Council PKT 11-19-2002 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
November 19,2002
I.
II.
III.
IV.
V.
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
November 19,2002 - 7:00 p,m,
(wwwáfi!deral,>,"v w~
*****
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
a.
b.
Proclamationl"feed America Thursday"
Introduction of New Employees/City Manager
Emerging Issues/City Manager
c.
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, piease come forward to the
podium and state your name for the record PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES.
The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are
otherwise inappropriate.
CONSENT AGENDA
Items listed below have been previousty reviewed by a Council Committee of three members and brought before
full Council for approval; all items are enacted by one motion. Individual items may be removed
by a Councilmember for separate discussion and subsequent motion.
a.
b.
MinuteslNovember 5, 2002 Regular Meeting
Devonshire Preliminary PlatJResolution
Pennit Improvement Implementation Plan/Resolution
Council Bill #307/Code Amendment Prohibiting Storage of Personal
Property on Parks and Open Space PropertylEnactment Ordinance
Council Bill #308/Code Amendment Updating Chapter 6/Criminal Code;
Chapter 9/Licenses and Business Registration; and Chapter 15/Traffic and
V ehicles/ Enactment Ordinance
Council Bill #309/2003 Property Tax RatelEnactment Ordinance
Council Bill #310/ Amending Utility Tax Rate AdiustmentlEnactment
Ordinance
f.
g.
c.
d.
e.
Over please.
VI.
VII.
VIII.
Ix.
a.
b.
X.
h.
Council Bill #311/ Add Tax to Admission Charges for Recreation and
Amusement! Enactment Ordinance
Council Bill #312/Rate Structure for Storm and Surface Water Utility/
Enactment Ordinance
Council Bill #313/2003-2004 Biennial Budget Adoption/Enactment
Ordinance
Fee Schedule Amendment/Resolution
Holiday Marketing Campaign
Site Lease AgreementIVoicestream at BPA Tower/Twin Lakes
Purchase of Surveying Equipment for Public Safety Department
Revised Agreement for Continuation of South County Area Transportation
Board (SCATBd)
i.
j.
k.
I.
m.
n.
o.
CITY COUNCIL BUSINESS
2003 Legislative Agenda
CITY COUNCIL REPORTS
CITY MANAGER REPORT
EXECUTIVE SESSION
Potential Litigation/Pursuant to RCW 42.30.110(1 )(i)
Property Acquisition/Pursuant to RCW 42.30.110(1 )(b)
ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ..
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALLANO
ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY"
MEETING DATE:
November 19. 2002
ITEM# .:;;;¡z- (a.)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
[:8J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft minutes of the regular City Council meeting held on November 5. 2002.
SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW
requirements.
CITY COUNCIL COMMITTEE RECOMMENDATION: n/a
PROPOSED MOTION: I move approval ofthe minutes of the City Council regular meeting held on November 5, 2002.
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 S1' reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
DRAFT
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
November 5, 2002 - 7:00 p,m,
Regular Meeting
Minutes
I.
CALL MEETING TO ORDER
Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour
of7:05 p.m.
Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Councilmembers Eric Faison, Mary Gates, Michael Hellickson. Linda Kochmar, and Mike Park.
Staff present: City Manager David Moseley. Interim City Attorney Pat Richardson, City Clerk
Chris Green, and Acting Deputy City Clerk Sandy Lyle.
II.
PLEDGE OF ALLEGIANCE
Councilmember McColgan led the flag salute.
III.
PRESENTATIONS
a.
Introduction of New Employees/City Manager
City Manager David Moseley was pleased to announce Marni Buchanan has been hired as a
Police Support Officer, and Pamela Fay is the new Court Clerk 2 in the Municipal Court.
b.
Emerging Issues/City Manager
City Manager David Moseley reported no emerging issues.
IV.
CITIZEN COMMENT
Julia Laranang thanked the Council for its support of Diversity Commissions activities and
reported that future events would include ethnic dinners in addition to the annual Martin Luther
King celebration. the theme of which will be Out of Our Hearts and Into the Community.
Elizabeth Hedgecock expressed her concerns that in a slow economy when people are losing
their jobs and the food banks are empty it may not be a good time to build a new police building.
Federal Way City Council Regular Meeting Minutes
November 5, 2002.- Page 2 of 8
Larry Patterson commented on Councilmember Kochmar's editorial in the Federal Way Mirror.
He agreed with the need for a vital downtown and an engaged SeaTac Mall.
V.
a.
b.
c.
d.
e.
f.
g.
h.
1.
j.
k.
I.
CONSENT AGENDA
Minutes/October 15, 2002 Regular Meeting - Approved
Vouchers - Approved
Monthly Financial Report/September 2002 - Approved
2002-2004 Skyhawks Sports Academy, Inc. Contract-Approved
Sewer Easement Request/The Point at West Campus II -Approved
Sports Lighting at Lakota Park/Final 6~!ance & Retainage Release - Approved
2002-2003 Youth Commission Work ;'lan -Approved
COPS I\tore 2002 Grant/Request Approval to Accept Award & for Purchasing
Authority - Approved
Interlocal Agreement & Release/Disclaimer of Liability for Use of Shooting
Range - Approved
West H¡Iebos Creek Gravel Removal/So 373rd StlFinal Acceptance -Approved
So 364 St Culvert Replacement ProiectlFinal Acceptance -Approved
Intent to Designate City Center Core and Frame as Residential Targeted Area and
Setting Public Hearing/Resolution pulled and approved separately
Deputy Mayor McColgan pulled Consent Agenda item (I) for further discussion.
COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT AGENDA ITEMS
(A-K); COUNCILMEMBER FAISON SECOND. The motion passed as follows:
Burbidge
Faison
Gates
Hellickson
Kochmar
McColgan
Park
yes
yes
yes
yes
yes
yes
yes
Consent Agenda item (I): Deputy Mayor McColgan spoke in opposition to the proposed
resolution stating that exempting new housing construction in the downtown core from taxes for
ten years would put undue financial stress on Police, Fire, School and Library services.
COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT AGENDA ITEM
(L) A RESOLUTION FOR INTENT TO DESIGNATE CITY CENTER CORE AND
FRAME AS RESIDENTIAL TARGETED AREA AND SETTING PUBLIC HEARING,
COUNCILMEMBER PARK SECOND. The mNion passed as follows:
Burbidge
Faison
Gates
Hellickson
Kochmar
McColgan
Park
yes
yes
yes
no
no
no
yes
Federal Way City Council Regular Meeting Minutes
November 5, 2002-Page 3 of8
VI.
PUBLIC HEARING (Required by RCW 35A.34)
2003-2004 Proposed Biennial Budget/2003 Property Tax Rate
Mayor Burbidge read into record the procedures to be followed and opened the public hearing at
7:30 p.m.
.
City Staff Presentation
Management Services Director Iwen Wang outlined the proposed 2003-2004 Biennial Budget
and Property Tax Levy. She reviewed the city's budget structure, 2003 general operating
revenues and expenses, improvements included in the baseline budget. new service
considerations, and funding options. Ms, Wang pointed out that with a lower property tax rate
and increases in fees lor Water Quality/ESA and increased utility tax an average homeowner
could expect to pay just under $40 more per year.
.
Citizen Comment
Bob Couper offered a challenge to the Council to exercise caution in increasing the City's utility
tax. citing lower utility tax rates in nearby communities.
Margaret Brewer and Mike Pettigrew spoke against higher utility taxes. Elizabeth Allison was
against both new taxes and a new city hall.
Patrick Burton and Sheryl Nevers spoke in favor of maintaining the Kenneth Jones Pool; Ms.
Nevers additionally supported a police building but was opposed to a new city hall facility.
Patty Fitzpatrick, H. David Kaplan, and Shannon Jun spoke in support of a new community
center. Mr. Kaplan added there has been no decision yet made on a new city hall. He also
offered infonnation that if an increased utility tax were not collected by the city. King County
could possibly levy a similar tax.
Ron Gintz and Betty Huff hailed as visionary the city's 2003-2004 budget and expressed support
for the facilities and programs it would provide. Mr. Gintz additionally commended the
leadership of the Council. Doug Stair, who grew up in Federal Way, spoke in favor of
Celebration Park and the vision of the Council.
Mike Anderson supported continuation of operation of the Kenneth Jones Pool and was thrilled
at the prospect of a new community facility to include a pool and community/senior center.
Malcolm Neely stated that a community center is a good thing for a community, a place for
adults and kids, alike, He stressed the importance of keeping seniors healthy and out of nursing
homes.
City Clerk Chris Green read letters into the record supporting a tax increase to fund a new
pool/community/senior center trom Barbara Reid, Jane Hershman, Ed and Ramona Soule, Bruce
Johnson, and Althea Rosenberg.
Federal Way City Council Regular Meeting Minutes
November 5, 2002 - Page 4 of 8
Ms. Green also read a letter from Karl Grosh into the record supporting a future
senior/community center, and shared concerns that budget dollars were being spent unnecessarily
on projects that don't benefit the many.
Hearing no further public comment, Mayor Burbidge closed the public hearing at 8:20 p.m.
.
City Council Discussion
Council was appreciative of all of the citizen comment, and encouraged citizens to continue to
comment about the 2003/2004 budget and proposed tax increases. They also expressed a strong
interest in keeping the Kenneth Jones pool open, with a focus on increasing the level of services
for funding the pool's maintenance and operation. Council also urged citizens to speak out and
voice their concerns at the county level regarding the proposed pool closures.
VII.
INTRODUCTION ORDINANCES
a.
Council Bill #307/Code Amendment Prohibiting Storage of Personal Property on
Parks and Open Space Property
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROHIBlTlNG THE STORAGE OF PERSONAL PROPERTY IN PARKS
AND/OR OPEN SPACE (Amending Ordinance No. 91-82, § 1(21)(A)
MOTION BY COUNCIL MEMBER KOCHMAR TO MOVE COUNCIL BILL #307 TO
SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON
NOVEMBER 19; SECOND BY COUNCIL MEMBER PARK.
The motion passed as follows:
Burbidge
Faison
Gates
Hellickson
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
b.
Council Bill #308/Code Amendment Updating Chapter 6/Criminal Code; Chapter
9/Licenses and Business Registration; and Chapter IS/Traffic and Vehicles
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON. AMENDING THE CRIMINAL CODE, THE LICENSES AND BUSINESS
REGULATIONS CHAPTER, AND THE TRAFFIC AND VEHICLE CHAPTER OF THE CITY
OF FEDERAL WAY (Amending Ordinance Nos. 90-53, 90-62. 91-89, 91-91, 91-94, 91-106, 91-
110,92-163,94-212,95-243,96-260,99-362,00-367, 00-374, 01-391, 01-401)
MOTION BY COUNCILMEMBER KOCHMAR TO MOVE COUNCIL BILL #308 TO
SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL
MEETING ON NOVEMBER 19; SECOND BY COUNCILMEMBER PARK. The motion
passed as follows:
Federal Way City Council Regular Meeting Minutes
November 5,2002 - Page S of 8
Burbidge
Faison
Gates
Hellickson
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
c.
Council Bill #309/2003 Property Tax Rate
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2003.
MOTION BY COUNCILMEMBER FAISON TO !\ilOVE COUNCIL BILL #309 TO
SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL
MEETING ON NOVEMBER 19; SECOND BY DEPUTY MAYOR MCCOLGAN. The
motion passed as follows:
Burbidge
Faison
Gates
Hellickson
d,
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
Council Bill #310/ Amending Utility Tax Rate Adjustment
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, EXTENDING AND INCREASING THE UTILITY TAX RATE TO 6% FROM
5% FOR A COMMUNITY/SENIOR CENTER AND SWIMMING POOL AS IDENTIFIED BY
COUNCIL (Amends Ordinance '-10. 95-257, 06-262 and 96-276).
MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #310 TO
SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL
MEETING ON NOVEMBER 19; SECOND BY DEPUTY MAYOR MCCOLGAN. The
motion passed as follows:
Burbidge
Faison
Gates
Hellickson
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
no
e.
Council Bill #311/ Add Tax to Admission Charges for Recreation and Amusement
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR TAXES UPON PERSONS WHO PAY AN ADMISSION
CHARGE TO ANY PLACE FOR THE PURPOSE OF RECREATION AND AMUSEMENT
WITHIN THE CITY LIMITS; ADDING NEW SECTIONS 14-131 TO 14-137 AND 14-151 TO
14-157 TO THE CITY OF FEDERAL WAY CITY CODE AND PROVIDING FOR RELATED
MATTERS.
MOTION BY DEPUTY MAYOR MCCOLGAN TO MOVE COUNCIL BILL #311 TO
SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL
Federal Way City Council Regular Meeting Minutes
November 5, 2002 - Page 6 of 8
MEETING ON NOVEMBER 19; SECOND BY COUNCILMEMBER FAISON. The
motion passed as follows:
Burbidge
Faison
Gates
Hellickson
f.
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
no
Council Bill #312/Rate Structure for Stonn and Surface Water Utility
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING ORDINANCE NO. 96-277, ORDINANCE NO. 90-32, AND
ORDINANCE NO. 91-117 BY AMENDING THE RATE STRUCTURE FOR STORM AND
SURFACE WATER UTILITY BY 6.5%.
MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #312 TO
SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL
MEETING ON NOVEMBER 19; SECOND BY CONCILMEMBER KOCHMAR. The
motion passed as follows:
Burbidge
Faison
Gates
Hellickson
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
g.
Council Bill #313/2003-2004 Biennial Budget Adoption
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2003-2004
BIENNIAL BUDGET.
MOTION BY COUNCILMEMBER GATES TO MOVE COUNCIL BILL #313 FOR
FINAL CONSIDERATION AT THE NEXT REGULAR COUNCIL MEETING ON
NOVEMBER 19; SECOND BY DEPUTY MAYOR MCCOLGAN
The motion passed as follows:
Burbidge
Faison
Gates
Hellickson
yes
yes
yes
yes
Kochmar
McColgan
Park
IX
CITY COUNCIL REPORTS
yes
yes
yes
Councilmember Gates reported the start-up of a third daily Sounder train and said that trains
bound for Seahawks games are filled. She distributed a written Sound Transit Update including
infonnation on Link light rail, the Sounder, and Regional Express Buses. She reported on the
Federal Way Transit Center project and added that the Bellevue Transit Center was dedicated
recently.
Federal Way City Council Regular Meeting Minutes
November 5, 2002 - Page 7 of 8
Councilmember Kochmar announced the next meeting of the Parks, Recreation, Human
Services, Public Safety Committee would be held November 12 at 4:00 p.m. She thanked the
City Manager for working with the Federal Aviation Administration and the Marine Hills
Homeowners Association to resolve airplane noise issues. She announced the next regional
Police Committee would meet December 6 to discuss funding Human Services Agencies with
scarce resources and the Airport Cities Coalition. She thanked the Police for finding the serial
rapist.
Councilmember Park reflected that the sister city rel¡¡;ionship is now six years old. There have
been two official visits to our sister cities in lapa'l and Korea. On November 10 the Governor of
Donghae will be visiting here after traveling to . "Iberta. It is unfortunate that the Veteran's Day
holiday falls on Monday, the 11 th, preventing an official visit here.
Councilmember Hellickson had no report.
Councilmember Faison announced the next meeting ofthe Land Use/Transportation Committee
would be held November 18 at City Hall; the Municipal Facilities Action Committee (MF AC)
meets on November 13 at 6:00 p.m. in Council Chambers and November 20 At 7:00 p.m. at the
Regional Library, 34200 First Way South.
Deputy Mayor McColgan thanked the City Manager and staff who made Council understand the
big [budget] picture. Council may not always please everyone but they value and appreciate the
feedback. He thanked everyone who spoke and encouraged the public to please continue
sending comments and input. He mentioned the Lodging Tax Advisory Committee meeting on
Friday, November 15 at 8:00 a.m. He urged everyone to remember that the food banks are low
and to please give.
Mayor Burbidge reminded citizens that the relieffund at Washington State Bank to aid those
affected by the typhoon that hit our sister city of Donghae, Korea, will be open until November
15. She recognized City Manager David Moseley, who received an award from the Washington
State City Manager's Association, for skill in Intergovernmental Cooperation. He was
instrumental in negotiating a new jail contract with King County. She reported on her attendance
at various regional meetings and mentioned that the counties will be looking at a utility tax to
fund programs. She encouraged citizens. to attend some of the upcoming community arts events,
including Snow White this weekend, the Federal Way Symphony at Twin Lakes Golf and
Country Club on Saturday, and the upcoming productions of Little Women and the Nutcracker.
x.
CITY MANAGER REPORT
City Manager David Moseley reminded the public to please provide feedback about a new
municipal facility and about upcoming meetings on November 13 and 20. He announced the
Christmas Tree Lighting Ceremony will take place December 7 at SeaTac Mall from 4-6 p.m.
Mr. Moseley also encouraged citizens to participate in the Donghae relief fund that has been set
up, aiding the victims in our sister city who were affected by the typhoon that recently hit.
Donations will be accepted in cash, check or credit card at any local branch of Washington State
Bank, and donations of checks only will be accepted through the City Managers Office.
Federal Way City Council Regular Meeting Minutes
November 5, 2002 - Page 8 of 8
Mr. Moseley commented that the contractor working on Phase I of the Pacific Highway South
project would be working longer shifts to remain ahead of schedule and to be able to cease work
during the holidays. He sympathized with citizen impatience but stated the city appreciates
citizens' understanding and cooperation.
City Manager Moseley announced the need for an executive session for the purposes of
discussing Potential Litigation/Pursuant to RCW 42.30.1 10(1 )(i); he announced cancellation of
Discussion of Property Acquisition/Pursuant to RCW 42.30.1 10(1 )(b). There was no action
expected.
XI.
EXECUTIVE SESSION
At 9:25 p.m., Mayor Burbidge announced the Council would be recessing in executive session.
Council returned to chambers at 9:40 p.m.
XII.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor Burbidge
adjourned the regular meeting at 9:50 p.m.
Sandy Lyle
Acting Deputy City Clerk
MEETING DATE:
November 19,2002
ITEM# ~V- (3-)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Devonshire Preliminary Plat, File No. 00-100947-00- SU
CATEGORY:
BUDGET IMPACT:
ŒI CONSENT
ŒI RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
NA
NA
NA
ATTACHMENTS: October 29,2002, memorandum from Jim Harris to City CouncillLand Use/Transportation
Committee, with attachments including Hearing Examiner October 16,2002, Corrected Report and Recommendation and
October 21, 2002, Hearing Examiner revision to the Report and Recommendation and draft preliminary plat approval
resolution.
SUMMARYIBACKGROUND: The applicant requests approval of a 29-lot residential cluster subdivision, as provided
for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval.
CITY COUNCIL COMMITTEE RECOMMENDATION: On November 4,2002, the LUTC voted to recommend
approval of the Devonshire preliminary plat application to the full City Council.
PROPOSED MOTION: "I move approval of the resolution approving the Devonshire preliminary plat, based on the
findings and conclusions in the October 16,2002, Corrected Report and Recommendation by the Federal Way Hearing
Examiner and October 21, 2002, Hearing Examiner revision to the Report and Recommendation."
~~.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLEDillEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
D~ID20915
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
To:
Eric Faison, Chair
Land Use and Transportation Committee
Jim Harris, seniorPla~\
David ~Qger
Preliminary Plat of Devonshire
Application No. 01-102793-00-SU
FROM:
VIA:
RE:
DATE:
October 29, 2002
I.
STAFF RECOMMENDATION
Staff recommends the Land Use and Transportation Committee forward to the City Council a
recommendation approving the Devonshire preliminary plat with conditions, based on the findings
and conclusions in the October 16, 2002, Corrected Report and Recommendation by the Federal
Way Hearing Examiner and October 21,2002, Hearing Examiner revision to the Report and
Recommendation.
II.
SUMMARY OF ApPLICATION
The applicant requests approval of a 29-10t residential cluster subdivision, as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval.
III. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public
meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures,
preliminary plat applications are brought to the Land Use and Transportation Committee for review
and recommendation prior to review by the full Council.
IV. HEARING EXAMINER'S RECOMMENDATION
On October 16, 2002, the Federal Way Hearing Examiner issued a Report and Recommendation
(Exhibit A) to approve the proposed preliminary plat, and the Examiner issued a revised condition
of preliminary plat approval on October 21, 2002 (Exhibit B). The Hearing Examiner's
recommendation includes all conditions recommended by staff, except one condition the applicant
requested to modify. The applicant's request to modifY condition number six was supported by City
staff at the hearing. The Examiner's recommendation was issued following consideration of a staff
report (Exhibit C) and testimony presented at the September 10, 2002, public hearing, and is subject
to the following conditions:
1.
Final plat approval shall require full compliance with drainage provisions set forth in the
FWCC. Compliance may result in reducing the number and/or location of lots as shown on the
preliminary approved plat. Final storm drainage engineering plans shall comply with the
following:
A.
B.
C.
Drainage plans and analysis shall comply with the 1998 King County Surface Water
Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City
of Federal Way approval "of the drainage and roadway plans is required prior to any
construction.
On-site stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM, as amended by the City of Federal Way.
The storm water runoff control (detention) for Devonshire must meet and implement one of
the following alternatives:
I)
Analyze the downstream drainage system to the SW 356th Street regional
stormwater facility to verifY adequate capacity; and design and reconstruct any
portions of the conveyance system necessary to accommodate the increase in
runoff. In addition, the applicant will be required to pay a pro-rata share for off-
site detention capacity to be determined by the City. The final plat shall not be
recorded and construction of the offsite drainage conveyance system shall not
begin until the City's proposed SW 356th Regional stormwater facility is
operational; or
2)
An on-site stormwater infiltration or detention facility shall be designed and
constructed in accordance with Chapter 5 of the 1998 KCSWDM. Adequate
capacity of the downstream conveyance system ITom Devonshire Plat shall be
verified and improved as necessary. Additional excavation of the closed
depression on City-owned property will be required to compensate for the
increased runoff volume from Devonshire, with accompanying calculations
required.
Preliminary Plat of Devonshire
Land Use and Transportation Committee Memo
File #OI-I02793-O0-SU / nodn20780
Page 2
2.
3.
4.
5.
Final review ofthe storm water quality and detention will occur in conjunction with the full
drainage review.
The applicant shall be required to construct all storm drainage improvements necessary to
mitigate all identified conveyance problems, whether existing or resulting from the plat's
development, as identified during engineering plan review, as required by the Public Works
Director. Engineering approval shall not be granted if it is determined that proposed mitigation
is not adequate to address the impacts of the project.
The final plat drawing shall establish Tract A in an open space tract to be owned in common
and maintained by property owners of the proposed subdivision. The final plat note shall
include provisions prohibiting removal or disturbance of vegetation and landscaping within the
regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement
of existing plantings and as approved by the City. Additional vegetation may be located in the
open space tract to meet the Mitigated Determination of Non significance (MDNS) condition as
approved by the City. A note shall be included on the final plat map that the open space tracts
shall not be developed with any buildings, and may not be used for financial gain.
Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the City for approval and shall include the following
elements:
A.
Open space landscaping in Tract A;
B.
Street trees in right-of-way landscape planter strips;
C.
Tree preservation plan; and
D.
Visual screening of the storm drainage Tract C from adjacent right-of-way with
landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green and
shall be screened by vegetation.
The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as
amended by the City of Federal Way for this project, including the following requirements:
A.
SW 360th Street shall be improved along the frontage of the project as a Minor Collector,
half-street improvement. Improvements will include dedication of 30 feet of new right-of-
way to combine with the existing 30 feet of right-of-way for a total of60 feet. SW 360th
Street shall be improved with a minimum of20 feet of pavement, vertical curb and gutter,
four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk (curb, planter
and sidewalk only on south side).
B.
Internal plat streets shall be improved as local streets, which include 52-foot wide right-
of-way and 28-foot pavement width. Vertical curb and gutter, four-foot planter strips, and
Preliminary Plat of Devonshire
Land Use and Transportation Committee Memo
File #01-1O2793-00-SU I ""'1D"780
Page 3
five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and
street trees shall also be provided.
C.
Tracts B shall be improved to the private access tract standard and shall be limited to
serving a maximum off our lots. The lots that abut these tracts for access shall have
undivided ownership of the tract and be responsible for its maintenance. The maintenance
agreement for the private access tracts shall be included on the plat and the language
approved by the City. Improvements shall include a 38-foot tract width and 24-foot
pavement width with vertical curb, gutter, and five-foot wide sidewalks on both sides of
the street. Tract length shall be limited to a maximum of 150 feet from face of curb to end
of the tract.
D.
Streets shall have a minimum pavement section of three inches Class B asphalt over
seven inches of crushed surfacing on all internal streets, and three inches Class B asphalt
over eight inches of crushed surfacing on SW 360th Street to support the traffic loads.
6.
Due to the topography ofthe project, the applicant may conduct mass clearing and grading of
the subject site.
7.
As required by the Public Works Director, prior to final plat approval, the applicant shall
install two speed humps (four total humps) and signage constructed to City standards on 11th
Avenue SW and 12th Avenue SW between SW 360th Street and SW 356th Street.
8.
As required by the City, in order to mitigate potential safety impacts, due to the proximity of
the proposed usable open space area (Tract A) near a curve in the roadway, street signage
should be implemented regarding notification of the park area. A plan for street signage shall
be approved by the City, and signage implemented prior to final plat approval.
v.
PROCEDURAL SUMMARY
July 16,2001
Date of application for 29-lot Devonshire preliminary plat
August 13,2001
Date application detennined complete
August 22, 200 I
Public Notice of application issued
May 8, 2002
Environmental detennination issued
September 10,2002 Hearing Examiner Public Hearing
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
October 16,2002
Hearing Examiner issues recommendation of conditional approval of
preliminary plat to the City Council
Preliminary Plat of Devonshire
Land Use and Transportation Committee Memo
File #OI-1O2793,OO-SU I DooIO20780
Page 4
October 21, 2002
Hearing Examiner issues revision of condition of approval of
preliminary plat approval
November 4, 2002
City Council Land Use and Transportation Committee meeting
(This committee forwards a recommendation to the full Council for a
decision at a public meeting [see Section VII, below].)
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of
the Hearing Examiner public hearing; oral comments received at the public meeting (provided these
do not raise new issues or information not contained in the Examiner's record); and the Examiner's
report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC
Section 20-1 26(c), as noted below:
1.
Consistency with the Federal Way Comprehensive Plan;
2.
Consistency with all applicable provisions ofthe FWCC, including those adopted by
reference from the comprehensive plan;
3.
Consistency with the public health, safety, and welfare;
4.
Consistency with the design criteria listed in section 20-2; and
5.
Consistency with the development standards listed in sections 20-151 through 157, and
20-178 through 20-187.
Findings and conclusions that the application is consistent with these decisional criteria are set forth
in the Hearing Examiner's report and recommendation.
VII. COUNCIL ACTION
The Federal Way City Council's review of the application is limited to the record of the hearing
before the Hearing Examiner, oral comments received during the Public Meeting (so long as those
comments do not raise new issues or information contained in the examiners record), and the
Examiner's written report. The City Council may receive new information not in the record
pursuant to FWCC Section 20-1 27(b).
Preliminary Plat of Devonshire
Land Use and Transportation Committee Memo
File #OI-1O2793-OQ-SU I 0001020780
Page 5
A draft resolution recommending approval of the proposed application as recommended by the
Hearing Examiner is included. After consideration of the record, the City Council may, by action
approved by a majority of the total membership, take one ofthe following actions, pursuant to
FWCC Section 20-127:
1.
Adopt the recommendation; or
2.
Reject the recommendation; or
3.
Remand the preliminary plat back to the Hearing Examiner pursuant to FWCC Section
20-127(b); or
4.
Adopt their own recommendations and require or approve a minor modification to the
preliminary plat pursuant to FWCC Section 20-127(d).
EXHIBITS
A.
B.
C.
D.
Hearing Examiner Report and Recommendation, October 16,2002
Hearing Examiner Revision of Recommendation, October 21, 2002
Staff Report to Hearing Examiner, September 3,2002-
City Council Draft Resolution for Devonshire Preliminary Plat Approval
- Note: Not all copies of slaff reports ioclude all exhibits as listed. A full packet including all exhibits to the Hearing Examiner
is located in the City Council office.
Preliminary Plat of Devonshire
Land Use and Transportation Committee Memo
File #01-1O2793-00-SU / OœID20780
Page 6
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
Page - 1
IN THE MATTER OF:
PRElIMINARY PLAT OF DEVONSHIRE
FWHE# 02-04
01-102793 SU
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval to allow construction of a 29 lot
residential lot cluster subdMsion as provided for under Federal Way CitY Code (FWCC)
Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 2()"1 10.
II. PROCEDURAL INFORMA nON
Hearing Date:
Decision Date:
September lOt 2002
October 16, 2002
At the hearing the following presented testimony and evidence:
1.
Jim Harris, Senior Planner, City of Federal Way
2.
Sarady long, Federal Way Traffic Analyst
3.
Tom Barghausen, Representative for Applicant, 18215 72nd Ave. S" Kent,
WA 98032
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. City's Power Point Presentadon
3. Tree Retention Plan of Devonshire
EX~ ,.~ -~.. A
PAC:..LOF -1L
Page - 2
4.
Email from Tom Barghausen to Jim HaITis dated September 5, 2002
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into the
record, and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit" 1 nand
incorporated in itS entirety by this reference,
3,
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC),
4,
The applicant has a possessory ownership imerest in a rectangular, unimproved,
9.84 acre parcel of property located southeast of the present terminus of SW
360th St. and south of the present termini of 11 th Ave. SW and 12th Ave, SW
within the City of Federal Way, The applicant requests preliminary plat approval to
allow a cluster subdivision of the site into 29 single family residential lots, Each lot
will have a minimum of 5,000 square feet, and the plat will have an average lot size
of 6, 127 square feet.
5.
The p~eliminary plat map shows that the applicant will extend SW 36Oth St. across
the north property line of the parcel and will also connect 11 th Ave. SW and 12th
Ave, SW to SW 360th, The plat map also shows access provided through the
Silverwood plat by extending SW 361 st Place from the eaSt property line to a
connection with 11th Ave. SW which will extend into the plat from the north. The
map shows large portions of the west and southwest portions of the site preserved in
open space to protect wetlands and wetland buffers, The approved Silverwood
subdivisIon abuts the east property line and Silverwood open space abuts the south
property line. The Lorigon Manor plat abutS the north property line and the East:
Side Addition to Tacoma subdivision abuts the west property line.
6.
The sire and abutting parcels are located within the Single Family High Density
Designation of the Federal Way Comprehensive Plan and the Residential Single
Family (RS) 9.6 zone classification of the Federal Way City Code (FWCC). The
RS-9,6 classification requires a minimum lot size of 9,600 square feet for a single
family residential dwelling. However, as previously found, the applicant proposes a
cluster development, and Section 20.154(b)(2) FWCC allows a minimum lot size
reduction to one-half the size of the underlying zoning requirement, but no smaller
EX~~[=']"-' A
PAG~:__J,-,'t\l
-
Page - 3
7.
8,
9.
than 5,000 square feet, As previously found, the applicant proposes a minimum
lot size of 5,000 square feet in compliance with said secrion.
The topography of the parcel rises gradually from north CD south, but does not
exhibit steep slopes. The contour lines reflect a minimum elevation of 390 feet and
a maximum elevation of 408 feet. The alderwood gravel sandy loam soils on the
site have slow runoff, slight erosion hazard, and can support urban development.
The applicant proposes to perform all clearing and grading at the same time, since
due to the small lot sizes, they must remove all trees. Gearing and grading the site
at one time makes erosion control much more effective and allows balancing of the
site topography, thus eliminating the need for importing and exporting material.
Such also allows the inStallation of plat infrasrrucwre withoUt trUeles running over
sidewalks, curbs, and gutters.
The heavily vegetated site consists primarily of second growth forest with a mixwre
of conifer and broad leaf trees and a dense understory of native shrubs.
Predominant trees include Douglas fir, red alder, and big leaf maple. The applicant
submitted a significant tree retention plan which shows clearing of approximately
46% of the site In conjunction with plat infrastrUCWre. Such will result in removal
of approximately 46% of the significant trees on site with the balance of 54%
remaining. The applicant must submit and gain approval of a tree clearing plan and
landscapIng plan which will meet the requlremenrs of Section 2()"1 58 FWCc.
As shown on the preliminary plat map the site contains six on-site wetlands, three of
which are regulated. The applicant proposes no temporary or permanent intrUsion
into the three regulated wetlands or their buffers whIch will remain non-disturbed,
Plat development will require filling of WlO, small, non-regulated wetlands, but the
remaining unregulated wetlands located within the usable open space area may
remain. Conditions of approval require the fencing and signing of the perimeter of
the wetlands and buffers.
10,
The applicant commissioned Chad Armour LLC to provide a wildlife evaluation of
the site. Mr. Armour found that the site does not meet the definition of a fish and
wildlife habitat conservation area, nor does it support endangered, threatened, or
sensitive plant or wildlife species. Development will not likely create a significant
adverse impact to the foraging habitat of the pileated woodpecker. However, the
applicant will create three new snags on the site to offset any potential impact.
Approximately 3.36 acres (34%) will remain as open space and will continue to
provide some habitat opportUnity for resident animals, A SEPA mitigation measure
in tile MDNS requires that the applicant maximize the remaining habitat
EXHIBIT ^
PAGE~OF II
Page - 4
11.
12.
13.
14,
opportunities within the Tract A aCtive/usable open space area,
The property is siwated in the southern portion of the City which is developed with
single family dwellings on lot sIzes ranging betWeen 9,000 and 30,000 square feet.
However, the Silverwood plat abutting the east property line has an average lot size
of 5,500 square feet. The 363rd street open space park owned by the City abuts
the SW comer of the parcel.
The cluster subdivision allows lot sizes of 5,000 square feet, but does not allow the
density to exceed the number of lots which would be pennitted in a conventional
subdivision- The applicant has shown and the City agrees that by subtracting I 5% of
the site for open space and 20% for streets, the applicant could recognize a
maximum of 29 lots, the number presently proposed. The preliminary plat reflects
that lots abutting the north eXterior property line meet the requirements of Section
20.154(a)(3) FWCC which requires a lot size equal to or greater than 90% of the
minimum lot size allowed in the RS-9.6 classification.
SeCtion 20, 154(c) FWCC sets forth the approval criteria for a single family cluster
plat. The plat complies with all such criteria as all homes will meet minimum
architecwra( design standards regarding garage facades and front enny design. The
applicant has submitted tWo prototype sample house elevations and site plans that
generally meet the requirementS of Section 22-1640 FWCc. The City initially
raised substantial concerns regarding the interpretation of Section 22-1640 FWCC
which requires that each dwelling unit be owner-occupied, as the applicant proposed
a lease-purchase option agreement for potential homeowners. After reviewing the
applicant's infonnation, the City agreed that the applicant's lease to buy program as
described in the applicant's September 17, 2002, letter to the Examiner leads to
home ownership (owner-occupancy) consistent with the FWCc. The City .
detennined that the owner-occupancy requirement contained within the Community
Design Guidelines chapter of the zoning code regulates the general appearance of
the plat and ensures its consistency in design and layout with surrounding residential
plats that provide typical, owner-occupancy, dwelling unitS.
Section 20.154(b) FWCC requires a cluster subdivision to provide a minimum of
1 5% usable on-site open space, except that 5% may constitute a buffer. The site
plan shows Tract A in the western portion of the site designated for open
space/park provides 84,506 square feet of usable open space which exceeds the
minimum requirement of 42,866 square feet. The usable portion of Tract A has
an average slope of less than 1 % and the applicant has proposed to develop a
portion of said tract with an irrigated open lawn play area and childrents tot lot, The
EXHIBIT A
PAGE~OF I
Page - 5
15,
16,
17,
balance of the 3,3 acre Tract A will remain in its currentt vegetated condition as
native open space,
The applicant will provide access to the site by extending II th Ave. SWand 12th
Ave. SW to the south and consuucring SW 360th St. from 12th Ave. SW to 10th
Ave, SW. The applicant will also extend SW 361st Place through the plat to
connect with 11 th Ave. SW. The applicant commissioned the Transpo Group to
provide a Traffic Impact Analysis (TlA) for the Devonshire plat. The TIA
anticipates that the plat will generate 278 average daily trips, 29 of which will occur
during the p,m. peak hour. To accommodate plat traffic the applicant will improve
SW 360th St. across the plat frontage to minor collector half-street standards.
These standards include the dedication of 30 feet of new right-of-way and
construction of 20 feet of pavement, vertical curb, and gutter, four foot planter
strip, street trees, street lights, and six foot wide sidewalks. The app(fcant will
improve internal plat streets as local streets which will include a 52 foot right-of-way
and 28 foot pavement width with vertical curb and gutter, four foot planter striPSt
and five foot wide sidewalks on both sides. Internal plat roads will also have street
lights and street trees, The applicant also met with residents of the area and agreed
to install tWo speed bumps on II th Ave. SW and tWo speed bumps on 12th Ave,
SW to slow traffic entering and leaving Devonshire. The applicant will also pay
$3,900 as its prorata share of transportaöon improvement projects listed in the
City's 2001-2006 TIP.
To mitigate the impaCt on the Federal Way School Distrier of school aged children
residing in the plat, the applicant wU! comply with the City ordinance and make a
payment of $2,6 t 6 per single family housing unIt at the time of building permit
issuance. The school impact fees are subject to annual adjustment and update and
may exceed the present amount. School children will walk to lIahee Junior High
School and the provision of sidewalks will assure safe walking conditions. Elementary
and senIor high swdents will receive bus transportation to and from schooL
The Lakehaven Utility Distrier will provide domesdc water, fire flow, and sanitary
sewers to the site, The applicant will construct the storm drainage facilitIes to meet
the standards of 1998 King County Surface Water Design Manual and the City's
amendments thereto, The preliminary design shows water colleCted and conveyed
through a series of pipes and carch basins to a storm drainage water quality
treatment facility located in the northwest portion of the site adjacent to 360th S1.
Prior to receiving final approval, the applicant mUSt either analyze the downStream
capacitY to the SW 356th St. regional storm water facility to verifY adequate
capacity and pay a prorata share for off-site derenåon¡ or design an on.sire storm
EXHIBIT It
PAGE---2-0F II
Page - 6
18,
water infiluation or detention facility in accordance with City standards,
Prior to obtaining preliminary plat approval the applicant must establish that the
request satisfies the criteria set forth in Section 20-1 26(c) FWCc. Findings on each
criteria are hereby made as follows:
A.
c.
As previously found, the project Is consistent with the Federal Way
Comprehensive Plan which designates the propertY as Single Family-High
Density.
B,
The project is consistent with all applicable provisions of the FWCC including
those adopted by reference from the comprehensive plan to include Chapter
l!i, environmental policy; Chapter 20, subdivisions; and Chapter 22,
zoning. Fuwre development of the residential subdivision must also comply
with applicable development codes and regulations. Conditions of approval
will ensure compliance with all provisions of the FWCc.
The project is consistent with the public health, safety, and welfare assuming
compliance with conditions of approval.
D.
The preliminary plat promotes the purposes Identified in FWCC Section 2()"
2 as well as the standards and regulations set forth therein.
E.
The preliminary plat complies with the development standards listed in
Sections 20- 151 through 157, and 20-158 through 187 FWCc.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3,
The Hearing Examiner has jurisdiction to consider and decide the issues presented by
this requesL
The proposed preliminary plat of Devonshire is consistent with the goals, policies,
and objectives of the Federal Way Comprehensive Plan and satisfies all requirementS
of the RS-9.6 zone classification as amended by the cluster subdivision alternative of
the FWCc.
The proposed preliminary plat makes appropriate provision for the public health,
safety, and welfare for open spaces, drainage ways, sueetS, roads, other public ways,
A
II
EXHIBIT
PAGE-1-0F
Page - 7
water supplies, sanitary waste, fire protectiont parkst playgrounds, schools, schoo!
grounds, and safe walking conditions. The proposed preliminary plat will serve the
public use and interest by providing an attraCtive location for a single family
residential subdivision in the southern portion of the CIty consistent with existing
development. Therefore, the proposed preliminary plat of Devonshire should be
approved subject to the following conditions:
1. Final plat approval s~all require full compliance wIth drainage provisions set forth in
the FWCc. Complia~ce may result in reducing the number and/or location of lots
as shown on the preliminary approved pIaL Final storm drainage engineering plans
shall comply with the following:
!
A. Drainage plans ¡!Od analysis shall comply with the 1998 KCSWDM and
amendments adopted by the City of Federal Way. City of Federal Way
approval of the drainage and roadway plans is required prior to any
construction.
B. On-site stormwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDM as amended by the CIty of
Federal Way.
C. The Storm water runoff control (detention) for Devonshire muS1: meet and
implement one of the following alternatives:
1) Analyze the downstream drainage system to the SW 356th Street
regional Stormwater facility to verify adequate capacity; and design
and reconstruct any portions of the conveyance system necessary to
accommodate the increase in runoff, In addition, the applicant will
be required to pay a pro-rata share for off-site detention capacity to
be determined by the City. The final plat shall not be recorded and
construction of the offsite drainage conveyance system shall not
begin until the City's proposed SW 356m Regional stonnwater
facility is operational; or
2) An on-site Stormwater infiltration or detention facility shall be
designed and constructed in accordance with Chapter 5 of the
1998 KCSWDM. Adequate capacity of the downstream
conveyance system from Devonshire Plat shall be verified and
improved as necessary. Additional excavation of me closed
depression on City-owned property will be required to compensate
EXHIBIT A
PAGE--.lOF ) I
Page - 8
for the increased runoff volume from Devonshire, with
accompanying calculations required,
Final review of the stormwater quality and detention will occur in conjunction with
the full drainage review.
2. The applicant shall be required to construct all stonn drainage improvements
necessary to mitigate all identified conveyance problems, whether existing or
resulting from the plat's development, as identified during engineering plan review,
as required by the Public Works Director. Engineeling approval shall not be granted
if it is determined that proposed mitigation Is not adequate to address the Impacts
of the project.
3, The final plat drawing shall establish Tract A in an open space tract to be owned in
common and maintained by property owners of the proposed subdivision. The final
plat note shall include provisions, prohibiting removal or diswrbance of vegetation
and landscaping within the regulated wetlands and buffers in Tract At except as
necessary for maintenance or replacement of existing plantings and as approved by
the City. Additional vegetation may be located in the open space tract to meet the
MDNS condition as approved by the Círy, A note shall be included on the final
plat map that the open space tracts shall not be developed with any buildings, and
may not be used for financial gain.
4. Prior [0 issuance of construction permitst a final landscape plan, prepared by a
licensed landscape architect, shall be submitted to the Ciry for approvalt and shall
include the following elementS:
a. Open space landscaping in Tract A;
b. Street trees in right-of.way landscape planter strips;
c. Tree preservation plan; and
d. Visual screening of the StOrm drainage Tract C from adjacent right-of-way
with landscaping and/or fencing. Cyclone fencing, if used, shall be coated
black or green, and shall be screened by vegetation.
5, The proposed subdivision shall comply with the 1993 King Counry Road
Standards (KCRS) as amended by the Cry of Federal Way for this project,
including the following requirementS:
EXHIBIT A
PAGE-Í-OF --1L
Page - 9
A. SW 360th Street shall be improved along the frontage of the project as a
Minor Collector, half.street improvement. Improvements will include
dedication of 30 feet of new right-of-way 00 combine with the existing 30 feet
of right-of-way for a tOtal of 60 feet. SW 360th Street shall be improved with
a minImum of 20 feet of pavement, vertical curb and gutter, four-foot planter
strip, street trees, streedights, and six-foot wide sidewalk (curb, planter and
sidewalk only on south side.
B. Internal plat streets shall be improved as local streets, which include 52-foot
wide right-of-way and 28-foOt pavement width, Vertical curb and 'gutter, four-
foot planter strips, and five-foot wide sidewalks shall be provided on both sides
of the street. Streedights and street trees shall also be provided.
C. Tracts B shall be improved 00 the private access tract standard and shall be
limited to serving a maximum of four lots. The lots that abut these tracts for
access shall have undivided ownership of the traCt and be responsible for its
maintenance. The maintenance agreement for the private access tracts shall be
included on the plat and the language approved by the City. Improvements
shall include a 38-foot tract width and 24-foot pavement width with vertical
curb, gutter, and five-foot wide sidewalks on both sides of the street. Tract
length shall be limited 00 a maximum of 1 50 feet from face of curb to end of
the tract.
D. Streets shall have a minimum pavement section of three inches Oass B asphalc
over seven inches of crushed surfacing on all internal streets and three inches
Oass B asphalt over eight inches of crushed surfacing on SW 360th Streec 00
support the traffic loads.
6. Gearing for the construction of the plat improvements (roads, pond and utilities
and 12 lots) shall be generally consistent with the clearing limits depicœd on the
Preliminary Road Grading, Soonn Drainaget and Utility Plan, Sheet 4 of 6, thac
was prepared by the applicant for the preliminary plat process. The clearing
limits referenced above are the approximate clearing limits necessary for road,
utility, pond, and necessary loc grading, and may be modified with the approval
of the Community Development and Public Works Deparunents during final
engineering plan review as required 00 reflect changes in road and utility designs,
if any,
EXHIBIT A
PAGE~OF \ l
Page - 10
7. As required by the Public Works Director, prior to final plat approval, the
applicant shall InStall cwo speed humps (four total humps) and signage
constructed to City Standards on I I th Avenue SW and 12th Avenue SW
betWeen SW 360th Street and SW 356th Street-
8. As required by the City, in order to mitigate potential safety impaCtS, due to the
proximity of the proposed usable open space area (Tract A) near a curve in the
roadway, street signage should be implemented regarding notification of the park
area. A plan for street signage shall be approved by the City, and sígnage
implemented prior to final plat approval.
DECISION:
It is hereby recommended to the Federal Way City Council that the proposed preliminary
plat of Devonshire be approved subject to the conditions contained in the conclusions
above.
TRANSMITTED THIS 16th DAY OF October, 2002, to the following:
APPLICANT:
Rudy Spangler
2687 SW Innd
Seattle, WA98166
AGENT:
Barghausen Consulting Engineers, Inc.
G. Wayne Potter
18215 nnd Avenue South
Kent, WA 98032
ENGINEER: Barghausen Consulting Engineerst Inc.
Robert Al11lstrong, PE
18215 nnd Avenue South
Kent, WA 98032
City of Federal Way, c/o Chris Green, P.O. Box 9718, Federal wai:xHiËfIT-9718 A
PAGE~OF II
CITY COUNciL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation.of
the hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of
the hearing before the hearing examiner, oral comments received during the public
meeting (so long as those comments do not raise new issues or information not
contained in the examiner's record) and the hearing examiner's written report. These
materials shall be reviewed for compliance with decisional criteria set forth in section 20-
126, The city council may receive new evidence or information not contained in the
record of hearing before the hearing examiner, but only if that evidence or information: (i)
relates to the validity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know and was under no duty to discover or could
not reasonably have discovered the evidence until after the hearing examiner's decision;
or (ji) the hearing examiner improperly excluded or omitted the evidence from the record.
If the city council condudes, based on a challenge to the hearing examiner
recommendation or its own review of the recommendation, that the record compiled by
the hearing examiner is incomplete or not adequate to allow the city council to make a
decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary
findings and/or conclusions on the matter or matters specified in the motion,
After considering the recommendation of the hearing examiner, the city council may
adopt or reject the hearing examiner's recommendations based on the record
established at the public hearing. If, after considering the matter at a public meeting, the
city council deems a change in the hearing examiner's recommendation approving or
disapproving the preliminary plat is necessary, the city council shall adopt its own
recommendations and approve or disapprove the preliminary plat.
As part of the final review, the city council may require or approve a minor modification
to the preliminary plat if.
(a)
(b)
The change will not have the effect of increasing the residential density of the
plat;
The change will not result in the relocation of any access point to an exterior
street from the plat;
The change will not result in any loss of open space or buffering provided in the
plat; and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter
the project.
(c)
(d)
EXHIBIT fi
PAGE-1LOF II
I
T~'
F1OM:
REi:
I
D'*- TE:
i
I
T~e Examiner issued a correCted Report and Decision dated OCtober 16, 2002,
Condition No, 6 within said decision was'an oversight and should be revised to read
as ¡follows: '
S~CIca
I
I
I
MEMORANDUM
PARTIES OF RECORD ¡¡:-.
STEPHEN K. CAUSSEAUX, JR., Hearing Examiner JJR.~
PRELIMINARY PLAT OF DEVONSHIRE
October 21,2002
6.
Due to the topography of the project, the applicant may conduct I&F
mass clearing and grading of the subject site. kK L-
Q'e~~~.Œ'Ls
~~~-
~
EXHIBIT ß
PAGE-LOF I
I.
II.
m
IV.
V
VI.
VII.
VIII.
IX.
X
XI.
XII.
xm
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TOTHE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF DEVONSHIRE
Federal Way File No. 01-102793 SU
PUBLIC HEARING - SEPTEMBER 10, 2002
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33530 FIRST WAY SOUTH
Table of Contents
General Information..".,.........,.".,.,.....
Consulted Departments and Agencies ..
State Environmental Policy Act..
Natural Environment., . ...,..,.
Neighborhood Characteristics..
General Design..
Transportation, ,
Public Services,
Utilities,.",.."......",..,.,..,........".
Analysis of Decisional Criteria,.,..
Findings of Fact and Conclusion ,.
Recommendations, .
List of Exhibits '
Report Prepared by:
Jim Harris, Senior Planner
September 3, 2002
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EXHIBIT C
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CITY OF FEDERAL WAY.
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
ST AFF REPORT FOR THE PUBLIC HEARING OF SEPTEMBER 10, 2002
PRELIMINARY PLAT OF DEVONSHIRE
File No:
01-102793-00-S0
Agent:
Barghausen Consulting Engineers Ine,
G. Wayne Potter
18215 nod Avenue South
Kent, W A 98032
Phone: 425-251-6222
Engiljeer:
Barghausen Consulting Engineers Inc.
Robert J. Armstrong, PE
18215 nnd Avenue South
Kent, WA 98032
Phone: 425-251-6222
Owner:
John Leonard & Mr and Mrs, Harold Strand
Action
Requested:
Preliminary plat approval of a 29-10t residential lot cluster subdivision as provided for
under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring
approval pursuant to FWCC Section 20-110,
Staff
Representative:
Jim Harris, Senior Planner, 253-661-4019
Staff
Recommendation:
Preliminary Plat Approval with Conditions
GENERAL INFORMATION
A
Description a/the 1'ro1'osal- The applicant proposes to subdivide a vacant 9.84 aere lot into 29
residential single-family lots in a cluster subdivision, with each lot having a minimum of 5,000
square feet and an average lot size of 6,127 square feet. Since the proposal is for a cluster
subdivision, pursuant to FWCC Seetion 20-154, the minimum lot size may be up to one half the
size of the underlying zoning requirement, but no smaller than 5,000 square feet.
The preliminary plat map, revised Deeember 7, 2001, along with significant tree retention plan;
prcliminary road, grading, and utility plan; road profile; water quality pond plan; street tree plan;
and preliminary landscape plan by Barghausen Consulting Engineers are enclosed (Exhibit I).
EXHIBIT C
.i}~r. ') OF JI
.'.""~~ ~
II
B.
Location ~ The site is located in the southern portion of the City, south of SW 360'" Street between
lOth AvenueSW and 12th Avenue SW. (Exhibit 1).
c.
Parcel Nos. - 302104-9097 and 302104-90989. Legal description is on the plat map,
D.
Size of Property - The subject site has a land area of 428,630 square feet (9,84 acres).
E
Land Use and Zoning-
Direction
Site
North
South
East
West
Zoning
RS-9.6'
RS-9.6
RS-9.6
RS-9,6
RS-9.6
Comprehensive Plan
SF - High Density
SF - High Density
SF - High Density
SF - High Density
SF - High Density
Existing Land Use
Vacant
SFR2
Silverwood Open Space
SFR
Vacant, SFR, and Right-of-Way
F
Background - The preliminary plat of Devonshirc was submitted on July 16, 2001 (Exhibit 2).
The application was determined complete on August 13, 2001.
CONSULTED DEPARTMENTS, AGENCIES AND PUBLIC
The following departments, agencies, and individuals were advised of this application,
A
Community Development Review Committee (CDRC), consisting o[the Federal Way Community
Development Services Planning and Building Divisions; Public Works Engineering and Traffic
Divisions; Parks, Recreation, and Cultural Resources Department; Department o[Public Safety
(Police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public
Schools. CDRC comments have been incorporated into this report where applicable.
B
All property owncrs and occupants within 300 [eet o[the site were mailed notices o[the complete
preliminary plat application, The site was also posted and notice published in the newspaper and
on the City's official notice boards A petition with 15 signatures and eight additional comment
letters were submitted in response to the notice of application (Exhibit 3). On September 18,2001,
the City responded to thc 23 parties that provided commcnts on the notice of application (Exhibit
4)
C
In accordance wtth the State EnvIronmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and all
affected agencies, were notified o[the proposed action and the City's environmental decision. In
addition, the site was posted and notice placed in the newspaper and on the City's official notice
boards.
'RS,96 ~ single family residcnÜal, 9,600 SF mil1lmum lot Size,
'SFR ~ single family residential
EXHIBIT L
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01-102793,OO-SU/ooclD20004
Stair Report to the Hearing Examiner
I'lchnnn:",' I'l:tl of Dcvonshire
III STATEENVIRONMENTALPOLICYAcr
A Mitigated Environmental Determination of Non significance (MONS) was issued by the City of
Fcdcral Way for thc proposed action on May 8, 2002 (Exhibit 5), This determination was based on review
of information in the project file, including the environmental checklist (Exhibit 6), and staff evaluation of
the environmental checklist for Devonshire (Exhibit 7), resulting in the conclusion that the proposal would
not result in probable significant adverse impacts on the environment provided the applicant complies with
the mitigation measures in the MONS.
No comments or appeals on the SEPA decision were submitted to the City.
IV NATURAL ENVIRONMENT
A
Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy
Loam (AgB), Alderwood soils are characterized as moderately well drained soils that have a
weakly consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgB soils
are described as capable for urban development, runoff is slow, and erosion hazard is slight.
Typical soils excavation will occur with the street construction, at the site of the proposed on-site
watcr quality lrcatment facility, and for utility installation. The preliminary clearing and grading
plan depicts clearing limits for construction of the following facilities: strcet right-of way, surface
water pond, usable recreation area, and utility development. Additionally, due to the sitc
topography and to accommodate future lot drainage, the applicant is proposing to clear and grade
lots I, 12, and lots 7 - 16 while constructing the plat inITaslructure.
B.
Topography - The site has a gradual slope rising from the north to the south. The site docs not
have any stecp slopes or any othcr geologically hazardous areas.
c
VegetatiOn - The site is heavily wooded and consists primarily of second growth forest with a
mixture of conifer and broadleaf trees, with a dense understory of native shrubs. A second growth
mixed forest and a second growth broadleaf forest are the two most prevalent vegetation types on
that portion of the site which will be developed. Dominant trees include Douglas fir, red alder, and
big leaf maple,
A significanltree retention plan (Exhibit I) was submitted with the application. Two
represcntativc one-acre significant tree samples were provided in lieu of survcying all significant
trees on thc entire 9.84-acre site, Although the significant trees arc not evenly distributed on the
site, the two representative tree plots identify typical samples ofthc significant trees located.
Approximately 46 percent of the site (4,5 acres) will be cleared in conjunction with plat
infrastructure construction as proposed, Clcaring 46 percent of the site would result in removal of
approximately 46 percent of the significant trees on the site. Therefore, approximately 54 pereent
of the overall significant trees on the entire site would remain on the site following infrastructure
construction.
Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and
EXHIBIT C
p.AGE~OF ..2L
Slall' Rel'","lo the Hearing Examiner
P'Tlnnn"", 1'la! orDcvon,lmc
01-102793,00-50 I """D"OO'
landscape plan pursuant to FWCC Section 20-158. City policy and FWCC Section 20-179 state
that existing mature vegetation shall be retained to the maximum extent possible. Retained
significanttrces outside of open space areas would be regulated under FWCC Section 22~1568,
"Significant Trees," at the time of individual home construction.
D.
Wetlands - Several wetlands exist on the subject property. A wetland assessment and delineation
by Chad Annour (revised February 25, 2002) revealed several wetlands on and adjacent to the site
(Exhibit 8), A summary of the wetland name, size, type, FWCC required buffer width, and
proposed impact arc as follows:
Name Size Classification Rea'd Buffer ProDosed Imnact
F OJ} 1,927 sf Unregulated -0- Fill
K EE 956 sf Unreí!Ulated -0- Fill
H CC 1,910 sf Unreí!Ulated -0- In ODen Snace
[ ßß 810 sf Unregulated -0- In aDen sDace
CA - FF 3,110 sf TvDOII 100 feet Undisturbed
CII M 4,470 sf TvpelI 100 feet Undisturbed
G (alT-site) 2,970 sf Tvpe ¡¡ 100 feet Undisturbed
No temporary or pennanent intrusions into the three regulated wetlands or wetland buffers are
proposed As proposed, all regulated on-site wetlands and on-site buffers will be preserved and not
disturbed.
Four small wetlands, each less than 2,500 square feet, are located on the property. These wetlands
arc exempt from regulation under FWCC Section 22-1357. Wetlands DO and EE are proposed to
be filled in conjunction with development of the pIal. The other two remaining unregulated
wetlands (BB and CC) arc located within thc usable open space area and may potentially be
displaced in the future; however, displacing/filling wetlands BB and CC is not proposed at this
time.
The Cily's wetland consultant, Adolfson Associatcs Inc, (AAI), has reviewed the Terra Associates
rcport and generally concurred with the wetland delineations and findings in a September 24,2001,
wTitten revicw (Exhibit 9),
A condition of the SEP A decision requires the developer to provide fencing and signing the
perimeter of on site wetlands AA and FF, in order to minimize potential intentional or inadvertent
weiland buffer intrusions by human activity.
E
Wildlife and Habitat - The applicant provided a Revised Wildlife Evaluation by Chad Armour,
LLC (revised October 9, 200 I, Exhibit 10). In addition, Mr. Annour provided the City additional
infom1ation in an April 4, 2002, lettcr to the City (Exhibit 11).
Adolfson Associates Inc. (AAI), working on behalf of the City of Federal Way, reviewed the initial
Wildlife Evaluation submitted to the City for the project and provided a wTitten revicw (September
24, 200 I), generally concurring with the findings and conelusions of the Wildlife Evaluation
(Exhibit 12)
EXHIBIT
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;21
Sta1fRcrort 10 the 1karing Examiner
1'"'1"""",,, Pial o[Dcvoosl",c
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OI-1O2793-00-SlJ I Doc!D'OOO.'
Pursuant to the Armour Wildlife Evaluation, the site docs not meet the FWCC definition ofFish
and Wildlife Habitat Conservation Area. Further, Armour coneluded that the site docs not support
endangered, threatened, or sensitive species primarily associated with the two dominant plant
communities, or the smaller wetlands on the site. The Armour Wildlife Evaluation also notes the
Washington State Department ofFish and Wildlife (WDFW) did not report any priority wildlife
species on or near the site.
The site provides habitat for mammals, amphibians, rodents, as well as songbirds and insects.
Some of these animals will be eliminated or displaced by the proposal. In addition, the introduction
of human activities, including domestic animals, to the site may threaten the viability of any
remaining habitat.
The April 15,2002, Armour letter states that development of the site will not likely create a
significant adverse impact to the foraging habitat of the pileated woodpecker. However, Armour
proposes to create three new snags on the site to offset the potential impact to the pileatcd
woodpeckcr habitat on the sitc,
Approximately 3.36 acres of the site (34 percent) is proposed as open space. These 3.36 acres arc
proposed for use as both active recreation area and natural open space, and will continue to provide
some habitat opportunity. The primary mitigation of wildlife impacts is through minimization of
impact by preserving approximately 34 percent of the site as open space,
In order to minimize potential wildlife habitat impacts, SEPA condition number three requires the
remaining habitat opportunity within the undisturbed portion of Tract A (which is active/ usable
open space) to be maximized by appropriate design and construction of any future open area
development within Tract A. Additionally, SEP A condition number four requires the creation of
three snags within permanent open space areas before final plat approval.
v
NEIGliBORHOOD CHARACTERISTICS
A.
Vicinity - The property is situated in the southern portion of the City, in a single-family residential
area. The site is vacant. The majority of adjacent properties to the north are developed with single-
family residences on lots ranging from approximately 9,000 to 30,000 square feet. To the east, the
majority of the lots are developed with single-family residences on lots within the plat of
Silverwood, with an average lot size of approximately 5,500 square feet To the south is the
Silverwood open space. To the west, lots range from approximately 9,000 square feet to one acre.
B.
SW 363,d Street Open Space - The 363'd Street Open Space Park, owned by the City of Federal
Way, is adjacent to the southwest comer of the Devonshire site, across the undeveloped 12'h
A venue SW right-of-way, The SW 363'd Street Park is approximately five acres in size, consists
mostly of a small wetland, and is intended for passive recreation.
EXHIB!T L
PAGE-LOF ~I
VI
GENERAL DESIGN
A.
DemUy-- Pursuant to FWCCC Section 20-153, the total number of lots created in a elustcr
S\;ill Rcror110 Illc Hc.ring Exam",cr
I '",1 " """"V I'b! olîJc'o",lmc
Page 5
01-102793-00-50/ Doc 10 200or
subdivision cannot exceed the number of lots that would be permitted in a conventional subdivision
on a site of the same total area, after reservation of the required open space, The total number of lots
permitted is calculated by subtracting the required open space of 15 percent, and subtracting 20
percent for streets from the gross land available, then dividing by the minimum lot size of the
underlying zoning district. Therefore, the maximum number oflots that could be created on the
subject 9,84-acre parcel is 29 lots, based on the calculation below,
Total Lot Area
Minus 15% open space
Minus 20% for streets
428,661 sq,[t
64,299 sq.ft.
85 732 so.ft.
278,630 sq.ft
divided by 9,600 = 29 lots maximum
(9,84 ac)
13
Lot Size - The proposed Devonshire lots range in size from 5,000 to 9,618 square feet, with an
average lot size of 6,127 square feet. Pursuant to FWCC Section 20-154, lots created in a cluster
subdivision may be up to one-half the size of the underlying zoning requirement, but in no case
smaller than 5,000 square feet. Pursuant to FWCC Section 20-154(a)(3), lots in the proposed
cluster subdivision that arc immediately adjacent to an established single-family neighborhood
shall be no smaller than the neighboring lot size, or the underlying zoning minimum lot size minus
10 percent, whichever is smaller The proposed plat complies with this standard by providing a
minimum lot size of 8,640 square feet for lots 1,2, and 7 (adjacent (0 an RS 9.6 zone, 9,600-
I O'Yo ~ 8,640), In addition lots 12,29, and 23 - 27 arc adjacent to the existing Silverwood cluster
plat with approved minimum lot sizes of 5,000 square feet. Therefore, the proposed lots adjacent
10 Silverwood arc consistent the adjacent Silverwood cluster plat lots which are zoned RS 9,600,
but were approved in a 5,000 square foot minimum lot size cluster plat.
C
Cluster Plat Approval Criteria - The Devonshire cluster plat is subject to the approval criteria
contained in FWCC Section 20-154(7)(c), and FWCC Section 22-1 640.Thc plat generally meets
the approval criteria by providing a singlc-family cluster plat compatible with surrounding areas
and providing extensive on-site-open space,
Review of future single-family home permits in the Devonshire site are subject to minimum
architectural design standards regarding garage facades and front entry design. Two prototype
sample house elevations and site plans that generally meet FWCC Section 22-1640 arc provided
for information with the preliminary plat application (Exhibit 1),
In addition, the preliminaty plat as proposed generally fulfills FWCC Section 22-1640 standards,
which inlend each dwelling unit for owner occupancy. The proposed Devonshire cluster plat meets
the intent of this section by focusing solely on the development of single-family residential
structures as opposed to other types of development allowed under the cluster subdivision, such as
duplexes, townhomes, or zero lot line development. In addition, the applicant has stated in a
December 10, 2001, letter (Exhibit 12) that the project covenants will promote and enhance home
ownership.
[)
Lo/ fJI)YJUt - Most of the proposed lots arc of rectangular shape, and two lots gain access from a
private access roadway, All building setback lines (BSBL) are depicted on the preliminaty plat
map, and each lot contains an adequate building area. EXHIB!T L
PAGE---.:LOF -4-
rage 6
OI-IO2793-00-SlJ/Oex'D200"'
Slaff Repml 10 the llearing Examiner
1',d""",alV l'lal of Devonsl"le
E
Open Space ~ To provide adequate recreational opportunities commensurate with new residential
development, FWCC Chapter 20, "Subdivisions," requires dedication ofland on site for open
space, or a fee-in-lieu payment. However, in accordance with FWCC Section 20-154(e), a cluster
subdivision must provide all required open spacc (15 percent) on-site, and it must all be usable,
except up to five percent can be buffer.
Tract A is a 146,518 square foot parccl (3.3 acres) that also contains two regulated wetlands and
two unregulated wetlands. The proposed 84,506 square feet of usable open space in Tract A
exceeds the minimum requirement of 42,866 square feet (10 percent of the 428,661 square foot
parcel), Access to the usable portion of Tract A is centrally located within Devonshire and is
accessible from a public street. The usable portion of Tract A is contained within one contiguous
area and provides for active recreation opportunities. The usable portion of Tract A has an average
slope of less than one percent. The applicant has proposed to develop a portion of Tract A with an
irrigated open la\\11 play area and a children's tot lot.
Approximately", of Tract A will be left in its current vegetated condition as native open space.
Since the undeveloped portion of Tract A contains regulated and unregulated wetlands and wetland
buffers, and has potential to be further developed with additional recreational improvements in the
future, SEP A condition number three requires any future development of Tract A beyond that
presently proposed to be designed and constructed to protect and enhance wildlife habitat to the
maximum cxtcn1 feasible.
The applicant has proposed ownership of Tract A to be by the future homeowners association.
Final verification of compliance with the minimum usable open space area requirements will occur
in conJunction with review of the final plat.
F
Subdivision Access and Roadway System - Aceess to the site will be provided by the southward
extensIOn of II ti; Avenue SW and 12ti; Avenue SW, construction ofSW 360ti; Street between lOti;
Avenue SW and 12th Avenue SW, and by the westerly extension of SW 361,1 Place.
Section Vll of this report provides a detailed description of the proposed roadway system and
improvements,
G
l'edestnan System - Sidewalks will be provided along all street frontages, Specifically, full street
improvements include five-foot wide sidewalks on both sides of the street. Half street
improvements at SW 360ti; Street will include a six-foot wide sidewalk and four-foot planter strip
only on the southerly side of the street.
Ii
Landscape nuffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers are
specified only when the plat is adjacent to an incompatible zoning district. The proposed plat is
bordered on all sides by single-family residential zoning; therefore, no perimeter buffers are
required. Street trees, when mature, open space vegetation, and screening of the storm drainage
lracl, will contribute to visual buffering. Street tree requirements are described in Section VII-A of
this repol1.
EXHB3~T C.
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01-102793-00-SU/DocIlJl00D'
StatrI!ep"rt to the Hearing Examiner
1',01"",,'0' Plat or Devonsl1lfe
VII TRANSPORTATION
A.
Street Improvements - Access to the site will be provided by the southward extension of II '"
Avenue SW and 12'" Avenue SW, construction ofSW 360'" Street between 10'" Avenue SW and
12'" Avenue SW, and by the westerly extension ofSW 361't Place, In aceordance with the FWCC,
all street improvements must be dedicated as City right-of-way (except the private access tract)
and improved to full street standards.
A November 2, 200 I, Traffic Impact Analysis by the Transpo Group (Exhibit 13) was submitted
for the project. The City's Traffic Engineer has reviewed the projcet and concluded that the
proposed street layout of the Devonshire subdivision is consistent with the adopted codes and
comprehensive plan in place at the time of the complete application.
SW 360'" Street shall be improved along the frontage of the project as a Minor Collector, half-
street improvement. Improvements will include dedication of 30 feet of new right-of-way to
combine with the existing 30 feet of right-of-way for a total of 60 feet. SW 360'" Street shall be
improved with a minimum of 20 feet of pavement, vertical curb and gutter, four-foot planter strip,
street trees, streetlights, and six-foot wide sidewalk (curb, planter, and sidewalk only on south
side).
Internal plat streets shall be improved as local streets, which include 52-foot wide right-of-way and
2X-foot pavement width. Vertical curb and gutter, four-foot planter strips, and five-foot wide
sidewalks shall be provided on both sides ofthe street. Streetlights and street trees shall also be
provided.
Tract B shall be improved to the City code private access tract standard and shall be limited to
serving a maximum offour lots. The lots that abut this tract for access shall have undivided
o\\l1ership of the tract and be responsible for its maintenance. The maintenance agreement for the
private access tracts shall be included on the plat and the language approved by the city,
Improvements shall include a 38-foot tract width and 24-foot pavement width with vertical curb,
gutter and five-foot wide sidewalks on both sides of the strcet. Tract length shall be limited to a
maximum of 150 feet from face of curb to end of the tract.
Pursuant to Public Works Department review, all streets shall have a minimum pavement section
of three inches Class B asphalt over seven inches of crushed surfacing on all internal streets and
three inches Class B asphalt over eight inches of crushed surfacing on SW 360" Strcet to support
the traffic loads.
Street lighting is required on all streets pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved preliminary
roadway improvements and curve radius as proposed,
B
OjfSite Traffic Miligalion - This proposal has been reviewed under the Slate Environmental
Policy Act (SEP A). Pursuant to SEP A condition number five, in order to mitigate for potential
adverse transportation impacts resulting from the construction of the project, the applicant must
EXHIBIT
PAGE q
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Page 8
OI-102793-00-SlJ/00c1lJ200<J.'
Stair Report to 1hc Hearing Examiner
i'"i""""". i'bt ofDevonshicc
construct the impacted Transportation Improvement Plan (TIP) project before [mal plat approval.
In lieu of constructing this TIP project before final plat approval, the applicant may voluntarily
offer to pay a pro-rata share contribution of $3,900.00 towards the impacted TIP project based on
the calculation in the MDNS.
C
Neighborhood Traffic Safety (NTS) - On July 23, 2002, the applicant and City conducted aNTS
meeting with residents around the area of the proposed plat as requested by City staff. As a result
of the public meeting, in order to minimize potential neighborhood traffic safety issues, prior to
final plat approval, the developer shall install two speed humps (four total) constructed to City
standards on both II th and 12th Avenues.
VIII PUBLIC SERVICES
A
Schools - As part of the City's initial review of the proposal, the preliminary plat application was
referred to the Federal Way School District for comments. March 14,2001, comments from the
school district indicate Enterprise Elementary, Illahee Junior High, and Federal Way Senior High
schools will serve the proposed subdivision (Exhibit 14), Elementary and senior high students
from this development would receive bus transportation to and from school, as these schools arc
over one mile from the site
The applicant provided a November 2, 2001, School Access Analysis as a component of the TIA.
The school aecess analysis identifies a safe path of travel for students walking, In summary, a safe
roule of pedestrian travel will be provided to Illahce Junior High School following construction of
the on-site sidewalks and the frontage sidewalk that will be constructed along SW 360th Street, as
identified in the March 5, 2002, memo from Ms. Geri Walker with Federal Way Public Schools
(Exhibit 15) .
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development.
School impact fees, as authorized by City ordinance and collected at the time of building permit
issuance, are currently $2,616.00 per single-family housing unit. School impact fces are
determined on the basis of the district's Capital Facilities Plan and are subject to annual
adjustment and update.
13
Parks & Open :'pace - The Devonshire site is within a couple hundred fcet (across an existing
undeveloped right-of-way) to the existing City of Federal Way SW 363'd Open Space Park. The
SW 363" Open Space is an undeveloped park, which ineludes wetlands, The intended use of the
site is for passive recreation, Access to the City of Federal Way's proposed BPA Phase 3 Trail
(multi-modal transportation and recreational) is approximately two to V. miles north and west of
the Devonshire site
On-site parks and open spaee requirements arc discussed in Section VI of this report.
C
Fire Protection - The Certificate of Water Availability from the Lakehaven Utility District
indicates that water will be available to the site in sufficient quantity to satisfy fire Øe~.¡~. .. '¡:u.d~T /"
!G:ú~nãE~ ~
D;~m:.~OF 2.
Page 9
OI-102793-00-SU / D~'D200C'
S",'-'-¡iep0l1 to the llearing Exa",iner
1',clin,i"",v Plat ofDcvomhi,c
IX
for the proposed development. The Fire Department requires that a ftre hydrant be located within
350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved
by the Fire Department.
UTILITIES
A.
Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A May 23, 2001, Certificate of Sewer Availability
(Exhibit 16) indicates the district's capacity to serve the proposed development through a
Developer Extension Agreement (DEA) between the applicant and the district.
ß
Water Supply - The applicant proposes to serve the subdivision with a public water supply and
distribution systcm managcd by the Lakehavcn Utility District. A May 23, 2001, Certificate of
Water Availability (Exhibit 17) indicates Lakehaven's capacity to serve the proposed development
through a DEA
C
Drainage Facilities - Development of the site will create additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the J 998 King County Surface Water Design Manual (KCSWDM) and the
City's amendments to the manual. The applicant's February 21, 2002, preliminary storm water
Technicallnrormatíon Report (TIR, Exhibit 18) and addendum revised March 22, 2002 (Exhibit
19) by Barghausen Consulting Engineers, Inc., were reviewed by the City's Public Works
Department.
The preliminary design proposes to collect and convey water through a scries of pipes and catch
basins into a storm drainagc watcr quality treatment facility located ncar the northwest portion
(adjacent to SW 360'" Street) of the Devonshire site. The storm water fiow control (detention) for
Devonshire must meet and implement one of the following alternatives:
I) Analyze the downstream drainage system to the SW 356'" Street Regional storm water
facility to verify adequate capacity; and design and reconstruct any portions of the
conveyance syslem necessary to accommodate thc increase in runoff. In addition, the
applicant will be required to pay a pro-rata share for off-site detention capacity to be
dctermined by the City, The final plat shall not be recorded and construction of the
offsite drainage convcyance system shall not begin until the City's proposed SW 356'"
Regional Stormwater Facility is operational; or
2) An on-site stormwater infiltration or detention facility shall be designed and
constructed in accordance with Chapter 5 of the 1998 KCSWDM. Adequate capacity
of the downstream conveyance system from Devonshire Plat shall be verified and
improved as necessary. Additional excavation of the elosed depression on City-ovmed
property will be required to compensate for the increased runofT volume from
Devonshire, with accompanying calculations required.
Final review of the stonnwater quality and detention will occur in conjunction with the full
drainagercview EXl-llBrr L-
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01-102793-00-SU 1!JocIDWOO'
Slan'!,"PO][ to lire Hcaring E"mine]
1',,1 """""y Plat oflJcvonslmc
x
ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for dcciding upon various types of land
use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat
applications are submitted to the hearing examiner for public hearing. The preliminary plat application
and the recommendation of the hearing examiner is submitted to the City Council for approval or
disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the
hearing examiner may recommend approval of the proposed preliminary plat only if the following
decisional criteria are met. Decisional criteria and staff responses are provided bclow.
The project is consistent with the comprehensive plan.
Staff Comment: The application is subject to the adopted 2000Federal Way Comprehensive Plan
(FWCP), which designates the property as Single Family - High Density. The proposed land use,
Single Family Residential lot cluster plat, with 5,000 square foot minimum lot size (RS-9.6), is
consistent with density allowances and policies applicable to this land use as established in the
FWCP.
2.
The project is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan.
Staff Comment: The preliminary plat application is required to comply with the provisions of the
FWCC Chapter 18, "Euvironmcntal Policy"; Chapter 20, "Subdivisions"; Chapter 22, "ZoniAg";
and all other applicable codes and regulations. Future development of the residential subdivision
will be required to comply with all applicable development codes and regulations, As proposed,
and with conditions as recommended by staff, the preliminary plat will comply with all provisions
of the chapter.
3.
The project is consistent with the public health, safety, and welfare,
Staff Comment: The proposed preliminary plat would permit development of the site consistent
with the current Single Family High Density land use classification of the FWCP and map.
Proposed access and fire hydrant locations must mect all requirements of the Federal Way Fire
Department. Future development of the plat in accordance with applicable codes and rc¡,'Ulations
will cnsure protection of the public health, safcty, and wclfare,
4
It is consistent with the design criteria listed in section 20-2,
StoJJComment: The proposed preliminary plat would promote the purposes identified in FWCC
Section 20-2, and the standards and regulations therein, as identified in the staff report, including
effective use of land, promotion of safe and convenient travcl on streets, provision for the housing
needs of the community, protection of environmentally sensitive areas, and preservation of
approximately 33 percent of the site for permanent open space. As proposed, and with conditions
EXHIBIT L
PACE~~F ~
01-1O2793.(10-5U I DocID1O<JO(
Stair Report to the Hearing Examiner
l',ci"n;"my Plat o[Devonshire
XI
as recommended by City staff, the preliminary plat application complies with all provisions of the
chapter.
5,
It is consistent with the development standards listed in Sections 20- 151 through 157, and 20-158
through 187.
Staff Comment: Development of this site is required to comply with the provisions ofFWCC
Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and
all other applicable local and state development codes and regulations. As proposed, and as
recommended by City staff, the preliminary plat application complies with all applicable statutes,
codes, and regulations,
FINDINGS OF FACf AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that:
The proposed action is to subdivide a vacant 9.84-acre parcel into 29 single-family lots, in a
cluster lot configuration. All adjacent land uses are single-family residential. There are wetlands in
several locations on the subject property.
2
The preliminary plat application is subject to the 2000 FWCP, and the codes and regulations in
effect at the time the application was deemed complete, which was August 13,2001,
3.
The subject property is designated Single Family High Density in the 2000 FWCP.
4.
An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this
proposed action on May 8, 2002, No appeals of the SEPA decision were submitted to the City.
5,
Zoning for the site is RS-9.6, (minimum lot size 9,600 square feet). Properties on all sides of the
subject property are also zoned RS 9,6, The proposed residential subdivision and density is
consistent with applicable zoning and subdivision regulations applicable to a lot cluster pial.
6
Pursuant to FWCC Section 20-154, the lot size in a cluster subdivision may be reduced up to Y, the
minimum lot size of the underlying zoning designation, but in no case smaller than 5,000 square
feel. Therefore, the minimum lot size allowed on the project is 5,000 square feel. All proposed lots
exceed the minimum size required and the average proposed lot size is 6,127 square feel.
7.
Pursuant to FWCC Section 20-153, on this 9.84-acre parcel, the maximum number of lots allowed
is 29. The maximum number of lots allowed is caleulated by subtracting 15 percent of the gross
land area for open space and subtracting 20 percent for streets, and dividing the remaining area by
the underlying zoning lot size, The 29 proposed lots comply with applicable density requirements.
8.
As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence Building setback lines (BSBL) arc identified on tÈ;xHfslTt map, 1"-
PAGE~OF ;)1
Page 12
OI-JO2193,OO-SU I n« ID 2000.1
Stall'Rcport 10 the Hcaring haminer
Preliminary Plat of Devonshire
9.
The eluster plat regulations are intended to promote open space and protect natural features. The
proposed plat results in preservation of approximately 33 percent of the site (3.36 acres) in open
space with approximately 1.94 acres of usable open space.
10, In accordance with FWCC Section 20-I54(e), a cluster subdivision must provide all required open
space (15 percent) on site.
Total usable minimum open space required for this plat is 42,866 square feet. To comply with the
open space requirements, the applicant proposes to provide 84,506 (1.94 acres) of on-site usable
open space, contained within Tract A. Tract A is a 146,518 square foot parcel (3.3 acres) that also
contains two regulated wetlands and two urtregulated wetlands. Access to the usable portion of
Tract A is centrally located within Devonshire and accessible from a public street. The usable
portion of Tract A is contiguous and provides for active recreation opportunities. The usable
portion of tract A has an average slope of less than one percent. The applicant has proposed to
develop a portion of Tract A with an irrigated open lawn play area and a children's tot lot. Due to
the proximity of the proposed usable open space at a curve in the roadway, street signage should be
implemented regarding the park area,
Tract A will be delineated as a separate tract, and owned and maintained by the subdivision
property owners. A note shall be included on the fmal plat that the open space tract shall not be
developed with any buildings, and may not be used for financial gain.
11
The subject property is heavily wooded with primarily sccond growth forest. A significant trce
retention plan was submitted with the application, The significant trce worksheet estimates that
approximately 167 significant trees exist on the 9.84-acre site, based on two representative one-
acre samples, Although the significant trees are not evenly distributed throughout the site,
approximately 46 percent of the significant trces on the properly are proposed for removal during
plat infrastructure construction and grading of several lots, Retention of approximately 54 percent
of the on-site significant trees complies with applicable City standards. Trees that may be left on
individual lots following the plat infrastructure construction may be, and likely will be, removed
during individual home construction. However, any significant trees removed during individual
home construction will be subject to the preservation and replacement standards of the FWCc.
12.
The elearing and grading limits proposed on plan sheet 4 of 6 (Exhibit I) will result in elearing and
grading a significant amount of the developed portion of the site. In conjunction with construction
of the plat infrastructure, elearing 12 future individual lots is also proposed to accommodate future
lot drainage, overcome minor grade changes on site, and minimize off-site truck traffic. The
developer has proposed to clear and grade lots 1,7 - 16, and 24 in conjunction with the
construction of the plat streets and utilities,
13. Prior to issuance of construction permits, the applicant will be required to submit a final landscape
plan addressing open space landscaping in Tract A, storm drainage tract screening and
landscaping, street trces, and tree preservation plan,
14.
Implementing the eluster plat provisions results in a large contiguous open space area on site.
Approximately 3.36 acres of on site open space in one contiguous area will be created by the plat.
The on-site open space area links to an existing private open aRiMrdjacent s[:erwood
PAGE
StaíTReport to the Hearing Examiner
Preliminary Plat of Devonshire
It.¡ OF d,~
01-102793-00,SU I DocID¡OOO,
plat, which also connects to the City of Federal Way SW 363'd public park. Existing vegetation
will be preserved on approximately three acres of the 3.36-acre open space area. Although further
development of the active recreation area in Tract A may occur in the future by the developer or
homeowners association, approximately 12,500 square feet of the active open space is currently
proposed for development and vegetation removal. SEP A condition number three requires any
future development of Tract A to be designed and constructed to protect and enhance wildlife
habitat to the maximum extent feasible.
15.
Several wetlands exist on the subject property. A wetland assessment and delineation by Chad
Annour (revised February 25, 2002) revealed several wetlands on and adjacent to the site. No
temporary or permanent intrusions into the three regulated wetlands or wetland buffers are
proposed. As proposed, all regulated on-site wetlands and on-site buffers will be preserved and not
disturbed. Four small wetlands, each less than 2,500 square feet, are located on the property, These
wetlands arc exempt from regulation under FWCC Section 22-1357, Wetlands DO and EE arc
proposed to be filled in conjunction with development of the plat. The other two remaining
unregulated wetlands (BB and CC) are located within the usable open space area and may
potentially be displaced in the future. The City's wetland consultant, Adolfson Associates Inc.
(AAl), has reviewed the Terra Associates report and generally concurred with the wetland
delineations and findings in a September 24, 200 I, written review,
Condition number two of the SErA decision rcquires thc developer to provide fencing and signing
the pcrimeter of on site wetlands AA and FF, in order to minimize potcntial intcntional or
inadvcrtent wetland buffer intrusions by human activity,
16. The applicant provided a Revised Wildlife Evaluation by Chad Armour, LLC (revised Octobcr 9,
200 I). In addition, Mr. Armour provided the City additional information in an April 4, 2002, Ictter
to thc City.
The proposed development, when completed, will displace approximately six acres of habitat for
small mammals, rodents, reptilcs, birds, and insects, Some of these animals will be eliminated or
displaced by the proposal. In addition, the introduction of human activities, ineluding domcstic
animals, to the site may threaten the viability of any remaining habitat. Habitat for the pileated
woodpecker, elassified as sensitive species by the WDFW, will be impacted. However,
approximatcly threc acres of open space will rcmain unchanged and continuc to providc habitat. In
order to mitigate for potential loss of wildlife habitat, a condition of the SErA determination
requires the creation of three snags for use by pileated woodpeckers.
17.
Development of the site will create additional runoff from ncw impcrvious surfaces such as strects,
driveways, and rooftops. Storm drainagc facilitics are being designed in accordancc with thc 1998
KCSWDM and the City's amendments to the manual. The applicant's preliminary storm drainage
TIR (addendum) by Barghausen Consulting Enginecrs, Inc., rcvised March 22,2002, was revicwed
and accepted by the City's Public Works Department.
Water quality treatment is required on site, and the applicant has proposcd two different options
for storm water detention,
In conjunction with off-site improvements, the proposed water quality treatme~jtH I B IT [
PJ.'GE~OF 2
S[affReport to the Hearing Examiner
Preliminary Plat of Devonshire
Page 14
01-102793.Q0-SU I Doc ID 10001
implementation of one of the two proposed stormwater detention options in compliance with
KCSWDM as adopted by the City is adequate to serve the proposed development. Final review
and approval of the storm drainage facilities as shown on the engineering plan will occur in
conjunction with full drainage review.
18
A November 2, 2001, Traffic Impact Analysis (TIA) by the Transpo Group was submitted for thc
projcct. Public aceess will be provided by the southward extension of 11th Avenue SW and 12th
Avenue SW, and construction ofSW 360th Street between lOth Avenue SW and 12th Avenue SW,
and by the westerly extension of SW 361" Place. In accordance with the FWCC, all street
improvements must be dedicated as City right-of-way (except the private access tract) and
improved to full street standards.
The applicant and City conducted a Neighborhood Traffic Safety (NTS) meeting with residents
around the area of the proposed plat as requested by City staff. As a result of the public meeting, in
order to minimize potential neighborhood traffic safety issues, prior to final plat approval, the
developer shall install two speed humps (four total) and signage constructed to City standards on
both 11th and 12th Avenues SW, bctween SW 360th Street and SW 356th Street.
The City's Traffic Engineer has reviewed the project and concluded that the proposed strcet layout
of the Devonshire subdivision is consistent with the adopted codes and comprehensive plan in
place at the time of the complete application.
19.
SW 360th Strect is designated as minor collector. All internal streets within the proposed plat of
Dcvonshire are designated as local streets by the FWCP. Half-street improvements to SW 360th
Street frontage are required by the FWCC, and full street improvements within the plat are
required by the FWCc. A 30-foot wide strip of land along the entire western boundary of the plat
is provided for future potential construction of 12th A venue SW, as conceptually depicted in the
2000 FWCP. Construction of 12th Avenue SW, south of 360th is not required. All public right-of-
ways will be dedicated to the City, One private access tract is proposcd and must meet applicablc
City standards. Privatc access will bc owned and maintained by those lot owners receiving access
from each tract.
20
Thc project applicant provided a school access analysis as a part of the TlA. The llontage
improvements on SW 360th Street and internal plat sidewalks, in conjunction with existing walking
area will provide a safe pedestrian route of travel to school children who walk to lllahee Junior
High School. Elementary and senior high school students from the development will receive bus
transportation to and from school.
21. Walcr and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. It is the applicant's responsibility to secure all necessary water
and sewer services from the utility provider.
22, The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning."
23.
The proposed subdivision and all attachments have been reviewed for compliance ~t~ theFWCP;
FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Ch~~~UBIT L
PAGE~OF .21.
Page 15
01-102793-00-SU/IJodD20001
SlalTReport to the Hearing Examiner
l'rchminaty Pial of Devonshire
"Zoning"; and all other applicable codes and regulations. As proposed, and recommended by staff,
the preliminary plat is consistent with the FWCP and all applicable codes and regulations.
24. Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded, per City code requirements.
XII RECOMMENDATION
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the preliminary plat subject
to the following conditions:
Final plat approval shall require full compliance with drainage provisions set forth in the FWCc.
Compliance may result in reducing the number and/or location of lots as shown on the preliminary
approved plat. Final storm drainage engineering plans shall comply with the following:
1.
A.
B.
c
Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted
by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans
is required prior to any construction,
On-site stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM as amended by the City of Federal Way.
The storm water runoff control (detention) for Devonshire must meet and implcment one of
the following alternatives:
I)
Analyze the downstream drainage system to the SW 356'" Street regional
stormwater facility to verify adequate capacity; and design and reconstruct any
portions of the conveyance system necessary to accommodate the increase in
runoff. In addition, the applicant will be required to pay a pro-rata share for off-
site detention capacity to be determined by the City. The final plat shall not be
recorded and construction of the offsite drainage conveyance system shall not
begin until the City's proposed SW 356'" Regional stormwater facility is
operational; or
2)
An on-site stormwater infiltration or detention facility shall be designed and
constructed in accordance with Chapter 5 of the 1998 KCSWDM. Adequate
capacity of the downstream conveyance system from Devonshire Plat shall be
verified and improved as necessary. Additional excavation of the closed
depression on City-owned property will be required to compensate for the
increased runoff volume from Devonshire, with accompanying calculations
required.
Final review of the stonnwater quality and detention will occur in conjunction with the full
drainage review.
EXHIBãT
PAGE----1l0F
C.
~I
Page 16
01 ,IO2793-O0-SU I ¡>o< II) 2000<
Slall Report to 1he Hcaring Examiner
I'lclilllillmy Pial of Devonshire
2.
3,
4,
5.
The applicant shall be required to construct all storm drainage improvements necessary to mitigate
all identified conveyance problems, whether existing or resulting from the plat's development, as
identified during engineering plan review, as required by the Public Works Director. Engineering
approval shall not be granted if it is determined that proposed mitigation is not adequate to address
the impacts of the project.
The final plat drawing shall establish Tract A in an open spaee traet to be owned in common and
maintained by property owners of the proposed subdivision. The final plat note shall include
provisions, prohibiting removal or disturbance of vegetation and landscaping within the regulated
wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing
plantings and as approved by the City. Additional vegetation may be located in the open space
tract to meet the MONS eondition as approved by the City. A note shall be included on the [mal
plat map that the open space tracts shall not be developed with any buildings, and may not be used
for financial gain.
Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landseape
architect, shall be submitted to the City for approval, and shall include the following clements:
A
Open space landscaping in Tract A;
B.
Street trees in right-of-way landscape planter strips;
c.
Tree preservation plan; and
0,
Visual screening of the storm drainage Tract C from adjacent right-of-way with landscaping
and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be sereened
by vegetation,
The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as
amended by the City of Federal Way for this project, including the following requirements:
A.
SW 360" Street shall be improved along the frontage of the project as a Minor Collector,
half-street improvement. Improvements will include dedication of 30 feet of new right-of-way
to combine with the existing 30 feet of right-of-way for a total of 60 feet. SW 360" Street
shall be improved with a minimum of 20 feet of pavement, vertical curb and gutter, four-foot
planter strip, street trees, streetlights, and six-foot wide sidewalk (curb, planter and sidewalk
only on south side.
B.
Internal plat streets shall be improved as local streets, which include 52-foot wide right-of-
way and 28-foot pavement width, Vertical curb and gutter, four-foot planter strips, and five-
foot wide sidewalks shall be provided on both sides of the street. Streetlights and street trees
shall also be provided,
c.
Tracts B shall be improved to the private access tract standard and shall be limited to serving
a maximum of four lots. The lots that abut these tracts for aeeess shall have undivided
ownership of the tract and be responsible for its maintenance. The maintenance agreement for
the private access tracts shall be included on the plat and the language approved by the City.
EXHIBIT
L
Page 17
01-102793-O0-SlJ /DocID20004
StaO'Report to the !learing Examiner
l'rcl""inaTY Plat of Devonshire
Improvements shall include a 38-foot tract width and 24-foot pavement width with vertical
curb, gutter, and five-foot wide sidewalks on both sides of the street. Tract length shall be
limited to a maximum of 150 feet from face of curb to end of the tract.
0,
Streets shall have a minimum pavement section of three inches Class B asphalt over seven
inches of crushed surfacing on all internal streets and three inches Class B asphalt over eight
inches of crushed surfacing on SW 360th Street to support the traffic loads,
6.
Clearing for the construction of the plat improvements (roads, pond and utilities and 12 lots) shall
be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm
Drainage, and Utility Plan, Sheet 4 of 6, that was prepared by the applicant for the preliminary plat
process. The clearing limits referenced above are the approximate clearing limits necessary for
road, utility, pond, and necessary lot grading, and may be modified with the approval of the
Community Development and Public Works Departments during final engineering plan review as
required to reflect changes in road and utility designs, if any.
7.
As required by the Public Works Director, prior to final plat approval, the applicant shall install
two speed humps (four total humps) and signage constructed to City standards on 11th Avenue SW
and 12th Avenue SW between SW 360th Street and SW 356th Street.
8.
As required by the City, in order to mitigate potential safety impacts, due to the proximity of the
proposed usable open space area (Tract A) near a curve in the roadway, street signage should be
implemented regarding notification of the park area. A plan for street signagc shall be approved by
the City, and signage implemented prior to final plat approval.
XIII LIST OF EXHIBITS
1.
Preliminary Plat of Devonshire revised 12/07/01, Significant Tree Retention Plan 4/11/01,
Preliminary Road Grading and Utility Plan revised 12/7/01, Preliminary Road and Utility Profiles
and Sections revised 12/7/01, Preliminary Water Quality Pond revised 12/7/01, Preliminary Street
Tree Plan 7/6/01, Preliminary Pond Landscape Plan revised 12/6/01, Prototype Site Plan and
House Elevations, revised 3/4/02, all by Barghausen Consulting Engineers
2
Master Land Use Application
Petition on notice of application and eight comment letters
City response letter to public comments, September 18, 200 I
SEPA MONS for Devonshire
SEP A Checklist for Devonshire
Final Staff Evaluation for SEP A Checklist, Devonshire
Armour Wetland Assessment and Delineation, February 25, 2002
AAI Wetland and Wildlife Assessment Review, September 24, 200 I
Armour revised Wildlife habitat Evaluation, October 9, 2001
Armour Wildlife Habitat Letter, April 4, 2002
Letter from Thomas Barghausen, December 10,2001
Tramc Impact Analysis by The Transpo Group, November 2,2001
Lclter from Geri Walker, Federal Way Public Schools, March 14,2001
EXHïBrr c
PAGE-LLOF J l
,
4.
5.
6.
7.
8.
9,
10,
11.
12
13
14.
Page 18
01-1O2793'()O-SU/DocID2ooo,
Starr Report to the I learing Examiner
I'rc!"ntllary Pial of Devonshire
15,
16.
17.
18,
19.
Memo trom Geri Walker, Federal Way Public Schools, March 5, 2002
Lakehaven Utility District Letter of Sewer Availability, May 23, 2001
Lakehaven Utility District Letter of Water Availability, May 23, 2001
Preliminary Storm Drainage Technical Information Report for Devonshire, revised February 21, 2002
Preliminary Stonn Drainage Technical Infonnation Report addendum for Devonshire, revised
March 22, 2002
Note: Copies of exhibits are not attached to all copies of this report, All exhibits have been
provided to the Hearing Examiner.
TRANSMITTED TO THE P ARTŒS LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent S G. Wayne Potter, Barghausen Consulting Engineers
EXHIBIT L
PAGE~OF :J \
Page 19
01-IO2793-D0-SU 1""'10200<14
Staff Report to the Hearing Examiner
P,eliminary Plat of Devonshire
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF DEVONSHIRE,
FEDERAL WAY FILE NO. 01-102793-00 SU.
WHEREAS, the owners Mr. John Leonard and Mr. and Mrs. Harold Strand, applied to the City of
Federal Way for preliminary plat approval to subdivide certain real property known as Devonshire and
consisting of9.84 acres into twenty-nine (29) single family residential lots located south ofSW 360th Street
between 10th Avenue SW and 12th Avenue SW; and
WHEREAS, on May 8, 2002, an Environmental Mitigated Detennination of Non significance (MONS)
was issued by the Director of Federal Way's Department of Community Development Services pursuant to
the State Environmental Policy Act (SEPA), RCW 43.2IC; and
WHEREAS, no comments or appeals on the MONS were submitted to the Department of Community
Development Services; and
WHEREAS, the Federal Way Land Use Hearing Examiner on September 10,2002, held a public
hearing concerning the Devonshire preliminary plat; and
WHEREAS, following the conclusion of said hearing, on October 16,2002, the Federal Way Land Use
Hearing Examiner issued a written Corrected Report and Recommendation containing findings and
conclusions. and recommending approval of the preliminary plat of Devonshire subject to conditions set
forth therein; and
WHEREAS, the Federal Way Land Use Hearing Examiner on October 21,2002, issued a revision to
condition number six of the October 16,2002, Corrected Report and Recommendation; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127
of the Federal Way City Code to approve, deny, or modifY a preliminary plat and/or its conditions; and
RES#~,PAGE I
EXHIBIT 0
PAGE-LOF Y
File #0I,lO2793-00-SU / Doc ID 20774
WHEREAS, on November 4, 2002, the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation on the Devonshire preliminary plat,
pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes,
and voted to forward a recommendation for approval of the proposed Devonshire preliminary plat to the full
City Council, with no changes to the Hearing Examiner recommendation; and
WHEREAS, on November **, 2002, the City Council considered the record and the Hearing Examiner
recommendation on the Devonshire preliminary plat, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1.
The findings offact and conclusions of the Land Use Hearing Examiner's October 16,2002,
Corrected Report and Recommendation, and October 21, 2002, revision attached hereto as Exhibits A and B
and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way
City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be
treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
RES#_, PAGE 2
EXHIBIT ~1-102793'OO'SU/DoC1D20774
PAGE~OF if
required by City code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for students who walk to and from school.
3.
The public use and interest will be served by the preliminary plat approval granted herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the preliminary plat of Devonshire, Federal Way File No. 01-102793-00 SU, is hereby
approved, subject to conditions as contained in the October 16,2002, Corrected Report and Recommendation
of the Federal Way Land Use Hearing Examiner and October21, 2002, Hearing Examiner revision (Exhibits
A and B).
Section 3. Conditions of Approval Integral. The conditions of approval ofthe preliminary plat are all
integral to each other with respect to the City Council finding that the public use and interest will be served
by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject
matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval
granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of
Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and
conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate
provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter
58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City
Council for further action.
Section 4. Severability. Ifany section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
RE5#------,PAGE3
EXHIBIT 0
PAGE~OF Lf
File #01-102793,00-50 I Doc ID 20774
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
THIS-
DAY OF
,2002.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
AlTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED As To FORM:
CITY AlTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No.
RES#_,PAGE4
EXHIBIT D
PAGE-iLOF 4
File #01-1O2793-00,SU I Doc lD 20774
MEETING DATE:
November 19, 2002
ITEM# J ((I ,)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Resolution adopting the Permit Process Improvement Work Plan
CATEGORY:
BUDGET IMPACT:
~ CONSENT
~ RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Resolution and Permit Process Budget Presentation
SUMMARYIBACKGROUND: See attached summary of budget presentation
CITY COUNCIL COMMITTEE RECOMMENDATION: Presented to full Council at Budget Workshop
PROPOSED MOTION: "I move approval ofa Resolution adopting the Permit Process Imrovement Work Plan"
CITY MANAGER APPROVAL:
....?\frl\---------'
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDillEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances onty)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
Permit Process Budget Presentation
Background
At its annual retreat in January of this year, City Council established three priorities for
2002. One of the priorities directed staff to conduct a review of the City's development
pennit process. The goal was to solicit input from stakeholders in order to improve the
pennit review process and the community's perception ofthe City's level of service.
One part of the community involvement was a survey sent to applicants of pennits
submitted over the past two years, (approx. 3,600) which resulted in 388 responses. The
majority of applicants responded positively to the questions asked in the survey, but the
purpose of the review was to focus on the negative perception and how that could be
improved. The results ofthe survey are included in this packet as Appendix A.
A Stakeholders group was invited to provide input about their experiences in the pennit
process. (Appendix B) They had an opportunity, as a group, to review the results of the
survey and make recommendations for changes. The group met from April through
October of this year, with final recommendations included in this report.
Process
The Stakeholders met to review the results of the survey and to discuss their experience
with the pennit process. Although the results of the survey and the comments of the
Stakeholders showed that the pennit process was "not broken," five areas were identified
where developers were sometimes ftustrated and needed improvement. Those five areas
are listed below:
1. Predictability and Consistency
2. Service Culture and Resources
3. Process and Timeframes
4. Codes and Requirements
5. Coordination and Communication
These five areas provided the focus for research into comparisons and best practices of
other cities by Shockey/Brent, consultants. Stakeholders provided a list of questions they
wanted to ask other cities. The research for the consultant report was conducted in the
following manner:
. Review of the development community surveys
. Interviews with in-house pennitting staff
. Review ofthe current pennitting fonns, web site, and codes
. Interviews with members of the Stakeholder Group
. Research of Auburn, Bellevue, Kent, Renton, Seattle, Tacoma, Tukwila,
and King County
. Review of pennit application fees
The consultant report provided more that thirty recommended improvements. Staff made
some additional suggestions and drafted an implementation plan. The plan consists of
five initiatives and target dates for completion of all the recommended improvements.
Implementation
After review of the draft implementation plan in September, the Stakeholders wanted
assurance that all of the recommendations would be implemented in a timely basis. They
requested a "Milestone" schedule showing approximate dates when each initiative would
be completed, with implementation of all recommendations by the end of 2003.
Following is a summary of the attached Implementation Plan:
Initiative 1. Thirteen process changes are proposed in the preparation and attendance of
pre-application meetings, fonnat of response letters resulting ITom these meetings,
application completeness review, "expedited review," official publications, pennit
issuance, and review of codes related to clearing, grading and SEP A.
Budget Impact - minimal direct costs
Initiative II. Eight service level improvements are proposed by hiring one traffic
engineer and one building plan reviewer to reduce the number of projects each employee
currently carries. This would provide more opportunity to set target dates, assign teams
to complex or high profile projects, provide earlier notification of issues and approvals,
and create fonnal channels of communication to ensure consistency.
Budget Impact - $155,000 est. annually
$ 30,000 est. one time for furniture, equipment, and space
Initiative III. Four issue resolution items are addressed by designating the Community
Development Deputy Director and Deputy Director for Public Works as key decision
makers to administer the "no surprises" policy, make early detennination of standards
and requirements if warranted, and solve problems as they arise.
Budget Impact - minimal direct cost
Initiative Iv. Nine communication improvements would be addressed by hiring an intern
to complete such things as updating the website, creating an e-mail address book of those
interested in periodic updates, and detennine printed materials needed at the counter
Budget Impact - $15,000 est. for ongoing part time intern, plus $15,000 est. in
one-time set up costs and addition of halftime intern for first year.
Initiative V. Six recommendations focus on improving staff training in areas such as
customer service, codes, standards, and technology.
Budget Impact - $4,000 est.
Recommendation
At the last meeting held on October 15, 2002, the Stakeholders made a recommendation
to City Council to move forward with all of the items listed in the Implementation Plan.
They also recommended funding the costs of improving the pennit process by an increase
in development fees equal to the amount needed to recover full costs of the
improvements. The full cost recovery considered by the Stakeholders Group for the
pennit process improvements would be approximately 15% increase in fees.
RESOLUTION NO.
DRAFT
( I/(z/ð 2--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING THE PERMIT
PROCESS IMPLEMENTATION PLAN.
WHEREAS, The City Council of the City of Federal Way identified major work
program areas at it's January 2002 retreat, including planning and financing of future capital
investments and improvements to the development permit review process; and
WHEREAS, The City Council ofthe City of Federal Way adopted Resolution No. 02-
358 on February 5, 2002 directing the City Manager to develop a detailed permit process review
work program and timeline to include identification of immediate improvements, survey of past
development permit customers, involvement of various stakeholders, research to identifY best
practices, and final recommendations to City Council within six (6) months; and
WHEREAS, The City Council of the City of Federal Way adopted the Capital
Facilities Work Plan, the City Facilities Work Plan, and the Development Pennit Review Work Plan
on February 5, 2002; and
WHEREAS, a survey was sent to applicants of permits submitted over the past two
years, which resulted in 388 responses; and
WHEREAS, a stakeholders group was invited to share their experiences in the permit
process and to make recommendations to the City Council; and
Res. #_, Page 1
WHEREAS, the stakeholder group completed its review and submitted recommendations to
the City Council as part of the 2003-2004 budget deliberations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section I Adoption of Plan. The Federal Way City Council adopts Implementation
Plan for the Pennit Process Improvement as set forth in Exhibit A.
Section 2. Authorization to Proceed. The City Manager is authorized to proceed with
the initiatives within the plan beginning fourth quarter of2002.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affinned.
Section 6. Effective Date, This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of November, 2002.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
Res. #_, Page 2
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
PATRICIA A. RICHARDSON, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:\RESO\Pennit Review Adopting Implementation
Res. #_, Page 3
Exhibit A
PERMIT PROCESS IMPROVEMENT
Work Plan
Initiative I. Process - Changes are proposed in the pennit process, specifically pre-
application meetings, response letters, official publications and application acceptance.
Initiative II. Service - Hire one traffic engineer and one building plan reviewer to reduce the
number of proj ects each employee currently carries, provide faster turnaround time for pennit
review and better coverage for staff on leave or in meetings.
Initiative III. Issue Resolution - Designate Community Development Deputy Director and
Deputy Director for Public Works as key decision makers for issues requiring resolution.
Initiative IV. Communication - Hire an intern to initiate communication improvements.
Initiative V. Training - Improve staff training in customer service, codes, standards, and
technology.
Fourth Quarter 2002 Action Items
1. Initiative I. Process Change - Staff participants in pre-application meetings must
visit the site prior to the meeting.
2. Initiative I. Process Change - Staff attendance and preparation for pre-application
meetings is mandatory.
3. Initiative I. Process Change - Time lapse for official notifications can be
reduced if official newspaper is a daily paper.
4. Initiative I. Process Change - Review the city's policies and regulations on
clearing and grading. A more flexible approach will assist with development
timing and cost.
5. Initiative I. Process Change - The City holds meetings with outside agencies
involved in pennitting and impacting our stakeholders. Issues raised by the
Stakeholder Group will be presented at those meetings for discussion and future
resolution.
6. Initiative III. Issue Resolution - Deputy Directors will be responsible for
administration of "No Surprises" policy and late changes to requirements based on
pre-application assumptions and health and safety issues.
7. Initiative III. Issue Resolution - Deputy Directors and key staff will attend
weekly Development Review Committee meetings currently scheduled for
Thursday mornings. Key staff will have the responsibility to brief the Deputy
Directors on issues requiring resolution and the Deputies will be responsible for
resolving the issue.
8. Initiative III. Issue Resolution - Deputy Directors will be responsible for
"debriefing meetings"(mortality conferences) on an as needed basis.
9. Initiative III. Issue Resolution - Deputy Directors, in limited cases, where there
is no disagreement on standards may detennine, in the pre-application process, that
a special study might be avoided.
10. Initiative V. Staff Training - Quarterly staff training sessions on a variety of
issues will be provided for all pennit review staff.
First Quarter 2003 Action Items
I. Initiative II. Service Level -Screening and selection of traffic engineer, building
plan reviewer, and intern.
2. Initiative IV. Communication Improvements - Create publicity plan, which
may include press releases, Website announcements, mailings, workshops and
other possible avenues to publicize changes in Federal Way's pennit process as
well as positive results from those changes.
3. Initiative II. Service Level - Supervisors will establish perfonnance goals for
pennit process improvements and customer service,
4. Initiative I. Process Change - Assumptions about the project will be clearly
stated at the beginning of the pre-application meeting and the follow-up letter.
5. Initiative I. Process Change - Letters resulting from pre-application meetings
should highlight major site specific findings such as: (not everything can be known
about a site, but the applicant should get a clear understanding about what is
known)
. traffic issues
. adjacent road standards
. sidewalk requirements
. known critical area issues
. significant tree issues
. site visit observations
6. Initiative V. Staff Training - Encourage agency networking to stay current on
new efforts to streamline pennit processes.
7. Initiatiye V. Staff Training - Training will be provided on the role of the
inspector.
Second Quarter 2003 Action Items
I. Initiatiye I. Process Change - A comprehensive application checklist will be
created to detennine application completeness.
2. Initiative I. Process Change - The 28 day application completeness review will
be reduced or eliminated by detennining completeness at the counter ôr shortly
after. The City will consider making appointments available on an optional basis.
3. Initiatiye I. Process Change - The application completeness detennination will
be followed by a letter stipulating further technical review.
4. Initiative I. Process Change - Review the city's SEPA regulations to possibly
reduce the linear public comment and appeal process with the city's development
review process. By overlapping some of the public comment period, as much as
two weeks could be eliminated from the process.
5. Initiative II. Service Level - Complex or high profile projects will be assigned a
key contact and review team. Additional staff will ensure that creating teams are
possible.
6. Initiative II. Service Level - Review staff will be responsible for early
notification of issues, approvals, or problems to the developer and the property
owner. Staff will call, e-mail, or FAX issues, decisions, and approvals, then send a
letter.
7. Initiatiye II. Service Level - Counter staff will be responsible for setting target
dates for first review of tenant improvements and single-family residence
applications at submittal. Review staff set target dates and follow-up with the
applicant as additional issues impact timing.
8. Initiative II. Service Leyel - Make every reasonable effort to provide adequate
coverage when staff is on vacation, military leave, jury duty etc.
9. Initiative IV, Communication Improvements - Clean up old infonnation on the
website.
10. Initiative IV. Communication Improvements - Develop survey tool and
procedures to measure change in public perception. Survey will be ongoing to
capture current customer feedback.
11. Initiative V. Staff Training - New employees will be matched with current
knowledgeable employees for a one-year training period.
12. Initiative V. Staff Training - Staff will be briefed on the City Council's vision
for development.
Third Quarter 2003 Action Items
1. Initiative I. Process Change - Coordinate the actual pennit issuance so that the
process runs smoothly. A checklist can be provided to the counter staff and
applicant to ensure a smooth transaction. Detennination that needed bonds are in
place will be a part of this checklist.
2. Initiative I. Process Change - The "expedited review process" will be reviewed
and updated to better infonn the applicant of what is being offered and the city will
improve the internal process so that the applicant sees a unifonn application.
3. Initiative IV. Communication Improvements - Create e-mail address book for
those who wish to be notified of code amendments and administrative
detenninations.
4. Initiative IV. Communication Improvements - Plan annual workshop with
stakeholders.
Fourth Quarter 2003 Action Items
1. Initiative II. Service Leyel - Establish fonnal channel to share interpretations,
research, and conclusions with ail staffrnernbers in a timely manner.
2. Initiative II. Service Level - As interpretations are made, review staff will
detennine if a clarif'ying amendment is needed.
3. Initiative IV. Communication Improvements - Coordinate publication of
Administrative Detenninations and Public Works Modifications for the front
counter and the web site.
4. Initiative IV. Commnnication Improvements - Detennine the various
pamphlets in the pennit center for each type of pennit, develop a list for each, and
display the pamphlets publicly. (space pennitting)
5. Initiative V. Staff Training - One of the quarterly training sessions will provide a
broader view of the development process outside of the City responsibilities.
MEETING DATE:
Ie¡
November./, 2002
ITEM# ~ {tJ
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Property.
Amendment of Section 11-83, Prohibiting Storage of Personal Property on Parks and Open Space
CATEGORY:
~ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMPACT:
X ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expeuditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo from Pat Richardson, City Attorney to the Parks, Recreation, Human Services & Public Safety
Committee regarding the proposed amendment of Section 11-83, Prohibiting Storage of Personal Property on Parks and
Open Space Property.
SUMMARYIBACKGROUND: Some citizens are storing their personal property, such as yard equipment or outdoor
furniture, on parks and/or open space property. City staff has spoken with the citizens and explained that the parks
property is for the enjoyment of all citizens. Such exclusive use interferes with the public use. The proposed amendment
to Section 1]-83 of the Federal Way City Code prohibiting the storage of personal property on parks and/or on open space
property would allow staff to take enforcement action to protect the enjoyment for all if it becomes necessary.
CITY COUNCIL COMMITTEE RECOMMENDATION: At the October 7, 2002, meeting the Parks, Recreation,
Human Services and Public Safety Committee recommended that the proposed amendment to the Federal Way City Code
Section 11.83 be forwarded to the City Council for consideration at the November 5, 2002, City Council meeting.
PROPOSED MOTION: " I move the proposed ordinance to second reading and approval at the next regular meeting on
November 19, 2002"
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDffiEFERRED/NO ACTION
$ MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1sT readiug
Enactment reading
ORDINANCE #
RESOLUTION #
3ð7
11(C/tJk--
REVISED - 05/10/2001
K:lagenditemlperson.prop storage.2002
5.K
CITY OF FEDERAL WAY
CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/
PUBLIC SAFETY COMMITTEE
October 14, 2002 Meeting
Date:
October 7, 2002
From:
Patricia A. Richardson, City Attorney pAf
David H. M~Manager I
Amendment of Section 11-83, Prohibiting Storage of Personal Property on
Parks and Open Space Property
Via:
Subject:
Back!!round:
Staff recently learned that some citizens are storing their personal property, such as yard
equipment or outdoor furniture, on parks and/or open space property. The parks are open for use
by all citizens, and sections of the park cannot be set aside for the exclusive use of certain
individuals. Such exclusive use interferes with the public use.
Staff has spoken with the citizens and explained that the parks property is for the enjoyment of
all citizens. Unfortunately, despite the explanation, some individuals refuse to remove their
personal property. Accordingly, the proposed amendment to Section 11-83 of the Federal Way
City Code prohibiting the storage of personal property on parks and/or on open space property
would allow staff to take enforcement action to protect the enjoyment for all when a citizen
refuses to remove his/her property.
Staff Recommendation: Staff recommends that the Parks RecreationlHuman Services/Public
Safety Council Committee approve the proposed amendment to Section 11-83 of the Federal
Way City Code and forward to full Council for consideration.
Committee Recommendation:
Approve the proposed amendment to Section 11-83 of the Federal Way City Code prohibiting the
storage of personal property on parks and/or open space property, and forward to full Council for
consideration at the November 5, 2002, Council meeting.
=L~~
..mtnitteehair
~L
Committee Member
K,IAGNDITEMIPRHSPSCOMM1TTEEI1O1402 parks store personal property
\i.-I
ORDINANCE NO.
DRAFT
I ðj~ 'T/ð'L
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, PROHIBITING THE
STORAGE OF PERSONAL PROPERTY IN PARKS AND/OR
OPEN SPACE (Amending Ordinance No. 91-82, § 1(21)(A)
WHEREAS, the staff for the City of Federal Way have observed that personal
property is being stored in various City of Federal Way parks and/or open space areas; and
WHEREAS, the use of public property for storage of personal property interferes with
the rights of others to use the areas for which they were intended; and
WHEREAS, the City of Federal Way Council finds that it is in the best interest of the
citizens of Federal Way to prohibit storage of personal property on any and all park property and/or
open space areas; NOW, THEREFORE,
THE CITY COUNCÌL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Section 11-83 of Article ill of Chapter II oftheFederal Way City Code is
amended as follows:
11-83. Refuse and/or Stora2e of Personal PropertY
(a)
It is unlawful to throw any refuse, litter, broken glass, crockery,
nails, shrubbery, trimmings, junk or advertising matter in any park
or to deposit any such material therein, except in designated
receptacles; provided, however, that it is further unlawful to
deposit in such designated litter receptacles or elsewhere within a
ORD#
,PAGE I
park any refuse, litter, or other trash collected at the home,
business, or other dwelling of any person and intentionally
brought to the park solely for the purpose of disposing of such
refuse, litter or trash.
(b)
It is unlawful for anvperson to store personal propertv. including
camp facilities and camp paraphernalia, in anv parks and/or open
space areas.
Section 2. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date ofthis ordinance is hereby ratified and affirmed.
III
III
III
III
III
ORD#
, PAGE 2
Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2002.
day of
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
Fil..ED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCil..:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\parks personal property
Revised 10.4,02
ORD#
,PAGE 3
;1
MEETING DATE: Novemberi', 2002
ITEM#
.:¡L~)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Code Amendments Updating Chapter 6, Criminal Code;
Chapter 9, Licenses and Business Registration; and Chapter 15, Traffic
and Vehicles
CATEGORY:
BUDGET IMPACT:
_CONSENT
..x ORDINANCE
_BUSINESS
_HEARING
FYI
_RESOLUTION
_ST AFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Memo trom Pat Richardson, City Attorney to the Parks, Recreation, Human Services &
Public Safety Committee regarding the proposed amendments to Chapter 6, Criminal Code; Chapter 9, Licenses and
Business Registration; and Chapter 15, Traffic and Vehicles.
SUMMARYIBACKGROUND: The Law Department is requesting adoption of the ordinance to amend the City of
Federal Way Code under Criminal Code Chapter 6, Licenses and Business Registration under Chapter 9, and Traffic and
Vehicles under Chapter 15 to reflect amendments, additions or deletions as exhibited in the State Statutes, the Revised
Washington Code (R.c.W.).
The purpose of this amendment is to update the City's Code because the 2002 Legislature amended the criminal
classifications of several state statutes, i.e. some felonies, have been reduced to misdemeanors, and some misdemeanors,
have been increased to felonies. Additionally, the Legislature created new misdemeanors, i.e. it is misdemeanor to
knowingly leave the care of a child with a registered sex offender.
An additional amendment to the Criminal Code, Chapter 6, which is not new law, authorizes the Municipal Court to order
restitution in DUI convictions to recoup expenses incurred by the City and other public agencies when responding to the
DU!.
The adoption of these amendments are in the best interest of the City of Federal Way, the Public Safety Department,
Law Department, Municipal Court, and the Federal Way Citizens.
CITY COUNCIL COMMITTEE RECOMMENDATION: At the October 7, 2002 meeting the Parks, Recreation,
Human Services and Public Safety Committee recommended that the proposed amendments to the Federal Way City
Code Chapter 6, Criminal Code; Chapter 9, Licenses and Business Registration; and Chapter 15, Traffic and Vehicles
be forwarded to the City Council for consideration at the November 5, 2002 City Council meeting.
CITY MANAGER RECOMMENDATION: Motion to move amendment of ordinance to second reading and
enactment at the next regular meeting. ~
APPROVED FOR INCLUSION IN COUNCIL PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
K:\agenditem\2002-chap 6,9,15 update
COUNCIL BILL #
Ist Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
3ð9
/(/5/ð L
COUNCIL ACTION:
_APPROVED
DENIED
~EF~~CTION
S.L
CITY OF FEDERAL WAY
CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES!
PUBLIC SAFETY COMMITTEE
October 14,2002 Meeting
Date:
October 7, 2002
From:
Patricia A. Richardson, City Attorney f~
David H. ~anager
Code Amendments Updating Chapter 6, Criminal Code; Chapter 9, Licenses
and Business Registration; and Chapter 15, Traffic and Vehicles.
Via:
Subject:
Backl!:round:
The Washington State Legislature modified several state statutes related to criminal activity. Some
crimes, which were classified as felonies, have been reduced to misdemeanors, and others, which
were classified as misdemeanors, have been increased to felonies. Additionally, the Legislature
created some new misdemeanor crimes. The proposed amendments to Chapters 6, 9, and 15 reflect
the recent changes in state law. The modifications are necessary to ensure consistent enforcement of
the laws.
Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public
Safety Council Committee approve the proposed amendments to Chapters 6, 9, and 15 of the Federal
City Code and forward to full Council for consideration.
Committee Recommendation:
Move approval of the amendments to the Federal Way City Code, Chapter 6, Criminal Code;
Chapter 9, Licenses and Business Registration; and Chapter IS, Traffic and Vehicles, and forward to
full Council for consideration at the November 5, 2002 City Council meeting.
APPROVALOF'COMMITTEE REPORT:
z/
Committee Member
K,IAGNDITEMIPRHSPSCOMM1TTEEI101402"iminal code update
L-\
DRAFT
/
((~/2 0/ C 2-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
CRIMINAL CODE, THE LICENSES AND BUSINESS
REGULA nONS CHAPTER, AND THE TRAFFIC AND
VEHICLE CHAPTER OF THE CITY OF FEDERAL WAY
(Amending Ordinance Nos. 90-53,90-62,91-89,91-91,91-94,91-
106,91-110,92-163,94-212,95-243,96-260,99-362, 00-367, 00-
374,01-391,01-401)
WHEREAS, the State Legislature has modified the state law regarding various
crimes, has created new crimes, and modified the classifications between misdemeanors and
felonies; and
WHEREAS, the City Code is now at variance with modified state law in Chapter 6,
Criminal Code; in Chapter 9, Licenses and Business Regulations; and in Chapter 15, Traffic and
Vehicles; and
WHEREAS, the Federal Way City Council finds that it is in the best interest of its
citizens to update the City Criminal Code, the Licenses And Business Regulations Chapter and the
Traffic and Vehicle Chapter of the City Code to be more in accordance with state law to ensure more
consistent and effective enforcement and prosecution of criminal activity within the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Anew section is added to Chapter 6, Article I, of the Federal Way City
Code, to read as follows:
ORD#
,PAGE I
6-9 Restitution authorized as a condition of sentence.
Restitution shall be ordered by the court wheneyer a person is conyicted of a crime which
results in injury to any person or damage to or loss of property. unless extraordinary
circumstances exist that make restitution inappropriate in the court's judgment and the court sets
forth such circumstances in the record. In addition. restitution shall be ordered to pay for an
injury. loss. or damage if the defendant pleads guilty to a lesser offense or fewer offenses and
agrees with the prosecutor's recommendation that the defendant be required to pay restitution to a
victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court
shall identify in the judgment and sentence the victim or victims entitled to restitution and what
amount is due each victim.
When restitution is ordered. the court shall determine the amount of restitution due at the
sentencing hearing or within one hundred eighty days, The court may continue the hearing
beyond the one hundred eighty days for good cause. Restitution ordered by a court pursuant to a
criminal conviction shall be based on easily ascertainable damages for iniury to or loss of
property. actual expenses incUlTed for treatment for injury to persons. and lost wages resulting
from injury, Restitution shall not include reimbursement for damages for mental anguish. pain
and suffering. or other intangible losses. but may include the costs of counseling reasonably
related to the offense. The amount of restitution shall not exceed double the amount of the
offender's gain or the victim's loss from the commission of the crime.
The City or victim may enforce the court-ordered restitution in the same manner as a
judgment in a civil action. This section does not limit civil remedies or defenses available to the
ORD#
,PAGE 2
victim, survivors of the victim. or defendant. Restitution collected through civil enforcement
must be paid through the registrv of the court and must be distributed proportionate Iv according
to each victim's loss when there is more than one victim.
SECTION 2. Chapter 6, Article II, Section 6-36 of the Federal Way City Code is
hereby amended to read as follows:
6-36 Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference and wherever the word "title" or words "this title" are used therein the same shall be
construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington
State Liquor Act:
(I) RCW 66.04.010, Definitions.
(2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card.
(3) RCW 66.20.210, Licensee's immunity to prosecution or suit - Certification card as evidence of
good faith,
(4) RCW 66.20.300. Alcohol servers -- Definitions.
(5) RCW 66.20.310. Alcohol servers -- Permits -- Requirements -- Suspension. revocation --
Violations -- Exemptions.
(4Q) RCW 66.28.090, Licensed premises open to inspection - Failure to allow.
(~1) RCW 66.44.0 I 0, Local officers to enforce law - Authority of board - Liquor enforcement
officers.
ORD#
, PAGE 3
(é~) RCW 66.44.040, Sufficiency of description of offenses in complaints, infonnations, process,
etc.
(12) RCW 66.44.050, Description of offense in words of statutes - Proof required.
(8J..Q) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
Wll) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic content.
(MU) RCW 66.44.080, Service of process on corporation.
(++11) RCW 66.44.090, Acting without license.
(RI4) RCW 66.44.100, Opening or consuming liquor in public place - Penalty.
(gU) RCW 66.44.120, Unlawful use of seal.
(Mill RCW 66.44.130, Sale ofliquor by drink or bottle.
(~11) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal-
Unlawful operation, possession of still or mash.
(Ml[) RCW 66.44.150, Buying liquor illegally.
(pm RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(~;w) RCW 66.44.170, Illegal possession of liquor with intent to sell - Prima facie evidence,
what is.
(+9£1) RCW 66.44.175, Violations oflaw.
(;Wm RCW 66.44.180, Generafpenalties - Jurisdiction for violation.
(Um RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(;;!;!,M) RCW 66.44.210, Obtaining liquor for ineligible person.
(~25) RCW 66.44.240, Drinking in public conveyance - Penalty against carrier - Exception.
ORD#
, PAGE 4
(;!426) RCW 66.44.250, Drinking in public conveyance - Penalty against individual- Restricted
application.
(~27) RCW 66.44.280, Minor applying for permit.
(;!ém RCW 66.44.290, Minor purchasing liquor.
(;¡:;l29) RCW 66.44.291, Penalty .for minor purchasing or attempting to purchase liquor.
(;J.&30) RCW 66.44.300, Treating minor, etc., in public place where liquor sold.
(;Wm RCW 66.44.310, Minor frequenting tavern or cocktail lounge, misrepresentation of age.
(Wm RCW 66.44.320, Sales of liquor to minors a violation.
(M33) RCW 66.44.325, Unlawful transfer to a minor of an identification card.
(~34) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc., identification
card.
(;;;;35) RCW 66.44.340, Employees 18 years and over allowed to sell and carry beer and wine for
Class E and/or Class F employees.
(;;436) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up,
etc., for Class A, C, D and/or H licensed employees.
(~m RCW 66.44.370, Resisting or opposing officers in enforcement oftitIe,
III
III
III
III
III
ORD#
, PAGE 5
SECTION 3. Chapter 6. Article III, Section 6-61 of the Federal Way City Code is
hereby amended to read as follows:
6-61 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(I) RCW 9.02.050, Concealing birth.
(2) RCW 9A.42.010, Definitions.
(3) RCW 9A.42.035. Criminal mistreatment in the third degree.
(4) RCW 9A.42.037. Criminal mistreatment in the fourth degree.
(~2) RCW 9A.42.080, Abandonment of a dependent person in the third degree.
(42) RCW 9A.42.090, Abandonment of a dependent person - Defense.
(7) RCW 9A.42.llO. Leaving a child in the care of a sex offender.
(8) RCW 13.32A.080. Unlawful harboring of a minor -- Penalty -- Defense -- Prosecution of
adult for involving child in commission of offense.
SECTION 4. Chapter 6, Article IV, Section 6-86 of the Federal Way City Code is
hereby amended to read as follows:
6-86 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(I) RCW 69.41.020. Prohibited acts -- Infonnation not privileged communication.
(2) RCW 69.41.030. Sale. delivery. or possession oflegend drug without prescription or order
ORD#
, PAGE 6
prohibited -- Exceptions.
(3) RCW 69.41.070. Penalties.
(4) 69.43.010 Report to state board ofpharmacv -- List of substances -- Modification oflist --
Identification of purchasers -- Report of transactions -- Penalties.
(5) 69.43.020 Receipt of substance from source outside state -- Report -- Penalty.
(6) 69.43.030 Exemptions.
(7) 69.43.035 Suspicious transactions--Report--Penaltv,
(8) 69.43.090 Permit to sell. transfer. furnish. or receive substance -- Exemptions--
Application for permit -- Fee -- Renewal-- Penalty.
(9) 69.43.110 Ephedrine. pseudoephedrine. phenvlpropanolamine--Sales restrictions--Penaltv.
(10) 69.43.120 Ephedrine, pseudoephedrine. phenvlpropanolamine--Possession of more than
fifteen grams--Penaltv--Exceptions.
(l-ll) RCW 69.50.101, Defmitions,
(;;12.) RCW 69.50.204(d)(13), Schedule I - Marijuana,
(Jl1) RCW 69.50.309, Containers.
(4.11) RCW 69.50.401 (e), Prohibited acts: A - Penalties,
(~U) RCW 69.50.412, Prohibited acts: E - Penalties.
(élQ) RCW 69.50.505, Seizure and forfeiture,
(+11) RCW 69.50.506, Burden of proof.
(8m RCW 69.50.509, Search and seizure of controlled substances.
(91Ð RCW 69.50.425, Misdemeanor violations - Minimum imprisonment.
ORD#
, PAGE 7
SECTION 5. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code. to read as follows:
6-163 Fore:erv. nonfelonv.
(a) A person is guilty of Forgery. nonfelonv. if. with intent to injure or defraud:
I I ) He falsely makes. completes. or alters a written instrument or;
(2) He possesses. utters. offers. disposes of. or puts off as true a written instrument that he
knows to be forged.
(3) The total amount ofloss bv the victims of the forgery is less than $600.
Ib) Forgery. nonfelonv. is a grOSS misdemeanor.
Ic) This section is intended to supplement City jurisdiction in cases of Forgery declined bv the
County. If a person is charged with Forgery under state law for a particular incident. they shall
not be charged under this section. If a state agency wishes to charge a Forgery case under state
law the City shall dismiss its case to allow that to happen.
SECTION 6. Chapter 6, Article IX, Section 6-211 of the Federal Way City Code is
hereby amended to read as follows:
6-211 Theft, unauthorized issuance of bank checks and possession of
stolen property.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(I) RCW 9.26A.IIO, Fraud in obtaining telecommunications service -- Penalty.
(+2) RCW 9A.56,OlO, Definitions.
ORD#
, PAGE 8
(;!IJ RCW 9A.56.020, Theft - Definitio.n, defense.
(~) RCW 9A.56.050, Theft in the third degree.
(4~) RCW 9A.56.060(1), (2), (3) and (5), Unlawful issuance o.fchecks o.r drafts.
(~§) RCW 9A.56.140, Po.ssessing sto.len property - Definitio.n, credit cards, presumptio.n.
(61) RCW 9A.56.l70, Po.ssessing sto.len pro.perty in the third degree.
(+JD RCW 9A.54.130, Resto.ratio.n o.f sto.len pro.perty - Duty o.f o.fficers.
(&2)RCW 9A.56.220, Theft o.f cable televisio.n services.
(9lQ) RCW 9A.56.240, Fo.rfeiture and dispo.sal o.f device used to. co.mmit vio.latio.n.
(.will RCW 9A,56.260, Co.nnectio.n o.f channel co.nverter.
(Hll) RCW 9A.56.270, Sho.pping cart theft.
SECTION 7. Chapter 6, Article X, Sectio.n 6-237 o.fthe Federal Way City Co.de is
hereby amended to. read as fo.llo.ws:
6-237 Indecent exposure.
(a) A perso.n is guilty o.f indecent expo.sure ifhe o.r she intentio.nally makes any o.pen and o.bscene
expo.sure o.fhis perso.n o.r her perso.n o.r the perso.n o.f ano.ther kno.wing that such co.nduct is likely to.
cause reaso.nable affio.nt o.r alarm. The act o.fbreastfeeding o.r expressing breast milk is no.t indecent
exPo.sure.
(b) Indecent expo.sure to. a perso.n under the age o.f 14 vears is a gro.SS misdemeano.r.
(c) Indecent expo.sure to. a perso.n aged 14 years o.r o.lder is a misdemeano.r. Indeeent e¡¡¡¡esllfe is a
æisdemeaner ooless SIleR ¡¡ersea e¡¡peses himself er herself te a ¡¡ersea _der the age ef 14 yeߣs ia
.Naieh ease indeeent e¡¡¡¡eS\lfe is a grass æisdemeaner ea the first effcase.
ORD#
, PAGE 9
SECTION 8. Chapter 6, Article XI, Section 6-266 ofthe Federal Way City Code is
hereby amended to read as follows:
6-266 Obstructing public officers.
It is unlawful for any person to make any wilfully willfullv untrue, misleading or exaggerated
statement to, or to wilffilly willfullv hinder, delay or obstruct any public officer in the discharge of
his or her official powers or duties. Obstructing public officers is a grOSS misdemeanor.
SECTION 9. Chapter 6, Article XI, Section 6-268 of the Federal Way City Code is
hereby amended to read as follows:
6-268 Obstructing justice, criminal assistance, introducing
contraband and related offenses.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(I) RCW 9.69.100, Withholding knowledge offelony involving violence - Penalty.
(2) RCW 9A.72.010, Definitions.
(3) RCW 9A.72.040, False swearing.
(4) RCW 9A.72,060, False swearing - Retraction.
(5) RCW 9A.72.070, False swearing - Irregularities no defense.
(6) RCW 9A.72.080, Statement of what one does not known to be true.
(7) RCW 9A.72.I40, Jury tampering.
(8) RCW 9A.72.I50, Tampering with physical evidence.
(9) RCW 9A.76.010, Definitions.
ORD#
, PAGE IO
(10) RCW 9A.76.020, Obstructing a public servant.
(11) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(12) RCW 9A.76.040, Resisting arrest.
(13) RCW 9A.76.050, Rendering criminal assistance - Definition oftenns.
(14) RCW 9A.76.060, Relative defined.
(15) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(16) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(17) RCW 9A.76.100, Compounding.
(18) RCW 9A.76.160, Introducing contraband in the third degree.
(19) RCW 9A. 76.170(1), (2)( d), Bail jumping,
(20) RCW 9A.76.175, Making a false or misleading statement to a public servant.
(21) RCW 9A.84.040, False reporting.
SECTION 10. Chapter 6, Article XII, Section 6-293 of the Federal Way City Code is
hereby amended to read as follows:
6-293 Privacy, violating right of.
The following state statutes, including all amendments, additions or deletions, are adopted by
reference:
(I) RCW 9.73.010, Divulging telegram.
(2) RCW9.73.020, Opening sealed letter.
(3) RCW 9.73.030, Intercepting, recording or divulging private communication - Consent
required - Exceptions.
ORD#
,PAGE II
(4) RCW 9.73.040. Intercepting private communication -- Court order permitting
interception -- Grounds for issuance -- Duration -- Renewal.
(5) RCW9.73.050. Admissibilitv of intercepted communication in evidence.
(4Q) RCW 9.73.070, Persons and activities excepted.
(~7) RCW 9.73.080, Intercepting, recording, or divulging communication - Penalty.
(éID RCW 9.73.090, Police and fire personnel exempted from RCW 9.73.030 - 9.73.080 -
Standards.
(12) RCW 9.73.095, Intercepting, recording, or divulging inmate conversations - Conditions-
Notice.
(glQ) RCW 9.73.100, Recordings available to defense counsel.
(9ill RCW 9.73.110, intercepting, recording, or disclosing private communications - Not
unlawful for building owner - Conditions.
(12) RCW 9.73.200. intercepting, transmitting. or recording conversations concerning
controlled substances -- Findings.
SECTION II. Chapter 6, Article XIII, Section 6-316 of the Federal Way City Code is
hereby amended to read as follows:
6-316 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(I) RCW 9.91.010, Denial of civil rights - Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
....
ORD#
,PAGE 12
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Metal buyers - Records of purchases - Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(6) RCW 9.03.020, PeI111itting unused equipment to remain on premises.
(7) RCW 9.03,030, Violation ofRCW 9,03.010 or 9,03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 9A.49.030. Unlawful discharge of a laser in the second degree.
(9lQ) RCW 42.20.010, Powers may not be delegated for profit.
(-Will RCW 42.20.030, Intrusion into and refusal to surrender public office.
(l-l-ll) RCW 42.20.050, Public officer making false certificate.
(RU) RCW 42.20.060, Falsely auditing and paying claims.
(Hli) RCW 42.20.080, Other violations by officers.
(l4li) RCW 42.20.100, Failure of duty by public officer is misdemeanor.
(15) R-CW 46.61.685, Leaviag ehildFea liHatteaded ia s!andiag '¡ehiele ',viti! ffiotor rur.niag
Penalty-.
SECTION 12. Chapter 6, Article XIII, Section 6-318 of the Federal Way City Code is
hereby amended to read as follows:
6-318 Injury to animals.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(I) RCW 9.08.020, Diseased animals.
ORD#
, PAGE 13
(2) RCW 9.08.030. False certificate of registration of animals - False representation as to breed.
(3) RCW 9.08.065. Definitions.
(4) RCW 9.08.070~, Pet animals - Taking, concealing, injuring, killing, etc. - Penalty.
(5) RCWI6.52.207. Animal crueltv in the second degree.
SECTION 13. Chapter 6, Article XIII, Section 6-321 of the Federal Way City Code is
hereby amended to read as follows:
6-321 Juries, crimes relating to,
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(I) RCW 2.36.165. Leave of absence ITom employment to be provided -- Denial of
promotional opportunities prohibited -- Penaltv -- Civil action.
(2) RCW 2.36.170. Failure of juror to appear -- Penaltv.
(+1) RCW 9.51.010, Misconduct of officer drawing jury.
(~) RCW 9.51.020, Soliciting jury duty.
(;;~ RCW 9.51.030, Misconduct of officer in charge of jury.
III
III
III
III
ORD#
,PAGE 14
SECTION 14. A new section is added to Chapter 6, Article XIII, of the Federal Way
City Code, to read as follows:
6-324 Practice of Law
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 2.48.180, Definitions -- Unlawful practice a crime -- Cause for discipline --
Unprofessional conduct -- Defense -- Injunction -- Remedies -- Costs -- Attorneys' fees -- Time
limit for action.
SECTION 15. Chapter 9, Article VII, Section 9-388 of the Federal Way City Code is
hereby amended to read as follows:
9-388 Penalty for violation.
(a) Any person and the officers, directors, managing agents, or partners of any corporation, finn,
partnership or other organization or business violating or failing to comply with any of the provisions
of this article shall be guilty of a gross misdemeanor.
(b) In addition to the ill!Y penalties provided in this section, any condition caused or pennitted
to exist in violation of any of the provisions of this article is a public nuisance and all remedies
given by law for the prevention and abatement of nuisances shall apply thereto. Further, each day
that such condition or violation continues shall be regarded as a new and separate offense and
shall be punished accordingly.
III
III
ORD#
, PAGE 15
SECTION 16. A new section is added to Chapter IS, Article I, of the Federal Way
City Code to read as follows:
15-13 Statutes adopted.
The following state statutes. including all future amendments. additions or deletions. are
adopted bv reference
(1) RCW 46.61.685. Leaving children unattended in standing vehicle with motor running -
Penaltv.
(2) RCW 46.61.740. Theft of motor vehicle fuel.
SECTION 17. A new section is added to Chapter IS, Article II, of the Federal Way
City Code to read as follows;
15-61 Statutes adopted.
The following state statutes. including all future amendments. additions or deletions, are
adopted bv reference:
(I) RCW 38.52.0 I O. Definitions.
(2) RCW 38.52.430. Emergencv response caused bv person's intoxication -- Recovery of costs
from convicted Person.
SECTION 18. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity of the application thereof to any person or circumstance, shall not
affect the validity of the remainder of the ordinance, or the validity of its application to other persons
or circumstances.
ORD#
, PAGE 16
SECTION 19. Ratification. Any and all acts consistent with the authority and prior
to the effective date of this ordinance are hereby ratified and affirmed.
SECTION 20. Effective Date. This ordinance shall take effect and be in force five
days from its passage, approval and publication, as provided by law.
2002.
PASSED by the City Council ofthe City of Federal Way this - day of
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\2002 Criminal Code update
ORD#
, PAGE 17
MEETING DATE:
I~
November f. 2002
ITEM# ~f\
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2003 Property Tax Rate
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
X ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: 2003 Property Tax Levy Ordinance.
SUMMARYIBACKGROUND: The City Council must establish the property tax levy for the year 2003. The Council
has had public hearings on October I" and November 5th inviting citizen comment on the City's budget and the proposed
property tax levy. This property tax levy is based on the I % increase plus an additional amount for new construction and
annexations.
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on
November 19,2002."
CITY MANAGER APPROVAL:
'\PM
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 JABLED/DEFERRED/NO ACTION
~ MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~ C:;ö J.
REVISED - 05/10/2001
K:\AG N DITE M\2003Property T axRate
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY
TAX AMOUNT FOR THE YEAR 2003.
WHEREAS the City Council of the City of Federal Way has met and reviewed its
budget for the 2003/2004 biennium; and
WHEREAS the City Council, in the course of considering the biennium budget has
reviewed sources of revenue and examined all anticipated expenses and other city obligations for the
city during the year 2003; and
NOW, THEREFORE, BE IT ORDAINED, by the City Council ofthe City of Federal
Way that the increase for the regular levy for the calendar year 2003 shall be 1% plus the increase in
assessed value resulting from annexation and/or new construction at approximately I % for a total of
2%.
Section I. Levv. There shall be and there is hereby levied against the property in the
City of Federal Way, Washington, a municipal tax for the year 2003 for the purposes of paying the
general expenses of municipal government in the amount of Seven Million Nine Hundred Fifty
Thousand Dollars ($7,950,000.00).
Section 2. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
ORD #
, PAGE 1
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2002.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN,CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K,IORDINITAXLEVY2003
ORD #
, PAGE 2
MEETING DATE:
/1
November/, 2002
ITE~~'~~?
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Amending Utility Tax Rate Adjustment
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 RESOLUTION
D CITY COUNCIL BUSINESS
X ORDINANCE
0 PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Ordinance to amend the Utility Tax Rate
SUMMARYIBACKGROUND: The community survey supports the maintenance and investment in capital
improvements identified on the six-year Capital Improvement Plan. To accomplish that goal we will need to continue the
existing utility taxes.
A community/senior center is a top priority project supported by the citizens of Federal Way. Additionally, the citizens
desire the City to provide access to a swimming pool, either the Kenneth C. Jones pool and a new structure. In order to
provide for the community/senior center and swimming pool a I % increase in the utility tax will be needed.
CITY COUNCIL COMMITTEE RECOMMENDATION:
PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on
November 19, 2002."
CITY MANAGER APPROVAL:
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
0 JABLEDIDEFERREDINO ACTION
~ MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
3/ð
If (qð?.--
REVISED - 05/10/2001
K:\AGNDITEMIUtilityOrd2002
ORDINANCE NO.-
DRAFT
( cJ/3¿f jð ¿...
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, EXTENDING AND
INCREASING THE UTILITY TAX RATE TO 6% FROM 5% FOR
A COMMUNITY/SENIOR CENTER AND SWIMMING POOL AS
IDENTIFIED BY COUNCIL. (Amends Ordinance No. 95-257, 96-
262, and 96-276.)
WHEREAS, the City has made over $100 million dollars in capital investments in
the community in the past 10 years, and the current six-year Capital Intennent Plan (Plan)
identified over $177 million in potential investment in transportation, parks, municipal and
community facilities, and in surface water management facilities; and
WHEREAS, the City Council has identified $135 million of the current Plan as
top priority projects which could partially be funded with grants, contributions, and other funding
sources but will require $29 million matching fund trom the City; and
WHEREAS, at the November 7, 1995 election, the voters of the City of Federal
Way (the "City") authorized the City to levy a 1.37% utility tax upon the privilege of conducting
an electrical energy, natural gas, stonn drainage, garbage, cable television, cellular and other
telephone and wireless communication services business for the purpose of financing various
traffic and street improvements and associated maintenance thereof; and
WHEREAS, on December 3, 1996 the Federal Way City Council passed
Ordinance No. 95-276 increasing the utility tax to 5% tax for the purpose of providing
intrastructure improvements, development of Celebration Park, construction of Knutsen Family
Theater, fund the Public Safety building, and provide ongoing maintenance funding for said
facilities as well as dedicating funds for the street overlay program; and
ORD#
,PAGE I
WHEREAS, the City conducted a Community Investment Survey in 2002. The
responses suggested significant support in the City to continue or increase the level of
community investments; and
WHEREAS the City deems it is necessary to continue the existing utility tax to
continue the level of past investments and to provide the required City matching fund for the 6-
year Capital Investment Plan; and
WHEREAS, the demographics in Federal Way has shown significant growing in
senior population over the past 10 years since the city's incorporation and provision of the
Klahanee Community and Senior Center; and
WHEREAS, the city has increasing needs in both passive and active activity space
for community gatherings, events, programs that are not fulfilled by the existing facilities and a
Community/Senior Center is the most supported community Facility in the Community
Investment Survey; and
WHEREAS, King County is proposing to close pools and parks facilities located
in incorporated areas, including the Kenneth C. Jones Pool (Pool) in Federal Way, if cities would
not assume the financial responsibility in operating them by January 2003; and
WHEREAS the Pool is over 30 years old and has limited functionality and would
require significant capital and operating commitment from the City; and
WHEREAS, the Pool is located on School District property and the City may not
realize any equity in such investment is needed at the Pool; and
WHEREAS, the 2002 Community Investment Survey responses indicated strong
support in the City's continued operation of the Pool with additional tax assessments; and
ORD#
, PAGE 2
WHEREAS, considering the community support of a Community/Senior Center and the
status of the Pool; the City has determined that the best long-term investment would be a
combined facility that can meet multiple needs which could be provided by an additional 1%
utility tax;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I.
Utility Tax. Chapter 14, Article Y, Section 14-173 of The Federal
Way City Code is hereby amended to read as follows:
Section 14.173
Occupations subject to tax - Amount.
There are levied upon, and shall be collected ITom everyone, including the city, on
account of certain business activities engaged in or carned on in the city, occupation taxes in the
amounts to be determined by the application of rates given against gross income as follows:
(1)
Upon everyone engaged in and canying on a telegraph business, a tax
equal to ~6.0 percent of the total gross income ITom such business in the city during the period I
for which the tax is due;
(2)
Upon
everyone
engaged
in
or
carrying
on
a
competitive
telecommunication service or network telecommunication service, a tax equal to ~.O percent I
of the total gross income ITom such business in the city during the period for which the tax is
due. In determining gross income ITom such business, including intrastate toll service, the
taxpayer shall include 100 percent of the gross income received ITom such business in the city;
(3)
Upon everyone engaged in or canying on the business of cellular
telephone service, a tax equal to ~6.0 percent of the total gross income ITom such business in
the city during the period for which the tax is due;
ORD#
, PAGE 3
(4)
Upon everyone engaged in or carrying on the business of selling, brokering
or furnishing natural gas for domestic, business or industrial consumption, a tax equal to ~6.0 I
percent of the total gross income ITom such business in the city during the period for which the
tax is due;
(5)
Upon the city in respect to the conduct, maintenance, and operation of its
municipal stonn drainage system as a public utility a tax equal to M+-6.0 percent ~
Janwry-+,-+íJ-9-7, and 5.D percent eff.eeti'.'e January I, 1998, of the total gross income ITom such
business in the city during the period for which the tax is due;
(6)
Upon everyone engaged in or carrying on the business of selling or
furnishing electric energy, a tax equal to ~6.0 percent of the total gross income ITom such I
business in the city during the period for which the tax is due;
(7)
Upon everyone engaged in the business of collecting solid waste, a tax
equal to ~6.0 percent of the total gross income ITom the city during the period for which the I
tax is due, less income derived ITom collection and sales of materials not defined herein as solid
waste; and
(8)
Upon everyone engaged in or carrying on the business of cable
communications, a fee or tax equal to ~.() percent of the total gross income ITom gross I
subscriber revenues in the city during the period for which the fee or tax is due. For purposes of
this chapter, "gross subscriber revenues" means and includes those revenues derived ITom the
supplying of subscription services, that is, installation fees, disconnect and reconnect fees, fees
fot regular cable benefits including the transmission of broadcast signals and access and
origination channels and per-program or per-channel charges; it does not include leased channel
revenue, advertising revenue, or any other income derived from the system. (Ord. No. 95-257, §
ORD#
, PAGE 4
1, 12-19-95; Ord. No, 96-262, § 1,2-20-96; Ord. No. 96-276, § 1, 12-3-96)
Section 2.
Initiative and Referendum.
This Ordinance shall be subject to initiative and referendum powers as set forth in
Chapter 2, Article III of the Federal Way City Code.
Section 3.
Severability,
The provisions of this Ordinance are declared separate and severable, The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or
the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of this Ordinance, or the validity of its application to other persons or
circumstances.
Section 4.
Ratification.
Any act consistent with the authority and prior to the effective date of this
Ordinance is hereby ratified and affinned.
Section 5.
Effective Date.
This Ordinance shall take effect and be in force 30 days trom and after its passage,
approval and publication, as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL,WAY this
- day of
,2002.
CITY OF FEDERAL WAY, WASHINGTON
By
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. Christine Green, CMC
ORD#
,PAGES
APPROVED AS TO FORM:
CITY ATTORNEY, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\Ordin\Util1ty.Ord2002
ORD#
, PAGE 6
MEETING DATE:
í9
Novembed2002
ITEM# ~--
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Add tax to admission charges for recreation and amusement
CATEGORY:
BUDGET IMPACT:
D CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
X ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
A TT ACHMENTS: Ordinance providing for taxes upon persons who pay an admission charge to any place for the
purpose of recreation and amusement within the City of Federal Way.
SUMMARYIBACKGROUND: The legislature of the State of Washington repealed the Motor Vehicle Excise Tax,
which reduced Public Safety funding and ceased to provide substitute funds. The voters of the State of Washington
passed initiatives limiting the increase of property tax growth rate to the lower of I % or inflation, which does not keep
pace with public safety costs. The City Council has determined to increase public safety. State law permits cities to levy
a tax not to exceed 5% on charges for admission to places of recreation and amusement facilities. This ordinance will
levy 2.5% commencing January I, 2005 and levy 5% commencing January 1,2006 to provide revenue for the increased
demand of public safety services.
CITY COUNCIL COMMITTEE RECOMMENDATION:
PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on
November 19,2002."
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
. D JA,BLEDillEFERRED/NO ACTION
~ MOVED TO SECOND READING (ordinances onty)
COUNCIL BILL #
1ST reading
Enactment readiug
ORDINANCE #
RESOLUTION #
3/1
II! S;/{)'>.-
K:\agnditem\admissiontaxord2
ORDINANCE NO.
~FT
/O/3ò/û2-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, PROVIDING FOR TAXES
UPON PERSONS WHO PAY AN ADMISSION CHARGE TO ANY
PLACE FOR THE PURPOSE OF RECREATION AND
AMUSEMENT WITHIN THE CITY LIMITS; ADDING NEW
SECTIONS 14-131 TO 14-137 AND 14-151 TO 14-157 TO THE
CITY OF FEDERAL WAY CITY CODE AND PROVIDING FOR
RELATED MATTERS.
WHEREAS, the state legislature repealed the Motor Vehicle Excise Tax which
reduced the Public Safety funding for all local governments and will cease to provide substitute
funds as promised; and
WHEREAS, the voters ofthe state have passed tax limiting initiatives which limit
the increase in property tax growth rate to the lower of 1 % or inflation which does not keep pace
with the public safety cost increases; and
WHEREAS, as part of the 2003-2004 budget deliberation process, the City
Council has detennined that it is advisable to increase the service levels in the area of public
safety in public schools and on city streets;
WHEREAS, State law pennits the City to levy a tax not to exceed 5% on charges
for admission to recreation or amusement facilities and places; and
WHEREAS, the City deems it necessary and advisable to adopt measures
providing increased revenue to fund the proposed increase in public safety service demands
commencing January 1, 2005;and
WHEREAS, the City intends that the enactment of this ordinance will provide
sufficient notice to any and all concomitant agreements for the collection of said admissions tax;
ORD#
,PAGE I
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Administration. Chapter 14, Article IV, Diyision I of the Federal
Way City Code is hereby amended as follows:
Diyision 1. Generally
11131
11 110 Re~;ened.
14-131 Definitions.
For purpose of this division the words and phrases used in this section shall have
the following meanings unless the context otherwise indicates:
Director shall mean the Management Services Director or other employee or
agent of the city desif,'I1ated by the Citv Manager.
14-132 Administration.
The director shall have the power, and it shall be his or her duty. from time to
time. to adopt, publish and cnfDrce rules and regulations not inconsistent with this chapter or
with the law for the purpose of carrying out thc provisions thereof. and it is unlawful to violate or
fail to conmly with anv such rule or regulation.
14-133 Failure to make returns or to pay the tax ill full.
If any person fails. neglects or refuses to make its return as and when required
herein. the director is authorized to detennine the amount of tax pavable, and by mail to notify
such taxpavcr ofthc amount so determined. The amount so fixed shall thereupon be the tax and
be immediately due and pavable, together with penalty and interest. Delinquent taxes. including
any penalty and interest. are subject to an interest charge of twelve percent (I 2%) per year on any
unpaid balance from the date the tax became due as provided in this chapter until paid.
ORD#
, PAGE 2
14-134 Penalty for delinquent payment.
If any person. subject to this tax fails to pay any tax required by this chanter
within fifteen days after the due date thereoC there shall be added to such tax a penalty of ten
percent (10%) of the amount of such tax. and any tax due under this chapter which is unpaid and
all penalties thereon shall constitute a debt to the City and may be collected bv cOUl1 proceedings,
which remedy shall be in addition to all other remedies.
14-135 Overpayment oftax.
Anv money paid to the City through elTor. or otherwise not in payment of the tax
imposed by this chapter, or in excess of such tax, shall. upon appropriate proof provided by the
taxpayer and approved bv the director. be credited against any tax due or to become due from
sueh taxpayer hereunder, or. upon the taxpayer ceasing to do business in the City. be refunded to
the taxpayer.
14-136 Noncompliance - Penalty.
Any person. subject to this chapter, who fails or refuses to apply for a business
license or to make tax returns or to pay any tax when due. or who makes any false statement or
representation in connection with any such application for a business license or tax retlml, or
who otherwise violates or refuses to complv with this chapter, is guilty of a misdemeanor. and
each such person, is guilty of a separate offcnse for each and everY dav or portion thereof during
which any violation of any of the provisions of this chapter is cOimnitted. continued or pennitted.
and upon conviction of any such violation. such person shall be punishable by a fine not to
exceed $350.00 for each dav or portion thereof which such person. is fOlmd guilty of
noncompliance with the provisions of this chapter.
ORD#
, PAGE 3
14-137
Appeal to lIearin!! examiner.
,~m: taxpayer aggrieved bv the amount of the fee or tax determined by the director
to be due [lllder the provisions of this chapter may apneal such detennination t!J the City hearing
examiner in accordance with, and suhiect to the procedures setlÌJrth in, F'vVCC Section 22-431
through 22-460 pursuant to Process II Appeal Procedures. Pending a hearing. a taxpayer mav
withhold the fee or tax detcmlined by the director. lnhc tax or fee is withheld. the taxpayer shall
pav such amount to the City with interest from the date the amount was withheld. The director
shall periodically set the applicable interest rate for withholding.
14-138 Business re!!istration.
No person shall en!!agc in or carry on any business or operate anv plaee for
entrance to which an admission charge is made without first having obtainedlrom the city a
business registration as provided in FWCC Chapter 9. Such registration shall be posted in a
conspicuous place in each ticket or box office where tickets of admission are sold.
14-139-14-140 Reserved.
Section 2.
Reservation. Chapter 14, Article IV, Division 2, Section 14-149 is
hereby amended as follows:
14-149 -14-150 Reserved.
Section 3.
Admissions Tax. The Federal Way City Code is hereby amended
to add a new Division 3 to Article IV, Amusements, under Chapter 14, Taxation, which shall
read as follows:
Division 3. Admission Tax
14-151 Exercise of license revenue power.
The provisions of this chapter shall be deemed an exercise of the power of the
ORD#
,PAGE 4
City of Federal Way to tax for revenue.
14-152 Definitions.
In construing the provisions of this chapter, the following definitions shall be
applied:
(a)
"Admission charge," in addition to its usual and ordinary meaning,
includes but is not limited in meaning to:
(I)
A cover charge or a charge made for use of seats or tables, reserved or
otherwise, and similar accommodations.
(2)
A charge made for food or refreshments in any place where any free
entertainment, recreation or amusement is provided.
(3)
A charge made for rental or use of equipment or facilities for purposes of
recreation or amusement and, where the rental of the equipment or facilities is necessary to the
enjoyment of the privilege for which a general admission is charged, the combined charge shall
be considered as the admission charge.
(4)
A service charge, mailing fee or other ancillary payment, per ticket and/or
per order, whether or not they are printed on.the ticket or order.
(5)
The price of box or seat for the use of such a box or seat pennanentIy or
for a specified period.
(6)
A charge made for automobile parking where the amount of the charge is
detennined according to the number of passengers in an automobile.
ORD#
,PAGE 5
(7)
A sum of money referred to as "donation" which must be paid before
entrance is allowed.
(8)
The amount of an increase in the price of refreshments, service or
merchandise in a place if no fixed admission charge or cover charge is imposed, but the price
charged for refreshments, service or merchandise is higher during the time entertainment or
dancing is conducted than at other times.
(b)
"Cabaret" means a room where dance, musical, or other perfonning
entertainment is pennitted in connection with a restaurant, lounge, tavern or similar business.
(c)
"Nonprofit tax-exempt organization" means an organization, corporation,
or association organized and operated for the advancement, appreciation, public exhibition or
perfonnance, preservation, study and/or teaching of the perfonning arts (music, drama including
puppetry, opera, film arts or dance), visual arts, historic vessels, history or science, which is
currently recognized by the United States of America as exempt from federal income taxation
pursuant to Section 501 (c)(1) or (3) of the Internal Revenue Code of 1954,26 v.S.C. Section
501, as now existing or hereafter amended, and a division, department or instrumentality of state
or local government devoted to the arts, history or science.
(d)
"Place" includes, but is not restricted to, private clubs, theatres, dance
halls, tavern, cabaret, amphitheaters, auditoriums, stadiums, athletic pavilions and fields, baseball
and athletic parks, public golf courses and/or driving ranges, skating rinks, circuses, side shows,
swimming pools, amusement parks or similar places; and includes equipment and rides to which
persons are admitted for purpose of recreation such as meny-go-rounds, rollercoasters, go-carts,
ORD#
, PAGE 6
automatic baseball, observation towers and other rides whether such rides are restricted to tracks
or not.
(e)
"Subscription" means, in addition to its usual and ordinary meaning,
annual membership dues or fees in an organization whose principal purpose is to present
theatrical or musical perfonnance for its members.
14-153 Person subject to tax - Amount.
(a)
Effective January 1, 2005, there is levied and imposed a tax of two and on-
half (2.5) percent to be paid by every person, regardless of age, who pays an admission charge to
any place within the city limits. No tax shall be levied on any person who is admitted fÌee of
charge and from whom no compensating payment is obtained, The tax on reduced admission
charges shall be charged on such reduced charge and not on the regular admission charge.
(b)
Effective January 1, 2006 there is levied and imposed an increase of two
and one-half (2.5) percent for a total of five (5) percent admissions tax.
14-154 Exemption.
This following shall be exempt from any tax imposed under this Chapter:
(a)
Admission charges for any activity of any elementary or secondary school.
(b)
Admission charges which are $0.50 or less.
(c)
Events or activities sponsored by a non-profit, tax-exempt organization.
14-155 Price to be posted,
(a)
Whenever a charge is made for admission to any place, a serially
numbered or reserve seat ticket shall be furnished the person paying such charge unless written
approval has been obtained from the director to use a turnstile or other counting device which
, PAGE 7
ORD#
will accurately count the number of paid admissions. The established price, service charge, City
tax and total price at which every such admission ticket or card is sold shall be separately,
conspicuously and indelibly printed or written on the face or back of that part of the ticket which
is to be taken up by the management of the place to which admission is gained.
(b)
It shall be unlawful for any person to sell an admission ticket or card on
which the name of the person conducting the event and the price is not so printed, stamped or
written, or to sell or offer to sell an admission ticket or card at a price in excess of the price
printed, stamped or written thereon. The admission tax due shall be based on the total sum of the
established price plus any service charge printed on the ticket.
(c)
When a charge is made for admission, a sign must be posted in a
conspicuous place on the entrance or ticket office which breaks down the admission charge as
follows:
Established Price
Service Charge (if any)
City Tax
Total Price
14-156 Collection and payment oftax.
The tax required to be collected under this chapter shall be deemed to be held in
trust by the person required to collect the same until remitted to the director as herein provided.
Any and all taxes and payments due and unpaid under this Chapter shall be a debt to the City of
Federal Way, and shall be a personal obligation of the taxpayer that is required to collect the tax
and shall be a lien upon all the personal properties of the same. Said lien shall have priority over
all other liens and obligations except those to the state of Washington and the United States
, PAGE 8
ORD#
government. Said lien shall be enforced by the director as any other lien would be enforced
against a defaulting debtor.
(a)
Regular monthly returns:
The tax imposed under this Chapter shall be due and payable in monthly
installments, and remittance thereof shall be made on or before the IS1h day of the month
following the end of the monthly period in which the tax is collected.
Any person, including any municipal or quasi-municipal corporation, who
receives any payment for any admission charge on which a tax is levied under this chapter shall
file with the director a written return upon such form and setting forth such information as the
director shall reasonably require, and shall sign and transmit the same to the director with
remittance for the amount.
(b)
One-time returns:
Whenever a person makes an admission charge subject to the tax levied in this
chapter, and the activity, entertainment, amusement or exhibit is of a temporary or transitory
nature or there exists a reasonable question of financial responsibility, of which the director shall
be the judge, the director may require the report and remittance of the tax immediately upon the
collection of same, at the conclusion of the performance or exhibition, or at the conclusion of the
series of performances or exhibitions or at such other times as the director shall determine.
14-157 Deductions.
In computing the tax imposed by this chapter, the following amount may be
deducted from the measure of the tax:
Amount derived from business which the City is
prohibited form taxing under the Constitution or laws of this state or the Constitution or laws of
the United States.
ORD#
,PAGE 9
14-158 -14-169 Reserved.
Section 4.
Initiative and Referendum.
This Ordinance shall be subject to initiative and referendum powers as set forth in
Chapter 2, Article ill of the Federal Way City Code.
Section 5.
Severability.
The provisions of this Ordinance are declared separate and severable.
The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or
the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of this Ordinance, or the validity of its application to other persons or
circumstances.
Section 6.
Ratification.
Any act consistent with the authority and prior to the effective date of this
Ordinance is hereby ratified and affinned,
Section 7.
Effective Date.
This Ordinance shall take effect and be in force 30 days from and after its passage,
approval and publication, as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this - day of November, 2002.
CITY OF FEDERAL WAY, WASHINGTON
By
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. Christine Green, CMC
ORD#
,PAGE 10
APPROVED AS TO FORM:
CITY ATTORNEY, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
ORDINANCE NO, -
K:\ORDIN'admissiontaxord2
ORD#
,PAGE II
MEETING DATE:
11
November ¡ 2002
ITEM#:JL G)
CITYOF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Rate Structure for Storm and Surface Water Utility Rate Adjustment
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
X ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Ordinance to set 2003 Storm and Surface Water Utility Rates
SUMMARYIBACKGROUND: The City Council established a Storm and Surface Water Utility by Ordinance 90-32, the
rate structure was set to support the necessary maintenance, operations and capital improvements of the utility. The City
is required to implement measures under the Endangered Species Act and Clean Water Act. The storm water utility
conducted an evaluation of the costs to implement those requirements and impact on the rates charged to customers.. The
analysis indicates a 6.5% rate increase is needed to adequately support the necessary maintenance, operation and capital
improvements of the system. This amendment is to provide a funding mechanism to maintain, operate, and improve the
utility.
CITY COUNCIL COMMITTEE RECOMMENDATION:
PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on
November 19,2002."
CITY MANAGER APPROVAL:
.~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
~ MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
3/~
/IIS/ð~
REVISED - 05/10/2001
K: lAG N D1TE MIST ORMANDS U RF ACEW A TERRA TE STR UCTU R E
DRAFT
/ð($J/ð ¿
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE
NO. 96-277, ORDINANCE NO. 90-32, AND ORDINANCE NO.
91-117 BY AMENDING THE RATE STRUCTURE FOR
STORM AND SURFACE WATER UTILITY BY 6.5%.
WHEREAS, RCW 35.67 authorizes the City to establish a Stonn Water Utility; and
WHEREAS, the City of Federal Way established a Stonn and Surface Water Utility
by Ordinance 90-32; and
WHEREAS; the Federal Way City Council amended the rate structure ofthe Stonn
and Surface Water Utility by Ordinance No. 91-117 to adequately support the necessary
maintenance, operations, and capital improvement of the surface and stonn water management
system; and
WHEREAS; the Federal Way City Council amended the rate structure of the Stonn
and Surface Water Utility by Ordinance No. 96-277 to include a utility tax by Ordinance No. 95-257
to fund a transportation bond levied on all provisions of utility services within the City except for
water and sewer; and
WHEREAS; in response to the Endangered Species Act listing of Chinook salmon as
threatened, the City Stonn Water Utility and Community Development Department conducted an
evaluation of existing regulation, programs, and practices to determine if changes need to be made to
better meet the City's legal obligations under the Endangered Species Act, and the evaluation
recommended some changes and program adaptations; and
ORD #
, PAGE 1
WHEREAS; the evaluation also recognized the need to comply with the federal Clean
Water Act requirements for application in 2003 for a National Pollutant Discharge Elimination
System (NPDES) Phase II Pennit and recommended additional staffing for the Stonn Water Utility;
and
WHEREAS; the City Stonn Water Utility conducted an evaluation of the rate
structure in 2002 and detennined the CUITent structure does not adequately support the necessary
maintenance, operation, and capital improvements of the surface and stonn water management
system; and
WHEREAS, the Federal Way City Council finds it is in the best interest of the
citizens to increase the utility rates by 6.5% and to provide for any adjustments in the utility tax rate
being contemplated by the City Council effective January 1,2003 to fully and adequately support the
City's Stonn Water Utility needs;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Chapter 16, Article ill, Section 16-123 of Federal Way City Code is hereby
amended to read as follows:
16-123 Service area annual service charge.
There is hereby imposed upon all developed properties in the service area annual
service charges as follows:
Glass
Per-eelltage
Rute.lPareel (P) ar .'.ere (f.).'Year
ReGiàeßtial (R)*
NA
$71.87 (1997); $73.91 (1992) (P)
$71.87 (1997); $73.91 (1992) (P)
Very light (VL)
Q...-.l.G%
ORD #
, PAGE 2
Light (L)**
~
$171.:Q (199:); $172.45 (1998) (/I.)
$3é1.9() (199:); $35:.21 (1998) (A)
Meàcmte (M)**
~
Heàerotel) Rea'.') (HH)**
~
$:()2.Q3 (199:); $é93.99 (1998) (/I.)
$88é.Q1 (199:); $8:4.83 (1998) (t.)
Hea',')' (II)**
~
Very hea,)' (VH)**
~ $lléQ.5é (1997); $1115.é2(1998)
(A3
City Baà eeIlAt). reaàg
NA
$259.75 (1997); $25é.1() (1998) (A)
Slate higR.'.'a)'s
NA
~
Rate/Parcel (P)
Class Percentage Acre (A)Near Utility Tax (6%)
ResidentiallR)* NA $79.03 IP) $4.74
Very Light (VL) 0-10% $79.031P) $4.74
Light (L)** 10-20% $178.98 (A) $10.74
Moderate (M)** 20-45% $366.41 (A) $21.99
Moderately Heavy (MH)** 45-65% $706.96 (A) $42.42
Heavy ffi)** 65-85% $891.19 IA) $53.47
Very HeaVY (VH)** 85-100% $U66.06 (A) $69.96
City or County Road NA $264.13 IA) $15.85
State Highways NA *** NA
* Parcel is owned by and is the personal residence of a person or persons determined
by the public works director as qualified for a low income senior citizen property tax 'exemption
under RCW 84.36.381, the parcel shall be exempt from the service charge and the 6r.Hlial flat rate
eharge set forth iBFWCC 16121.
** The minimum service charge shall be $71.87 (1997); $73.91 (1998)
$83.77 /parcellyear (utility tax included). The maximum annual service charge for mobile home parks
ORD #
, PAGE 3
shall be $31.79 (1997); $31.38 (1998) $34.00 (utility tax included) times per the number of mobile
home spaces.
** * The rate charged to the state department oftransportation wi II be determined in
accordance with RCW 90.03.525. (Ord. No. 90-32, § 6(C), 2-13-90; Ord. No. 91-117, § I, 12-10-91;
Ord. No. 96-277, § I(C), 12-3-96)
Section 2. Chapter 16, Article ill, Section 16-124 of Federal Way City Code is hereby
amended to read as follows:
16-124 Additional flat rate charge.
1\n additioaal flat Fate char'ße af$U)(\ (1997); $1.91 (1998) per year will be added
to each service charge bill ta pR-)' far the apefatiaß efthe billiag system. The flat rate charge
preyiously added to each bill to pay for the operation of the billing system is now included in the
rates reflected in FWCC 16-123. (Ord. No. 90-32, § 6(D), 2-13-90; Ord. No. 91-117, § 1, 12-10-
91; Ord. No. 96-277, § I(D), 12-3-96).
Section 3. Chapter 16, Article ill, Section 16-127(5) of Federal Way City Code is
hereby amended to read as follows:
16-127 Request for rate adjustments-Conditions for approyal.
Requests for rate adjustment may be granted or approyed by the public works director
only when one of the following conditions exists:
(I) The parcel is owned and is the personal residence of a person or persons determined
by the public works director as qualified for a low income senior citizen property tax exemption
authorized under RCW 84.36.381; parcels qualifYing hereunder shall be exempt ITom all charges
imposed in FWCC 16-121 through 16-125;
ORD # , PAGE 4
(2) The acreage of the parcel charged is in error;
(3) The parcel is nonresidential and the actual impervious surface coverage of the parcel
charged places it in a different rate category than the rate category assigned by the public works
director;
(4) The parcel is nonresidential and the parcel meets the definition of open space in
FWCC 16-36. Property qualifYing under this article will be charged only for the area of
impervious surface and at the rate which the parcel is classified under using the total parcel
acreage;
(5) The parcel is served by one or more retention/detention facilities required pursuant to
the provisions of Chapter 21 FWCC, or can be demonstrated by the property owner to provide
detention/retention of stonnwater to the standards set forth in FWCC 21-26 et seq. and
maintained at the expenses of the parcel owner to the standards required by the city;
nonresidential parcels except in the light rate category qualifYing under this article shall be
charged at the rate of one lower rate category than it is classified by its percentage of impervious
surface coverage. Nonresidential parcels in the light category qualifYing under this article shall be
charged at the rate of$~70.34 per acre per year (plus utility tax)plas the Flat rate charge.
Residential parcels and parcels in the very light category qualifYing under this article shall be
charged $HM39.51 per parcel per year (plus utilitv tax)plas the flat rate charge;
(6) A parcel contains a stream, creek, lake, pond or wetland that has been identified in an
adopted drainage basin plan as an important stonnwater control facility; provided, that the parcel
owner provides annual maintenance to the standard required by the city. Parcels qualifying
hereunder shall be granted a discount in the manner set forth in subsection (5) of this section.
ORD # , PAGE 5
However, parcels qualifying under subsections (5) and (6) ofthis section shall receive only one
rate class discount, whichever is the greater;
(7) A parcel is divided by the boundary of the service area and the impervious surfaces of
the parcel are outside of the service area. Property qualifying hereunder shall be exempt from the
rates and charges of the ordinance;
(8) A parcel is divided by the boundary of the service area and the impervious surfaces of
the parcel are outside of the service area; parcels qualifying hereunder shall be charges as
otherwise provided herein on the basis of the lands and impervious surfaces which drain into the
service area;
(9) The rate or service charge is otherwise erroneous in applying the tenns of this article;
(10) A parcel is served by a stonnwater treatment facility which holds a current national
pollutant discharge elimination system (NPDES) pennit under the authority of the Clean Water
Act of 1982, Section 402, specifically for the treatment of stonnwater from the parcel and such
system discharges directly into Puget Sound, without in any way utilizing any other stonnwater
conveyance or storage facilities. Parcels qualifying hereunder will be charged only for the area of
impervious surface not served by the stonnwater treatment facility and at the rate based upon the
unserved portion of the parcel;
(11) A parcel is owned or leased by a public school district which provides activities
which directly benefit the surface water management utility. The activities may include
curriculum specific to the issues and problems of surface water management, and student
activities in the community to expose students to the efforts required to restore, monitor or
ORD #
, PAGE 6
enhance the surface water management system. The amount of the rate adjustment shall be
detennined by the public works director based upon the cost of the activities to the school district
but not to exceed the value of the activity to the surface water management utility. The rate
adjustment for the school district activity may be applied to any parcel in the service area which
is owned or operated by the school district. (Ord. No. 90-32, § 7(B), 2-13-90)
Section 4. Severabilitv. The provisions ofthis ordinance are declared separate and
severab Ie. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affinned.
Section 6. Effective Date. This ordinance shall take effect January 1, 2003.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of November 2002.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ORD #
, PAGE 7
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
ORDINANCE NO.
K:IO,dinISWMRa"lncreaseVer3
ORD #
, PAGE 8
MEETING DATE:
11
November/' 2002
ITEM# JLy)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2003-2004 Biennial Budget
CATEGORY:
BUDGET IMPACT:
D CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
X ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: 2003-2004 Budget Ordinance and Exhibit A
SUMMARYfBACKGROUND: The City Manager has submitted the City's proposed 2003-2004 budget to the City
Council for consideration. The Council has held two public hearings on October I" and November 5th allowing for citizen
comment on the proposed budget document. This budget ordinance reflects the deliberations at the study session on
October I't.
CITY COUNCIL COMMITTEE RECOMMENDATION:
PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on
November 19, 2002."
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
~OVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
d/~
!t/Fyð ~
REVISED - 05/10/2001
K :IAG N D1TE M\2003-2004Bien nja I Budget
2003-04 COUNCIL BUDGET CHANGES AND DECISIONS
BASELI'ΠOPERATI:'IIG BUDGET
1.
Increase ACC funding by $5,000 (to $20,000), in 2003.
2.
Add $58,134 to CM contingency that is designated for Human Services to be allocated for
I-time HS proiects/uses, upon the completion ofthe review of:
a.
The efficient use ofHS funding by examining gaps and overlaps in the HS Programs
and delivery system to ensure a safety net for the community is provided;
b.
The HS funding allocation priorities and processes to ensure the needs of Federal
Way are served first; and that best outcomes/results are achieved from the funds
allocated.
3.
Cap the reimbursement for the support of Lodging Tax Advisory Committee to $13,000 per
year for 2003-04 and review the reasonableness of the cost and the proposed 10%
assessment in future budget process.
PRIORITY CAPITAL I:'IIVESTl\IENTS
1. Approve the proposed early retirement ofREET bond.
2. Approve the proposed 2003/2004 capital budget allocation.
3. Approve the Capital Investment Plan and to continue the existing utility tax to fund the top
priority projects from 2003 to 2008.
SERVICE Il\IPROVEl\IEI\TS/ADDITlO:'liAL CAPITAL
I. Fund ESA and NPDES mandates and updated capital project costs by increasing the SWM
rate by 6.5%.
2. Fund improvements in the pennit system as recommended by the Pennit Process Review and
the Stakeholder Group with an increase of the pennit fees by 14.6%.
3. Add 2 additional School Resource Officers and 2 additional police officers to be funded with
I-time resources in 2003-04, and with Admissions Tax levied at 2.5% in 2005 and an
additional 2.5% in 2006.
4. Add a new community/senior center/pool facility funded with an increase of I % utility tax.
5. Provide funding for continued operation of the Kenneth Jones Pool in the interim and the
new Pool/Community/Senior Center in the future with the utility tax provided.
ORDINANCE NO.
DRAFT
I ð/5CYð¿
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS
AND FINANCE, ADOPTING THE 2003-2004 BIENNIAL
BUDGET.
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington,
for the 2003-2004 fiscal biennium have been prepared and filed as provided by the laws of the State
of Washington; and
WHEREAS, the budget was printed for distribution and notice published in the
official paper of the City of Federal Way setting the time and place for hearing on the budget and
said notice stating that all taxpayers calling at the Office of the City Clerk would be furnished a copy
of the budget; and
WHEREAS, the City Council of the City of Federal Way, having held a public
hearing on the budget on October I, 2002 and November 5, 2002, and having considered the public
testimony presented; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section I. 2003-2004 Biennial Budget. That the budget for the 2003-2004 biennium
is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ("2003
and 2004 Adopted Budgets").
Section 2. Administration. The City Manager shall administer the Biennial Budget
and in doing so may authorize adjustments to the extent that they are consistent with the budget
approved herein.
ORD #
, PAGE 1
Section 3. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereofto any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned,
Section 5. Effective Date. This ordinance shall be effective January 1, 2003.
PASSED by the City Council of the City of Federal Way this
day of
,2002.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:IORDIN\BUDGET03&04
ORD #
, PAGE 2
EXHIBIT A
200312004 ADOPTED BUDGET
2003 2003 2004 2004 Ending
Fund Beg FIB Revenues Expenses Beg FIB Revenues Expenses FIB
General Fund 6,576,552 29,062,137 31,755,779 3,882,910 29,811,531 33,384,441 310,000
Special Revenue Funds:
Street 100,000 3,860,784 3,860,784 100,000 3,872,634 3,872,634 100,000
Arterial Slreet 4,726 1,683,775 1,683,775 4,726 1,786,882 1,786,882 4,726
Utility Tax 8,205,502 7,897,610 15,995,118 107,994 8,053,020 5,994,897 2,166,117
Solid Waste/Recycling 130,653 307,240 364,441 73,452 306,695 365,934 14,213
Special Contract/Studies 0 0 0 0 0 0 0
Hotei/Motel Lodging Tax 59,361 134,000 134,000 59,361 134,000 134,000 59,361
2% for Arts 0 0 0 0 0 0 0
Grants - CDBG 0 728,949 728,949 0 554,170 554,170 0
Paths and Trails 51,363 9,300 0 60,663 9,400 0 70,063
Debt Service Fund 5,301,095 15,198,898 16,683,394 3,816,599 5,028,836 4,868,850 3,976,585
Capital Project Funds:
Capital Project-City-wide 7,122,729 17,476,000 24,595,500 3,229 1,250,000 1,250,000 3,229
Capital Project-Parks 136,584 1,387,000 1,422,818 100,766 787,000 823,516 64,250
Capital Project-SWM 3,328,706 1,130,709 2,711,960 1,747,455 1,521,764 2,794,459 474,760
Capital Project-Traffic 112,438 0 0 112,438 0 0 112,438
Capital Project. Transportation 6,293,571 13,679,000 16,330,770 3,641,801 14,219,000 14,829,893 3,030,908
Enterprise Fund:
Surface Water Management 436,305 3,513,487 3,013,451 936,341 3,519,421 3,955,764 499,998
Dumas Bay Centre 32,728 814,301 810,837 36,192 799,426 797,306 38,312
Internal Service Funds:
Risk Management 3,957,728 744,920 656,920 4,045,728 754,864 667,464 4,133,128
Information Systems 1,940,124 1,609,037 1,687,290 1,861,871 1,555,961 1,483,579 1,934,253
Mail & Dupiication 145,811 196,478 174,731 167,558 201,397 179,650 189,305
Fieet & Equipment 2,139,563 1,417,284 1,276,757 2,280,090 1,388,630 889,302 2,779,418
Buildings & Furnishings 809,637 499,489 424,361 884,765 466,030 389,510 961,285
Grand Total All Funds $ 46,885,176 $ 101,350,398 $ 124,311.635 $ 23,923.939 $ 76,020,661 $ 79,022,251 $ 20,922.349
k:lfinl0304budgetlnew programsldetail of changes 0304 budget ordinance 10/31/2002 2:43 PM
MEETING DATE:
November 19,2002
ITEM# .JL- ~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Resolution repealing previous fee schedule Resolution No. 01-351 and adopting 2003 fee schedule
CATEGORY:
~ CONSENT
~ RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMPACT:
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Resolution and 2003 Fee Schedule
SUMMARYIBACKGROUND: A stakeholders group reviewed the permitting process and recommended a permit
process improvement work plan, to include additional permit staff and a fee increase to pay for the additional staff. Fees
in the Public Safety Department for case reports, accident reports, fingerprints, and traffic school were reviewed and
adjusted to accurately reflect the costs incurred by the City. Revised School Impact fees reflect the Federal Way School
District's 2003/2004 Capital Facilities Plan.
CITY COUNCIL COMMITTEE RECOMMENDATION: Budget review by full Council
PROPOSED MOTION: "I move approval of a Resolution adopting the 2003 Fee Schedule and repealing the fee
schedule adopted by Resolution No. 01-351."
CITY MANAGER APPROVAL:
-~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
RESOLUTION NO.
DRAFT
Itl! LjO2-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING A FEE
SCHEDULE AND REPEALING THE FEE SCHEDULE
ADOPTED IN RESOLUTION NO. 01-351.
WHEREAS, the City is authorized under, RCW 35A.ll.020, 35A.63.100(2), and
RCW 19.27.040 to require licenses for the conduct of business and pennits for construction of
structures and improvements, and to impose fees to recoup the costs of processing applications for
such licenses and pennits; and
WHEREAS, the City is authorized by Federal Way City Code Chapter 14, Article VI,
to adopt a school impact fee; and
WHEREAS, the stakeholder group that reviewed the pennitting process detennined
that the citizens could better be served with additional pennitting system and personnel and that the
pennit fees should pay the entire processing cost, thus, increasing the fees by 14.6% effective
January I, 2003; and
WHEREAS, the fee amounts set forth in the Fee Schedule attached to Resolution No.
01-351 and the 2001-2002 City budget do not accurately reflect the costs the City will incur in
processing applications for all pennits, including the additional personnel, nor do they reflect the
school impact fees derived from the Federal Way School District's 2003/2004 CapitafFacilities
Plan; and
WHEREAS, the City Council desires to repeal Resolution No, 01-351 and replace the
Fee Schedule attached to Resolution No. 01-351 with the Fee Schedule attached as Exhibit A to this
Resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES HEREBY RESOLVE AS FOLLOWS:
Res. No. 01-_, Page I
Section I. Repealer. The Fee Schedule attached as Exhibit A to City of Federal Way
Resolution No. 01-351, is hereby repealed, except as set forth in Section 3 below.
Section 2. Fee Schedule. The City of Federal Way hereby adopts the Fee Schedule as
attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for the
various licenses, activities and pennits processes ofthe City.
Section 3. Increase in Certain Fees to Correspond to Consumer Price Index Not
Affected. The annual increase in fee amounts for pennits under the Land Use, Mechanical Code,
Plumbing Pennit, Public Works, Electrical Code and Unifonn Building Code, established as part of
Resolution Nos. 98-281 and 01-351, whereby the fee amounts are increased annually according to
the percentage of annual inflation shown in the mid-year Consumer Price Index for the Seattle-
Everett-Bremerton area, shall not be affected by this Resolution. Further, the "over-the-counter"
pennit fee established in the Fee Schedule attached as Exhibit A hereto shall also be adjusted
annually, according to the percentage of annual inflation shown in the mid-year Consumer Price
Index for the Seattle-Everett-Bremerton area.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affinned.
Section 6. Savings Clause. Resolution Nos. 98-281 and 01-35 I, a portion of which is
repealed by this resolution, shall remain in full force and effect until the effective date of this
Resolution, and shall remain in full force and effect in the event this resolution is invalidated in its
entirety.
Res. No. 01-_, Page 2
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, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:\resolfeesched.O I
Res. No. 01-_, Page 3
CITY OF FEDERAL WAY
2003 FEE SCHEDULE
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
"~""'tO1'KOI"_"""',"'.KI""'~~'"
Pursuant to King County Fee Schedule
I'!""""'.""'O."'I'I.."""""""'M""
Operator License (in addition to business license)' ................................................. $500
Manager or Entertainer License ............................................................................. $50 ..'.. .....
. If the original application for license is made subsequent to June 30, the license fee for the remainder of that year shalt be
one-half of the annuat license fee.
Late Penalty:
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license:
8,30dayspastdue....... 25%
31-60dayspastdue......,.. 50%
61 and over days past due.. 100%
$500
$50
.....................
25%
50%
100%
I'!""""'."""'-"'~~t".........""..~..",.."",
General Business License:
New Business, all categories unless otherwise Identified herein.
Business RenewaL............... ...
Duplicate Registration (replacement).. ....................
$50
$25
$15
...................
$50
$25
$15
Gambling:
Business Establishments Authorized by the State Gambling Commission to Operate Social Card Games and/or expanded
card room activities:
New Business, Expansion, or Change of Ownership.
Renewal.
$500
$100
$500
$100
Restaurants & Taverns:
Restaurants per RCW 66.24.400 and Taverns per RCW 66.24.330 authorized to sell spirits, beer, and wine or beer and wine only,
by the drink for on,premises consumption with less than 50% in dedicated dining areas:
New Business, Expansion, or Change of Ownership..........
Renewal.
$500
$25
$500
$25
Adult Entertainment Establishments:
New Business, Expansion, or Change of Ownership..
Renewal.
$500
$100
$500
$100
Late Penalty:
Failure to pay any registration fee due within thirty (30) days after the day it is due shall result in a penalty of 5% on the amount
of the registration fee, and an additional penalty of 5% for each succeeding mon1h of delinquency or part thereof, not to exceed
20%Ofther~.
"~;{"1[01'."'1II' ' , 'm,"~
False Alarm Fee
4th and 5th false alarms in a registration year (July 1 ' June 30), each alarm.............
6th and successive false alarms in a registration year (July 1 - June 30), each alarm.....
$50
$100
$50
$100
Registration Fee...................................................................................................
Late Registration Fee Penalty.......,..
Late False Alarm Payment Penalty...
Appeal Hearing Cancellation Fee.....
$15
$50
$25
$10
$15
$50
$25
$10
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
""""""'."'_."""""1""""'1"".~"","""
Carnivals or Fairs:
1-10 Booths/Displays.......
11-20 Booths/Displays.....
20 + Booths/Displays..
Compressed gases.
Cryogens .................... ..... ... .
Fire Hydrants and Water Control Valves..........
li!ll""""'"
$100.00
$200.00
............................ ...................
Flammable or Combustible Liquids:
Install, Remove, Abandon - Residential Tank...........
Hazardous materials..,......
Mall covered - Annual Fee.
Open Burning....
Parade floats.....
....................
Places of Assembly:
Occupant Load 50 - 299 persons........
Occupant Load 300 - 999 persons...................................
Occupant Load 1,000 or more persons..
Places of Assembly:
50-299 & Candles/Open Flame - Renewal......
300 - 999 & Candles/Open Flame, Renewal..
1000+ & Candles/Open Flame, Renewal..
$200.00
$120.00
$150.00
$180.00
$210.00
$240.00
$270.00
Repair Garage & Flammable/Combustible LIquids & Hot Work -InitiaL........
Repair Garage & Flammable/Combustible LIquids & Hot Work - Renewal..
Repair Garage & Hot Work - Initial......
Repair Garage & Hot Work - RenewaL......... .............
Repair Garage & Flammable/Combustible LIquids & LPG -InitiaL......
Repair Garage & Flammable/Combustible LIquids & LPG - RenewaL..,
Repair Garage & Flammable/Combustible LIquids & Hot Work, InitiaL......
Repair Garage & Flammable/Combustible LIquids & Ho1 Work, Renewal..
Repair Garage & Spraying/Dipping & Hot Work, Initial.......
Repair Garage & Spraying/Dipping & Hot Work - RenewaL......... . ....
Repair Garage & Flammable/Combustible LIquids & LPG & Hot Work, Initial.......
Repair Garage & Flammable/Combustible LIquids & LPG & Hot Work, RenewaL............
Repair Garage & Flammable/Combustible LIquids & Spraying/Dipping & Hot Work -InitiaL...
Repair Garage & Flammable/Combustible LIquids & Spraying/Dipping & Hot Work-Renewal.
All Other Permits (See Uniform Fire Code Section 105.8) -Initial........,...
All Other Permits (See Uniform Fire Code Section 105.8), RenewaL......
,.~"~,,,~,
$100.00
$150.00
$200.00
$50.00
$132,00
No Charge
$35.00
$132.00
$1,000.00
No Charge
$100.00
$80.00
$100.00
$120.00
$140.00
$160.00
$180.00
$210.00
$140.00
$210.00
$140.00
$300.00
$200,00
$300,00
$200.00
$300.00
$200.00
$390.00
$260.00
$390.00
$260.00
$120.00
$80.00
!i1I1Ii1""""
$100,00
$200.00
.....................
$200.00
$120.00
$150.00
$180.00
$210.00
$240,00
$270.00
Additional inspections required to secure compliance (min. 1/2 hr).........
Note: Fire Department Annuat Permit Fee entitles applicanf to an initial inspection and one fa/tow-up inspection.
Fire Department Review and Inspection of Building Permits.
Fire Prevention System Permits
Permit Fee(based on valuation)..
Plan Review Fee.
Note: City retains $20.00 of total fee for processing
"~""'1O1'""O:_."¡:""I'I"'"
Public Display Permit (together with $100.00 cash bond) .
$47.00/hour
15% of Building.
Permit Fee,
min. $47
...['er UBC Table 1-A
65% at FPS
Permit Fee
$100
,.~"~,,,~,-
$100.00
$150.00
$200.00
$50.00
$132.00
No Charge
$35.00
$132.00
$1,000.00
No Charge
$100.00
$80.00
$100.00
$120.00
$140.00
$160,00
$180.00
$210.00
$140.00
$210.00
$140.00
$300.00
$200.00
$300.00
$200.00
$300.00
$200.00
$390.00
$260.00
$390.00
$260.00
$120.00
$80.00
$47.00/hour
15% of Building
Permit Fee,
min. $47
Per UBC Table 1-A
65% at FPS
Permit Fee
$100
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
"~:("'I'I/"~"":(/.""/I'.'¡"~
A. In addition to the scheduie, a fire district administrative fee in an amount equal to 5% of the land use fee imposed shall be
charged and collected by the City and paid to the fire district. The fire fee is noted in boid beneath each fee.
Director's Approval; interpretation (Process 1) , no fee
Other minor site review at hourly rate... .......................
Site Plan Review (Process 2) Base Fee, Plus:....................................................
Fire Review at 5%..
over 25,000 sq. ft...
over 50,000 sq. ft...
over 100,000 sq. ft..
........................
Land Sulface Modificalion, .
Pius Per Acre..
Preliminary Plat Base, .
Plus Per Acre.........
Plus Fire Review Fee..
Final Plat..
Boundary Line Adjustment Base,.
Pius Fire Review Fee..
Boundary Line Elimination (iot line elimination - LLE)..
Binding Site Plan..............
Plus Fire Review Fee..
Short Subdivision .............
Plus Fire Review Fee..
Shoreline Permit Base, Plus:.
over $15,000 value..
over $50,000 value....
over $100,000 value..
over $500,000 value.....
over $1 ,000,000 value..
.......................
Shoreline Conditional Use Permit (CUP)"
Shoreline (Exempt Determination).....................
Shoreline Variance......
Process I-Applications....,........,..,...........,......,............ ............ ........
for radio tower and antenna structures for use by amateur radio operators, required b)
Federal Way City Code Section 22-1047 (3)
Project Approval (Use Process 3)......................................................................
Plus Fire Review Fee..
over 25,000 sq, ft..
over 50,000 sq. ft...
over 100,000 sq. ft..
Plus PW Review..
...........................
$áG,OO-
~
~
~
$439,W.
~
.....................
.....................
.....................
~
$j+OO.
~
$á&OO-
~
~
$Q9ð,OO.
$@,OO.
~
~
~
~
~
~
$éœOO.
~
~
~
~
~
~
~
~
~
~
~
~
$439,W.
~
~
$57.50
$1,671.00
$83.50
$288.50
$504.00
$720,50
$1,713.00
$12.50
$6,048.50
$66.50
$302.50
$2,433.50
$1,137.50
$56.00
$144.00
$1.828,00
$91.50
$1,828.00
$91.50
$2,044.50
$576.50
$1.728.50
$3,168.50
$6,336.50
$9,503.50
$4,895,50
$71.50
$3,239.50
$144.00
$6.50
$1,067.50
$53,50
$288.50
$504.00
$719.50
$761.50
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
Hearing Examiner Approval {Process 4).............................................................
Plus Fire Review Fee..
Plus PW Review..
~
WQ,OO.
$OO'hOO-
$1,927.50
$96.50
$1,039,50
Residential Variances...................... ..............................
Pius Fire Review Fee..
~
~
~
$á+,OO.
$719.50
$36.00
SEPA Environmentai Checklist Only..
Plus Fire Review Fee..
$1,296.00
$65.00
SEPA Checklist as Part of Project.........
Plus Fire Review Fee..
~
$2&00-
$648.00
$32.50
SEPAAppeals.
$83,00-
m&,OO-
$101.00
Appeal of Administrative Decision '.....
$144.00
Appeal of Hearing Examiner Decision '..
m&,OO-
~
~
$144.00
Comprehensive Plan Amendments....
Plus Per Acre..
$719.50
$71.50
Quasi-Judicial Rezones (Process 5)
to RS Zone......,..,
Plus Per Acre"
Max...
to RM Zone...............
Plus Per Acre..
Max.............
~
W4,OO.
~
$3+7,00-
~
~
$648.00
$359.50
$15,840.50
$936.00
$1,152.00
$25,057.00
to Commercial/Industrial Zone.....
Plus Per Acre..
Max..
~
~
~
$1,296.00
$1,728.50
$26,641.00
Pre,Application Meeting..................................................................................
$ðð4,OO.
$382.50
Signs, First Sign.............................................................................................
Each Additional Sign/Same Application..
~
~
~
$35.50
$14.00
Temporary Signs.............................................................................................
$35.50
In,Home Day Care Facilities:
12 or fewer attendees (Process I)..
~
$35.50
Home Occupation (Review Required):
Standard Permit..... ....
Planning Commission.....
~
~
$35.50
$71.50
Accessory Dwelling Units.............................................................................
m&,OO-
$144.00
, Appeal Fee shall be reimbursed in the event the reviewing authority determines that the appellant has substantially prevailed in
the appeal action.
Note: Additional fees will be required to pay for any time spent on Land Use Applications by the Department of Public Works
above the number of hours covered by Ihe base amount allocated to Public Works for each application.
B. REFUNDS OF LAND USE FEES.
The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the
proceedings in connection with a land use application. The Building & Zoning Director may authorize the refunding of not more
than 80% of the total application fees paid provided the applicant presents a written request to withdraw or cancel prior to routing of the
application for staff review.
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
"'~"""'1'."10I:1_"'1"1 :~""1"".1 "'1
A. Permit Issuance
Mechanical appliance are based on installation valuation using UBC Table 1A as amended in Section 19 of the City of Federal
Way Fee Schedule.
B. Plan Review Fees
Plan review fees, when charged, are equal to 25% of the total mechanical fee as calculated above.
C. Other Inspection Fees
1. Inspections outside of normal business hours, Per Hour, minimum 1 hour..
2. Reinspection fees assessed under provisions of UBC See 116..
3. Additional plan review requiled by changes, additions or revisions to plans......
which an initial review has been comple1ed (minimum 1/2 hour)
"'~"""'I'."t"-","'~I ".""""'II"
Over the Counter Permit .......................................................................................
~
~
$60.00
....................
$60.00
~
$60.00
~
.....................
$28.50
Miscellaneous Permits (Land Use, Public Works & Building Permit Services):
Any public work, land use, building permits not covered by the fee schedule, if performed by employee, is based on actual hourly cost,
plus benefits of 30%, plus overhead of 25%. Any private or public professional service contract needed will be billed 100%, plus 10%
billing and administrative charges.
Maps, Plats, Miscellaneous....................................................................................
Photocopies, Per Page...........................................................................................
Rolled Plan Copies, Per Sheet................................................................................
Audio Tape Duplication, Per Cassette......................................................................
Cost + 10%
Cost + 10%
$0.15
$0.15
$2,00
. $5 D sizel $7 E
size
$10.00
$10.00
Video Tape Duplication, Per Tape ......................................................................................................
$5.00
GIS Map and Data Requests ':
81/2by11,Paper,Color.............. $4.00
81/2byI1-Paper,B1ack&White... $3.00
81/2byI1-Mylar-Color............... $5.00
81/2by11-Myiar-Black&White... $4.00
11 byI7,Paper-Color.............. $5.00
11 by 17-Paper-Black&White.. $4.00
11 by 17-Mylar, Color.......... $6.00
11 by 17-Mylar-B1ack&White.. $5.00
Up to 34 by44, Paper-Color... . ... $10.00
Up to 34 by44-Paper-B1ack&White...... $7.00
Up to 34 by44, Mylar-Color............. $37.00
Upt034by44-Myiar-B1ack&White........... $31.00
3J> Floppy Disk or CD ROM (perdisklCD),......... """"""'..,........ ... """"" $1.50 ...
, Maps that require exlensive processing time or require additional ink and plotting supplies will be
charged at a higher rate. Applicable sales tax will be added to the costs
Staff Time to Complete Request. Per Hour..
Computer Usage, Per Hour... ................ .. ..................................................
Note: Staff time and computer usage will only be charged on requests for custom products.
Clork's Cortificalion...............................................................................................
Notary Public Attestation or Acknowledgment or as otherwise...................................
provided for in RCW 42.44.120, per signature
Facsimile Usage (incomingtoutgoing) 1st Pago........................................................
each additional page.............
Bound Printod Documents.....................................................................................
$25.00
$5.00
$ð,OO.
$5.00
$3.00
$1.00
$3.00
$1,00
Actual Cost
Actual Cost
$4.00
$3.00
$5.00
$4.00
$5,00
$4.00
$6.00
$5,00
$10.00
$7.00
$37.00
$31.00
$1.50
~
$15.00
$35,00
$15.00
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
..~"..,.."."".".".' 'I:I:"I"":
Pawnbroker License..............................................................................................
Secondhand Dealer License...................................................................................
Late Penalty:
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penalty Is calculated as a percentage of the license:
8 - 30 days past due... 25%
31 - 60 days past due......... 50%
61 and over days past due.............. 100%
"~"""'I'.".:i""'.~.""":",¡e.~"",',,,
$300,00
$24.00
$300.00
$24.00
26%
50%
100%
A. Permit Issuance - each permit (when not pari of a building permit):
~
$0.00
B. Additional Fee:
1. For each plumbing fixture of trap or set of fixtures on one trap (including water, drain¡
$3,00-
$g.oo
2. Rainwatersystems-perdrain(insidebuilding)...............
$3,00-
$3,00-
$9.00
3. For each water heater andlor vent..
$g.oo
4. For each industrial waste pretreatment interceptor, including its trap and vent
excepting interceptors functioning as fixture traps.
5. For installation, alteration or repair of water piping andlor water treating equipment.
$8,00-
...................
$9.00
6. For repair or alteration of drainage orient piping........... ...................
$8,00-
$8,00-
$9.00
.....................
$g.oo
7, For each lawn sprinkler system or anyone meter including backflow protection
devices therefore.
8. For vacuum breakers or backflow protective devices on tanks, vats, etc, or for installation on unprotected plumbing fixtures
including necessary water piping:
one (1) to five (5). each..
over five (5), each..
$8,00-
$9.00
$MG.
$ð,W.
$6.50
$4.00
G. Penalty Fees:
Any person who shalt commence any work for which a permfl is required by this Code without first having obtained a pennfl shalt pay
doubte the permfl fee fixed by this section for such work. Such doubte permit fee shalt be in addftional to any penafly for a viotation
of/he provisions of this Code.
D. Administralive Note:
For the purpose of this section, a sanita¡y plumbing outlet on or to which a plumbing fixture or appliance may be set or attached
shalt be construed to be a fixture. Fees for reconnection and retest at existing ptumbing systems in relocated buildings
shalt be based on the number of plumbing fixtures involved
"~""""'."""""'_~'1".""""'""""'.""""":"'.
Annual fee.................
AnnualfeeafterJu1y1... ....
Per Event or Limited Permit, per day..
Renewal late charge fee....,..,............... ............. ..........................
Processing fee for applications received less than 30 days from the event..
Litter control security deposit, cash or bond............
Appeal fee......
.....................
$150
$75
$25
$50
$50
$1,000
$50
$150
$75
$25
$50
$50
$1,000
$50
"~"""'I'.""'.""".~":I.""."""""
A. Building Moving and Oversize/Overweight vehicle Permit.
1. Building moving through City,
2. Building moving into or within City...................
Pre-move inspection, the higher of actual cost or
~
~
$44&00-
$71.50
3. Oversizetoverweight vehicle permiL..
~
$71.50
$169.50
$71.50
B. Street andlor Easement Vacalion Applicalion
1,300 lineal feeL................,........,........
every100 lineal feet thereafter, per 100 LF..
~
~
$696.50
$71.50
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
C. Right-of,Way Use Permit, includes 1 inspection
,. Individual single family homeowner applications..
W&OO-
$158.00
2, All other applications..
~
$219.50
3. Suppiement plan review fee for any and all permits, per hour......
$W,OO-
$57.50
4. Supplemen1 construction Inspection for any and all permits, per hour..
$44,W-
$51.00
D. Right-of-Way Code Variance Request, plus recording fee '..................................
~
$71.50
E. Development Review Fee.
,. Single Family....... ... ................. .....
2. Short Subdivisions Construction Plans (Up to 8 hours of
review time)
a. Supplemental plan review/construction service fee, per hour
b. Cons1ruction Inspection Fee, per hour..........,..,
3. Subdivisions and Commercial/Industrial Developments..
Construction Plans (up to 12 hours of review time)
a. Supplemental plan reviewlconstruction service fee, per hour
b. Construction Inspection Fee, per hour..................
$W,OO-
$4OO,áG-
$57.50
$459.00
$W,OO-
$44,W-
$åM,OO.
$57.50
$51.00
$689.00
$W,OO-
$44,W-
$57.50
$51.00
F. Miscellaneous Public Works Permits and Services (Same fee structure under Section
NinetMiscellaneous Fees)
. Recording Fee per chapter 36.198.010 RCW and as amended and K.C. Code 1.12.120 and as amended
"~""11O1'."'111"1""'_""'1'1'."'"
Delivery Fee..
m,oo.
$29.50
"~""11O1'..I"I""'_"t":II!"""""".""""'.'
Right of Way Activity Permit Fee..
$J.1.,OO.
$35.50
"~""IIOI"'~"."""_""'t..,,:..
Peruant to King County Fee Schedule
"~""'('I"'~"""""""_.'""""""" :t,:lII:!. [":f')I:I:I'II..~..:tl"~I'I"""~'"
MASSAGE BUSINESSES:
1. Massage Business (in addition to a business license)...
2. Massage Practitioner.. ....................................
3. Message Manager..
4, La1e Penalty:
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license:
8-30dayspastdue....... 25%
31-60dayspastdue............. 50%
61 and over days past due........................ 100%
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
25%
50%
100%
Proration: The entire annual license fee shatt be paid for the applicable calendar year regardtess of when the application for license is
made and shatt not be prorated for any part of the year except that if the original application for license is made subsequent to June 30,
the license fee for the remainder of that year shatt be one-half of the annual license fee. Annual license renewals shatt be required to be
obtained and paid in futt by January 31 of each respective year.
PUBLIC BATHHOUSE BUSINESSES:
,. Public Bathhouse Business (in addition to business license)....
2. Bathhouse Attendant.. ....................
3. Bathhouse Manager..
4. Late Penalty:
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license:
8 - 30 days past due ...... 25%
31-60dayspastdue......... 50%
61 and over days past due.. 100%
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
25%
50%
100%
Proration: The entire annual license fee shatt be paid for the applicable calendar year regardless of when the apptication for license is
made and shatt not be prorated for any part of the year except that it the original application for license is made subsequent to June 30,
the license fee for the remainder of that year shatt be one,half of the annual license fee. Annual license renewals shatt be required to be
obtained and paid in futt by January 31 of each respeefive year.
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
':"""""1:11":"""'.".""""""."'1'1
New Residential Services
Single Fami1y- First 1300 sq It...
Each additional 500 sq It..
$+&,00-
~
$85.50
$27.50
Each outbuilding or garage (inspected with service)..................
Each outbuilding or garage (inspected separately).
~
$W,OO.
$35.50
$57.00
New Mulli,Family (Includes three units or more)
Upto 200 amp, Service..... .........................................................
Feeder..
201-400 amp. Service....
Feeder......
.....................
~
~
~
$W,OO.
.....................
$93.00
$27.50
$115.50
$57.00
401-600 amp, Service......,
Feeder..
"""""""""""
wg,oo.
$é3,W-
~
$84,W-
$158.50
$78.50
601-800 amp, Service.......
Feeder..
$202.50
$108.50
Over 800 amp, Service.......
Feeder....
~
~
$289.50
$216.50
Altered Single/Multi Family (When inspected separately from the service), Service or Feeder
Ot0200amp... ~
201-600 amp... ~
Over 600 amp.......... ~
Mast or meter repair.. ~
Circuits, 1st4 ........................ $W,OO.
Circuits, Each Additional over 4........ $t>.OO.
$71.50
$115.50
$174.00
$43.00
$57.00
$6.00
Mobile Homes
Service or Feeder Only..
Service and Feeder..
$W,OO.
~
$57.00
$93,00
Mobile HometRV Park
1st Service or Feeder ...............
Each Additional Service or Feeder..
$W,OO.
$J2.,OO-
$57.00
$37.00
Commercia111ndustrial
0,100 amps, 1st Service or Feeder...... ..
Each Additional Service or Feeder..
101-200 amps, 1st Service or Feeder....................
Each Additional Service or Feeder...
201-400 amps, 1s1 Service or Feeder..... ..........,
Each Additional Service or Feeder..
401-600 amps, 1st Service or Feeder......... ...
Each Additional Service or Feeder..
601-800 amps, 1st Service or Feeder...................
Each Additional Service or Feeder.......
801-1000 amps, 1st Service or Feeder.... .......
Each Additional Service or Feeder...
Over 1000 amps, 1st Service or Feeder...... ..
Eacl1 Additional Service or Feeder........
Over 600 volts surcharge..
Mast or meter repail..
~
$W,OO.
~
~
~
$+&,00-
~
$é3,W-
~
WQM;.
$ð4&OO-
~
$J+9,OO.
~
~
$é3,W-
$93.00
$57.00
$115.50
$72.50
$216.50
$85.50
$252.50
$101.00
$326.50
$138.00
$399.00
$166.50
$434.50
$232.00
$72.50
$78.50
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
Commercial/Industrial, A11ered Service/Feeders
0-200 amps, each Service or Feeder..
Over 1000 amps, each Service or Feeder..
~ $93.00
~ $216.50
~ $326.50
~ $363,00
~ $72.50
~ $6.00
~ $50.00
$W,OO- $57.00
~ $72.50
$+ð,OO. $85.50
~ $115.50
~ $125.00
w,w. $43.00
~ $13.00
~ $50.00
~ $13.00
w,w. $43.00
~ $20.00
$+ð,OO. $85,50
$W,OO- $57.00
~ $72.50
$+ð,OO. $85.50
201-600 amps, each Service or Feeder..
601-1000 amps, each Service or Feeder..
Circuits,1-5Circuits........ ..
Each Additional..
Temporary Service
a. Residentiai/Muiti-Fami1y/Commercia1/1ndustriai.........
b, Commercial/Industrial Service or Feeder ampacity
0-100 amps.....
101-200 amps..
201-400 amps..
401-600 amps..,
over 600 amps..
Miscellaneous Equipment- Commercial/lndustrialtResidential
a. Thermostats, Firs!...,........................ ...
Each additionai inspected at the same time..
b. Low voltage fire or burglar alarms, or voice or date cabling
First 2500 sq II.........,......
Each additional 2500 sqll..
c. Signs and outlet lighting
First Sign........... ........................ ... ......................
Each additional inspected at the same time at the same..
building or structure
d. Swimming Pools, Hot Tub, Spa..
e. Yard Pole meter loops...
f. Plan Review for service greater than 200 amp at 35% of
regular Permit Fee plus a plan submission fee of
g. Additional plan review/Inspection, per hour ...
2002 2002 2003 2003
TYPE OF FEE Base Fee Base Fee
"~"""'I¡.¡II"""""¡."'II"'I:~I'I.:IlII.'II""I('!O1
Based on Total Valualion as follows:
$1 to $500......
For each additional $100 or fraction 1hereof up to and
including $2,000:.
~ $30.00
~ $ð,W. $30, Plus $4.00
~ ~ $90, Plus $18.00
~ ~ $504, Plus $13.00
~ $&00. $829, Plus $9.00
~ $ê,OO. $1279, Plus $7,00
~ ~ $4079, Plus $6.00
~ $<hOO. $7079, Plus $4.50
For each additional $1,000 or fraction thereof up to and
including $25,000:.
For each additional $1,000 or fraction thereof up to and
including $50,000..
For each additional $1,000 or fraction thereof up to and
including $100,000..
For each additional $1,000 or fraction thereof up to and
including $500,000..
For each additional $1,000 or fraction thereof up to and
including $1,000,000..
For each additional $1,000 or fraction thereof over
$1,000,000...........
Other Inspections and Fees, Per Hour (1):
1. Inspections outside of normal business hours (min, 2 hours)..
2. Reinspection fees assessed under UBC Section 108.8...................,
3. Inspections for which no fee is specifically indicated (min. 1/2 hour)..
4. Additional plan review required by changes, additions or revisions to plans..
5. For use of outside consultants for plan checking and inspections, or both..
~
~
~
~
........ Actual Costs (2)
$60.00
$60.00
$60.00
$60.00
Actual Costs (2)
(1) Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages, and fringe benefits of the employees involved.
(2) Actual costs include City administrative and overhead costs.
"~""II'I¡.".' "¡I.'_h""""'.I'llllltf"'III¡
School Impact Fee:
Single-Family Residences, per dwelling unit..
Multi-Family Residences, per dwelling unit..
~
$8Qê,OO.
$3,894.00
$1,094.00
"~""'1O1¡."" ""."'1"_"'1:'.["""'."'.
Case Report, 1st 10 pages................,
Traffic Accident Report, 1st 10 pages '.......
Reports exceeding ten (10) pages, per page.........
Photograph Duplication (digital or film), per photo..
Videotapes, per tape......,
File to disc, per disk..
Fingerprint Card....
$&,00-
$&,00-
$0.15
NA
NA
NA
$&,00-
$10,00
$10.00
$0.15
$1.00
$25.00
. $5,00
.$101st2/$3each
additioanl
$10.00
$60,00
$32.00
$5.00
$10.00
$10.00
$100,00
Photo 1D Card..........................
Concealed Pistol License - New........,
Concealed Pistol License - RenewaL....
Lamination........
Late Fee (if applicable)...... ...............
Concealed Pistol License - Reissuance..........,..,
Traffic School (including Police and Court costs)..
$&,00-
$60.00
$32.00
NA
$10.00
$10.00
m,oo..
.Victim of a crime receives one copy of the case report at no cost: driver and registered owner of vehicle involved in traffic accident
receives one copy of the collision report at no cost.
MEETING DATE:
November 19,2002
ITEM# .~ (t)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
"SHOP, STAY & PLAY IN FEDERAL WAY" HOLIDAY MARKETING CAMPAIGN
CATEGORY:
BUDGET IMPACT:
X CONSENT
RESOLUTION
0 CITY COUNCIL BUSINESS
ORDINANCE
PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$4,000.00
ATTACHMENTS:
Memo to FinanceÆconomic DevelopmentlRegional Affairs Committee, dated 10/23/02,
including draft Contract with Federal Way Chamber of Commerce
SUMMARYIBACKGROUND:
OÌ1ÖCiober .ïi,2Ö02theSeiiTiiëMiiiiillid CIiäïïi\JÚi>resented iotIieLodglÍ1g.TaxAdvÙoí-yCommlttee.a:
marketing strategy, which is aimed at bringing people to do their holiday shopping in Downtown Federal Way.
The Lodging Tax Advisory Committee was asked to contribute funds for this promotion. The initial request to
LTAC was for up to $15,000.00. LTAC members voiced concerns over this amount when the time line and
scope of promotion was considered.
The promotion is called "Shop, Play & Stay in Federal Way". The concept is to have patrons shop at
participating merchants. The patrons who have spent $500.00 at the participating merchants, during the
promotion period can redeem their receipts for a gift package. The target dates for the promotion are November
29, 2002 to December 8, 2002.
The marketing strategy consists of print, radio and television distribution. In conjunction there will be window
decals for participating merchant windows and newspaper ads. If funding is sufficient, there will be a shuttle
service provided.
The estimated cost for the promotion is $31,000.00. Foundation House has agreed to donate use of its vans for
the proposed shuttle service. Sea Tac Mall is committing $16,000.00 to the promotion.
L T AC recommended a contribution of $4,000.00 to be disbursed through the Federal Way Chamber of
Commerce for marketing components that would be oriented to attracting shoppers/visitors from beyond
Federal Way.
CITY COUNCIL COMMITTEE RECOMMENDATION:
At its 10/29/02 meeting, the FinanceÆconomic DevelopmentlRegional Affairs Committee recommended to City
Council approval of the $4,000.00 contribution as leverage to gain more funds. In addition, the Committee
recommended that the City of Federal Way LTAC be named as one of the sponsors in the public relations ofthe
promotion.
PROPOSED MOTION: "I move to approve the contribution of $4000.00 in lodging tax funds for the "Shop,
Play & Stay in Federal Way" holiday marketing campaign, to be disbursed by the Federal Way Chamber of
Commerce, pursuant to a contract to be executed between the City Manager and the Federal Way Chamber of
Commerce. In addition, the City of Federal Way Lodging Tax Advisory Committee shall be named as one of
the sponsors in promotional materials related to the campaign."
~'~;~~~~~~~;~~~~~:---~---'--
(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
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
October 23,2002
Finance, Econo ic evelopment and Regional Affairs Committee
David H. y anager
Patrick Do puty Director, Community Development Services
Lodging Tax Ad sory Committee recommendation on "Shop, Play & Stay in
Federal Way" Holiday Promotion
BACKGROUND
On October II, 2002 the SeaTac Mall and Chamber presented to the Lodging Tax
Advisory Committee a marketing strategy, which is aimed at bringing people to do their
holiday shopping and stay in Downtown Federal Way. The Lodging Tax Advisory
Committee was asked to contribute funds for this promotion. The initial request to
LTAC was for up to $15.000.00. LTAC members voiced concerns over this amount
when the time line and scope of promotion was considered.
The promotion is called "Shop, Play & Stay in Federal Way". The concept is to have
patrons shop at participating merchants, eat in restaurants and stay in Federal Way. The
patrons who have spent $500.00 at the participating merchants, during the promotion
period can redeem their receipts for a gift package. The target dates for the promotion
are November 29,2002 to December 8, 2002.
The marketing strategy consists of print, radio and television distribution. In conjunction
there will be window decals for participating merchant windows and newspaper ads. If
funding is sufficient, there will be a shuttle service provided.
The estimated cost for the promotion is $31,000.00 plus the cost of the shuttle service.
Sea Tac Mall is committing $16,000.00 to the promotion.
After a question-and-answer session with the promoters and City of Federal Way staff,
the Lodging Tax Advisory Committee found that the LTAC could be involved with
certain elements of the promotion and stay within limits of the lodging tax legal
provisions. The City Attorney stated that the key would have to be to promote tourism.
Contract
A draft contract between the City of Federal Way and the Federal Way Chamber of
Commerce has been attached for Committee review. This contract would authorize the
Chamber to disburse up to $4000.00 in lodging tax revenue for services rendered in
-:¡::j...-
association with the "Shop, Play & Stay" promotion. The Scope of Services spells out
the requirements for the use of these funds.
Recommendation
In summary, L T AC recommends that FEDRAC adopt the following motion:
"I move to recommend to City Council approval of a commitment of $4,000.00 to the
"Shop, Play & Stay" promotion to be used to fund the promotion and to use as leverage
in gaining more funds. In addition, the City of Federal Way LTAC shall be named as
one of the sponsors in the public relations of the promotion."
COMMITTEE ACTION
~ .,~ ~
om ittee Member
Committee Member
Èic.l c. h I r çrJ
P(JJOJrir.Æ, l/.~
'f'2..
DRAFT
11/ J '2-16 V'
PROFESSIONAL SERVICES AGREEMENT
FOR
HOLIDAY MARKETING CAMPAIGN
This Professional Services Agreement ("Agreement") is dated effective this - day of
,2002. The parties ("Parties") to this Agreement are the City of Federal Way, a
Washington municipal corporation ("City"), and the Federal Way Chamber of Commerce, a
Washington corporation ("Contractor").
A. The City seeks the temporary professional services of a skilled independent contractor
capable of working without direct supervision, in the capacity of promoting tourism within the City
of Federal Way during the "Shop, Play & Stay in Federal Way" holiday marketing campaign; and
B.
services.
The Contractor has the requisite skill and experience necessary to provide such
NOW, THEREFORE, the Parties agree as follows:
1.
Services.
Contractor or designees shall provide the services for promoting tourism more specifically described
in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner
consistent with the accepted practices for other similar services, performed to the City's satisfaction,
within the time period prescribed by the City and pursuant to the direction of the City Manager or his
or her designee.
2.
Term.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion of the Services, but in any event no later than December 31, 2002
("Term").
3.
Termination.
Prior to the expiration of the Term, this Agreement may be terminated immediately, with or
without cause by the City.
4.
Compensation.
4.1 Total Compensation. In consideration of the Contractor or designees
performing the Services for promoting tourism, the City agrees to pay the Contractor an
amount not to exceed Four Thousand and noli 00 Dollars ($4,000).
- 1 -
r3
4.2 Method of Payment. Payment by the City for the Services promoting tourism
will only be made after the Services have been performed, a voucher or invoice is submitted
in the form specified by the City, and the same is approved by the appropriate City
representative. Said voucher or invoice must indicate that the Services performed were
within the guidelines set forth in Exhibit "A".
4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible
for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
5.
Compliance with Laws.
Contractor shall comply with and perform the Services in accordance with all applicable
federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions,
standards and policies, as now existing or hereafter adopted or amended.
6.
Warranty.
The Contractor warrants that it has the requisite training, skill and experience necessary to
provide the Services and is appropriately accredited and licensed by all applicable agencies and
governmental entities, including but not limited to being registered to do business in the City of
Federal Way by obtaining a City of Federal Way business registration.
7.
Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the Contractor shall be an independent
contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave,
vacation payor any other benefit of employment, nor to pay any social security or other tax which
may arise as an incident of employment. The Contractor shall pay all income and other taxes due.
Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether
such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert
this Agreement to an employment contract. It is recognized that Contractor mayor will be
performing professional services during the Term for other parties; provided, however, that such
performance of other services shall not conflict with or interfere with Contractor's ability to perform
the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City.
8.
Indemnification.
8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and
hold the City, its elected officials, officers, employees, agents, and volunteers hannless trom
any and all claims, demands, losses, actions and liabilities (including costs and all attorney
fees) to or by any and all persons or entities, including, without limitation, their respective
agents, licensees, or representatives, arising trom, resulting trom, or connected with this
- 2 -
P-I
Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor,
its partners, shareholders, agents, employees, or by the Contractor's breach of this
Agreement. Contractor waives any immunity that may be granted to it under the Washington
State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be
limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or
any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend and hold the
Contractor, its officers, directors, shareholders, partners, employees, and agents harmless
from any and all claims, demands, losses, actions and liabilities (including costs and attorney
fees) to or by any and all persons or entities, including without limitation, their respective
agents, licensees, or representatives, arising from, resulting trom or connected with this
Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City,
its employees or agents.
8.3 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
9.
Equal Opportunity Employer.
In all Contractor services, programs or activities, and all Contractor hiring and employment
made possible by or resulting trom this Agreement, there shall be no discrimination by Contractor or
by Contractor's employees, agents, subcontractors or representatives against any person because of
sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital
status or the presence of any disability, including sensory, mental or physical handicaps, unless
based upon a bona fide occupational qualification in relationship to hiring and employment. This
requirement shall apply, but not be limited to the following: employment, advertising, layoff or
termination, rates of payor other forms of compensation, and selection for training, including
apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the
Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act
of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination.
Any material violation of this provision shall be grounds for termination of this Agreement by the
City and, in the case of the Contractor's breach, may result in ineligibility for further City
agreements.
10.
Confidentiality.
All information regarding the City obtained by Contractor in performance of this Agreement
shall be considered confidential. Breach of confidentiality by Contractor will be grounds for
immediate termination.
- 3 -
f5
II.
Insurance.
The Contractor agrees to carry as a minimum, the following insurance, in such forms and
with such carriers who have a rating that is satisfactory to the City:
ILl Workers' compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
11.2 Commercial general liability insurance with combined single limits of
liability not less than $2,000,000 for bodily injury, including personal injury or death,
products liability and property damage.
11.3 Automobile liability insurance with combined single limits ofliability not less
than $2,000,000 for bodily injury, including personal injury or death and property damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverage( s). Contractor shall provide certificates of insurance,
concurrent with the execution of this Agreement, evidencing such coverage and, at City's request,
furnish the City with copies of all insurance policies and with evidence of payment of premiums or
fees of such policies. All insurance policies shall contain a clause of endorsement providing that
they may not be terminated or materially amended during the Term of this Agreement, except after
thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made"
or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of
three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain
such insurance policies shall be grounds for the City's immediate termination of this Agreement.
The provisions of this Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
12.
Work Product.
All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or
modified by Contractor while performing the Services shall belong to the City. At the termination or
cancellation of this Agreement, all originals and copies of any such work product remaining in the
possession of Contractor shall be delivered to the City.
- 4 -
"f'"
13.
Books and Records.
The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of the Services and maintain
such accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this Agreement.
14.
General Provisions.
14.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
14.2 Modification. No provision of this Agreement, including this provision, may
be amended or modified except by written agreement signed by the Parties.
14.3 Full Force and Effect. Any provision of this Agreement that is declared
invalid or illegal shall in no way affect or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
14.4 Assignment. Neither the Contractor nor the City shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
14.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
14.6 Attorney Fees. In the event either of the Parties defaults on the performance
of any terms of this Agreement or either Party places the enforcement of this Agreement in
the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees,
costs and expenses. The venue for any dispute related to this Agreement shall be King
County, Washington.
14.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to
declare one breach or default does not act as a waiver of the City's right to declare another
breach or default.
14.8 Governing Law. This Agreement shall be made in and shall be governed by
and interpreted in accordance with the laws of the State of Washington.
- 5 -
F1
14.9 Authority. Each individual executing this Agreement on behalf of the City
and Contractor represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Contractor or the City.
14.10 Notices. Any notices required to be given by the Parties shall be delivered at
the addresses set forth below. Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received three
(3) days after the date of mailing.
14.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise
affect any of the provisions of this Agreement.
14.12 Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Contractor's performance of this Agreement.
14.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
14.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
14.15 Compliance with Ethics Code. Ifa violation of the City's Ethics Resolution
No. 91-54, as amended, occurs as a result of the formation and/or performance of this
Agreement, this Agreement may be rendered null and void, at the City's option.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
33530 1st Way South
P.O. Box 9718
Federal Way, WA 98063-9718
- 6 -
'Fb
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
FEDERAL WAY CHAMBER OF COMMERCE
By:
Robert Couper
Its:
Chainnan of the Board of Directors
Federal Way Chamber of Commerce
(Address)
(Phone)
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she
- 7 -
r-1
was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
GIVEN my hand and official seal this - day of
,200_.
K:\PSA \L T AC Grant
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
- 8 -
F1O
SCOPE OF SERVICES
"Shop, Play & Stay in Federal Way" holiday shopping marketing campaign to
promote tourism.
I. The Federal Way Chamber of Commerce ("the Chamber") is authorized to
disburse up to $4000.00 of City of Federal Way lodging tax revenue funds to help defray
the costs associated with the following elements of the "Shop, Play & Stay in Federal
Way" holiday shopping marketing campaign to promote tourism, pursuant to the
limitations stated below:
a.
b.
Full-color, single-sheet newspaper inserts
Radio spots
Free shopper shuttle service
c.
2. Limitations. The Chamber is authorized to disburse lodging tax revenue funds to
help defray the costs associated with the above-mentioned marketing campaign elements,
thereof, only to the extent that said elements or component(s) meet each of the following
requirements:
a.
Campaign elements or components must promote Federal Way destinations to
visitors from outside Federal Way;
Campaign elements or components may promote only Federal Way or
Downtown Federal Way as destinations, not specific businesses or
establishments;
b.
FII
MEETING DATE:
November 19,2002
ITEM# ::JT' ~ )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Site Lease Agreement: VoiceStream at BP A Towerrrwin Lakes
CATEGORY:
BUDGET IMPACT:
X CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Site Lease Agreement; Memorandum dated October 29,2002 to the Finance, Economic
Development and Regional Affairs Committee
~~...~..............."'M~ .. ........~~~.~.......,.~, "~_.~.~...'..."'U"~.~.~.....""UU~_.~.'....'.'.'-'-~~~M..... ~., M~~~.......'..'."-'u_~.~..~..... ~,~~
SUMMARYfBACKGROUND: VoiceStream PCS III Corporation (T-Mobile) operates equipment, including
antennas, cables and other related equipment for use in connection with its wireless telephone communication
service, located on the BPA Trail on property acquired by the City during acquisition of the BPA Trail property.
The site lease agreement for Council's approval is in the same form as the April 2000 Lease for T-Mobile's
facility located at Lakota Park
This Lease shall be five (5) years and may be renewed for three (3) additional five (5) year terms upon giving
written notice to the City. The City may refuse to renew in the event of breach of the Lease during the
preceding term or if the fair market rental, as determined by an independent appraiser jointly selected and paid
for by the City and Tenant, is 20% more than what would otherwise be due by the Tenant under the Lease.
The Tenant shall pay $975 rent per month. Rent shall increase by 4% per year throughout the Term of the
Lease and renewal terms if any. The Tenant shall, at its expense, separately meter charges for the consumption
of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated
therewith.
The Tenant shall maintain in full force and effect Comprehensive commercial general liability insurance with
minimum limits of $2,000,000 per occurrence and $5,000,000 in annual aggregate and Comprehensive
automobile liability insurance with combined single minimum limits of $2,000,000 per occurrence and
$5,000,000 in annual aggregate.
cÏTY' COUNÒicÒMMITTEÈRÈCOMMENDAiioN: FinancelEèonöIrlicDevelopmentlRegional Affairs
Committee recommended approval of the Site Lease Agreement.
PROPOSED MOTION: "I move approval ofthe Site Lease Agreement with Voice Stream PCS III Corporation."
CITY MANAGER APPROVAL:
...~.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED ,
0 TABLEDIDEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
K:\AgnditemIVolceStream Twin Lakes-BPA Lease
CITY OF FEDERAL WAY
MEMORANDUM
Date:
October 29,2002
To:
Finance, Economic Development and Regional Affairs Committee
David H. ~ger
Via:
From:
Patricia A. Richardson, City Attorney
~~
Subject:
Site Lease Agreement: VoiceStream Wireless at BPA Tower/Twin Lakes
BACKGROUND:
VoiceStream PCS ill Corporation (VoiceStream) operates equipment, including antennas, cables
and other related equipment for use in connection with its wireless telephone communication
service, located on the BP A Trail on property acquired by the City during acquisition of the BP A
Trail property. The City contacted VoiceStream in April 2001 to infonn the company ofthe need
for a site lease agreement with the City for use of the property. After protracted negotiation, the
following proposal was reached.
The proposed site lease agreement prepared for Council's approval is in the same fonn as the
April 2000 Lease for VoiceStream's facility located at Lakota Park.
Tenn: This Lease shall be five (5) years and may be renewed for three (3) additional five (5)
year tenns upon giving written notice to the City. The City may refuse to renew in the event of
breach of the Lease during the preceding tenn or if the fair market rental, as detennined by an
independent appraiser jointly selected and paid for by the City and Tenant, is 20% more than
what would otherwise be due by the Tenant under the Lease.
Rent: VoiceStream shall pay $975 rent per month. Rent shall increase by 4% per year
throughout the T enn of the Lease and renewal tenns if any.
Utilities: VoiceStream shall, at its expense, separately meter charges for the consumption of
electricity and other utilities associated with its use of the Premises and shall timely pay all costs
associated therewith.
Insurance: VoiceStream shall maintain in full force and effect Comprehensive commercial
general liability insurance with minimum limits of $2,000,000 per occurrence and $5,000,000 in
annual aggregate and Comprehensive automobile liability insurance with combined single
minimum limits of $2,000,000 per occurrence and $5,000,000 in annual aggregate.
K,ICounmemo\VoiceStream Twin Lakes,BPA Lease
YJ-
STAFF RECOMMENDATION:
Staff recommends Finance/Economic Development/Regional Affairs Committee approve the
Site Lease Agreement and forward it to full Council for consideration at the November 5, 2002
Council meeting.
APPROVAL BY
E:
~/L
X¡/~
Committee Member
Co
'ttee Chair
K:\CounmemolVoiceSt",am Twin Lakes-BPA Lease
-Vz
SITE LEASE AGREEMENT
DRAFT
11//2/62-
THIS LEASE is entered into this - day of 2002, by and between the CITY
OF FEDERAL WAY, WASHINGTON, a municipal corporation (hereinafter "City"') and
VOICESTREAM PCS III CORPORATION, a De]aware corporation, with its principal office
located at 3650 - ]31 st Ave. S.E., Bellevue, WA 98006 (hereinafter "Tenant"').
City is the owner in fee simple of a parcel of land located in the City legally described on
the attached Exhibit A (the "Premises"'). Tenant desires to lease space on and air-space above
the Premises as described below for the installation and operation of certain equipment which
include requisite antennas, connecting cables and one (1) equipment cabinet to be used by
Tenant and appurtenances (collectively, "Equipment"') for use in connection with its operation of
telephony wireless communications service more specifically identified as personal
communications service ("PCS"').
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-
exclusive basis, a portion of the Premises as legally described in attached Exhibit A together with
necessary space and rights for access and utilities, all as described and depicted in attached
Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as
may be approved in writing by the City, which approval may be withheld pursuant only to lawful
authority in the City's sole and absolute discretion and nothing shall constitute a waiver of
Tenant's rights under applicable law.
2. Tenn. This Lease shall be five (5) years and shall commence on the date of
execution by the City (the "Commencement Date"') and shall end at 12:00 a.m. (midnight) on the
fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3)
additional five (5) year tenns ("Renewal Tenns"') upon giving written notice to the City no more
than six (6) months before and no later than three (3) months before the end of the current five
(5) year tenn. The City may refuse to renew (i) in the event of breach of the Lease during the
preceding tenn, or (ii) if the fair market rental, as detennined by an independent appraiser jointly
selected and paid for by the City and Tenant, is 20% more than what would otherwise be due by
the Tenant hereunder; provided that the City gives 60 days notice to Tenant and MAl real estate
appraisal methods are followed. Any such refusal shall be in writing and shall be sent to Tenant
at least sixty (60) days prior to expiration of the then current five (5) year tenn. In addition, the
City may refuse to renew this Lease if relocation is required pursuant to Paragraph 26 herein, and
a suitable alternative location for the Premises cannot be agreed upon.
-]-
1/.3
3.
Rent.
a. During the first five (5) year tenn Tenant shall pay to the City rental fees
in the amount of $975.00 per month ("Rent"), due on the 5th day of each month (in addition to
the deposit of $975.00 trom Tenant to City to ensure perfonnance but not as a limitation of
Tenant's liability herein). The deposit shall be held by the City without liability for interest.
Tenant specifically waives any right to bring an action that the rent obligation herein is contrary
to the provisions of any local, state or federal law, provided that if the rent obligation is
detennined to be contrary to local, state or federal law through legal actions brought by others
then Tenant shall have the right as Tenant's sole remedy to immediately terminate this Lease
without penalty or other liability at its sole discretion. If this Lease is tenninated at any time
other than on the last day of the month, rent shall be prorated as ofthe date oftennination and, in
the event of termination for any reason other than nonpayment of rent, all prepaid rents shall be
refunded to Tenant, less any expenses or damage incurred by the City as a result of the
tennination. Tenant shall pay the City a late payment charge equal to five percent (5%) of the
amount due for any payment not paid when due. Any amounts not paid when due shall bear
interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate
pennitted by law.
b. The Rent shall be increased by four percent (4%) per year throughout the
Tenn of this Lease and Renewal Tenns (if any).
c. Within thirty (30) days of the Commencement Date, and following receipt
of an invoice trom the City, Tenant shall reimburse the City for all of the City's costs and
expenses to negotiate and execute this Lease, including attorneys' and consultants' fees and the
time expended by the City staff and City Attorney's office. The amount to be reimbursed shall
not exceed Five Thousand Dollars ($5,000).
4.
Pennitted Use of Premises.
a, Tenant shall use that portion of the Premises leased herein for the
installation, operation and maintenance of its Equipment to provide PCS and no other service.
The Equipment and Premises may not be used for cable, data, Internet or other
telecommunications services.
b. Tenant shall, at its expense, comply with all applicable federal, state and
local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning,
aesthetics, landscaping, fencing, pennits, removal and abandonment, screening, health, radio
trequency emissions, other radiation and safety) in connection with the provision of PCS service
and the use, operation, maintenance, construction and/or installation of Equipment and/or the
Premises provided, however, that Tenant shall not be required to comply where its rights have
previously vested by operation of law. Tenant shall obtain all required governmental approvals,
authorizations, licenses and pennits at Tenant's expense. City agrees to reasonably cooperate
with Tenant in obtaining, at Tenant's expense including reimbursements of City's reasonable
attorney, administrative and other related fees, any licenses and pennits required by Tenant's use
of the Premises.
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c. Tenant shall remove the Equipment from the Premises upon tennination of
the Lease. Upon removal of the Equipment, Tenant shall restore the affected area of the
Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and
restoration to be perfonned by Tenant shall be borne by Tenant. If, however, Tenant requests
pennission not to remove all or a portion of the improvements and City consents to such
nonremoval, title to the affected improvements shall thereupon transfer to City and the same
thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to
otherwise remove same.
d. The City reserves the right to regulate, use, occupy and enjoy the Premises
such purposes as it shall desire including, but not limited to, municipal park purposes subject to
the provisions of this Lease. Pursuant to Paragraph 26 below, the City may require Tenant to
remove, repair, relocate, change, or reconstruct the Equipment pursuant to the City's
instructions.
5. Restoration. In the event that Tenant causes damage of any kind to the Premises
during the course of installing, operating or maintaining the Equipment, including damage to any
right-of-way caused by cutting, boring, jack hammering, excavation or other work, and including
latent damage not immediately apparent at the time of the work, Tenant shall repair the damage
and/or restore the Premises and/or right-of-way at its sole cost and expense, without delay or
interruption and within the reasonable time period prescribed by the City. Restoration of the
Premises or right-of-way shall be to a condition which is equivalent to or better than the
condition ofthe right-of-way prior to commencing the installation, operation or maintenance of
the Equipment and to a condition reasonably satisfactory to the City. Restoration of the
right-of-way surface shall either include six inches (6") of crushed surfacing top course and three
inches (3 ") of asphalt, class "B", or be replaced to the original condition, at the City's sole
discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or
damaged, the entire square or slab shall be removed and replaced. All materials and compacting
shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal
Construction," as amended.
6. Improvements. Tenant may update or replace the equipment from time to time
provided that the replacement facilities are not greater in number or size or different in type,
color or shape or height than the existing facilities and that any change in their location on the
Premises is approved in writing by City which approval shall not be unreasonably withheld and
which shall be pursuant to lawful authority. Subject to the foregoing, Tenant may change the
Equipment configuration specified in attached Exhibit B or add facilities with the prior written
approval of City. Tenant shall submit to City a written request for any such change or addition
and any supplemental materials as may be requested, for City's evaluation and approval. City
shall have thirty (30) days after receipt of all requested materials in which to respond to such
request and unless City so notifies Tenant to the contrary such approval shall be deemed granted.
No lights or signs may be installed on the premises or as part of the Equipment.
-3-
])5"
7. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-
a-day, 7 days-a-week. City retains and reserves the right to access the Premises at all times,
8. Utilities. Tenant shall have the right to install needed utilities and, at its expense,
separately meter charges for the consumption of electricity and other utilities associated with its
use of the Premises and shall timely pay all costs associated therewith.
9. Maintenance. Tenant shall, at its own expense, maintain the Premises and
Equipment on or attached to the Premises in a safe condition and in good repair. Additionally,
Tenant shall keep the Premises free of debris caused by Tenant and anything of a dangerous,
noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any
interference with City services caused by Tenant. Tenant shall have sole responsibility for the
maintenance, repair and security of its Equipment and leasehold improvements and shall keep
the same in good repair and condition during the Lease term. Upon termination of this Lease,
Tenant shall return the Premises to the same condition as prior to this lease, normal wear and tear
excepted.
10. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining
all certificates, permits, zoning and other approvals that may be required by any federal, state or
local authority or from any other necessary person or entity. Tenant shall erect, maintain and
operate its Equipment in accordance with applicable site standards, statues, ordinances, rules and
regulations issued by the Federal Communications Commission, the City, federal or state
government or any other governing bodies; provided, however, that Tenant shall not be required
to comply where its rights have previously vested by operation of law. Tenant specifically
waives any right to bring an action that any aspect of this Lease is contrary to any local, state or
federal law (including by way of illustration and not limitation the Telecommunications Act of
1996), provided that if the Lease is determined to be contrary to local, state or federal law
through legal actions brought by others then Tenant shall have the right, as Tenant's sole
remedy, to immediately terminate this Lease without penalty or other liability at its sole
discretion). In addition, Tenant specifically acknowledges that all of the Premises are City
property and subject to City's regulatory authority. Nothing herein shall be deemed to limit,
impair or affect City's authority to permit, franchise or otherwise approve usage of rights-of-way
pursuant to its regulatory authority.
II. Interference. Tenant shall not use the Premises in any way which unreasonably
interferes with the use of the Premises by City, or lessees, tenants or licensees of City, with rights
to the Premises prior in time to Tenant's. City shall have the right to permit co-location of other
telecommunications facilities on the Premises, to franchise or to permit usage of rights of way,
provided such co-location, franchising or permitting does not otherwise violate any applicable
law or unreasonably interfere with Tenant's transmission and signals use in connection with its
operation of telephony wireless communication service more specifically identified as personal
communications service ("PCS").
In the event that any other tenant's activities interfere with Tenant's use of the Facilities,
and Tenant cannot work this interference out with the other tenants, Tenant may, upon 30 days
notice to City, terminate this Lease and restore the leased premises to its original condition,
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reasonable wear and tear accepted. In such event, Tenant shall be entitled to a pro rata refund of
all pre-paid rent. Tenant shall cooperate with all other users to identify the causes of and work
towards the resolution of any electronic interference problem. In addition. Tenant agrees to
eliminate any radio or television interference caused to City facilities or surrounding residences
by Tenant's facilities at Tenant's own expense and without imposition of extra filters on City
equipment. Tenant further agrees to accept such interference as may be received from City
operated equipment.
12.
Tennination.
a. Except as otherwise provided herein, this Lease may be tenninated, without
penalty to City or further liability of City, as follows:
i. Upon thirty (30) days written notice by either party for failure to cure a
default or breach. including non-payment of amounts due under this Lease, within that thirty (30)
day period; or such longer period as may be required to diligently complete a cure commenced
within the thirty (30) day period;
ii. Upon ninety (90) days written notice by Company that the Premises are
or become unusable under Company's design or engineering specifications for its Equipment or
the communications system to which the Equipment belongs, or for any other reason as
detennined by Company in its reasonable discretion~
iii. Upon thirty (30) days written notice by City (i) ifTenant
pennanently abandons the Premises or its Equipment; provided, however, that Tenant's tennination
of operation of its Equipment, or removal of Equipment ITom the Property, shall not constitute
abandonment so long as Tenant is current on rent, Tenant notifies City in writing within the 30-day
notice period that Tenant does not intend to abandon the Premises or its Equipment, and Tenant
reinstalls and resumes operation of its Equipment within 90 days after the 30-day notice period.; or
(ii) if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not
vacated within one hundred twenty (120) days;
iv Upon ninety (90) days written notice by City, for reasons involving
public health, safety, or welfare. In addition, if the public's health, safety or welfare is endangered
by the operations of Tenant's Equipment and Tenant fails to discontinue its operations as soon as is
reasonably possible after receipt of notice thereof, and thereafter Tenant is unable to cure the
conditions causing the endangennent within thirty (30) days after receipt of such notice, City may
immediately tenninate this Lease.
v. Immediately, in the event of an emergency, as detennined by the
City in its reasonable discretion. In the event of an emergency arising ITom Tenant's Equipment or
operation thereof, or Tenant's use of the Premises, the City may tenninate only if Tenant fails to
cure the situation giving rise to the emergency arising fÌ"om Tenant's Equipment or Tenant's use of
the Premises as soon as is reasonably possible, as detennined by the City in its reasonable
discretion, after Tenant's receipt of notice thereof.
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vi. Upon thirty (30) days written notice by Tenant if it does not obtain
or maintain, through no fault of Tenant and using reasonable efforts to maintain, any license,
pennit or other approval necessary for the construction and operation of its Equipment on the
Premises; or if it is unable to occupy and utilize the Premises due to an action of the FCC,
including, without limitation, a take back of channels or change in ITequencies.
b. In the event of any tennination under this Section, Tenant shall pay City
all monies due, including reasonable attorney and collection fees and any other damages incurred
by City as a result of such tennination, but excluding indirect consequential damages. In
addition Company shall, at its sole expense, return the Premises to the same condition as prior to
this Lease ( nonnal wear and tear excepted), and shall remove all Equipment.
c. No re-entry and taking of possession of the Premises by City shall be
construed as an election on City's part to tenninate this Lease, regardless of the extent of
renovations and alterations by City, unless a written notice of such intention is given to Company
by City. Notwithstanding any reletting without tennination, City may at any time thereafter elect
to tenninate this Lease for such previous breach.
13.
Indemnitv and Insurance.
a. Disclaimer of Liability. City shall not, at any time, be liable for injury or
damage occurring to any person or property arising out of Tenant's construction, installation,
maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's
Equipment; nor shall Tenant be liable, at any time, for any like injury or damage arising ITom the
City's ownership, acts or omissions related to the Premises; provided, further, that neither City
nor Tenant shall be liable for claims arising ITom the other's sole, proportionate concurrent
negligence, breach of contract or intentional acts or omissions of their officers, boards,
commissions, employees, agents, attorneys and contractors.
Tenant releases and waives any and all claims against the City, its officers, agents,
employees or contractors for damage to or destruction of Tenant's Equipment caused by or
arising out of activities conducted by the City, its officers, agents, employees and contractors, in
the public ways and upon City-owned property subject to this Lease, except to the extent any
such damage or destruction is caused by or arises from the sole negligence, proportionate
concurrent negligence, breach of this Lease or any willful or malicious action on the part of the
City, its officers, agents, employees or contractors. Tenant further agrees to indemnity, hold
hannless and defend the City against any claims for damages, including, but not limited to,
business interruption damages and lost profits, brought by or under users of Tenant's facilities as
the result of any interruption of service due to damage or destruction of Tenant's facilities caused
by or arising out of activities conducted by the City, its officers, agents, employees or
contractors, except to the extent any such damage or destruction is caused by or arises from the
sole negligence, proportionate concurrent negligence, breach of this Lease or any willful or
malicious action on the part of the City, its officers, agents, employees or contractors.
The provisions of this Section shall survive the expiration, revocation, or
tennination of this Lease.
-6-
7)8
b. Indemnification and Hold Hannless. Tenant and City shall, at their sole
cost and expense, indemnify and hold hannless and defend one another and their officers,
boards, commissions, employees, agents, attorneys, successors, assigns and contractors :!fom and
against any and all liability, damages and claims (including, without limitation, reasonable fees
and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of
any act or omission of each, its employees, agents or contractors or which may be in any way
connected with the other's intentional acts, omissions or breaches of contract.
The provisions of this Section shall survive the expiration, revocation, or
tennination of this Lease.
c. Insurance. During the term of this Lease, Tenant shall maintain in full
force and effect and at its sole cost and expense, and naming City, its officers, boards,
commission, employees and agents as additional insureds, the following types and limits of
insurance:
i. Comprehensive commercial general liability insurance with
minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars
($5,000,000) in the annual aggregate.
ii. Comprehensive automobile liability insurance with combined
single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million
Dollars ($5,000,000) in the annual aggregate.
iii.
Worker's compensation insurance and such other insurance as may
be required by law.
d. Evidence of Insurance. Certificates of insurance for each insurance policy
required by this Lease, along with written evidence of payment of required premiums, shall be
filed and maintained with City prior to commencement of the term ofthis Lease and thereafter.
e. Cancellation of policies of Insurance. All insurance policies maintained
pursuant to this Lease shall contain the following or substantially similar endorsement:
"At least thirty (30) days prior written notice shall be given to City by the insurer
of any intention not to renew such policy or to cancel, replace or reduce coverage
regarding the Premises, such notice to be given by registered mail."
f. Deductibles. All insurance policies may be written with commercially
reasonable deductibles.
g. License. All insurance policies shall be with insurers licensed to do
business in the State of Washington and with a rating according to Am Best of A-IV or better,
unless waived by the City.
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h. Defense of City. When under the teans of this Lease Tenant is required to
defend the City against any action or proceeding brought against the City, Tenant shall, at
Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall
not admit liability in any such matter on behalf of the City without the written consent of City.
14. Holding Over. Any holding over after the expiration of the term hereof, with the
consent of the City, shall be construed to be a tenancy from month to month and shall otherwise
be on the terms, covenants and conditions herein specified.
15. Acceptance of Premises. Tenant accepts the Premises in the condition existing as
of the Commencement Date. City makes no representation or warranty with respect to the
condition of the Premises.
16. Notices. All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, to the following addresses:
If to City, to:
With a copy to:
If to Tenant, to:
City Attorney
P.O. Box 9718
33530-lstWaySo.
Federal Way, W A 98063
City Manager
P.O. Box 9718
33530 - I" Way So.
Federal Way, WA 98063
VoiceStream PCS III Corporation
Suite 200
Leasing Administrator
3650 -131" Ave. S.E.
Bellevue, W A 98006
17. Subleasing or AssÜmment. Tenant may not assign this Lease or sublet the
Premises or Equipment, in whole or in part, without the prior written consent of City, which may
not be unreasonably withheld. City may inquire into the qualifications and financial stability of a
potential assignee or sublessee and reasonably request any information related to such inquiry
and may also condition such approval upon the financial and technical expertise of a proposed
assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If
the City has not responded to a request to assign or sublet with a decision within forty-five (45)
days, City approval shall be deemed given. Tenant may, however, upon notice to City and
without City approval, mortgage or grant a security interest in this Lease and the Equipment.
18. Successors and Assigns. Subject to Section 17, this Lease shall be binding upon
and inure to the benefit ofthe parties, and their respective permitted successors and assigns.
-8-
j)/D
19. Non-Waiver. Failure of City to insist on strict performance of any of the
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights, but City shall have the right to enforce such rights at any time and
take such action as might be lawful or authorized, either in law or equity; provided that the City
may not seek enforcement for performance more than six (6) months after the City receives
notice of a failure to perform, The receipt of any sum paid by Tenant to City after a breach of
this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by
the City within 10 days after receipt.
20. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes)
and assessments for the Premises, if any, which become due and payable during the term of this
Lease attributable to the Equipment or Tenant's use of the premises.
21. Lease Subject to Future Ordinances. Tenant acknowledges that the City may
develop rules, regulations, ordinances and specifications for the use of the Public Right-of-Way
and City property which shall govern Tenant's Equipment and activities hereunder as if they
were in effect at the time this Lease was executed by the City, and Tenant covenants and agrees
to be bound by same; provided, however, that Tenant shall not be bound where its rights have
previously vested by operation oflaw.
22.
Authoritv. City represents to Tenant that:
a.
City has authority to execute this Lease;
b. City has title to the Premises tree and clear of any liens or mortgages,
except those matters, liens and/or mortgages which are of record, disclosed and/or otherwise
apparent to Tenant;
c.
There is legal ingress and egress to the Premises from a Public Right-of-
Way; and
d. Execution and performance of this Lease will not violate any laws or
agreements binding on City.
23. Condemnation. In the event the Premises are taken in whole or in part by any
entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in
the condemning authority. Tenant shall not be entitled to any portion of the award paid and the
City shall receive the full amount of such award. Tenant hereby expressly waives any right or
claim to any portion thereof. Tenant shall have the right to claim and recover from the
condemning authority, other than the City, such compensation as may be separately awarded or
recoverable by Tenant.
24. Alteration. Damage or Destruction. If the Premises or any portion thereof is
altered, destroyed or damaged so as to materially hinder effective use of the Equipment through
no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days
written notice to City, as Tenant's sole remedy. In such event, Tenant shall promptly remove the
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1)1'
Equipment from the Premises and shall restore the Premises to the same condition as existed
prior to this Lease, nonnal wear and tear excepted. This Lease (and Tenant's obligation to pay
rent) shall tenninate upon Tenant's fulfillment of the obligations set forth in the preceding
sentence and its other obligations hereunder, at which tennination Tenant shall be entitled to the
reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any
damage to any portion of the Premises.
25. Dangerous Conditions: Authority for City to Abate. Whenever construction,
installation, or excavation of telecommunications facilities authorized by this Lease has caused
or contributed to a condition that appears to substantially impair the lateral support of the
adjoining public way, street or public place, or endangers the public, street utilities, or City-
owned property, the Public Work Director may direct Tenant, at Tenant's own expense, to take
reasonable action to protect the public, adjacent public places, City-owned property, streets,
utilities, and public ways. Such action may include compliance with a prescribed time.
In the event that Tenant fails or refuses to promptly take the actions directed by the City,
or fails to fully comply with such directions, or if emergency conditions exist which require
immediate action, the City may enter upon the Leased Premises and take such actions as are
reasonably necessary to protect the public, the adjacent streets, public ways, and utilities, to
maintain the lateral support thereof, or actions regarded as necessary safety precautions; and
Tenant shall be liable to the City for the costs thereof. The provisions of this Section shall
survive the expiration, revocation, or tennination by other means of this Lease.
26. Relocation of Facilities. In the event City desires to redevelop, modifY, remodel
or in any way alter the Property and/or any improvements located thereon ("Redevelopment"),
City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the
Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's
Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location
for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's
sole cost, expense and risk; provided, however, that City has provided Tenant with no less than
ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant
and City cannot agree on an alternate location for Tenant's Equipment on the Property using best
efforts, either party may tenninate this Lease, the effective tennination date being ninety (90)
days after Tenant's receipt of City's notice of the proposed Redevelopment. Ifthe parties agree
on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their
best efforts to amend this Lease to document the new, alternate Equipment location, and from
and after the date Tenant begins installation of its Equipment at such new location, such new
location shall be deemed the Premises (or part thereof, as applicable) herein.
27.
Miscellaneous
a. City and Tenant respectively represent that their signatory is duly
authorized and has full right, power and authority to execute this Lease.
b. With the exception of the applicable laws, ordinances, rules and
regulation, this Lease constitutes the entire agreement and understanding of the parties and
-10-
1) /2....
supersedes all offers, negotiations and other agreements of any kind. Except as previously set
forth, there are no representations or understandings of any kind not set forth herein. Any
modification of or amendment to this Lease must be in writing and executed by both parties.
c.
This Lease shall be construed in accordance with the laws of the State of
Washington.
d. Section captions and headings are intended solely to facilitate the reading
thereof. Such captions and headings shall not affect the meaning or interpretation of the text
herein.
e. If the methods of taxation in effect at the Commencement Date of the
Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the
property taxes and special assessments, if any, now imposed on Equipment, there is imposed a
tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts.
f. Tenant shall be responsible for obtaining all necessary approvals,
authorizations and agreements from any party or entity and it is acknowledged and agreed that
the City is making no representation, warranty or covenant whether any of the foregoing
approvals, authorizations or agreements are required or have been obtained by Tenant from any
person or entity.
g. If any teIm of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining teImS of this Lease, which shall continue in full force and effect.
h. This Agreement may be enforced at both law and equity. Damages are not
an adequate remedy for breach.
i. Any Memorandum of Lease to be recorded by Tenant shall be in the fOIm
attached hereto as Exhibit C.
This Lease was executed as of the date first set forth above.
CITY OF FEDERAL WAY
VOICESTREAM PCS III CORPORATION
By:
By:
Its:
Title:
-11-
VI;
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
STATE OF WASHINGTON
)
) ss.
)
COUNTY OF KING
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the of VoiceStream
PCS III Corporation to be the ftee and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use th" space for notary stamp/seal)
K,\Te'eeomlVoioeStceam T,"" lakes BPA "",'
-12-
1JtY
EXHIBIT A
Legal Description
The property is legally described as follows:
Tracts A and B, Meadowpark Division I, according to the plat thereof
recorded in Volume 145 of Plats, pages 98 through 101, inclusive, in
King County, W A.
Tax parcel: 542242-0000
))15
EXHIBIT B
Site Location Within the Premises and Site Plan
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S.W. 3491H 51.
CI1Y OF FEDERAL
~ I WAY PROPER1Y
Ii i !
!: ~I CE~R_LtNE OF SPAITRAN_SMISS~N TOWE.R- L' - - - --
~ ~ - ÑÕRTHlIN~ OF I RONA MOOOWS
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EXHIBIT B- Cont.
Site Location Within the Premises and Site Plan
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EXHIBIT C
When Recorded Send To:
VoiceStreamPCS III Corporation
Suite 200
Leasing Administrator
3650-13I"Ave.S.E.
Bellevue WA 98006
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is entered into on this - day of
,2002, by and between the CITY OF FEDERAL WAY, a Washington municipal
corporation, with an office at 33530 - 1st Way South, Federal Way, WA 98003 (hereinafter
referred to as "City"), and VoiceStream PCS III Corporation, with an office at Suite 200, 3650-
131 st Ave. S.E., Bellevue, W A 98006 (hereinafter referred to as "Tenant").
1. City and Tenant entered into a Lease (the "Lease") on , 2002,
for the purpose of installing, operating and maintaining a communications facility
in connection with Tenant's wireless telephone communications service and other
improvements.
2. The tenn of the Lease is for five (5) years commencing on -, 2002,
("Commencement Date") and tenninating on the fifth anniversary of the
Commencement Date with three (3) successive five (5) year options to renew
(subject to the provisions of the Lease).
3. The land that is thé subject of the Lease is described in Exhibit A annexed
hereto. The portion of the land being leased to Tenant (the "Premises") is
described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of
the day and year first above written.
CITY:
CITY OF FEDERAL WAY,
a Washington municipal corporation
TENANT:
VoiceStream PCS III Corporation.,
a Delaware corporation
By:
By:
Title:
Title:
Date:
Date:
ATTEST:
City Clerk, N. Christine Green, CMC
C-I
-:3J\~
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
STATE OF
COUNTY OF
On
, before me, , Notary Public, personally appeared
, personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
-2-
-PI/
MEETING DATE:
11/19/02
ITEM# ::rt:(h)
----,.._---,.,-----,-
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Purchase of Surveying equipment for Public Safety Departement
------
CATEGORY:
BUDGET IMPACT:
[g CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$27500.00
$
--,-,
ATTACHMENTS: Memo to FEDRAC
SUMMARYIBACKGROUND: Department of Public Safety utilizes surveying equipment to collect accurate data in a
collision and crime scenes. The data is then downloaded into a PC and converted into detail drawings. This information is
then preserved with the incident records and is often used in court. Staff is requesting approval for the purchase of a
Trimble surveying equipment not to exceed. $27,500. Funding is available through traffic school fund.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approved and forwarded to full council.
PROPOSED MOTION: "I move approval of the purchase of a Trimble surveying equipment not to exceed. $27,500".
~
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
[g APPROVED
D DENIED
D TABLEDIDEFERREDINO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 0511012001
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
October 22, 2002
Finance, Economic D v opment and Regional Affairs Committee
DavidH.M e 1 ger ~
Mehdi Sadri, Information Systems Manage~
Purchase of surveying equipment for PS
BACKGROUND:
Department of Public Safety utilizes surveying equipment to collect accurate data in a collision and crime scenes.
The data is then downloaded into a PC and converted into detail drawings. This information is then preserved with
the incident records and is often used in court. (Samples are attached).
The City purchased a Nikon C I 00 in 1996 for data collection. This system has been used extensively, as a result, it
has become unreliable and because of its model it is not supported well by the manufacturer. The City has had to
utilize equipment ITom other jurisdictions or keep an accident scene closed for a longer time than necessary to collect
the data needed.
Based on PS requirements for accuracy, capabilities and compatibility, staff reviewed various surveying equipment
and evaluated equipments ftom two manufacturers (Trimble and Sokkia)
Based on the demonstrations, requirements and overall cost benefit analysis of the two systems, staff recommends
purchase of a Trimble 5605 (5") Total station including Control unit, Software package, Accessory kit, Data
communication kit and auto lock option.
Cost
Total system cost including tax and shipment is estimated not to exceed $27,500. Staff has identified funding in the
traffic school found for the purchase and ongoing cost of this system. Ongoing costs are estimated not to exceed
$3,000 per year ($2500 for replacement reserves, $500 for warranty and support).
COMMITTEE ACTION:
Approve the purchase of a Trimble Total Station not exceeding $27,500 for police collision and crime
scene data collection and forward to full council for final approval.
ITTEE:
---~
Committee Member
Committee Chair
/'1/¡tf-'t' GIJTß
f)cC.v3tF1)
k:lfinancelfincommt\2002\1029\police surveying equip,doc
-EI
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Federal Way
CITY OF FEDERAL WAY
DEPARTMENT OF PUBLIC SAFETY
MEMORANDUM
TO:
Brian J. Wilson, Deputy Chief¡J~
Andy J. Hwang, ~~'mman~
October 16,2002
FROM:
DATE:
SUBJECT:
Purchase of Total Station
Attached is a proposal from Officer Ron Potts to purchase a new total station. The existing
Nikon C-lOO is unreliable and needs to be replaced. The equipment is six-years old and it failed
to work during the last serious injury accident investigation. The Major Accident Investigation
Team has routinely experienced problems with the equipment for the past year or so.
The purchase of the equipment will cost approximately $25,000. According to the Finance
Department, there are no replacement reserves set aside for the purchase ofthe new total station.
The Department recently developed a Major Accident and Crime Scene Investigative Teams, and
the teams will heavily rely on the total station equipment to map out serious accidents and major
crime scenes. The new total station will allow the team to be more efficient and produce a
superior product in less time. It will save the agency money in the long run.
I recommend that the Department purchase the total station using the Traffic School funds.
There is a current balance of$60,212.02 in this account.
Ëj
_n~=
. ED~
~~AY
DEPARTMENT OF PUBLIC SAFETY
TO: Lt. Fadler
FROM: Officer Potts/4162
DATE: October 9, 2002
SUBJ: Total Station
Weare currently using a Nikon C-I 00 total station for diagramming collision scenes and crime
scenes. We have been using this piece of equipment for the past six years. We have
experienced some problems with this item recently. We also have been having problems with
technical support from Nikon. The problems we have, are problems some with the hardware
and some software problems. We attempted to get technical support ITom Nikon. Due to the,
lack of software support we were forced to buy an after market software product to return this
equipment functional state. We are currently experiencing routine problems due to the age of
this equipment.
Due to the problems we are currently experiencing, we have contacted MIS to research possible
replacements for this piece of equipment. Mehdi Sadri ITom MIS and the Traffic staff have
review the department needs for a total station. Our primary goals were to obtain a system that
could be used without a prism, an auto lock function (semi self tracking), and dependable unit
with good support. The support being for technical, software and hardware issues. The features
that we identified as being useful were the reflector less system, which gives use, better indoor
capabilities and the capability to use this equipment on busy intersection or roads, This allows us
to keep ITom shutting down the road to document the scene. The reflector less also allows the
total station to be used more effectively indoors. The auto lock capability allows us easier use in
low-lit scenes such as traffic collision at night or in light fog.
We have researched several systems; the two systems we found to come closest to meeting our
needs were Sokkia and Trimble. Company representatives demonstrated the two total stations
systems. We found the Sokkia unit was less expensive but does not have the reflector less
capabilities and was not as user fiiendly as we would have liked. We also found the Trimble
system to have met our requirement with an estimated price of about $25,000.00. My
recommendation would be purchase the Trimble unit with auto lock capabilities.
155
Building 1fT
a
Traffic Investigation
So 348th
......---
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~
Potts/4162
~
16th Ave So and SR-18
Federal Way
King
16 th Ave So
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I AS E I
MEETING DATE:
November 19, 2002
ITEM#
Ý(ð)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
South King County Transportation Board (SCA TBd) Agreement
CATEGORY:
BUDGET IMPACT:
¡g¡ 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 Use / Transportation Committee dated November 4,2002.
SUMMARYIBACKGROUND:
On October 15, 2002 the South King County Transportation Board (SCATBd) approved a revised agreement for the
continuation of the organization. Minor revisions approved by the board include the following:
Addition of the Muckleshoot Tribe as a voting member of SCA TBd.
Clarification that the King County Executive and a King County Council member representing South King County
shall each have a seat and vote at SCA TBd.
Recognition that dues of approximately $250 per vote shall be considered by June 30, 2003 for purposes authorized by
SCATBd.
The SCATBd, which includes Mayor Jeanne Burbidge as SCATBd Vice-Chair is requesting that the Land Use / Transportation
Committee review and approve the attached, revised SCATBd agreement.
CITY COUNCIL COMMITTEE RECOMMENDATION:
At its November 4, 2002 meeting, the Land Use / Transportation Committee recommended approving the revised SCA TBd
agreement as amended.
PROPOSED MOTION: "I move approval of the revised SCATBd agreement as amended."
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 T ABLEDIDEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED ~ 05/10/2001
~ Fëderal Way
DATE:
November 4, 2002
TO:
Eric Faison, Chair
Land UsefTransportation Committee
FROM:
{hrl.
VIA:
David H. Mosele
SUBJECT:
South King County Transportation Board (SCATBd) Agreement
BACKGROUND
On October 15,2002 the South King County Transportation Board (SCATBd) approved a revised agreement for
the continuation of the organization. The revised agreement is very similar to the agreement that has been in effect
for the past three years. Minor revisions approved by the board include the following:
Addition of the Muckleshoot Tribe as a voting member of SCA TBd.
Clarification that the King County Executive and a King County Council member representing South
King County shall each have a seat and vote at SCA TBd.
Recognition that dues of approximately $250 per vote shall be considered by June 30, 2003 for purposes
authorized by SCATBd.
ACTION
The SCA TBd, which includes Mayor Jeanne Burbidge as SCA TBd Vice-Chair is requesting that the Land Use /
Transportation Committee review and approve the attached, revised SCA TBd agreement.
RECOMMENDATION """.¡¡<;O
/ ft'> fir'
Staff recommends approving the revised SCATBd agreement and placing said agreement on the November 19,
2002 Council Consent Agenda for approval.
CR:d1
Project File
Day File
klluto\2002Isouth ki", CO",'" ,k,"bd a",eome"tdoc
AGREEMENT
For the
SOUTH COUNTY AREA TRANSPORTATION BOARD
DRAFT
If//Z/Ó2-
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
Muckleshoot Tribe
City of Federal Way
King County
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
City of Renton
CityofSeaTac
City of Tukwila
Pierce Transit
Port of Seattle
Puget Sound Regional Council
Sound Transit
Transportation Improvement Board
Washington State Department of
Transportation
Transmitted to participating members on October 23, 2002.
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter
called "Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK
DIAMOND, hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called
"Burien"; the CITY OF COVINGTON, hereafter called "Covington"; the CITY OF DES
MOINES, hereafter called "Des Moines"; the CITY OF ENUMCLA W, hereafter called
"Enumclaw"; the CITY OF FEDERAL WAY, hereafter called "Federal Way"; KING
COUNTY, a legal subdivision of the State of Washington, hereafter called "King County"; the
CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE V ALLEY, hereafter called
"Maple Valley"; the CITY OF MILTON, hereafter called "Milton"; the CITY OF NORMANDY
PARK, hereafter called "Normandy Park'; the CITY OF PACIFIC, hereafter called "Pacific";
the CITY OF RENTON, hereafter called "Renton"; the CITY OF SEAT AC, hereafter called
"SeaTac"; the CITY OF TUKWILA, hereafter called "Tukwila"; the PUGET SOUND
REGIONAL COUNCIL, hereafter called the "PSRC"; the CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit"; the
TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB"; the PORT OF
SEATTLE, hereafter called the "Port of Seattle"; PIERCE TRANSIT, hereafter called "Pierce
Transit"; the MUCKLE SHOOT TRIBE; and the WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, hereafter called "WSDOT."
WHEREAS, South King County has a history of multi-jurisdictional transportation planning
dating back to the late 1970's including the Green River Valley Transportation Action Plan
(GRVTAP), which was a multi-jurisdictional effort coordinated by the Puget Sound Council of
Governments (now Puget Sound Regional Council) and involving King County, the Washington
State Department of Transportation, (WSDOT) and the cities of Auburn, Kent, Renton and
Tukwila; and
WHEREAS, each of the jurisdictions in the South King County area has experienced significant
population growth and economic development in the last decade, and projects continued growth
and development in the future; and
WHEREAS, the enormous cost of many of the needed transportation improvements and their
importance to South King County as a whole demonstrate the need for a cooperative approach to
the planning, financing and construction of these improvements; and
WHEREAS, King County, WSDOT and the South King County cities of Auburn, Des Moines,
Kent, Renton, Tukwila, SeaTac, Burien, Federal Way, Algona, Pacific, Milton. Normandy Park,
Enumclaw, and Black Diamond in 1992 recognized that a cooperative approach to the
transportation problems would facilitate application of the South King County jurisdictions for
funding from the State of Washington and the United States, and in recognition of this, formed
the South County Area Transportation Board (SCATBd) to serve as a central forum for solving
transportation issues affecting the South County area jurisdictions, and were later joined by the
new cities of Maple Valley and Covington; and the Muckleshoot Tribe.
WHEREAS, the King County Comprehensive Plan for Public Transportation - Long Range
Policy Framework, adopted in 1993, divided Metro service into three geographic subareas for the
purpose of allocating new transit subsidy; and
WHEREAS, the Six-Year Transit Development Plan, adopted in 1995, calls for the three subarea
transportation boards (the Eastside Transportation Partnership, South County Area
Transportation Board, and SeaShore Transportation Forum) to review, refine, and recommend
service priorities to the King County Executive; and
WHEREAS, Sound Transit relies on the three subarea transportation boards to REVIEW AND
recommend modifications to Sound Move Plan implementation related services and projects, and
to participate in future phase (Phase II) high capacity transit development efforts.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1.0
Purpose of Agreement
The purpose of the Agreement is to identify the voting and non-voting members of the South
County Area Transportation Board (SCA TBd), and provide for the continuation of the SCA TBd
as the South County forum for infonnation sharing, consensus building and coordinating to
resolve transportation issues.
2.0
Role of SCATBd
The SCATBd is the forum established for the South County subarea of King County (Exhibit I)
at which elected officials may provide input into the following decisions, and such other
transportation-related issues as the members detennine:
. development of the King County Metro Six Year Transit Development Plan
. implementation of transit service priorities
. recommendations for Transportation Equity Act for the 21st Century (TEA-21) regional
project identification and Countywide project selection
. recommendations for modifications to Sound Move Plan service implementation-related
services and projects and development of future Phase II planning efforts.
The other two subareas have similar forums: the Eastside Transportation Partnership and the
SeaShore Transportation Forum.
3.0
Voting and Non-Voting Members
3.1.
The members of SCA TBd and their voting rights shall be as follows:
MEMBERS NUMBER OF VOTING
REPRESENTATIVES
Algona I Yes
Auburn I Yes
Black Diamond I Yes
Burien I Yes
Covington I Yes
Des Moines I Yes
Enumclaw I Yes
Federal Way I Yes
King County 2 Yes
Kent I Yes
Maole Valley I Yes
Milton I Yes
Muckleshoot Tribe I Yes
Nonnandy Park I Yes
Pacific I Yes
Renton I Yes
SeaTac I Yes
Tukwila I Yes
Port of Seattle I No
Puget Sound Regional Council 1 No
Sound Transit I No
Pierce Transit I No
Transportation Improvement Board I No
Washington State Department of Transportation I No
3.2 Existing or new cities legally formed under the laws of incorporation of the State of
Washington may petition SCATBd for membership. The number of SCATBd representatives
and the status of new members shall be determined by a simple majority of voting
representatives present at a meeting of the SCATBd at which a quorum is present.
3.3 Private sector groups that represent the South County may be added as nonvoting
members in SCATBd as determined by a simple majority of voting representatives present at a
meeting of the SCATBd at which a quorum is present.
4.0
SCATBd
4.1 Each member city shall be entitled to one position on the Board. King County shall be
entitled to two positions, one for the King County Executive, and one for a King County
Councilmember representing the South King County area. The Port of Seattle, PSRC, Till,
Pierce Transit, Sound Transit and WSDOT shall be entitled to one position each. Each member
shall appoint one representative and one alternate to the Board, each for one year terms. For the
County and cities, the representative shall be an elected official; the alternate may be an elected
official or high level staff member.
4.2 The Board will be responsible for overall program direction, approving Technical
Advisory Committee recommendations, and on-going communication with the governing body
of each member jurisdiction.
4.3 A majority of the voting representatives shall constitute a quorum of the Board, which
shall be required to conduct business. The Board shall act by majority vote of the quorum. The
Board shall establish its own bylaws and rules of procedure, and may modify these as
appropriate. Such bylaws and rules shall be consistent with the provisions of the Agreement, and
modifications to such bylaws and rules will not alter this Agreement.
4.4 The Chair and Vice-Chair shall be elected by a majority of the voting representatives on
the SCA TBd, and each shall be one of the representatives of the county or a member city. The
Chair and Vice Chair shall serve a term of one year from January I through December.
4.5 The Chair and Vice Chair shall conduct the SCATBd activities within adopted
procedures and guidelines. They are responsible for setting meeting agendas, ensuring fair
opportunity for discussion, signing correspondence, and speaking on behalf of SCA TBd.
4.6 With a simple majority, the SCATBd can adopt resolutions in support of member
jurisdictions or regional activities, authorize studies, approve correspondence or request
information.
5.0
Committees
5.1. The Board may establish such committees as are necessary to carry out its purpose
including but not limited to a Technical Advisory Committee as described below.
5.2. Each member jurisdiction or agency shall appoint an appropriate department director or
division manager to the Technical Advisory Committee (T AC). The City of Seattle, Pierce
County, the City of Tacoma, and Pierce Transit may appoint similar level staff to the TAC.
Other jurisdictions, agencies, or groups may be added as detennined by the Board. The T AC
shall provide technical assistance as requested by the Board and shall advise the Board of
emergent transportation issues for the Board's consideration. To the extent possible, existing
technical or other work groups with which South County jurisdictions are participating should be
used. South County area staff could, if necessary, form a subarea caucus for the purpose of
assisting in bringing issues to the Technical Advisory Committee or the Board.
6.0
Lead Agency
King County shall provide general administrative and program support for the SCATBd and will
be the Lead Agency for the purposes of coordination and receipt of any funds or contract
administration. King County assumes wage and benefits cost of its staff performing Lead
Agency responsibilities.
7.0
Member Agency Staff Support
Each member jurisdiction and agency is expected to contribute such staff as is necessary to
accomplish the work program adopted by the SCATBd.
8.0
Work Program
The SCA TBd may undertake activities consistent with its purposes and shall prepare an annual
work program for the following year and progress report on the year just completed for submittal
to its members.
9.0
Cost Sharing Guidelines:
9.1 At such time that member jurisdictions and agencies agree that a specific undertaking of the
Board requires financial support, these guidelines shall generally apply:
(I) Annual Review of Financing: The Board shall detennine by June 30 of 2003 whether
membership dues or other financial contribution will be requested of the Board jurisdictions and
agencIes.
(2) Member Jurisdictions: Costs shall be shared among member jurisdictions other than
King County by a method as detennined by action of the Board. Unless agreed to otherwise,
King County's share shall be limited to the costs of providing staff support.
(3) Member Agencies: The member agencies shall not be expected to make a direct funding
contribution. However, subject to the availability of member funding, in-kind contributions may
be necessary as detennined by an action of the Board.
(4) Modification to Agreement Required: A modification to this agreement specifying cost-
sharing, purpose, scope of work and other details is required to obligate a member jurisdiction to
funding participation.
10.0
Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw
from participation in this Agreement by providing written notice, sent certified mail, return
receipt required, to all of the other parties at least thirty (30) days in advance ofthe effective date
of the withdrawal. A withdrawing party shall not be entitled to a refund of any dues or other
payments to SCA TBd but shall make any contributions required to be paid to other parties under
this Agreement for costs which had been obligated prior to the effective date of the withdrawal.
In the event a party withdraws, the remaining parties shall amend this Agreement as necessary to
reflect changes in the named parties and cost and revenue allocations. In the event of withdrawal
by a party, this Agreement shall tenninate as to that party but shall continue in effect with respect
to the remaining parties. However, the tennination of this Agreement with respect to one or
more parties shall not affect any of the parties' rights or obligations, including any rights or
obligations of a withdrawing party, that are expressly intended to survive tennination.
Each party's funding to perfonn its obligations under the Agreement, beyond the current
appropriation year, is conditional upon appropriation by the party's governing body of sufficient
funds to support said obligations. Should such an appropriation not be approved for a future
year, a party may exercise its right to withdraw as provided herein, or remain as a non-voting
member.
11.0
Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties
and executed by the authorized representatives of all parties. This Agreement shall remain in
effect until December 31, 2005, unless tenninated earlier or extended in accordance with Section
17.0.
12.0
Termination
All parties to this Agreement must agree to tenninate this Agreement in order for such
tennination to be effective. If all parties desire to tenninate this Agreement, they shall execute a
Declaration of Tennination. Upon tennination, no party shall be required to make any additional
contributions. Any remaining funds shall be refunded to the parties to this Agreement according
to Section 14.0.
13.0
Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this
Agreement expires or is terminated in accordance with Section 12.0, any personal property other
than cash shall remain with the Lead Agency.
14.0
Return of Funds
At such time as this Agreement expires or is terminated in accordance with Section 12.0, any
unexpended and uncommitted funds shall be distributed in equal shares among the contributing
parties at the time of termination.
15.0
Filing
This Agreement shall be filed with the King County Department of Records and Elections.
16,0
Legal Relations
16.1 The parties shall comply with all applicable state and federal laws and regulations.
16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or
agents of one party or any of its contractors or subcontractors shall be deemed, or represent
themselves to be, employees of any other party.
16.3 Each party shall defend, indemnify and hold harmless the other parties and all of their
officials, employees, principals and agents from all claims, demands, suits, actions, and liability
of any kind whatsoever which arise out of, are connected with, or are incident to any negligent
acts of the indemnifying party, its contractor, and/or employees, agents, and representatives in
performing the indemnifying party's obligations under this Agreement. The parties agree that
their obligations under this paragraph extend to claims made against one party by the other
party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive, as
respects the other party only, any immunity that would othelWise be available against such
claims under the industrial insurance provisions ofRCW Title 51. In the event any party incurs
attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the
other party, all such reasonable fees, costs and expenses shall be recoverable by the prevailing
party.
16.4 The provisions of this Section shall survive and remain applicable to each ofthe parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal crom this Agreement.
17.0
Entirety and Modifications
17.1 This Agreement merges and supersedes all prior negotiations, representations and
agreements between the parties relating to the subject matter hereof and constitutes the entire
agreement between the parties.
This Agreement may be modified or extended only by written instrument signed by all parties
hereto.
18.0
Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of
which shall be an original.
Signature Page
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by
'dl hdffi h
lts u yaut onze 0 lcer or representative as of t e date set forth below its signature,
CITY OF ALGONA KING COUNTY CITY OF TUKWILA
By By By
Date Date Date
CITY OF AUBURN CITY OF KENT PIERCE TRANSIT
By By By
Date Date Date
CITY OF BLACK DIAMOND CITY OF MAPLE VALLEY PORT OF SEATTLE
By By BY
Date Date Date
CITY OF BURIEN CITY OF MILTON PUGET SOUND REGIONAL
COUNCIL
By By By
Date Date Date
CITY OF COVINGTON CITY OF NORMANDY PARK SOUND TRANSIT
By By By
Date Date Date
CITY OF DES MOINES CITY OF PACIFIC TRANSPORTATION
IMPROVEMENT BOARD
By By By
Date Date Date
CITY OF ENUMCLA W CITY OF RENTON WASHINGTON STATE
DEPARTMENT OF
TRANSPORTATION
By By By
Date Date Date
CITY OF FEDERAL WAY CITY OF SEATAC MUCKELSHOOT TRIBE
By By By
Date Date Date
MEETING DATE:
November 19, 2002
ITEM#
~
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2003 Legislative Agenda
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 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: I) FEDRAC Committee Report. 2) 2003 Legislative Agenda as revised by FEDRAc.
SUMMARYIBACKGROUND: FEDRAC made one change to the Legislative Agenda that is not discussed in the
attached FEDRAC Committee Report. A coalition of gambling interests known as the Entertainment Industry Coalition is
advocating the expansion of gambling via slot machines and other electronic devices. Though now permitted only on
Indian Reservations, the proposal would allow up to 20,000 machines in gambling establishments, restaurants, bars, etc.,
on non-tribal land. The ErC is touting this as economic development and a partial solution for the state's $2-3 billion
budget hole. FEDRAC voted to add that Federal Way opposes this non-tribal gambling expansion proposal from the EIc.
However, ifthe 2003 Legislature chooses to expand non-tribal gambling, Federal Way will join other cities in urging the
Legislature to impose local tax and revenue components to assist with the additional law enforcement and public safety
impacts that could arise.
CITY COUNCIL COMMITTEE RECOMMENDATION: That the full City Council adopt the attached 2003
Legislative Agenda. The attached document includes the FEDRAC-requested change to address expanded gambling and
a minor staff change to reflect the failure ofR-51 at the polls. All changes are in double underline.
PROPOSED MOTION: "I move to adopt the attached 2003 Legislative Agenda."
CITY MANAGER APPROVAL:
~u
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDIDEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances onty)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
DATE:
TO:
October 29, 2002
VIA:
FROM:
evelopment I Regional Affairs Committee
David Meager ~
Derek Mathes n, Assistant City Manag
Doug Levy, Government Affairs Consulta
SUBJECT:
2003 Legislative Agenda and Policies
Background:
Attached is the draft 2003 Legislative Agenda and Policies as revised by staff from the 2002 version. The
document looks very different than in past years because it separates out the issues the city would actively lead or
support from the policies the city simply has on record. It also adds some narrative to help the reader better
understand each issue. Taken together, these changes have the effect of better emphasizing the proposed 2003
priorities of local government financing and transportation. The document's second page helps explain the
format in greater detail and the index shows the document's history from year-to-year.
There are few substantive changes from the 2002 version. They are:
Consolidated the local government financing items including protection against unfunded mandates and
revenue erosion, revenue enhancement, concern with countywide utility tax options, and support for new
economic development tools
Updated the transportation sections to reflect current conditions
Added support for legislation that would make it easier for cities to contract with one another for
municipal court services in the wake of King County's action to terminate district court contracts
Added support for legislation to decriminalize third-degree Driving- While-License-Suspended charges as
part of the city's efforts to control jail costs
Added support for legislation that would remove barriers to improved local government efficiency
Added support for a legislative remedy to any state Supreme Court's ruling on petition annexations
Added support for legislation that would give employees more flexibility to mange their PERS 3
retirement plans
Added support for parks capital funding and for authority to use a portion ofthe conservation futures
levy for M&O
Requested that any stormwater legislation give local governments maximum flexibility to meet their own
planning needs
Added a reference to homeland security in the federal issues section
Recommendation:
Incorporate the committee's recommended changes and forward the draft 2003 Legislative Agenda and Policies
to the November 19 City Council meeting for adoption.
U-.
(FEDRAC COMMITTEE'S DRAFT)
CITY OF FEDERAL WAY
2003 LEGISLATIVE AGENDA
AND
LEGISLATIVE POLICIES
FEDERAL WAY CITY COUNCIL
Jeanne Burbidge, Mayor
Dean McColgan, Deputy Mayor
Eric Faison
Mary Gates
Michael Hellickson
Linda Kochmar
Michael Park
FEDERAL WAY CITY ADMINISTRATION
David Moseley, City Manager
Donna Hanson, Assistant City Manager
Derek Matheson, Assistant City Manager (Legislative Relations)
I City of Federal Wav 2003 Leaislative Aaenda
About this Document
The City of Federal Way's 2003 Legislative Agenda and Legislative Policy Document is organized as follows:
The Leqislative Aqenda reflects the City's position on matters that are expected to arise either as
legislation or in the state budget process, or both. The 2003 Agenda helps note the City's level of
involvement in an issue by listing it as:
"Active" - meaning the City, as an individual entity, plans to actively involve itself in lobbying
and advocating for or against a given legislative/budget provision;
"Support' - meaning the City has a great deal of interest in a given legislative/budget
provision, but is more likely to support a lobbying or advocacy effort than to lead it;
The Federal Issues portion of this document reflects the City's position and interest on several issues
that directly impact local government funding and capacity to provide general services, maintain
adequate tax revenues, address transportation, deal with core services, such as law enforcement and
parks, and do its part on the critical issue of homeland defense.
The leGislative Policies and Statements of Principles guide the City's approach to legislative advocacy
and positions and reflect the City's principles in terms of interaction between state and local
governments. These policies and principles are meant to serve the City in its approach to legislative
issues, not just in a given year, but over time as well. However, in any legislative cycle, the City may
have both overarching policies and principles on an issue as well as specific positions on a legislative
initiative, funding effort, or bill(s).
The Index denotes the year that specific policy positions and legislative items were adopted, amended,
and updated, and their location in this document.
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I Citv of Federal Wav 2003 Leaislative Aaenda
Active Items for 2003
Financing Issues
Avoid Unfunded and Inadequatelv Funded Mandates
In keeping with its policy of vocally opposing mandates that are unfunded or inadequately funded, the
City of Federal Way will actively lobby against bills and budget initiatives that contain unfunded
mandates. Being mindful of Initiatives 62 and 601, the economic hard times that have stricken our
state, and the continuing fallout from 9/11, legislators, state agencies, and courts should be
apprehensive of imposing new mandates on local governments without the necessary funding to go
with them.
Federal Way strongly urges legislators to refrain from imposing unfunded mandates, to ask if
pending bills and budget matters contain unfunded mandates, and to seek full funding for local
governments if mandates are considered a necessity for policy reasons
Guard Aqainst Tax-relief and Tax-exemption Measures That Erode Local Government Revenues
Despite the budget pressures facing our state, the 2002 Legislature received scores of requests for new
tax relief or tax exemptions, as advocates of tax exemptions on physical fitness services, business and
property tax relief, etc., brought their cases to Olympia. The Legislature is to be commended for
showing restraint in the areas of tax relief and tax exemption.
The City of Federal Way urges the Legislature to continue to refrain from worsening the budget
and fiscal landscape for local governments by passing ill-advised measures that erode local
revenues through tax exemptions.
Onqoinq Revenue/Local Government Financina
In response to a $1.4 billion state shortfall, the 2002 session of the Legisiature developed a
supplemental Operating Budget that dramatically reduced the post-Initiative 695 backfiil funding
appropriated to assist impacted cities and counties for 2003. The final budget document contained $8
million for the hardest-hit cities in the state and $5 million for the hardest-hit counties. The City of
Federal Way was not among cities receiving the collective $8 million. Federal Way has already
foregone the yearly $300,000 provided by the sales tax equalization program, Additionally, the City has
dealt with property tax revenue decreases brought on by voter-approved Initiative 747, used banked
property taxing capacity to address law enforcement needs, and worked to move police personnel away
from desks and onto streets during a post-9/11 era when citizens are demanding more safety and
security. The City does not believe that local governments should have to address these issues alone
and strongly believes the State of Washington has a long-term policy obligation to assist its cities. Also,
given the state's severe budget problems, the City of Federal Way will actively engage city and county
officials and representatives of the Governor's office in discussions addressing a broader range of local
government financing alternatives.
Federal Way urges lawmakers to discuss new revenue needs for cities and counties in the 2003-
05 Operating Budget. The City will work closely with city and county associations and individual
jurisdictions lobbying this issue. The City also urges the Legislature to include local
government distributions in any revenue-enhancement measures it may enact at the state level -
just as it does, for example, with collections of the gas tax.
New Countywide Taxinq Authoritv
During the 2002 session, county governments, led by King County, lobbied for new countywide utility
taxing authority through bills such as HB 2950. Federal Way and suburban cities throughout King
County strongly opposed this legislation for several reasons: It was offered at a time when citizens are
asking governments not to impose new taxes; it would have added to existing utility taxes already
imposed by cities; and the City believes King County, like municipalities, should consider budget
reductions and internal belt-tightening before asking citizens to approve more taxes. King County has
indicated it may seek new utility tax authority only in unincorporated areas in 2003, and may again
pursue some type of still-to-be-defined countywide taxing authority.
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If King County proceeds with a new proposal for taxing authority, the City would continue to
oppose a new countywide utility tax and would instead urge King County to look at authority in
unincorporated areas only. Meanwhile, the City will closely evaluate the details and structure of
other proposals for countywide taxing authority to fund regional services.
Economic Development/Infrastructure Tools - Expandinq Tax-Increment Financinq (TIF): At a time
when the economy is in an ongoing recession, the state's ability to directly assist cities is very limited,
and the electorate is leery of any new general tax increases, tools to foster infrastructure and economic
development become even more critical. One tool that 48 states use in a significant way is "Tax-
Increment Financing." TIF involves directing future increments of tax revenue to finance debt payments
for infrastructure that serves new development and creates new jobs and revenue within a community
and for the State of Washington. The 2001 and 2002 Legislatures authorized very limited forms ofTlF
that allow a jurisdiction to apply future increments of local tax revenues toward infrastructure and
economic development. As the 2003 Legislature draws nearer, Federal Way has been involved in
a coalition of nearly 40 governmental and business organizations that are working with the
Governor's Office on "Executive Request" legislation regarding TIF. This legislation would make
the State of Washington a more active funding partner in community infrastructure projects that pave the
way for economic development and - ultimately - new jobs and new revenue to grow the economy.
Transportation
State SYstem, State Fundina and Proiect Issues
On November 5, Washington voters reiected the \','ill deside upen a $7,8 ¡¡lIIien Referendum 51 ballot
measure te finanse that would have funded transportation needs in areas such as highway and road
improvements, ferries, rail, transit, and local government grant programs. If "eters approve the
paskage, the legislature 'Nould likely need te Fe senfirm and r-e examine funding le"el5 fer prejests. If
"eters de net appm"e tRe paskage, This will reouire the 2003 Legislature will-+\eeG to reconfigure the
state transportation package while continuing to address critical congestion and mobility issues.
Given the major traffic congestion, mobility, and capacity issues impacting Federal Way, the City
expects to be actively involved in any legislative matters dealing with state transportation, state
funding, and projects.
Transportation: Reaional Authority Financina and Governance
In 2002, the Legislature passed E2SSB 6140, a measure designed to supplement state transportation
funding through new governance and taxing authority (subject to voter approvaf) for the central Puget
Sound region, and augment transportation projects and congestion-relief efforts. Unfortunately, cities
such as Federal Way were not given a voice in project selection. The measure failed to include regional
equity provisions and was almost exclusively focused on highways of statewide significance. With a
Regional Transportation Improvement District (RTID) measure scheduled to go to voters in May 2003,
the Legislature will be asked to re-examine the 6140 statute. While Federal Way had significant
concerns regarding 6140, the counties working on regional transportation are to be commended for
including key City priority projects such as State Route 509, Interstate 5 HOV lane extension, and the 1-
5/SR-18/SR-161 Triangle interchange.
With the regional transportation statute likely to be examined further in 2003, Federal Way will be
actively involved in discussions and may look at limited changes to the 6140 statute - such as
clearer bonding authority.
Gambling
Non-Tribal Gamblinq Prooosal
Federal Wav does not believe that siqnificantlv exoandino non-tribal oamblinq is an aoorooriate wav to
address the fiscal crisis confrontinq state and local qovernments Further the CitY has concerns about
how such orooosais affect a communitY's character and qualitv of life As a result Federal Wav
ooooses the non-tribal oamblino exoansion orooosal from the Entertainment IndustrY Coalition
IEICI However if the 2003 Leoislature chooses to exoand non-tribal oamblino Federal Wav will
ioin other cities in uroino the Leoislature to imoose local tax and revenue comoonents to assist
with the additional law enforcement and oublic safetY imoacts that could arise
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Placeholder - Emerging Issues: The City's 2003 Legislative Agenda holds a place for issues that
may emerge after the City's Agenda document has been printed and approved by City Council, yet still
require the City's active participation and lobbying. Such was the case in the 2002 session, when the
City successfully lobbied for a jail services. ities and counties to contract for jail services
outside of their residing county (SHB 2541). 03, emergent issues may require the City's
active attention and lobbying.
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I Citv of Federal Wav 2003 Leaislative Aaenda
Support Items for 2003
Assuming these items arise during the 2003 Legislative session, Federal Way will lobby in support of efforts led
by others in the following areas (grouped in alphabetical order according to general subject matter):
Building Codes
Adoption of Uniform and Updated Buildino Codes
The Legislature failed to move ESHB 1555 during the 2002 session. This bill, representing years of
work amongst stakeholder groups, authorized adoption of an updated and uniform series of
international building codes in the state, Current codes are badly outdated and pose risks in areas such
as homeowner insurance premiums and earthquake prevention. They provide designers and code
officials with more flexibility at less cost than current codes,
Federal Way and its building official are actively engaged in a stakeholder organizing and
lobbying effort to bring back a version of ESHB 1555 in 2003 for enactment into law.
Criminal Justice, Law Enforcement, Courts
Protect Municipal Criminal Justice Revenues in State General Fund and Support Leaislation to
Eliminate ApPlication Process
The potential of a $2.5 billion state budget deficit heading into the 2003-05 biennium compels the State
Legislature to thoroughly evaluate expenditure reductions and elimination of state programs, and to re-
examine dedicated funds within the state's General Fund, The Legislature may be investigating a
Municipal Criminal Justice Account, formerly incorporated into the Motor Vehicle Excise Tax (MVET),
but later shifted into the General Fund under the Referendum 49 initiative in 1998. This $4.6 million
program includes nearly $3 million for grants to municipalities based on innovative law enforcement,
domestic violence programs, and efforts to assist at-risk kids. Federal Way's grants total approximately
$60-70,000 per year.
Considering the lack of available law enforcement funding, Federal Way urges the Legislature to
refrain from cutting or eliminating this program. Further, the City supports a legislative request
from the state Office of Community Development to make these funds direct distributions,
thereby eliminating a time-consuming, costly, and unnecessary application process.
Druo Seizures: Timino and Direction of Proceeds
One of the criticisms of drug forfeiture efforts by law enforcement is that proceeds from drug seizures
are not always returned to law or drug enforcement. This is not true in Federal Way. The City has an
exacting process of returning drug seizure proceeds to law and drug enforcement and maintains very
detailed accounting records. A citizen initiative on drug seizures did not collect enough valid signatures
to qualify for the 2002 ballot, so the matter may resurface in 2003.
Federal Way will join other local governments and law enforcement agencies in strongly
opposing legislation limiting drug seizures to post-conviction only, directing proceeds from
drug seizures away from local law enforcement and toward state drug treatment programs.
Protectina Privacv of Law Enforcement Personnel
The City supports legislation such as 5B 6660, which was unsuccessful in the 2002 Legislature.
The measure protected items such as law enforcement social security numbers and home phone
numbers from public disclosure and dissemination.
District Court Judaes
The City supports legislation that gives more flexibility to Counties in determining the
appropriate number of District Court judges within their jurisdictions.
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Additional Flexibilitv for Municipal Court Services
In the aftermath of King County's decision to eliminate certain District Courts, a number of King County
cities are working on a legislative initiative allowing cities to more flexibly enter into agreements with one
another for Municipal Court services and contract across jurisdictional lines,
Federal Way will support these efforts and 2003 legislation in this area.
Municipal Courts: Reauirements That Judaes Be Full-time/Elected
The City of Federal Way currently uses a Commissioner and part-time judge to operate the City's
Municipal Court and believes its system is working well and efficiently. Thus, the City has opposed
legislative bills requiring Municipal Courts have full-time, elected judges. During the 2002 session, the
City opposed SB 6719, which required at least one full-time, elected judge in all Municipal Courts for
cities of more than 50,000 people. The City is particularly concerned about the cost and budget
implications of such a mandate and amended the Senate bill to delay such a mandate until current
Municipal Court contractual obligations had run their course.
In 2003, the City will be engaged in any Municipal Court issues involving elected, full-time
judges. The City urges legislators to either refrain from imposing such requirements, or to do so
in a manner that provides adequate time for phase-in and contractual certainty, as did the
amended 6719.
Decriminalizina 3'. Dearee Drivina While License Suspended (oWLS)
Given the mounting costs of Municipal Court processing of DWLS charges, Federal Way
recommends the 2003 Legislature take a hard look at decriminalizing of minor (3"' Degree) DWLS
offenses and would support legislation in that area.
Efficiency Measurers Promoted by Cities and Counties
Local Government Efficiencv Leaislation in 2003
One of the components of an aforementioned Local Government Financing initiative among cities and
counties is the compilation of a list of efficiencies that could be gained, saving money for local
governments if state statutes are adjusted and updated, Federal Way has given several suggestions to
the City-County group, which includes allowing cities to piggyback onto state banking service contracts,
providing significant cost-savings at the local level.
Federal Way supports an effort to enact cost-saving efficiencies through a 2003 legislative
package
GMA, Annexation, Housing Targets, Land-Use, Permitting, Impact Fees
Annexation Authoritv for Cities
In a March 2002 decision, the Washington State Supreme Court discarded the petition-method form of
annexation as being unconstitutional and improperly favoring the rights of property owners over those of
voters. On October 11, 2002, the Court then announced it would honor a "motion for'reconsideration"
filed by individual cities, the Association of Washington Cities (AWC), representatives of the business
and development community, and others, This rehearing of the case is set for the Court's winter
term: January-March 2003. This decision has major ramifications for Federal Way and other cities
across the state. Annexations of school district properties, vacant lots, industrial areas, etc., cannot
logically be undertaken through election methods of annexation in state law, Further, given that the
petition method has been the preferred form of annexation for cities, the whole premise of the Growth
Management Act is called into question if the Supreme Court ends up reinstating its March 2002
decision. Orderly growth, future development, and anti-sprawl efforts would be more difficult. While the
legal question plays itself out, Federal Way asks legislators to discuss possible remedies to an
adverse court decision as well as other improvements that would best align annexation. law with
the intent of the Growth Management Act.
Housina Issues Involvina Buildable Lands and Housina Taraets
Federal Way is sympathetic to the goals and objectives of housing availability and land supply for
housing under the Growth Management Act. The City supports a thorough review of the process for
allocating housing targets as well as establishment of objective criteria for allocating targets. However,
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a number of legislative initiatives have attempted to accomplish that goal through prescribed buildable
lands and housing-target provisions that are unacceptable to the City,
Federal Way will lobby against and oppose measures that break 20-year housing targets into
smaller intervals, such as annual targets, as well as legislative initiatives that attempt to hold
cities responsible for housing market performance.
GMA Impact Fees - TiminG of Collection
2002 Legislation attempted to move the timing of GMA impact fee collection for residential units. Cities
and counties that have experimented with this idea have found it to have disastrous results.
Federal Way will join cities, counties, and other interests in opposing any legislation that would
move the timing of impact collection fees for residential development to time of occupancy or
title transfer, rather than at the time of permit processing.
ClarifyinG Local ZoninG Authoritv on Location of GamblinG Establishments
Federal Way will continue to support legislation clarifying that localities, through their zoning
and land-use police powers, have authority to condition the location of gambling establishments
and determine where they should be situated in a community.
Human Resources
Department of Retirement Svstems tORS) request leGislation concerninG PERS 3:
Federal Way will support Department of Retirement Services (DRS) request legislation to give
employees in the PERS III program a yearly opportunity to adjust their own contribution rates.
Current law does not provide PERS III employees this flexibility, which is enjoyed by employees enrolled
in other retirement programs.
Mandates-Related Issues
Re-enact Version of SHB 2846 -Buildable Lands Inventories
This successful 2002 legislation called for repeal of buildable lands inventories in six of the state's
largest counties and the cities within them, unless the Legislature appropriated a specific funding level
to pay for the mandated inventories. The Governor vetoed SHB 2846, primarily because of his
opposition to specific funding levels instead of merely addressing sufficient funding. The AWC may try
to re-enact something similar to SHB 2846 in 2003,
Shorelines Rule
The Department of Ecology is nearing the end of negotiations with numerous interests on a shorelines
rule first promulgated in December 2000 but later invalidated in several areas by the state's Shorelines
Hearings Board. Should an amended rule be promulgated this year, the costs for shoreline updates
could be significant for fiscally-strapped local jurisdictions such as Federal Way. Further, the timelines
for shoreline updates are likely unrealistic and were not affected by the Legislature's modification of
GMA Comprehensive Plan and Critical Area timelines in ESSB 5841 from the 2002 Session.
Parks and Recreation
Protect capital fundinG and parks M&O needs: The City supports retaining and enhancing funding
for the Washington Wildlife Recreation & Parks (WWRP) program in the 2003-05 Capital Budget,
as this is a key source of funding for local parks and open-space projects. Additionally, while the City
has concerns over some measures to provide new parks M&O funding, Federal Way supports
dedicating a portion of county Conservation Futures funds to M&O needs.
Stormwater
Additional Flexibilitv and FundinG for ManaGinG Stormwater
Federal Way continues to discuss stormwater management and the NPDES Phase II program involving
stormwater controls with the State Department of Ecology. Municipal stormwater program managers
have forwarded a number of suggestions to DOE regarding funding and flexibility in managing and
controlling stormwater.
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Federal Way will support a legislative initiative that adequately incorporates these funding and
flexibility recommendations,
Telecommunications
Riqhts-of-Way Utility Relocation Issues
Federal Way will again join others in guarding against passage of legislative bills and amendments that
would require public agencies to pay utility relocation costs of private entities, or would otherwise
infringe on local authority to manage and control the use of the public rights-of-way.
Water-Sewer District Assumption
Authority for Cities to Assume Water-Sewer Districts
In previous sessions of the Legislature, though not in 2002, certain water and sewer districts have
sought to revise assumption laws in a way that would add cumbersome requirements to cities wishing to
assume existing water and sewer districts. While Federal Way is not imminently seeking to assume
water districts such as Lakehayen and, in fact, looks for opportunities to work in concert with the
Lakehaven Water District, the City does not want to see water-sewer assumption laws undermined,
Federal Way will work against water-sewer assumption laws that make these efforts more
difficult, cumbersome, and costly for cities.
Miscellaneous
Business License Fees
While legislation was not brought forward in 2002, the prior two legislative sessions saw attempts to limit
local taxing and fee authority in the area of business licensing and taxation.
Federal Way will join cities in strongly opposing such measures.
Liability protection for employee reference checks
The City expects a coalition of interests to pursue legislation providing liability protection to employers
who provide reference information on past, current, or prospective employees. In 2002, SB 5969 would
have provided such protection. Unless state law changes, most public agencies and private empioyers
will continue to fear liability exposure on employee reference matters, thereby continuing to provide only
the limited level of information that has been characterized as "name, rank, and serial number."
Federal Way supports legislation such as S8 5969.
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I City of Federal Wav 2003 LeQislative AQenda
Federal Issues
Sales Tax on CataloQs Mail-Order Sales E-Commerce
Federal Way supports congressional action allowing state and local governments to collect sales and
other applicable taxes from remote catalog and internet sellers. Past judicial decision and a federal
moratorium on internet taxation gives out-of-state retailers an unfair competitive advantage over locally-
based businesses. A sales tax simplification and streamlining project that involves 27 states, including
Washington, is designed to show Congress that uniform definitions and procedures can be used to
make the sales tax process as seamless as possible for "e-tailers." Federal Way supports this effort
by Washington and other states.
Community Development Block Grant
Federal Way supports full funding of the Community Development Block Grant program. In greater
Federal Way, CDBG funds support emergency services, public safety, and community-based
collaborations. Federal Way opposes efforts to cut CDBG funding and is pleased that the
Administration's proposed Fiscal Year 2003 budget kept level CDBG funding.
COPS & Local Law Enforcement Block Grants
Since their inceptions in 1994 and 1996, respectively, the COPS grants and Local Law Enforcement
Block Grants have been important sources of revenue for the City of Federal Way's public safety efforts.
The COPS Universal Hiring Program and COPS MORE programs provided roughly $2,3 million and 28
police officers to Federal Way's new police department. In addition, the city has received nearly
$500,000 from LLEBG, Federal Way supports maintaining federal COPS grants and Local Law
Enforcement Block Grants, which provide valuable public safety funding to cities. Similarly, the
City strongly opposes efforts in the U.S. House of Representatives to cut and consolidate COPS
and LLEBG funding, and appreciates steps being taken by the Senate to restore funding for
these programs.
Transportation EQuitv Act for the 21st Century (TEA-21)
Federal Way supports reauthorization of the Transportation Equity Act for the 21st Century
(TEA-21) and efforts to streamline the regulation of funded projects. In addition, the City will be
working with Congressman Adam Smith and the state's congressional delegation on inclusion of
important Federal Way/South County demonstration projects for the TEA-21 Reauthorization in 2003.
Land and Water Conservation Fund
Federal Way strongly supports full funding for the Land and Water Conservation Fund and its
stateside component to support the acquisition, construction, and repair of recreation and park
facilities. The City was pleased to see the Administration's proposed FY 2003 budget call for full
funding of LWCF and continuation of the stateside program.
Homeland Security FundlnQ
Federal Way supports funding for homeland security and is doing its part to keep local
communities as safe and secure as possible. However, the City urges Congress, in any measure
for provision of homeland security funds, to distribute those funds as directly as possible and to
consider funding for training and overtime costs that will occur.
Airport Communities Coalition
Federal Way seeks support and assistance from its congressional delegation in pressing for a
full and impartial review of Port of Seattle third runway project-related permits by federal
regulatory agencies.
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City of Federal Way 2003 Leaislative Aaenda
Legislative Policies
Home Rule
The City of Federal Way strongly supports the adoption of a constitutional home rule amendment that
would guarantee decision-making authority for local matters at the local level. The City also urges the
Legislature to refrain from enacting legislation that adversely impacts the concept of local self-
government or restricts the ability of cities and towns to exercise existing powers and authorities.
Broad-based Authoritv to Utilize Cost-Effective and Flexible Policies
Federal Way supports state legislative efforts to establish broad-based, cost-effective policies for local
government structure, financing, and service delivery systems, combined with adequate flexibility for
local governments to adapt their structures, finances, and service delivery systems to unique local
conditions, These efforts must be focused on eliminating duplicate services and preserving local control
over service delivery. The City also supports legislation that enhances local flexibility to address issues
of local concern.
OpPosition to Unfunded Mandates or Inadeauatelv Funded Mandates
As directed by provisions in Initiative 62 (RCW 43.135.060) and subsequent Initiative 601, Federal Way
strongly urges the Legislature, state agencies, and courts not to impose financial or operating burdens
on cities unless such mandates are accompanied by the full financial resources necessary to
accommodate compliance. The City opposes legislation which mandates increased local costs or which
results in an inappropriate diminution of local authority over local affairs.
Local Government Fundina and Tax Policv
Federal Way strongly supports the creation of a permanent, ongoing funding source to address the
needs of cities, counties, and other local government entities in the aftermath of the elimination of the
Motor Vehicle Excise Tax (MVET). The City also believes municipalities should be authorized to seek
voter approval for an excess property tax levy to fund debt service on capital facilities projects contained
in an adopted Capital Facilities Plan or Transportation Improvement Plan. The bonds would be unlimited
general obligations of the City and approved by a simple majority, Further, the City suggests that future
Legislatures examine the advisability of a policy that places a sales tax on infrastructure investments,
such as parks and cultural arts facilities. Finally, the City believes the state should be obligated ta share
sales tax non-remittance penalties with local governments, in the same manner that it distributes
collection of incoming sales tax.
Transportation
The City of Federal Way strongly believes the State of Washington must maintain primary responsibility
over the funding and maintenance of the state's transportation system, and that mechanisms such as
regional transportation financing should never be used as more than a supplement to the state system.
The City strongly supports ongoing local funding assistance and distribution in any state transportation
financing efforts, as well as funding of multipie modes of transportation. The transportation system must
operate as a whole, with each part of the system receiving equal funding focus
Economic Development Infrastructure, Parks Open Space
In an era when citizens are wary of increased taxes and fees, the City of Federal Way strongly supports
legislative initiatives that provide cities with increased economic development tools capable of growing
local economies and the local job base, thus providing increased revenue for local government
operations and key services. Federal Way believes that in structuring economic development
programs, the state should place equal emphasis on job retention and job creation, refraining from
policies that provide a preference for one over the other. The City also strongly supports legislative
initiatives and funding to protect and enhance parks and open space, and legislation that ensures
reliable and dependable funding for infrastructure in general. The Public Works Trust Fund (PWTF),
one of the state's best infrastructure funding sources, should be protected, not diverted, and should not
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be required to incur a legislative approval process that results in delays, missed construction windows,
and increased costs.
ESA Water Resources, Flood Prevention
The Endangered Species Act is essentially an unfunded mandate from the federal government In
addressing the ESA and specifying requirements for local governments, the state should provide
funding without exacerbating the unfunded mandate nature of ESA. Providing local governments with
meaningful input and flexibility to address their unique local conditions is also critical. Federal Way
supports continued state financial assistance for water supply, groundwater, stormwater, and surface
water facilities, which are important in complying with state and federal water quality standards, The
City also supports the authority of water districts to manage their systems, have the tools they need to
address current and future supply demands, and participate in regional planning as appropriate. Finally,
given the number of flood-prone areas in Federal Way, the City strongly supports and urges
comprehensive flood damage prevention planning accomplished at the local level as a partnership
among impacted cities, the county, state, and affected area interests. Each flood prone area is unique
and should be planned for accordingly.
Enerav & Telecommunication:
Federal Way strongly supports maintaining the authority of local governments to manage their publicly
owned rights-of-way, and opposes efforts to pre-empt or diminish that authority. The City supports
maintaining the requirement that private utilities bear the costs of relocating their facilities within city
rights-of-way, and that local governments may charge a fee to wireless telecommunications providers
seeking to locate facilities in rights-of-way. On electric industry deregulation, Federal Way supports
provisions to ensure service is available at affordable and reasonable prices, that providers pay their fair
share of taxes, and that local governments continue to manage industry facilities within the rights-of-
way. The City also urges that in any electricity deregulation, state law should require out-of-state
electricity providers to collect state and local utility taxes on services provided to in-state customers,
Land-Use and Permittina Issues Includina Growth Manaaement Shorelines, Critical Areas
Comprehensive Plans
The City of Federal Way endorses the Growth Management Act (GMA) as an essential and responsible
planning tool, and supports the land-use and permitting framework that includes the State
Environmental Policy Act (SEPA), local comprehensive plans, shoreline plans, and critical areas
ordinances. However, the GMA and other land-use requirements pose funding and timing challenges
for local governments. Federal Way urges the Legislature to assist local governments in meeting these
challenges by ensuring adequate and ongoing funding, providing sufficient time for refinements and
updates of plans, and coordinating, simplifying, and streamlining existing plans and Acts. One example
of simplicity and flexibility is to allow technical amendments to comprehensive plans more than once a
year. The City also believes in ultimately eliminating state-level shoreline use permits and elimination of
Boundary Review Boards as an outdated, obsolete function, Federal Way supports legislative initiatives
requiring Growth Management Hearings Boards to defer to local decisions, policies, and processes.
The City supports practical solutions to private property issues and disputes, including regulatory
reform, in a manner that does not alter the constitutional definition of takings, does not place an undue
financial burden on taxpayers, or diminish local governments' ability to protect the public health, safety
and welfare of their communities. Finally, the City supports legislative initiatives that ensure Forest
Practice permits issued within city limits or designated urban growth boundaries be subject to the same
local government review process now provided for consideration and issuance of Class IV Forest
Practice permits. Alternatively, cities should be allowed to adopt and enforce land clearing, significant
tree protection, and related issues for Class II and III forest permits.
Social and Human Services, Housina and Public Health
Federal Way supports maintenance and adequate funding of human service programs, including those
that may be delegated to the state from the federal government Any legislative action delegating
federal authority should ensure appropriate local government input into development of block grant
dispersal regulations or procedures and development of any new processes to assist or support low-
income, high-need populations. The City supports a dedicated capital and ongoing funding source for
affordable housing that is acceptable to developers, realtors, and state and local government Such
funding should be integrated into the larger social services system that supports families living in
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affordable housing. Federal Way also strongly supports continued state funding for public health
services, and believes County Boards of Public Health should provide representative seats for city
officials.
Youth Issues and Juvenile Offenders
Federal Way supports legislative initiatives that enhance funding to local governments to initiate and
expand youth services, especially for youth violence reduction programs, The City supports enhancing
the Department of Social and Health Services' (DSHS) ability to enforce day-care licensing
requirements, improve services for daycare providers, and ensure accessibility to child care for all
citizens, The City supports funding for programs designed to prevent child abuse and neglect. Federal
Way also supports efforts to make parents more accountable for children who are juvenile offenders,
and any initiatives to provider stronger sanctions for chronic, persistent offenders, as well as greater
court discretion to impose detention or secure treatment where warranted,
Law Enforcement. Criminal Justice Emeraencv Services
Federal Way opposes legislative initiatives to remove authority and discretion for local law enforcement
agencies to provide local and specialized services for their citizens. The City also opposes efforts to
transfer incarceration responsibilities from the state to localities without additional funding. The City
supports flexibility for police officers to enforce the state's laws anywhere in the state, better enabling
officers to assist with incidents outside a city's borders and easing liability concerns, Further, given
rising costs and increasing public demands in public safety and criminal justice, Federal Way strongly
supports legislative initiatives to assist cities and counties with full cost recovery for items such as
incarceration, driving while intoxicated (OWl) convictions, and witness costs. The City urges the state to
eliminate criminal justice funding grant applications, using a more direct funding approach. The City
also supports measures to strengthen DWllaws, such as defining a third offense as a 'felony'. Federal
Way supports court admissibility of radar speed-measuring devices. Federal Way strongly supports
maintaining and enhancing the emergency 911 system and opposes the unnecessary creation of non-
emergency communications systems suggested in the past, such as E-311.
Municipal Court Oversiaht and Local Authoritv
Federal Way appreciates the need to achieve greater efficiencies in the state's court system, but
strongly opposes any effort to eliminate local authority and budget/personnel oversight over Municipal
Courts that have been used to control costs and increase local flexibility, The City opposes any new
unfunded responsibilities placed on the local court system, and any initiatives that require increased
remittance of district and municipal court revenues to the state, Federal Way opposes efforts to place
new election and full-time-status requirements on part-time Municipal Court judges. The City supports
increased recognition of Municipal Court Commissioners, providing such Commissioners with the same
authority provided to Municipal Court judges. Federal Way further supports clarifying Municipal Court
authority to hold sessions outside of city limits under certain circumstances. Finally, Federal Way urges
legislative attention and focus to reducing local liability in operating misdemeanor probation and pre-trial
release programs.
Gamblina and Liauor Control Adult Entertainment and Retail
Federal Way supports legislative initiatives that provide cities with more direct involvement in the
commercial liquor license and card room application processes, along with enhanced public hearing,
public input, and written comment authority. Federal Wav ooooses the exoansion of non-Tribal
aamblina The City supports confirming local government zoning authority over the location within a
community of gambling establishments. The City supports the idea of model ordinance authority
consistent with provisions of adult entertainment ordinances upheld by the courts. Federal Way also
supports increased authority for local governments to minimize secondary impacts of adult retail
establishments by adopting strict requirements for location and hours of operation.
Public Works: Biddina, and Contractina:
Federal Way supports increasing the dollar threshold for small public works projects and exempting
such projects from the state's definition of public works projects. The City supports continued
streamlining and flexibility of laws and regulations governing the bidding process, including raising the
ceiling of small works roster projects. On recycling, Federal Way opposes legislative and other efforts
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to fund countywide solid waste by allowing counties to collect a fee directly from customers of city
franchisers.
Personnel Labor and ContractinalWaae Issues:
Federal Way supports civil service reform allowing cities to streamline hiring processes, diversify
workforces, and recruit, retain, terminate and reward employees. The City strongly supports changes to
the binding interest arbitration statutes, introducing factors such as a city's financial ability to meet
contract costs, local labor market conditions, and internal equity with other city employees, The City
also supports mandating final offer arbitration. Concerning prevailing wage, Federal Way supports
legislation clarifying that maintenance activities performed through contract are exempt from prevailing
wage requirements, as is maintenance work performed by regular employees.
General Government/Governmental Operations
Federal Way supports the rights of citizens to access the records and operations of their local
government, but urges that full cost recovery be allowed on records retrieval. The City supports
eliminating an outdated requirement that interlocal agreements be filed with county auditors, since
agreements are recorded with all governments that are signatory to such an interlocal. Federal Way
supports allowing advisory boards to provide analysis and input to City Councils an ballot propositions,
and recommends that cities be allowed to take a position on such propositions. The City further
supports standardizing voter registration maintenance costs to local governments in a manner that
accurately reflects the cost of maintaining such records.
Buildina Code Council
Federal Way supports continued State Building Code Council jurisdiction over building-related codes
and other codes now under its jurisdiction.
Tort Reform Issues:
Federal Way supports any legislative initiatives to clarify that a defendant should not be mandatorily
required to join all potential "at fault" entities into litigation or risk losing the ability to apportion fault to
the third party(s). Any move to the contrary would inappropriately shift the burden of proof from the
plaintiffs to the defendant in proving fault.
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I Citv of Federal Wav 2003 LeQislative AQenda
Index
This Index provides the reader with a sense of when the City adopted, amended, and updated items listed in its
legislative agenda and policy documents. The list is in alphabetical order:
State Issues
Adult Entertainment" support for model ordinance approach consistent with Federal Way's
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Adult Retail- support local authority to take steps to minimize secondary impacts
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Advisory Boards - clarify allowed to do analysislreview of ballot measures Adopted 9/99, placed in
Policy/Principles 9/02.
Affordable Housing - dedicated capital funding source
Amended 9/00, placed in Policy/Principles 9/02.
Annexation Law - legislative remedies needed in wake of Supreme Court decision
Placed in 2002 Legislative Agenda, 9/01; placed in "Support" section of Action Agenda, 9/02,
Assumption of Special Purpose Districts - oppose legislation that diminishes city authority
Amended 9/99, placed in "Support" section of Action Agenda, 9/02.
Binding Arbitration - support additional factors being incorporated into
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Boundary Review Boards (BRBs) - support elimination of
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Building Codes - adopt updated codes based on technical merit
Adopted 9/01, placed in "Support" section of Action Agenda, 9/02.
Building Code Council Jurisdiction
Adopted 9/99, Amended 9/01. Placed in Policy/Principles 9/02.
Business Licenses - oppose limits to fee authority
Adopted 9/01, placed in "Support" section of Action Agenda 9/02.
Card Room and Liquor Licenses Application Processes - greater local authority over and input into
Amended 9/99, 9/01, placed in Policy/Principles 9/02.
Child Care - support budget provisions to enhance DSHS licensing and oversight
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Child Abuse - support funding for programs to prevent child abuse and neglect
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles
9/02.
Civil Service Reform
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Comprehensive Plan, Shoreline, and Critical Areas Updates
Adopted 9/01, referenced in "Support" section of Action Agenda, 9/02.
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Comprehensive Plans - technical amendments to more than oncelyear
Included in 2002 Legislative Agenda document 9/01. Placed in Policy/Principles 9/02.
Countywide Recycling Programs - oppose counties collecting fee from customers of city franchisers
Included in 2002 Legislative Agenda document 9/01. Included in Policy/Principles 9/02.
Criminal Justice Funding Allocations - eliminate grant requirement for general fund account
allocations
Adopted 9/00, placed in Policy/Principles and "Support" Section of Action Agenda, 9/02 .
District and Municipal Court Judges - support legislation allowing counties to determine
appropriate number of District Court judges
Adopted 9/99, Amended 9/01, placed in "Support" section of Action Agenda 9/02.
Driving While License Suspended - support decriminalizing of 3rd-degree
DWLS
Place in "Support" section of Action Agenda, 9/02.
Drug Seizure Funding and Authority - oppose legislation to divert funds and
limit authority
Amended 9/01, placed in "Support" section of Action Agenda, 9/02.
DUI Laws - strengthen laws and cost recovery on expenses -
Amended 9/00, placed in 2002 Legislative Agenda document 9/01, placed in Policy/Principies 9/02.
Economic Development Funding Sources and Incentives
Amended 9/00, included in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action
Agenda and placed in Policy/Principles 9/02
Electronic Commerce - level tax system for e-commerce and non-electronic businesses
Adopted 9/99, placed in federal issues portion of document 9/02
Electric Industry Deregulation - ensure reasonable, affordable services available Amended 9/01,
placed in Policy/Principles 9/02,
Emergency Communications - support for 9-1-1, oppose any new E-311
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Empty Chair Defense
Included in 2002 Legislative Agenda document 9/01, Piaced in Policy/Principles under "Tort Reform," 9/02.
ESAISaimon Issues - funding needs, recognize varying conditions across state -Amended 9/00,
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Flood Damage Reduction - retain local discretion to consider uniqueness of different areas
Included in 2002 Legisiative Agenda document 9/01, placed in Policy/Principles 9/02.
Forest Permits - inside UGAs, should be subject to same review process now provided in
consideration and issuance of Class IV permits
Amended 9/01, placed in Policy/Principles 9/02.
Gamblina - onnosed to exnansion of non-Tribal
Adonted 11/02 and nlaced in "Active" and Policv/Princioles
Gambling Facility Zoning - clarify local authority
Adopted 9/99, placed in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action
Agenda 9/02.
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Growth Management Act - refinementslclarifications needed, time and money Amended 9/00, placed
in Policy/Principles and referenced in "Support" section of Action Agenda, 9/02.
Growth Management Act Hearings Boards - defer to local decisions
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principies 9/02,
Growth Management Act capital facilities planning - include special districts where appropriate
Included in 2002 Legislative Agenda document 9/01,
GMA Impact Fees - protect authority to collect at time of permit issuance Adopted 9/99, placed in
"Support" section of Action Agenda, 9/02.
Home Rule - strong support for
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Housing TargetslBuildable Lands - support objective criterialgoals, oppose break 20-year targets
into smaller intervals, hold cities responsible for housing market performance
Amended 9/00, placed in "Support" section of Action Agenda, 9/02.
Human Services - support funding
Included in 2002 Legislative Agenda 9/01, placed in Policy/Principles 9/02.
Incarceration - cost recovery for costs of
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Interlocal Agreements - not need to file with county auditor-
Adopted 9/00, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Job Creation and Job Retention - oppose legislation to give one economic development preference
over the other
Adopted 9/01, included in Legislative Agenda 9/02, Reflected in Policy/Principles under Economic
Development, 9/02.
Juvenile Offenders - support legislation to make parents more accountable for Included in 2002
Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Juvenile Offenders - stronger sanctions for chronic misdemeanor behavior Included in 2002
Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Land-Use Decisions and Permitting - support further streamlining, integration Included in 2002
Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Land Use, Private Property Dispute Resolution - practical resolutions to Included in Legislative
Agenda 9/01, placed in Policy/Principles 9/02.
Liquor Control Board - support performance audit of
Included in 2002 Legislative Agenda document 9/01.
Local Law Enforcement Authority - including over special services
Included in 2002 Legislative Agenda document 9/01, reflected in Policy/Principles 9/02.
Local Government Efficiencies
Added to "Support" Section of Action Agenda, 9/02.
Municipal Court Reform - support efficiencies, oppose mandate or reduced/eliminated Municipal
Court authority
Adopted 9/00, placed in 2002 Legislative Agenda document 9/01, placed in Policy/Principles, 9/02.
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Municipal Court Services - flexibly for inter-local agreements and contracting across jurisdictional
lines
Added to "Support" section of Action Agenda, 9/02.
MVET Funding Replacement - permanent/ongoing
Amended 9/99,9/00,9/01, placed in Policy Document and "Active" section of Action Agenda, 9/02
Municipal Court Judges and Commissioners - retain local authority and discretion, authority on
where to hold Municipal Court sessions, court revenues Adopted 9/99, Amended 9/01, placed in
"Support" section of Action Agenda and in Policy/Principles, 9/02, Court Revenues item adopted 9/99,
amended 9/01, placed in Policy/Principles 9/02.
Parks and Open Space - state funding support, exempt parks and cultural arts facilities from sate
and local sales tax
Amended 9/99, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
PERS III - Annual opportunity for employees to adjust their employee contribution rate. Placed in "Support"
Section of 2003 Legislative Agenda, 9/02.
Police Officer Jurisdiction - authority to enforce state's laws anywhere in state Amended 9/99,
included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Prevailing Wage - clarify to ensure contracted maintenance services not subject to
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Probation Liability - support legislation to reduce local liability in misdemeanor probation or pre-
trial release
Adopted 9/00, placed in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02,
Property tax - allow municipalities to use voted Excess Levy for Capital Improvement Bonds to fund
debt service
Amended 9/01, placed in Policy/Principles 9/02.
Public Disclosure Act Amendments - protect law enforcement personnel information
Adopted 9/99, Amended 9/01, place in Policy/Principles and in Action Agenda, 9/02
Public Health Funding - strong support for
Amended 9/01, placed in Policy/Principles 9/02,
Public Health Boards - city representation on
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02,
Public records - cost recovery for providing to public
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Public Works Bidding Procedures and Limits-
Amended 9/00, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Public Works Project - broaden definition and threshold for what is local project
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Public Works Trust Fund - support for, eliminate legislative approval requirement
Amended 9/99, 9/00, Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Radar Testimony - allow for admission in court of speed-measuring devices without additional
expert testimony
Adopted 9/99, included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
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Reference checks - limit employer liability for providing reference information on former, current,
prospective employees
Included in 2002 Legislative Agenda document 9/01, placed in "Support" section of Action Agenda 9/02,
Sales Tax Exemption for Parks and Cultural Arts Facilities Construction Amended 9/00, placed in
Policy/Principles 9/02.
Sales Tax Non-Remittance Penalties - local distribution
Adopted 9/99, placed in Policy/Principles 9/02,
Shorelines Management Act - integrate with comp plans, eliminate requirement for separate master
plans
Amended 9/99, placed in Policy/Principles 9/02.
Stormwater Funding and Flexibility
Added to "Support" Section of Action Agenda, 9/02.
Tax Collections - ensure they are imposed on out-of-state electricity providers supplying in-state
services
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02
Tax Increment Financing - support authority and streamlining of 2001 legislation
Amended 9/01, placed in "Active" section of Action Agenda, 9/02.
Tax Rollback/Expenditure Limitations to - oppose without consideration of local funding needs
Included in 2002 Legislative Agenda document 9/01, placed in "Active" section of Action Agenda and placed
in Policy/Principles, 9/02.
TelecommunicationslUtility Relocations - authority over local rights-of-way and to charge wireless
fees
Amended 9/99, 9/00, included in 2002 Legislative Agenda document 9/01, placed in "Support" section of
Action Agenda 9/02. Utility relocation provision amended 9/00, included in 2002 Legislative Agenda
document 9/01, placed in "Support" section of Action Agenda 9/02.
Transportation - state and regional transportation packages
Adopted 9/01, placed in "Active" section of Action Agenda 9/02.
Transportation - local transportation funding needs
Amended 9/01, placed in "Active" section of Action Agenda 9/02.
Unfunded Mandates Prevention
Amended 9/00, 9/01, placed in Policy Document and "Support" section of Action Agenda 9/02.
Voter Registration Maintenance fees- should be limited to actual cities' costs Included in 2002
Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Water Resource Management - support continued financial assistance, authority of suppliers to
manage for future water needs
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Youth Programs - funding for, especially in reduce youth violence
Included in 2002 Legislative Agenda document 9/01, placed in Policy/Principles 9/02.
Federal Issues
Catalog and Internet Taxation - support congressional action allowing states and localities to collect
sales tax on transactions
Adopted 9/01, placed in Federal Issues section of 2003 Legislative Agenda 9/02.
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Community Development Block Grants - support/protect funding for
Adopted 9/01, placed In Federal Issues section of 2003 Legislative Agenda 9/02.
COPS & Local Law Enforcement Block Grants - support/protect funding for Adopted 9/01, placed in
Federal Issues section of 2003 Legislative Agenda 9/02.
Homeland Security Funding
Added to Federal Issues list, 9/02.
Land and Water Conservation Fund - support full funding for
Adopted 9/01, placed In Federal Issues section of 2003 Legislative Agenda 9/02.
TEA-21 -- support funding, efforts to streamline projects, Federal Way demonstration projects
Adopted 9/01, placed in Federal Issues section of 2003 Legislative Agenda 9/02.
Third Runway and Airport Communities Coalition - support fulilimpartial review of Port of Seattle
project-related permits
Adopted 9/01, placed in Federal Issues section of 2003 Legislative Agenda 9/02.
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