING THE CITY ATTORNEY TO FILE
ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE
MANNER PROVIDED BY LAW FOR SAID
CONDEMNATION.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Public Necessitv. The public health, safety, necessity and conyenience
demand that right-of-way improvements be constructed and maintained within the City of Federal
Way within the vicinity of State Route 99 between South 324th Street and South 340th Street, and that
certain real property and/or easements upon property be condemned, appropriated, taken and/or
damaged for the construction of said improvements as proyided by this ordinance. Failure to
construct such right-of-way improvements will cause traffic counts to continue to exceed capacity
within the corridor ofSR 99 between South 324th Street and South 340th Street, create the potential
ORD#
,PAGEl
for additional traffic and/or traffic/pedestrian accidents, and inhibit economic deyelopment within
the Community Business and Business Park commercial zones adjacent to SR 99.
Section 2. Public Use. The improyements demanded by public health, safety,
necessity and conyenience consist of those improyements in substantially the form shown on the
Right-of-Way Plans dated January 14, 2002, byCH2MHill and on file with the City of Federal Way,
to wit: the construction on each side of SR 99 to achieve 2 general-purpose yehicle lanes, a high
occupancy vehicle ("HOV") lane, a center left-hand turn lane, a center median, a curb, gutter, planter
strip, sidewalk, street lights, and a utility strip for relocated utility poles and/or underground utilities,
together with all appurtenances and related work necessary to make a complete improyement in
accordance with Figure III-3(a), Cross Section A of the City of Federal Way Comprehensiye Plan
and other applicable City standards (the "Planned Improyements"). The Planned Improvements will
be a part of right-of-way owned by the City of Federal Way and open for use by the general public,
and therefore the use of property and/or easements condemned herein for the construction of said
improyements constitutes a public use.
Section 3. Condemned Property. The City Council ofthe City of Federal Way, after
reviewing the Planned Improyements, hereby declares that the property and/or easements located
within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and
incorporated herein by this reference ("Property"), shall be and hereby are condemned, appropriated,
taken and/or damaged for the public use and purpose of constructing and maintaining the Planned
Improyements. The condemnation, appropriation, taking and/or damaging of the Property includes
ORD#
,PAGE 2
the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original
grading and maintenance of the right-of-way facilities, as well as temporary easements to enable
construction ofthe Planned Improyements. Further, the condemnation, appropriation, taking and/or
damaging of the Property shall be subject to the making or paying of just compensation to the owners
thereof in the manner proyided by law.
Section 4. Condemnation Legal Action. The City Attorney or other attorney selected
by the City Manager is hereby authorized and directed to file all necessary actions and proceedings
provided by law to condemn, take, appropriate and damage the Property in order to carry out the
proyisions of this ordinance, and is further authorized in conducting said condemnation proceedings
and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the
reservation of any right of use to the Property owner(s), provided that such reservation does not
interfere with the use of the Property by the City as proyided in this ordinance. The City Attorney is
further authorized to adjust the location and/or width of any of the Property and/or easements
condemned or taken therein in order to minimize damages, provided that said adjustments do not
interfere with the use of the Property by the City as proyided in this ordinance.
Section 5. Severabilitv. The proyisions of this ordinance are declared separate and
seyerable. The inyalidity of any clause, sentence, paragraph, subdiyision, section, or portion of this
ordinance or the invalidity of the application thereofto any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the yalidity of its application to other persons or
circumstances.
ORD#
,PAGE 3
Section 6. Ratification. Any act consistent with the authority and prior to the
effectiye date of this ordinance is hereby ratified and affirmed.
Section 7. Effectiye Date. This ordinance shall take effect and be in force five (5)
days from and after its passage, approyal, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 5th day of March 2002.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K, \ORDIN\CONDMNSR99ROW2. DOC
ORD#
, PAGE 4