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Council PKT 09-16-2003 Regular CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft minutes of the of the City Council regular meeting held on September 2, 2003. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RC~ requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on Septem[,er 2, 2003." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: REVISED - 05/10/2001 APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL Ct 1sT reading Enactment reading ORDINANCE Ct RESOLUTION Ct FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 2, 2003 - 7:00 p.m. Regular Meeting Minutes CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:04 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Deputy Mayor McColgan led the flag salute. III. PRESENTATIONS a. Arts Commission/Certificates of Appointment Councilmember Linda Kochmar was pleased to present the certificate of appointment to Ted Nelson. b. Life Saving Award Presentation/Public Safety Chief Kirkpatrick presented the life saving award to Officer Sean Gotcher. Officer Gotcher is credited with making a split second life and death decision to subdue a dangerous individual who had been in pursuit through 2 neighboring jurisdiction, therefore saving his own and other officer's lives. c. Ceremonial Swearing-In/Police Officers Chief Kirkpatrick was pleased to announce and introduce the three new Police Officers being sworn in tonight. City Clerk Chris Green administered the oath of office to Officer Brian Bassage, Officer Pamela Schmidt, and Officer Sierra Scheyer. Ms. Green congratulated the new officers. Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 2 of lO d. Limited Commission Certificates/Public Safety Chief Kirkpatrick introduced and presented Limited Commission certificates to PSO Kim Lawrence, PSO Jason Wilson, PSO Darlene Deyo, and PSO Oscar Villanueva. e. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce and introduce Angelina Allen- Mpyisi, who has joined the city as our new Human Services Manager in the Community Development Department. f. Emerging Issues/City Manager City Manager David Moseley announced there were no emerging issues to discuss at tonight' s meeting. IV. CITIZEN COMMENT Janelle Massingill and Roy Baynell spoke to Council in opposition to the Oversized Vehicle ordinance on tonight's agenda. Peter Townsend, spoke in favor of the new Community Center, but would like to see it funded through the current budget. Jim Ferrell, supports the community center and asked the Council to look into negotiations between the local health club Bally's Total Fitness. He also distributed a letter to the Council from Ballys. H. David Kaplan, spoke in reference to the previou~ speaker noting discussion has already occurred regarding this location, noting the age of the building and its size make it a less desirable option. CONSENT AGENDA eo Minutes/August 2, 2003 Regular Meeting -Approved Vouchers -Approved Monthly Financial Report-Approved Council Bill #327/Correction to Ordinance No. 03-443/Design Guidelines & Definition of Height (FWCC Sec 22-635, Churches, etc) -Approved Ordinance tt03-448 Pre-Disaster Mitigation Program Competitive Planning Grant/Public Notice of Application-Approved $o 320th St Utility Underground Conversion Agreement with PSE-Approved Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 3 of lO jo Dumas Bay Restoration Project-Approved Grandview Park Off-Leash Area Development Agreement-Approved Silver Lake Neighborhood Traffic Safety (NTS) Project/16th Ave SW- Approved Grant Funding Applications/Transportation Improvement Pro.iects- Approved 51st Ave SW Storm Mainline Replacement (Crestview Shoreclub)/30% Design Approval & Authorization to Proceed to 100% Design-Approved COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VI. PUBLIC HEARING a. Request for Street Vacation of Portion of Puget Sound Marine View Drive Mayor Burbidge read into the record the procedures to be followed for the Public Hearing and opened the hearing at 7:30 p.m. · Staff Report Public Works Street Systems Manager Marwan Salloum gave a brief staff report, updating Council on the street vacation request. · Citizen Comment Brad McHenry, (applicant) gave background testimony to Council and spoke in favor of the street vacation. Debbie Young, John Reinkens, and Vince Chaijarden, spoke in favor of the street vacation request. Mary Ann Sharp, spoke in opposition to the street vacation request. Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 4 of lO City Council Deliberation/Direction Council discussed the street vacation request. Mayor Burbidge closed the public hearing at 8:02 p.m. COUNCILMEMBER FAISON MOVED DENIAL OF THE REQUEST FOR STREET VACATION OF A PORTION OF PUGET SOUND MARINE VIEW DRIVE; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey no McColgan no Faison yes Park yes Gates yes b. Community Center Facility Mayor Burbidge read into the record the procedures to be followed for the public hearing and opened the hearing at 8:07 p.m. · Staff Report Parks, Recreation, Cultural Services Director Jennifer Schroder gave a brief update to Council regarding the Community Center Facility. · Citizen Comment Harry Schreiber, Joann Piquette, C.T. Purdom, and H. David Kaplan spoke in support of the community center. Steve McNey spoke asking Council to consider possible loss of business to local athletic clubs by the community center. · City Council Discussion/Potential Action Mayor Burbidge closed the public hearing at 8:35 p.m. COUNCILMEMBER KOCHMAR MOVED TO AUTHORIZE THE CITY MANAGER TO PROCEED INTO SCHEMATIC DESIGN FOR A COMMUNITY CENTER THAT IS 77,540 TOTAL SQUARE FEET WITH A BUILDING BUDGET OF $17.7 MILLION, THAT INCLUDES THE FOLLOWING PROGRAM ELEMENTS-LARGE COMMUNITY ROOM, CLASSROOMS, 6-LAP SWIMMING POOL, LARGE LEISURE POOL, 3-COURT GYMNASIUM, CLIMBING WALL, Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 5 of lO FITNESS AREA, PRE-SCHOOL ROOM, SENIOR LOUNGE, CAFI~', GAME AREA, AND RELATED SUPPORT AREAS; COUNCILMEMBER DOVEY SECOND. Councilmember Park noted although he supports the community center, he would like to see an all-inclusive motion. COUNCILMEMBER FAISON MOVED A FRIENDLY AMENDMENT TO AUTHORIZE THE CITY MANAGER TO PROCEED INTO SCHEMATIC DESIGN FOR THE EXTENSION OF SOUTH 333RD STREET THROUGH CELEBRATION PARK TO 9m AVENUE SOUTH WITH A PROJECT BUDGET OF $1 MILLION TO BE PARID FOR FROM THE ARTERIAL STREET FUND; COUNCILMEMBER KOCHMAR ACCEPTED THE FRIENDLY AMENDMENT. Councilmember Park noted he would like to see a motion that includes the funding sources, program elements, and related contingency funds included in the motion. COUNCILMEMBER FAISON WITHDREW HIS FRIENDLY AMENDMENT. COUNCILMEMBER KOCHMAR WITHDREW HER MAIN MOTION. COUNCILMEMBER KOCHMAR MOVED TO AUTHORIZE THE CITY MANAGER TO PROCEED INTO SCHEMATIC DESIGN FOR A COMMUNITY CENTER THAT IS 77,540 TOTAL SQUARE FEET WITH A BUILDING BUDGET OF $17.7 MILLION, THAT INCLUDES THE FOLLOWING PROGRAM ELEMENTS-LARGE COMMUNITY ROOM, CLASSROOMS, 6-LAP SWIMMING POOL, LARGE LEISURE POOL, 3-COURT GYMNASIUM, CLIMBING WALL, FITNESS AREA, PRE-SCHOOL ROOM, SENIOR LOUNGE, CAFI~', GAME AREA, AND RELATED SUPPORT AREAS; MOVED TO AUTHORIZE THE CITY MANAGER TO PROCEED INTO SCHEMATIC DESIGN FOR THE EXTENSION OF SOUTH 333RD STREET THROUGH CELEBRATION PARK TO 9TM AVE SOUTH WITH A PROJECT BUDGET OF $1 MILLION TO BE PAID FOR FROM THE ARTERIAL STREET FUND; MOVED TO AUTHORIZE THE CITY MANAGER TO PREPARE A BOND ORDINANCE FOR THE PROJECT FINANCING OF THE COMMUNITY CENTER IN THE AMOUNT NOT TO EXCEED $15 MILLION; AND FURTHER MOVED TO ESTABLISH A PROJECT CONTINGENCY AMOUNT OF 10% OF THE TOTAL PROJECT; COUNCILMEMBER FAISON SECOND. Councilmember Park noted there is still a funding gap and would like to see where the additional funds are coming from. COUNCILMEMBER GATES MOVED TO AMEND THE MAIN MOTION TO FUND THE GAP BY THE UNALLOCATED GENERAL FUND FROM 2002 YEAR Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 6 of lO END, BALANCE 1.4 MILLION AND ADDITIONAL REET COLLECTION IN 2003 ESTIMATED AT $1 MILLION; COUNCILMEMBER FAISON SECOND. Council discussed and decided to direci, only ~ ~'¢ amount needed as this amendment more than covers the gap. :" COUNCILMEMBER GATES WITHDREW HER AMENDMENT. COUNCILMEMBER GATES MOVED TO AMEND THE MAIN MOTION TO FUND THE GAP BY $700,000 IN UNALLOCATED GENERAL FUND 2002 YEAR END AND $1 MILLION FROM THE 2003 REET COLLECTION; COUNCILMEMBER DOVEY SECOND. Councilmember Dovey asked to have the balance of the gap be funded by the undetermined amount coming from the 2003 REET collection, and any remaining balance if needed come from the unallocated 2002-year end general fund. COUNCILMEMBER GATES WITHDREW HER AMENDMENT. COUNCILMEMBER GATES MOVED TO FUND THE GAP WITH ADDITIONAL REET COLLECTION IN 2003, SUPPLEMENTED BY UNALLOCATED 2002 YEAR END GENERAL FUND TO EQUATE THE DIFFERENCE BETWEEN THE BOND FUNDS, THE $17.7 MILLION BUDGET, THE ROAD FUNDS, AND THE CONTINGENCY FUND;COUNCILMEMBER FAISON SECOND. The amendment passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes The main motion as amended passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VII. INTRODUCTION ORDINANCES a. Council Bill #328/Speed Limit and Parking Code Revisions AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 15, Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 7 of lO SECTIONS 15-59, 15-96, AND 15-97 RELATED TO SPEED LIMIT SCHEDULE AND PARKING LIMITATIONS AND RESTRICTIONS WITHIN THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 00-364, 90-47, 90-42) COUNCILMEMBER FAISON MOVED COUNCIL BILL #238/SPEED LIMIT AND PARKING CODE REVISIONS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON SEPTEMBER 16, 2003; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes b. Council Bill #329/Oversized Vehicles AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) COUNCILMEMBER FAISON MOVED COUNCIL BILL #329/OVERSIZED VEHICLES TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON SEPTEMBER 16, 2003; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed 6-1 as follows: Burbidge yes Kochmar yes Dovey no McColgan yes Faison yes Park yes Gates yes c. Council Bill #330/Changes to Neighborhood Business Zoning Charts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) COUNCILMEMBER FAISON MOVED COUNCIL BILL #330/CHANGES TO NEIGHBORHOOD BUSINESS ZONING CHARTS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON SEPTEMBER 16, 2003; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes Federal Way CitY Council Regular Meeting Minutes September 2, 2003, Page 8 of lO VIII. CITY COUNCIL REPORTS Councilmember Gates reported on upcomin; regional meetings and reported on various Sound Transit issues. She noted the Federal .Way 'rransit Center received $2.5 million in additional funds from the federal government, and added she attended along with Deputy Mayor McColgan, Sound Transit's Tacoma Link Light Rail opening. Councilmember Kochmar thanked everyor/e involved with the Federal Way Festival Days including one of the major contributors Pacific Coast Ford. She noted it was a smashing success! She announced the next meeting of the Parks/Recreation/Human Services/Public Safety Committee meeting would be September 8th at 4:00 p.m. Councilmember Park also thanked staff and those involved in the Federal Way Festival Days. He noted both Sister Cities were in attendance, and noted it was an exceptional way to promote the Sister City relationships with both cities. He announced the next meeting of the Finance/Economic Development/Regional Affairs Committee has been postponed from its regular meeting date to September 30th at 4:00 p.m. Councilmember Dovey also noted the Federal Way Festival Days was a success! He noted his appreciation to Public Works Director Cary Roe and his staff on the attractiveness of 320th street, as he had the unique opportunity to view while walking it in the parade. Councilmember Faison noted he would be attending various regional meetings and announced the next meeting of the Land Use/Transportation Committee has been rescheduled to a date uncertain at this time. Deputy Mayor McColgan noted the Lodging Tax Advisory Committee would be meeting this Friday, September 5th instead of their usual date. He noted grant applications are now available for events in the city that r~,re tourism related or which would increase tourism in the city. He advised people to go tothe city's website or contact Patrick Doherty for more information. Mayor Burbidge thanked all city staff, organizers, and volunteers for a wonderful Festival Days event again this year! She also thanked staff that arranged the Sister City visits during the festival. She noted various upcoming regional meetings and community events. IX. CITY MANAGER REPORT City Manager David Moseley thanked all city staff who worked on the Federal Way Festival Days- it was a great success. He noted a special thank you to staff members Donna Hanson, Kurt Reuter, Mary Kate Martin, Jennifer Teeler and Kimberly Paterno for their Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 9 of lO assistance in the planning of the event. He also thanked jason Suzaka, Derek Matheson, Natalie Rees, and Patrick Briggs for their work on the Sister City visits. Mr. Moseley reported on the City Hall project. He noted design work on the new City Hall continues on schedule. He expects to reach 60% design in late October, in which Council will be updated and given the opportunity for feedback. He noted SR99 Phase I construction work has been completed, and noted the landscaping would soon be competed as well. Phase II roadwork will continue with re-striping being done at night between 7:00 p.m. and 6:00 a.m. City Manager David Moseley was pleased to report on the recent Go Carts! project that netted approximately 200 shopping carts from various parts of the city. He thanked Kathy McClung for her leadership on this very successful project. He also reminded Council for the need for an executive session for the purpose of discussing Potential Litigation pursuant to RCW 42.30.110(1)(i), for approximately twenty-five minutes with no action anticipated. EXECUTIVE SESSION At 9:35 p.m. Mayor Burbidge announced the Council would be recessing into Executive Session for the purpose of discussing Potential Litigation pursuant to RCW 42.30.110(1)(i) for approximately twenty-five minutes. Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) A quorum of Councilmembers returned to Chambers at 10:00 p.m. COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES OF ORDER TO EXTEND THE REGULAR MEETING PAST 10:00 P.M.; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Dovey yes McColgan yes Faison yes Gates yes Assistant City Manager Derek Matheson announced Executive Session would be extended an additional 10 minutes. Council returned to Chambers at 10:08 p.m. XI. ADJOURNMENT Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 10 of 10 There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 10:08 p.m. Stephanie Courtney Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA BILL- SUBJECT: Speed Limit and Parking Code Revisions CATEGORY: j~ CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated August 4, 2003 and Ordinance amend/ng FWMC Chapter 15. SUMMARY/BACKGROUND: As part of a traffic calming plan that was developed as mitigation for Todd Bern ncr High School, a desire to reduce the speed limit on 16th Avenue S and S 364th Way was identified in the vicinity of the high school. In addition, upon review of existing code language, staff discovered that 1st Avenue S between S 296th 'lace and the north city limit was not posted with a speed limit consistent with the code. The City Council has aut ~ority to determine all speed limits in Federal Way, except on state highways where the Washington State Trans ~ortation Commission has sole authority. Streets not explicitly defined in the code default to the state maximum speed lirn t, which is 25 mph on city streets. Staff also discovered that parking restrictions had not been administered consistent w Ih code. Many locations have been administratively posted as "no parking" zones without Council authorization, and Co~ mcil has not delegated that authority to staff. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 4, 2003 meeting, th Land Use/Transportation Committee recommended Section 15-59 be amended to: · Reduce the speed limit on 16th Avenue S between S 356th Street and S 364th Way and on S 364th Way ,etween 12th Avenue S and 16th Avenue S be reduced from 35 mph to 30 mph; · Reduce the speed limit on 1st Avenue S between SW 292nd Street and S 296th Place from 30 mph to 25 ml:h. · Sections 15-96 and 15-97 be replaced with language that delegates the authority to determine parking re,, trictions to the Public Works Director. PROPOSED MOTION: "I move the proposed Ordinance to second reading and approval at the next regular me eting on September 16, 2003." CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: August 4, 2003 Eric Faison, Chair Land Use and Transportation Committee Rick Perez, City Traffic Engineer ~ ~e~ ~i -M~~mit and Parkl. ng caog~i Revisions BACKGROUND Speed Limit Ordinance As part of a traffic calming plan that was developed as mitigation for Todd Beamer High School, a desire reduce the speed limit on 16th Avenue S and S 364th Way was identified in the vicinity of the high school. In addition, upon review of existing code language, staff discovered that 1 st Avenue S between S 296th Plac and the north city limit was not posted with a speed limit consistent with the code. The City Council has authority to determine all speed limits in Federal Way, except on state highways whe~ the Washington State Transportation Commission has sole authority. Streets not explicitly defined in the cod default to the state maximum speed limit, which is 25 mph on city streets. Parking Restrictions Staff also discovered that parking restrictions had not been administered consistent with code. Many locatior have been administratively posted as "no parking" zones without Council authorization, and Council has m delegated that authority to staff. ANALYSIS Speed Limit Ordinance The federal Manual on Uniform Traffic Control Devices, adopted by the city in FWCC Section 22-1476, lis the following criteria for determining appropriate speed limits: 1. Road surface characteristics, shoulder condition, grade, alignment, and sight distance; 2. The 85th percentile speed and pace speed; 3. Roadside development and culture, and roadside friction; 4. Safe speed for curves or hazardous locations within the zone; 5. Parking practices and pedestrian activity; 6. Reported accident experience for a recent 12-month period. Another criterion that staff would consider is consistency with speed limits on similar streets. k:\lutcX2003\0804 speed limit and parking code revisions.doc The Institute of Transportation Engineer's Traffic Engineering Handbook prohdes the following rationale a~ guidance for setting speed limits: · Proper use of speed regulation is based on the recognition that lower speed reduces stopping distanc(~s and generally reduces severity of accidents. Speed regulations and speed limits are intended to supplement motorists' .judgment in determining speeds that are reasonable and proper for particular traffic, weather, and roadway conditions. · However, if drivers do not consider speed regulations to be reasonable, the limits will be disobeyed and lose much of their value. · The more a driver deviates from the average speed of traffic, the greater his or her chance ofbein involved in an accident. · The 85th percentile speed as determined by speed studies is a principal factor to be used in t] determination of proper speed limits. It is generally assumed that 85% of drivers operate at speeds th. it are reasonable and prudent for the conditions present in each situation. Hence, the 85th percenfi e speed of a spot-speed distribution is afirst approximation of the speed zone that might be impose. 1, subject to consideration of other factors, as listed above [citing MUTCD criteria]. In considering speed limit revisions, it may also be useful to consider the experience of the previous change: n speed limits, adopted in Ordinance 00-364. Staff conducted follow-up studies approximately one year after t~.e implementation of the new speed limits on S 304th Street between SR-99 and Military Road S, 23~d Avenue S between S 312th SWeet and S 317th Street, SW 342nd Street between 35th Avenue SW and Hoyt Road SW, ar d SW 356th Street between 1St Avenue S and 20th Avenue SW. Data are shown in the tables below: S 304th Street: SR-99 - Military Rd S "~'kr'q~i~fer.'t~~:'>:''~' :'s~','~'~'!i_. ~:~i~!h': :~. "~'{?'1 ....... ~ ..... ' '..1 ..... ' ~' ''~'. ......" .... ' ~ ...~"_'[' '"~" Speed Limit 35 30 85th percentile speed 42 42 10 mph pace speed 35-44 35-44 % in pace 73% 71% Collision Rate per million vehicle miles18.00 (1994-1996) 35.50 (2001-2002) Collisions per year 15.00 29.50 23rd Avenue S: S 312th Street - S 317th Street Speed Limit 30 25 85~ percentile speed 34 35 10 mph pace speed 23-32 27-36 % in pace 58% 72% Collision Rate 10.74 13.10 Collisions per year 6.67 7.5 k:\lutcX2003\0804 speed limit and parking code revisions.doc SW 342nd Street: 35th Avenue SW - Hoyt Rd SW Speed Limit 35 25 85th percentile speed 37 42 10 mph pace speed 27-36 27-36 % in pace 66% 62% Collision Rate 1.44 0.90 Collisions per year 1.67 0.50 SW 356th Street: 1st Avenue S - 20th Avenue SW · Parameter :~.i· :i~':.:' '.'.;.: ,' .......... %~'~'~".:. '~"~l'~Before ,." ~".~'.',...' "t~'g~?"q~:?..~4 Speed Limit 35 40 85th percentile speed 43 43 10 mph pace speed 3544 3544 % in pace 80% 84% Collision Rate 2.88 1.24 Collisions per year 16.33 7.00 In general, this analysis finds that the results of changing speed limits are consistent with traffic engineeri~ experience and contrary to normal public expectations. Speeds did not change significantly whether the spe~ limit was raised or lowered, and in fact, safety was increased significantly only when the speed limit was rais~ closer to the 85th percentile speed. It should be noted that the collision experience after the speed limit w~ lowered on SW 342na Street is also influenced by the installation of two speed humps in 2001. Analysis of the proposed changes follows. 16th Avenue S and S 364th Way between S 356th Street and 12th Avenue S Both these streets a two-lane principal collector with a posted speed limit of 35 mph. The cross-section vari, from curb, gutter, and sidewalk on one side and ditch and shoulder section on the other side to ditch sectio~ on both sides. The horizontal alignment is straight, except for the curve at 16th Avenue S and S 364th Wa, which was reconstructed to current standards for 30 mph design speed as part of the frontage improvements f~ the high school. The vertical alignment restricts sight distance at the intersection of S 359th Street and north of S 364th Way, which are adjacent to roundabouts installed as mitigation for the high school. A spec table was also installed midway between the roundabouts as part of the traffic calming plan. Comprehensive plan designations are for medium-density single-family residential south of S 359~ Stree multi-family to the east north of S 359th Street, and Business Park to the west. The 85th percentile speed 30 mph. The 10 mph pace is 23 to 32 mph with 70% within this range. There is little parking activity in roadway shoulders. Although there is limited pedestrian activity, it is assumed that this will increase with tl~ opening of the high school. In 1997 through 2002, the corridor collision rate is 12.17 collisions per millio vehicle miles, compared to a citywide average for principal collectors of 11.53. A high collision intersection located at S 359th Street with a collision rate of 1.05, which appears to be related to a sight distance restrictie and should improve with the installation of the roundabout. Given the expected increase in pedestrian traffic, and that the existing speeds are consistent with a lower spec limit, staff recornmends reducing the speed limit from 35 to 30. k:\lutcX2003\0804 speed limit and parking code revisions.doc ~g ~,d ~,d tS 1st Avenue S between S 296th Place and the north city limits 1st Avenue S is a two-lane principal collector with a posted speed of 25 mph, even though existing coz identifies the speed limit as 30 mph. Shoulders are surfaced with a combination of gravel and asphalt concrel with a steep grade and a horizontal curves with a design speed of 35 mph. The 85th percentile speed is 32 mt and the 10 mph pace speed is 23 to 32 with 77% of drivers in this range. The roadside is lightly developt with single-family residential. Several driveways veer off the street at acute angles due to the ste{ topography, creating sight distance problems at these driveways. There is no on street parking, and pedestri~ use is light, and there are no designated safe walking routes to schools, but there are bus loading zones 1st Avenue S. The corridor collision rate is 1.83 collisions per million vehicle miles, compared to a citywi~ average of 11.53 for principal collectors. There are no high collision rate intersections on this segment 1st Avenue S. Staffdiscovered that the posted speed limit on this segment of 1st Avenue S is 25, but the existing code langt specifies a 30 mph speed limit. Due to the sight distance restrictions at driveways and low existing collision staff recommends that the existing speed limit signing be codified to 25 mph. Parking Restrictions Staffhas found that the existing language specifying each parking restriction in the City has not been kept cur and staff has administratively signed additional no parking zones without Council process. Note that the c language has not been amended since its initial adoption in 1990. Given the number and detailed, site-spec nature of parking restriction requests, staff recommends that the authority to designate parking restrictiom delegated to the Public Works Director. RECOMMENDATION Attached are the draft code revisions that would implement staff recommendations. Staff recommends that 1. Section 15-59 be amended to: a. Reduce the speed limit on 16th Avenue S between S 356th Street and S 364th Way and on S 3~ Way between 12 Avenue S and 16 Avenue S be reduced from 35 mph to 30 mph; st nd th b. Reduce the speed limit on 1 Avenue S between SW 292 Street and S 296 Place from 30 to 25 mph. 2. Sections 15-96 and 15-97 be replaced with language that delegates the authority to determine park restrictions to the Public Works Director. APPROVAL O.F COMMITTEE REPORT: C6rfin~tee Chair ~ '"'~ ~hun'it~e..~.Mq~lJe~r c~mittee Member RP/ss cc: Project File Day File k:\iutc\2003\0804 speed limit and parking code revisions.doc [e [e )f age tte, :nt, )de ific be lth )h ~g ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 15, SECTIONS 15-59, 15-96, AND 15-97 RELATED TO SPEED LIMIT SCHEDULE AND PARKING LIMITATIONS AND RESTRICTIONS WITHIN THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 00-364, 90-47, 90-42) WHEREAS, the City Council for the City of Federal Way has determined that there should be regulation of the speed of vehicles using the City streets, roads and highways; and WHEREAS, the City Council for the City of Federal Way has determined that there should be regulation of parking of vehicles on City streets, roads and highways; and WHEREAS, the construction of the Todd Beamer High School has changed traffic conditions and increased traffic volume; and WHEREAS, discrepancies between speed limits and parking restrictions posted and codified have been identified; and WHEREAS, this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Speed Limits. The Federal Way City Code, Chapter 15, Article III, Section 15-59 Schedule is hereby amended as follows: ORD # ., PAGE 1 15-59 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The city manager shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this article. (1) Speed limit 30 mph. No person shall operate a motor vehicle upon the following desCribed roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. 11 th Place South, between South 320th Street and South 324th Street. 16"' Avenue South, between South 356th Street and South 364th Way. 23rd Avenue South, between South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South 364t!: 324th Street, between 1 lth Place South and 23rd Avenue South. South 364th Way, between 12th Avenue South and 16th Avenue South. Southwest 356th Street, between 20th Avenue Southwest and Pierce County. (2) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: 1 st Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and SoUth 364th Way. ORD # ., PAGE 2 16th Avenue South, between South Dash Point Road and Pacific Highway South, between Pacific Highway South and 10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21 st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28th Avenue South, between South 304th Street and South 317th Street. South 288th Street, between Pacific Highway South and F.A.I. #5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. South 317th Street, between 28th Avenue South and 23rd Avenue South. South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.I.//5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between 1st Way South and Weyerhaeuser Way South. Southwest 336th Street, between 21st Avenue Southwest and 26th Place Southwest. Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street, between Weyerhaeuser Way South and 1500 feet east of Weyerhaeuser Way South. Southwest 344th Street, between 21 st Avenue Southwest and 35th Avenue Southwest. South 348th Street, between 1 st Avenue and Pacific Highway South. South 356th Street, between 1st Avenue South and 16th Avenue South. ORD # , PAGE 3. South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific HighWay South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Ho~ Road Southwest, be~een Southwest Dash Point Road and Pierce County. Milton Road South, be~een Enchanted Par~ay South and South 369th Street. Redondo Way South, be~een South Dash Point Road and the South 284th Street (if extended). Southwest Campus Drive, be~een 1 st Avenue South ~d 21 st Southwest. South St~ L~e Road, be~een South 272nd Street ~d Milita~ Road South. Weyerhaeuser Way South, be~een South 320th Street and South 349th Street. (3) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, be~een 21 st Avenue Southwest and 1,000 feet west of 1 st Avenue South ~d be~een F.A.I. ~5 ~d 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, be~een 1 st Avenue South and 20th Avenue Southwest. Milita~ Road South, F.A.I. ~5 at South St~ L~e Road and F.A.I. ~5 at South 307th Street (if extended). (Ord. No. 90-29, ~ 4, 2-13-90; Ord. No. 93-177, ~ 1, 6-1-93; Ord. No. 96-259, ~ 1, 1- 2-96; Ord. No. 00-364, ~ 1, 2-15-00) ORD # , PAGE 4 Section 2. Parking Limitations. The Federal Way City Code, Chapter 15, Article IV Division 2, Section 15-96, is hereby amended as follows: 15-96 ~,~ua,:,~.4L. ,,,,,,,,,,.,, ,,,-* ,,,,~n tlmesAuthority to Impose Limitations. ................... , ....... . ........................... o ............ vewav The public works director has the authority, with respect to public highways, streets, roads and thoroughhres under d~e city's jurisdiction, to prohibit or limit the times that on-street parking is to be legally pemfitted. (Ord. No. 90-42, ~ 1, 2-27-90; Ord. No. 90-47, ~ 1, 3-20-90) ORD # , PAGE 5 Section 3. Parking Signs. The Federal Way City Code, Chapter 15, Article IV Division 2, Section 15-97, Signs, is hereby amended as follows: (2) Othfh DI~ SW IAAal~;Aa. . l~an,',h DanAI h,o. fh c.;Aa~, tC'r,-x~a +! ..... ~41 .... + ; ....... ,q-l~ ~£ k-,/ , _, ..... ~, ..... , ........... ~, ........... , ....... , ....... ,,, ........... ent e public works director detem~incs parking restrictions are necessary, pursuant to FWCC 15-96, he or she shall erect, or cause to be erected and maintained, signs designating the parking restrictions. No such linfitations shall be effective tmless signs are in place. In no other case shall enforcement and effectiveness of this division be conditioned on signage. (Ord. No. 90-42, § 2, 2-27-90) Section 4. Severabilit¥. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # ., PAGE 6 Section 6. 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. 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\Chapter 15 072403 ORD # ., PAGE 7 MEETING DATE: September/, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# SUBJECT: AMENDMENTS TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 22 (ZONING), ART] CLE XIII, CATEGORY: ~ CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Proposed Ordinance with Exhibit A. 2) July 29, 2003, Memorandum to the Land Use/Transportatic n Committee (LUTC) with Exhibits 1-4.3) Exhibit B - LUTC's amendment to Planning Commission's recommendations· SUMMARY/BACKGROUND: Over the years, the City's Code Compliance Officer has received many complaints frm a citizens regarding the parking of oversized commercial vehicles on lots within residential zones· However, the limitations of the lang ~age in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division l 1, "Vehicles and Boats," concerning oversize vehicles [ :ave created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. The purpo ,e of this revision is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot, yet acc ommodate to an appropriate extent vehicles normally associated with a residence. The Planning Commission conducted a public hearing c n July 16, 2003, and recommended to the council that the amendments as proposed by staff be approved with one change to allow com x~ercial vehicles on residentially zoned lots pursuant to Process III approval (Page 2 of Exhibit 2 of July 29, 2003, Memorandum to he LUTC). CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the Planning Commission's recon.mendations during a public meeting on August 4, 2003. At that meeting, the LUTC made a motion to forward the Planning Commission's recommendations to the City Council with one additional amendment intended to clarify the definition of commercial vehicl ~ by including a reference to any non-motorized trailer or other method of conveyance used for commercial purposes in the proposed defini fion (this language is shown in small caps and bold on attached Exhibit B). PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments concerning oversized vehicl{..s, which are attached as Exhibit A to the proposed ordinance to second reading and enactment on September 16, 2003." CITY MANAGER APPROVAL~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL it '~'::~(' ~ [] DENIED 1sT READING 1TABLED/DEFERRED/NO ACTION ENACTMENT READING MOVED TO SECOND READING (ordinances only) ORDINANCE # · , . - RESOLUTION# 152003 Code An'fendments\Oversize Vehicles\City C{~.~/nci1\090203 AGENDA BJZI.~doc/08/25/2003 10:55 AM CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICL XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to ad. a new definition of commercial vehicles and clarify under what conditions they are allowed on lots In residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these c~de amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council with ~ne change to allow commercial vehicles on lots in residential zones based on a Process III review approval; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council consi& these code amendments on August 4, 2003, following which it recommended adoption of the amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to adding a ',w definition of commercial vehicles and clarifying under what conditions they .are allowed on in residential zones are consistent with the intent and purPose of FWCC Chapter 22 to provide for and promote the health, safety, and welfare of the general public. Ord No. 03 - , Page ! Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORD, AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Fe& Way finds that the proposed code amendments will protect and will not adversely affect the public hea safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of I_ with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implemen the Comprehensive Plan concept to preserve and enhance existing residential neighborhoods. and 3. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-relat. accidents. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detract from the neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A Section 4. Severability. The provisions of this ordinance are declared separate and severa The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or invalidity of the application thereof to any person or circumstance, shall not affect the validity of remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective dat~ this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage publication as provided by law. Ord No. 03 - , Page 2 ¸IN ,,ral th, the aw le. the the of Lnd PASSED by the City Council of the City of Federal Way at a regular meeting of the City Coun on the day of ., 2003. APPROVE_D: 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: 152003 Code Amendments\Oversize Vehicles\City CouncilXAdoption Ordinance.doc/08/25/2003 1:38 PM Ord No. 03 - , Page 3 cil EXHIBIT A FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any motorized vehicle or truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. 1:L2003 Code Amendments\Oversize Vehicles\City Council~Exhibit A~Definitions.doc/08/25/2003 1:32 PM EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 S:.zc and 'dsc Parking and storage in residential zones limited. ~,~ ~-~*~ ~,,~ any,'at :n' a residential zone ;r ,~+ ....... .,~;~,~, ~,,,~,~ ~,~ ~t~ is bct~ mare +~,,,~,, nine,~e~et :~.. height Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any motorized vehicle or truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washin~on (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transpo~ation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utili _ty trailers based on the following conditions: (1) Vehicle does not intrude into public rights~of-way, pedestrian pathways, or obstruct sight visibili _ty from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory_ to an existing permitted residential use. (d) Recreational/utili _ty vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 1177 22-1179 Exceptions. r~ ^ ..~:~,~ ^r ..... : ...... k .... ,.~ ...... ,^, :~ ,~ e:~...j c .... * more a.~moAQ hours (-b) The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1178 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 1179 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1180 22-1182 - 22-1195 Reserved. I:~2003 Code Amendments\Oversize Vehicles\City Council~Exhibit AXDivision 11 -- New Code Language.doc/08/26/2003 4:45 PM EXHIBIT A FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-I 176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (1 I) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) !:L2003 Code Amendments\Oversize Vehicles\City Council~Exhibit A~dqonconformance.doc/08/25/2003 1:41 PM ©2002 Code Publishing Co. Page 1 CITY OF ' " Federal Way PLANNING COMMISSION RECOMMENDATION July 29, 2003 TO: VIA: FROM: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David Mo.~ager Kathy McClung,' Director of Community Development Services Martin Nordby, Code Compliance Officer Margaret H. Clark, AICP, Senior Planner ~ SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Divisi 11, "Vehicles and Boats" (Oversized Vehicles) (File No. 03-102457-00-UP) MEETING DATE: August 4, 2003 I. BACKGROUND Over the years, the City's Code Complim~ce Officer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However, limitfitions of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizer complaints about commercial vehicles and equip~nent stored on residential lots. As titne permits during the year, staff prepares amen&nents of a housekeeping nature to address probl such as this. The purpose of this revision is to better define the types and nature of vehicles norm prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehi normally associated with a residence. The Planning Commission conducted a public hearing on July 16, 2003. After the close of the pub hearing, the Planning Commission discussed the staff recommendation and recommended approva said recommendation with one change as discussed in Section III of this staff report to the City Council. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. )n :he 1, :ms ally ~les lic I of DISCUSSION OF PROPOSED AMENDMENTS/PLANNING STAFF RECOMMENDATION Existing language in FWCC Section 22-1176, "Size and Use in Residential Zones Limited," states: "Except as specified in FWCC 22-1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length." Since commercial vehicles are not currently defined in the code, this language allows large commercial vehicles nine feet or less in height and 22 feet or less in length to be parked on lots in residential zones. On the other hand, it prohibits recreational/utility vehicles used for personal reaso to be parked on residential lots if they exceed these dimensions unless they apply for and are grante, a Process III land use approval. A discussion of the proposed amendments as recommended by planning staff can be found in Exhi~ - Staff Report for the July 16, 2003, Planning Commission meeting, and is summarized as follows. Adopt a definition of"commercial vehicle." Vehicles meeting the definition of"commercial" would be prohibited from parking on lots in residential zones unless they are specifically exempted. The proposed new definition of commercial vehicle would be based on both their gross weight and use, rather than solely on size. In general, commercial vehicles would be defined as any truck over 10,000 lbs gross vehicle weight rating (GVWR), which are used primarily for transportation of commodities, vehicles, merchandise, produce, freight, or anima or bulldozers, backhoes, cranes, and similar construction equipment (Exhibit B of Exhibit 1). 2. The following commercial vehicles are proposed to be exempted (Exhibit ,4 of Exhibit 1 [FW( Section 22-1178]): i. Vehicles used for agricultural purposes on any lot in Single-Family Residential (RS 35.0 or Suburban Estates (SE) zones. ii. Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. iii. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid developlnent permit. 3. The following types of vehicles and boats would be permitted to be parked or stored on lots wb residential zones (Exhibit A of Exhibit 1 [FWCC Section 22-1177]): i. Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for transportation purposes. ii. Vehicles used for commercial purposes but based on standard pick-up, light duty truck,, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. Amendments to FWCC, Chapter 22, Article XIII, Division I, "Vehicles and Boats" Planning Commission Recommendation to LUTC File #03-102457-0~2 P; IS it 1 Is; 7C fin -UP ge 2 iii. Recreational/utility vehicles and boats less than 241 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: a. Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. b. Vehicle is maintained in a clean, operable condition. c. Vehicle parking or storage is accessory to an existing permitted residential use. iv. Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any h in a residential zone when not visible from the public right-of-way and not stored or par~ in the driveway. 4. Existing code language has a process to allow the parking or storage of any vehicle on a lot in residential zone if it meets the following criteria (Exhibit A of Exhibit 1 [FWCC Section 22-1, (1) The parking or storage of the vehicle or boat will not be detrimental to the character of neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storat (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property a . the vehicle or boat is operated by a resident of the subject property. The staff recommendation to the Planning Commission added language, which would not all, commercial vehicles to be parked or stored on residentially zoned lots under this provision. T Planning Commission did not accept this staff recommendation (please refer to Section III). o As part of this code amendment, staff discovered a mistake that had been made by the codifi¢ in 1992. At that time, sections of the code were renumbered and rearranged. This resulted in cross reference to Section 22-1176 being dropped from the requirement of immediate conformance (FWCC Chapter 22, Article IV, "Nonconformance," Exhibits C & D of Exhibit This cross-reference is proposed to be reinserted (please refer to Exhibit E of Exhibit 1). III. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on July 16, 2003. After the close of the pul: hearing, the Planning Commission discussed the staff recommendations and recommended approv the staff recommendation to the City Council with one exception. The Planning Commission recommended that commercial vehicles also be allowed on residentially zoned lots if approved thr a Process III review. Please refer to Exhibit 2 for the Planning Commission's recommendation and Exhibit 3 for the meeting minutes. The planning staff recommendation is shown as ~4keout (prop. deletions) and underline (proposed additions) and changes proposed by the Planning Commission shown as ................. and double underline. Amendments to FWCC, Chapter 22, Article XIII, Division 1, "Vehicles and Boats" Planning Commission Recommendation to LUTC File//03-102457-0 P }t a '7~]): the r · ,e, ad )w rs lic al of >ugh )sed are )-UP age 3 IV. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adop of the Planning Commission's recommendations. Ve LAND USE/YRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTC. AP~. P .R_~0,OV~AL ?F COMMITTEE AC/~.:. _ / 'Eric Faison,/chair D~n McC~l/gan ~ f hicfiael ea~'ff / LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Staff Report for the July 16, 2003, Planning Commission Meeting with Exhibits A-D Planning Commission Recommendation Minutes of July 16, 2003, Planning Commission Meeting Draft Adoption Ordinance 1:k2002 Code Amendmcnts\Chanl~s to BN zone\LUTC\080403 PC Rec Staff Report to LUTC.doc/07/30/20039:52 AM Amendments to FWCC, Chapter 22, Article XIII, Division 1, "Vehicles and Boats" Planning Commission Recommendation to LUTC File #03-102457-0 P ion ~-UP ~ge 4 EXHIBIT 1 II. CITY OF ~ Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapttr 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of July 16, 2003 BACKGROUND Over the years, the City's Code Compliance Officer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However limitations of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citize complaints about commercial vehicles and equipment stored on residential lots. As time permits during the year, staff prepares amendments of a housekeeping nature to address problems such as this. The purpose of this revision is to better define the types and nature of vehi( normally prohibited from being stored on a residential lot, yet accommodate to an appropriate ext, vehicles normally associated with a residence. DISCUSSION OF PROPOSED CODE AMENDMENTS Existing language in FWCC Section 22-1176, "Size and Use in Residential Zones Limited," state~: "Except as specified in FWCC 22-1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length." Since commercial vchicles are not currently defined in tile code, this language allows large commercial vehicles nine feet or less in height and 22 feet or less in length to be parked on lots it residential zones. Therefore, one of the proposed amendtnents is a new definition for "commerci: vehicle," which will be included in FWCC Section 22-1176 (Exhibit A). This definition will also included in FWCC Section 22-1, "Definition" (Exhibit B). Vehicles meeting tile definition of commercial would be prohibited unless they are specifically exempted. See Section II.C of this staff report and FWCC Section 22-1178 of Exhibit A. Based ~ proposed new definition of commercial vehicle, the types of vehicles to be prohibited on resident zoned lots would be based on both their gross weight and .use, rather titan solely on size. EXHIBiS I he es mt )e n the ially New Definition of Comntcrcial Vehicle The following definition would be added to FWCC Sections 22-1176 and 22-1, "Definitions" "Cornmercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, bacMmes, cranes, and similar construction equipment." B. Vehicles and Boats Permitted Under the proposed code amendment, FWCC Section 22-1176 would not regulate the vehicl( described in this section of the staff report, and therefore, they could be parked or stored on residentially zoned lots as specified in Section 22-1177 of Exhibit A. Proposed FWCC 22-1177 would allow the parking of any size vehicle normally used primarily for private transportation purposes (Section II.B.a of this staff report). It would also respond to one of tlq Planning Commissioner's concerns by allowing tow trucks or other trucks 10,000 lbs GVW}~ or less that an on-call person may desire to bring home in the evening (Section II.B.b of this sta report). In addition, it would allow recreational/utility vehicles and boats less than 28 feet in length to be parked or stored in driveways based on certain conditions (Section II.B.c of this staff report), and would allow vehicles and boats 28 feet in length or longer to be parked or stored on-site if they are not parked in the driveway and are not visible from the public way (Section II.B.d of this staff report). The following types of vehicles and boats would be permitted under the proposed FWCC Section 22-1177: a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which primarily used for transportation purposes. b) Vehicles used for commercial purposes but based on standard pick-up, light duty truck or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel folding tent trailers, motor homes, truck campers removed from a truck or pick-up, bor trailers, boat trailers with or without boats, and utility trailers based on the following conditions: 1. Vehicl& does not intrude into public rights-of-way, pedestrian pathways, or obst~ mt sight visibility frotn adjacent driveways. 2. Vehicle is maintained in a clean, operable condition. 3. Vehicle parking or storage is accessory to an existing pemfitted residential use. d) Oversized Vehicles Code Amendment Planning Commission Staff Report Recreational/utility vehicles and boats 28 feet in length or longer may be stored on am lot in a residential zone when not visible from the public right-of-way and not stored or in the driveway. EXH!Bi5 ..... ,.~ -- File//03-102457, I-UP P AG 0 C. Commercial Vehicles Exempted Under the proposed code amendment, FWCC Section 22-1178 would exempt the following commercial vehicles (refer to Section 22-1178 ofExhibi! A). a) Vehicles used for agricultural purposes on any lot in Single-Family Residential (RS 3 or Suburban Estates (SE) zones. b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclu purpose of loading or unloading the vehicle. c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a' development permit. D. Existing Language to be Retained The following language in FWCC Chapter 22, Article XIII, Division 11 is to be retained, for that language proposed to be deleted (shown as st ' 'r4keom) and other language proposed added (shown as underlined). The deleted language in sub-section (a) has been moved to Section 22-1178[b]). The added language is intended to clarify that Process III may not be us to allow the storage or parking of otherwise prohibited commercial vehicles "294 177 22-1179 Exceptions. e .... ~rpose~. ,.a .... e or unload;rog ............. O0 Except for commercial vehicles, :F-he the City may, using Process IH, api park or store a vehicle or boat of any size on a lot in a residential zone if.' (1) The parking Or storage of the vehicle or boat will not be detrimental to the character. the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject pro and the vehicle or boat is operated by a resident of the subject property. 22-1180, AddiOonal requirements. The City may impose screening requirements, limit the hours of operation, and impose othe restrictions to eliminate adverse impacts of the parking or storage. ;b2-t479 22-1181, Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle boat parked in a residential zone for more than 14 days in any 180-day period.". Oversized Vehicles Code Amendment Planning Commission Staff Report EXHiBiq._. I E. Other Changes Tile City is unaware of any legally nonconfgrining businesses with associated commercial vehicles in residentially zoned areas. However, if this was the case, the commercial vehicles would have to be removed based on FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required." This section states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisi, of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones. Itowever, in reviewing this section, staff realized that this it should also have referenced FW( Section 22-1176 et seq. This omission apparently occurred when the code was codified in 19 Prior to the codification, the nonconformance section (Chapter 165.25) referred only to "Nor conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehi in residential zones" (Exhibit C). However, there were two sections (Chapter 115.105 and 1 l 5.145) in Chapter 115 that governed parking and storage of large vehicles in residential zc (Exhibit C). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176 et al. However, Section 22-330 now only referenced Section 22-1111 et seq. (Exhibit D). We are, therefore, proposing to ad a reference to FWCC Section 22-1176 et seq. in FWCC Section 2: 330(8) (refer to Exhibit E). III. COMPARISON OF EXISTING AND PROPOSED NEW CODE The following table shows the types of vehicles currently permitted in residential zones and whetl they would be permitted or not under the proposed code amendment. TABLE I Vehicle Current Code Proposed Code Pick-up truck (1 ton) 10,000 Permitted (typically would not Permitted GVWR or less exceed 9' high and 22' long) Commercial truck (approximately Permitted if22' or less itl Not Permitted 1.5 ton) over 10,000 GVWR length or 9' or less in height Excavation equipment (c.g., Permitted if22' or less in Not Permitted bac -khocs, shovels, track-hoes) length or 9' or less in height Cab-over diesel tractor Permitted if22' or less in Not Permitted length or 9' or less in height Oversized Vehicles Code Amendment Planning Commission Staff Report EXH!B!q I PAGE F_t File #03-102457 IlS :C )2. :les nes LeF O0-UP Page 4 IV. VI. Vehicle Current Code Proposed Code Recreational vehicles Not permitted if over 9' high and more titan 22' long Permitted if under 28' in length and be accommodated colnpletely on driveway. More than 28'could not b. parked in driveway or be visible frot the public right-of-way. Commercial grade dump truck Permitted if22' or less in Not Permitted length or 9' or less in height Flat-bed trailers (commercial) Permitted if22' or less in Not Permitted length or 9' or less in height STAFF RECOMMENDATION Staff recommends that the code amendments as proposed in Exhibits A, B, and E be recommend~ for approval to the City Council by the Planning Commission. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria zoning code text amendments. Consistent with Process VI review, the role of the Planning Corem is as follows: l. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC ~;ection 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section aual'. the compliance of the proposed zoning text amendments with the criteria provided by FWCC Se~ 22-528. The City may amend the text of the FWCC only if it finds that: I. ITte prol)osed amendment is consisten! with the applicable provisions of the comprehensive There is no specific language in the comprehensive plan that addresses the desire to prohib commercial vehicles from lots in residentially zoned neighborhoods, ltowever, one of the la use concepts found in the comprehensive plan (page II-1) is the, "Preservation and enhance of existing residential neighborhoods." The proposed FWCC text amendments are consistet with this concept. Oversized Vehicles Code Amendment Planning Commission Staff Report Dr ssion ?~cs tlon id llent tt -O0-UP Pagc 5 VII. VIII. 2. 77~e proposed amendmem bears a subs[antial rela[ionshit; to public heahh, safety, or we~are The proposed amendment bears a substantial relationship to public health, ~fety, and welf~e because allowing large commercial vehicles to park or be storm on lots in residential zones c, result in blinking sight distance, thus contributing to traffic-relatM accidents. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City becau: e allowing large commercial vehicles on residential lots is unsightly and detracts horn the neighborh~d character. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Cominission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposM; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modifi~; 3. Recommend to CiW Council that the proposed FWCC text amendments not be adoptM; or 4. Fo~vard the proposed FWCC text amendments to City Council without a r~mmendation. EXItIBITS Exhibit A FWCC Chapter 22, Aaicle XIII, Division 11, "Vehicles and Boats" Exhibit B FWCC Chapter 22, Aaicle 1, Section 22-1, "Definitions" ExhibitC Federal Way Zoning Code adoptM upon 1990 in~rporation(Chapters 165.25, 115.( & ~5.~45) E~fibit D Federal Way CizyCode codifi~ in 1992 (FWCC S~tions 22-330, 22-I 111, & 22-1 76) Exhibit E FWCC Chapter 22, Section 22-330 (Potion of Existing Zoning Code) with Proposed Amendment PAGE EXItlBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 8izemnd4tse Parking and storage in residential zones limited. Eq4c-ept-as~3ec4 fie~4n4~VC4~2-2~t 177, i td~olafi~qhi~m~qo~ar~r~a~de er~a~l~ot4n~d~~f~ha~ic~ or ~ boflemor~n nh~e andqner~han~ql~4m~h~rd~0 43, 5 204~), 2 27~0) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22. 1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transpo~ation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats Permitted. (a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duW trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct s.~ght visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existinpLpermitled residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any Io in a residential zone when not visible from the public right-of-way and not stored or parked in th{ drivewa~ 22-1178 Commercial Vehicles exempted Ca_)_ Vehicles used for agricultural pu~l)oscs on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zoue. (b) Vehicles parked on any lot iu a resideutial zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. ~ Vehicles parked on any lot in a residential zone for construction pu~_poses pursuant to a valid development permit. EXHIBi'I-. A PAGE__LO 22-1179 Excel)tions. (a) 4N--veh lc4 e~)~F-a n y~si ~eqn ay43el~a rked ~on~an y4ot-in 4he~c-ity-fo~=not4nore4h a n~84~o u r~o~: t h e-e,~c4 u sivei)u qmse-o £-loadin g-or-unload in gqhe-vehic4~ (4)) Except for commercial vehicles, :t'4te tile city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to tile character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, {325, 10-3-00) 22 1178 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 2~.-/-t-79 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1480 22-1182 - 22-1195 Reserved. EXHIBi-': PAGE I:N2003 Codc Amendments\Oversize VchiclcsXPlanning CommissionXDivision 11 -- Ncw Code Language.doc/07/07/2003 I 1:31 AM EXHIBIT B FWCC Chapter 22. Article 1. In General. Section 22-1'. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under tliis zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. ~ Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washin~on (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, commuuity clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Coml~rehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and tile shoreline master program. Colltoul' line means tile iuterconnection of points having tile same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illuess; or alcohol or drug treatment and may include assisted living facilities. EXH[B[~ ~ .... 165.20 165.25 Abatement of Non-Conformance That Was Illeggl When Initiated .General - Except as specified in Paragraph 2 of this Section, any non-conformance that was illegal when initiated must immediat~'.ly be brought into cos~formance with this Chapter. The City m~.y, using the provisions of Chapter 175 of this Code or any ottter applicable law, immediately abate any non-conformance that 'as illegal when initiated. o Exceptions - If a non-conformance has ever been in com[ conformance with an applicable zoning code, it may continu, exist subject to the provisions of this Chapterl and it is not sul to abatement under Paragraph 1 of this Section. Immediate Compliance with Certain Provisions Required General - Regardless of any other provision of this Chapter, following non-;conformances must be immediately brought conformance with applicable provision of this Code: Co Non-conformance with the Noise Standards in Chapter Non-conformance with the Lighting Standards in Chap Non-conformance with the Heat Emission Standard: Chapter 115. Non-conformance with the Radiation Standards in Chap Non-conformance with the Air Quality Standard~ Chapter 115. Non-conformance with the Water Quality Standard Chapter 115. Non-conformance with the Odor Standards in Chapter Non;conformance with the provisions in Chapter regarding Parking and Storage of large vehicle residential zones. Non-conformance with the provisions in Chapter regarding junk in residential zones. 165 - 2 ere tO ect tile nto 15. er 115. in er 115. in in 115. 115 in 115 PAGE ! ...... 165.30 165.35 j. Non-conformance with the Glare Standards in Chapter 1 Non-conformance with the provision in Chapter 95 of Code regarding portable outdoor signs. Nonw_.onformance with the provision in Chapter 95 of Code regarding location of signs extending over way. Abatement - The City may, using any of the provisions of 175 of this Code or any other appl/cable law, immediately or seek discontinuance of any non-conformance listed in ParaD I of this Section. )ter ~ate .Special Provision for Damaged Improvements If a non-conforming improvement is damaged by sudden accidental that improvement may be reconstructed only if it meets the folio, requirements and not otherwise: The cost of reconstructing the damaged improvement not exceed 75 percent of the assessed or appraised value, the ap may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is to the City. The Community Development Director may uke the applicant to provide an appraisal from a source .le to the City if the assessed valuation appears to be ' ~. If an appraisal is provided by the applicant or required by the City, the larger of the two amounts shall be used. The improvement, as reconstructed, is not any more non- conforming than it was immediately prior to the damage. The applicant applies for a building permit to reconstm, the damaged improvement within six months of the date of the d image and recons~cts the improvement pursuant to that buildin Certain Non-Conformanee Specifically..Regulated General - Paragraphs 2 through 7 of this Section specify and under what circumstances certain non-conformance midst be corrected. If a noncx)nformance must be correctedthis Section, the applicant must, as part of the application any development permit, submit all information that I City, EXHIBIT,,C l't" ,I I ' PAGE OF._ .._ 165 - 3 State Standayd Adopted - The City cf Federal Way adopts by reference the Maximum Environmental Noise Leve s established pursuant to the Noise Contr~ 1 Act of 1974, RCW Chapter 70.107, as existing or hereafter amended. See W;~C Chapter 173-60, as now existing r hereafter amended. Watercraft ~oise Perfot-mance Standards - The City of Federal Way adopts reference the Watercraft Noi;e Performance Standards establish~d pursuant to the Noise control Act )f 1974, RC¥~ Chapter 70.107, as'now existing or hereafter amended. See WAC Chapt r 173-70, as now existing or hereaft r amended. 115.100 '~!!5.105 Bonds - The City may require a bond mhd :r chapter 180 of this code to insure compl with the provisions of this Section. Odor Any odor which injures, endangers the coml , repose, health or safety of person on abutt ng properties or streets, or in any way rend~ rs persons insecure in life or in the use of abutt ng properties or streets is a violation of this Cod. Outdoor Use,. Activity and Storaoe General - This section establishes regulati(.ns applicable to outdoor use, storage activity. Residential Uses - Outdoor uses, storage activities nol-mally, associated with residential use are pe_~-mitted, unl zss otheI-wise regulated or prohibited by Code. 3. Commercial and Industrial Uses General - Subject to the requirements of paragraphs b. through g. of this S on, the uses and activities that are permitted on a site under this Code may be conducted out of doors ess other%~ise regulated or prohibited by ~hls Code. 115 - 21 EXHIBI] C I PAGE_ __OF 3 o Vehj~es and Boats - Size and Use Beside~tial ZoDes L~mitej General - Except as specified in paragraph of this section, it is a violation of thi Code to park or store any vehicle or boat o any lot in a residential zone if that vehicl~ or boat is both more than 9 feet in height amc more than 22 feet in length.. Exceptions A vehicle of any size may be parked any lot in the city for not more than hours for the exclusive purpose loading or unloading the vehicle. The city may) using Process II, approve. request to park or store a vehicle o boat of any size on a lot in residential zone if- 1) The parking or storage of th vehicle~ or boat will not b~ detrimental to the character of th~ neighborhood; 2) The-' property abutting the subjec' property will not be impacted by th, parking or storage; 3) The placement of the vehicle or boa~ will not create a potential fir hazard; and 4) The parking or storage is clearl accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. The City may impcse screening re~uirements, limit the hcurs of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. Limitation on Use - It is a violation of thi Code to sleep in, or use for any othe residential purpose, a vehicle or boat parke in a residehtial zone for more than fourtee (14) days in any one hundred and eighty (18 day period. 115 - 38 EXHIBI', F ninormod- ducing thc .he amount increasing oor area of any struc- ,r parking feet in any y required y increase change in nt to the y adverse ;he project nificantly quirements, lolls. tO the ap- of the re cant may .terial re ~lated re- ~pon this ns 22-301 ,.ion for ution ty, in £he for es. If the ti ., or ZONING section (a) of this section, any development on the subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22-307. Same-Map change. Upon completion of thc project in full compli- e_ncc with the resolution of in~cnt to rezone and thc site plan approved as part of that. resolution, the city shall give effect to thc rezone by ~dopting an ordinance that makes the change to the zone boundary or zone classification o5 the zoning map that was approved in thc resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22-308-22-325. Reserved. ARTICLE IV. NONCONFORMANCE* Sec. 22-326. Administration. This article establishes when and under what circumstances nonconforming aspects of a usc or development must be brought into conformance with this chaptor. The provisions of this article ~hould be used only if there is some aspect of thc . use or development on thc subject property that is not permitted under this chapter. - (O~xt. No. 90-43, § 2(165.05), 2-27-90; Ord. No. 91- :118, § 4(165.05), 12-3-91; Ord. No. 92-135, § ,8(165.05), 4-21-92; Ord. No. 92-144, § 3(165.05), : 646.92) 22-327. Whcn conformance is required. element, activity or usc of or on the property conformed to thc applicable chapter in effect at thc time that aspect, activity or use was constructed or initi- aspect, clement, activity or usc may and need not be brought into conform- this chapter unless a provision of this uires conformance. 90-43, § 2(165.10), 2-27-90; Ord. No2 91- 4{165.10), 12-3-91; Ord. No. 92-135, § 4-21-92; Ord. No. 92-144, § 3(165.10), .::;.: '2ffcctivc date of the zoning regula- § 22-9; district regulations, § 22-571 regulations, § 22-946 et r, cq. Sec. 22-328. Regulations applicabl( conforming use. Ifa usc is nonconforming in thc zone i is located, this chapter does not cstabl cable dimensional or other regulation fore, to determine what regulations appl: will determine thc zone that allows th forming use that is most similar to th which thc nonconforming use is located thc regulations of that zone. (Ord. No. 90-43, § 2(165.15), 2-27-90; O~ 113, § 4(165.15), 12-3-91; Ord. No. 3(165.15), 4-21-92; Ord. No. 92-144, § 6-16-92) Sec. 22-329. Abatement of nonconfc that was illegal when in (a) Generally. Except as specified in st (b) of this section, any nonconformance illegal when initiated must immedi brought into conformance with this art city may, using thc provisions of article chapter or any other applicable law, im~ abate any nonconformance that was ille initiated. (b) Exceptions. If a nonconformance been in complete conformance with an zoning code it may continue to exist subj provisions of this arti.clc, and it is not s, abatement under subsection (a) of this s( (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord 113, § 4(165.20), 12-3-91; Ord. No. 9: 3(165.20), 4-21-92; Ord. No. 92-144, § 3 6-16-92) § 22-330 tO lion- Which it sh appli- s. There- ~, the city noncoYl- zone in nd apply [. No. 91- 2-135, § ;(165.15), finance [tiatcd. [bsection that was ~tely be icle. The ediately when tas ever )plicable ct to the ~bject to ..etlon. , No. 91- L135, § {165.20), · CCE- .~Scc. 22-330. Immediate compliance fain provisions required (a) Generally. Regardless of any otb( r provi- sion of this article, the following nonconfo finances must be immediately brought into conf .finance with the applicable provisions of this cl. ~ter: (11 Nonconformancc with the noise si ndards in section 22-956; (21 Nonconformance with the ligbtit g stan- dards in section 22-954; 1357 (3) Nonconformance with the heat mission standards in section 22-951; EXHIBi' § 22-330 FEDEILaL WAY CITY COD~ (4) Nonconformance with tho radiation stan- dards in section 22-959; (5) Nonconformance with the air quality stan- dards in section 22-947; (6) Nonconformance with the water quality standards in section 22-1196 et seq.; (7) Nonconformance with the odor s~andards in section 22-958; (8) Nonconformance with thc provisions in sec- ' tion 22-1111 ct seq.; regarding parldng and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec- tion 22-952 regarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in sec- tion 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in sec- tion 22-1596 regarding location of signs ex- tending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately abate or seek dis- continuance of any nonconformance listed in sub- section (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91- 113, § 4(165.25), 12-3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92) Cross references-Enforcement of thc provisions regarding nonconformance with the zoning regulations, § 22-121 ct seq.; maximum environmental noise levels, § 22-956; lighting stan- dards, § 22-954; heat regulation, § 22-951; radiation, § 22-959; air quality, § 22-947; odors, § 22-958; water quality, § 22-1196 et seq.; parking and storage of outdoor equipment, § 22-1111 et seq.; junk and junkyards, § 22-952; glare regulations, § 22-950; portable outdoor simms, § 22-1596 et seq.; signs ex- tending over rights-of, way, § 22-1596 et seq. Sec. 22-331. Certainnoncotfformancesspecif- ically rcgmlatcd-Gcncrally. (a) Sections 22-332 through 22-337 specify when and under what circumstances certain nonconfor- manccs must be corrected. If a nonconformance 1358 must be corrected under this section, the cant must, as part of the application for an, velopment permit, submit all information that city reasonably needs to review the correction. addition, the city will not issue a certificate zoning compliance or permit occupancy until correction is made. (b) If section 22-330 applies to a specific conformance, t;he provisions of this section do not: apply to that same nonconformance. (Ord. No. 90-43, § 2(165.35(1)), 2-27-90; Ord. 91-113, § 4(165.35(1)), 12-3-91; Ord. No. 92-135, § 3(165.35(1))', 4-21-92; Ord. No. 92-144, 3(165.35(1)), 6-16-92) Sec. 22-332. Same-Nonconforming use. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter- ations or increasing the gross floor area of any structure that houses or supports the nonconforming use; (2) Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any 12-month period to any structure that houses or sup- ports the nonconforming use and the fair market value of that change, alteration or work exce.eds 15 percent of the assessed or appraised value of that structure. The ap- plicant may provide an appraisal of the im- provement which has been da~naged. The appraisal must be from a source that is ac- ceptable to the city. The community devel- opment director may require the applicant to provide an appraisal from a source ac- ceptable to the city if the assessed valua- tion appears to be inappropriate. If an ap- praisal is provided by.the applicant or required by the city, the larger of the two amounts shall be used; (3) The subject property bas been abandoned for 90 or more consecutive days or the non- conforming use bas ceased for 180 or more consecutive days; or (4) The applicant replaces the use with a dif- ferent use. The city may allow this change in use, if through process II, the city deter- ~nines that the proposed new use will be PAGE A_ OF 4( SU o The est~ ;>'.: ~/;' ~ darz :, "~' use or : no~ 12- wh apl ]cc an be, a~ co~ qu fr~ as pr at of (3) T; fc c( ci (4) T t, 'C -=nt of that (2) itations of land our. (3) bject prol~ · ~n will not ~t increase' tverage el. erty, cora:' f the mid- ; Ord. No, ual, ~ 21-28; ation that ,n 22-1093 to the I, section ,it the fol- operty. proposed ~:ation of improve-. nder sec. ithin 400 ~ the pro- n phase icient in- atial im- modifi- sures to all as ~rove the :omplies .% it will .s, lakes, er oil or~ It will not violate any express policy of the city. It meets at least one of the following cri- teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12-11-90) Sec. 22-I095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de- stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad- dition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hy- droseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation, (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)), 12-11-90) 8ecs. 22-1096-22-1110. Reserved. DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE* ..~Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2-27-90) *Cross reference-This nonconformance must be immedi- ately brought into conformance with the applicable provisions of the toning regulations, § 22-330. ZONING Sec. 22-1112. Residential uses. Outdoor uses, storagq and activities no: 1-1113 nally associated with a residential use are perndtted, unless otherwise regulated or prohibited b this chapter. (Ord. No. 90-43, § 2(115.105(2)), 2-27-90) approval to the department of opment, a site plan drawn to scale describing the following items: Sec. 22-1113. Commercial and indu;trial USES. (a) Generally. Subject to the requirem( nfs of subsections (b) through (g) of this section tt :e uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this [apter. (b) Site plan. The applicant shall subr tit, for devel- and (1) Locations and dimensions of all str~ and fences on the subject property. (2) Locations and dimensions of all ~ ngand driving areas on the subject proper ~. (3) Locations and dimensions of all existing and Proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all ~.xisting landscaping and buffer on the subj~ )- erty. (5) The nature of the outdoor use, :ivity or storage. (6) The intended duration of the oor use, activity or storage. (c) Specific use and development reqmrements. The city will administratively review a~d either approve or deny any application for toor use, activity and storage based on the follow lng stan- dards: (1} Ail outdoor use, activity, and stor..ge areas must comply with required buffe:s for the prbnary use. (2} A minimum six-foot-high solid :;creening fence or other appropriate sere{ming ap- proved by the director ofcommm ity devel- 1589 P. AGE_: traffic. ?he one at each d along the a that must ;ections 2~. 7-90) on in bsection Pt . be within t above each lc ZONING (Ord. (2) Natural topography of the ground. Itow- ever, the public workzs director may requirb land surface modification to fulfill the in- tent of this division as part of any develop- ment activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public works director de- termines that adequate visual access is available between these tree trunks or poles. No. 9043, § 2(115.180(8)), 2-27-90) Sees. 22-1161-22-1175. Reserved. DIVISION 11. VEHICLES AND BOATS*  Scc. 22-1176. Size and usc in residential zones limited. Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 90-43, § 2(115.145(1)), 2-27-90) Sec. 22-1177. Exceptions. (a) A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the ve- hicle. Co) The city may, using process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the char- acter of the neighborhood; (2) Tim property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and *Cross references-Traffic and vehicles, ch. 15; district regulations, § 22-.571 et zeq.; offstreet parking requirements, § 22-13'/6 et seq.; vehicular ~ccess easement improvemenLs re- quired, § 22-1496 et seq. EXHIB (4) (Ord. The parking or storage is clearly a, to a residential use on the subject p and the vehicle or boat is operatx resident of the subject properly. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1178. Additional rcquiremem The city may impose screening requfl limit the hours of operation and impose o strictions to eliminate adverse impacts parking or skorage. (Ord. No. 90-43, {} 2(115.145(2)), 2-27-90) Sec. 22-1179. Limitation on use. It is a violation of this chapter to sleep il for any other residential purpose, a vehicle parked in a residential zone for more than in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) Sees. 22-1180-22-1195. Reserved. DIVISION 12. WATER QUALITY' Sec. 22-1196. Scope. This division establishes the followinl quality standards based on how the ware the subject property: (1) Section 22-1197 establishes water standards for water that flows dime the Subject property into a stream or Puget Sound. (2) Section 22-1198 establishes water standards for water that is conve' tile public stormwater system dire~ tile subject property. ~ Cross references-$treeks, sidewalks and cer public places, ch. 13; utilities, ch. 16; storm and sur utility, § 16-76 et seq.; environmental protection, , vironmental policy, § 18 26 et seq.; mitigation of de impact, § 19-41 et seq.; subdivision improvements, { seq.; surface and stormwater management, ch. 21 program, § 21-26 et seq.; this nonconformance taus~ diatcly brought into conformance with the applic~ sions of the zoning regulations, § 22-330; environme sitive areas, § 22-1221 et seq.; regulations rega, surface modification improvements or landscapi~ streams or other waterways, § 22-1306 et seq.; zoni tions regarding improvemenL% § 22-1471 et seq. 22-1196 ;essory roperty :d by a :nents, ~Jmr re- of the ., OF USe or boat 14 days water leaves uality Lly froln a lake quality ,ed into Lly fi'om ,ain other 'acc water :h. 18; cn- rclopment 20-176 et drainage be imme- ,ble provi- itally sen- ding land ~g around ng regula- EXItlBIT E FWCC Chapter 22. Article IX,;. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as detemfined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-11 I I et seq. and FWCC 22-1176 et ~_.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (I 2) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, .usiug any of the provisions of FWCC 22-121 ct seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) PAGE .... .-: !' 02002 Code Publishing Co. Page I EXHIBIT 2 EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size andq~se Parking and storage in residential zones limited. or boat on any lot in a residential zone if that vehicle or boat is both more than nine ~et in heig!~ Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned Jots. Commerck~l vehicle means, unless exempted by FWCC 22- 1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in'the Revised Code of Washington (RCW), the principal use of which is the transportation of co~nmodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 lbs GVWR or less. xvith or without a mounted camper unit, ~vhich are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone xvhen not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted a(~T) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS _35.0) or Suburban Estates (SE) zone. Cb) Vehicles parked on auy lot in a residential zone for not more than 48 hours for thc exclusive purpose of loading or unloading the vehicle. (c) valid development permit. PAGE ....... I. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a 22 !!77 22-1179 Exceptions. (4~) ~.t~ ................ :~ .,~l.:^,^t. ml.~ ,~.~ Tho city max;, usino~ process Ill, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting tile subject property xvill not be impacted by the parking or storage; (3) Tile placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, ss 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 !!78 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose olher restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(I 15.145(2)), 2-27-90) 22 1179 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, ss 2(115.145(3)), 2-27-90) 22 1!80 22-1182 - 22-1195 Reserved. 1:\2003 Code Amc. ndmcnls\Ovcrsize Vchicles\LUTC\Division II -- New Code [~anguage.doc/07/29/2003 I I:l 9 AM EXHIBIT B FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, .synagogue or other p/ace q/~re/igious 'worship means all establishment, tile principal purpose of which is religious worship and for which tile principal building or other structure contains thc sanctuary or principal place of worship, and which establishment may in'elude related accessory uses. C/ass I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgronnds and other similar uses. Tile use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in tile commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in tile Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open apace usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Cotnprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center ,neans an inpatient Facility, excluding facilities defined as hospitals, for patients who arc recovering fi'om an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment aud may include assisted living facilities. EXHIB EXHIBIT C FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, tile following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformauce with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat elnission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles itl residential zones; (9) Nonconformance with the provisions in FWCC 22r952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance xvith the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. Tile city may, usillg any of tile provisions of FWCC 22-121 et seq. or ally other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 02002 Code l)ublishing Ct). Page I EXHIBIT 3 July 16, 2003 7:00 p.m. City of Federal Wa5' PLANNING COMMISSION Regular Meeting Council chamb MEETING MINUTES Commissioners present: John Caulfield, Hope Elder. Dave Osaki, Grant Newport, Bill Drake, and Dini [ t). Duclos. Commissioners absent (excused): Matra Justus Foldi. Alternate Commissioners present: Lawsol Bronson, Merle Pfeifer, and Christine Nelson. Alternate Commissioners absent: Tony Moore (unexcuse, Staff present: Community Development Services Director Kathy McClung, Code Compliance Officer Martin Nordby, Consultant Janet Shull, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES It was m/s/c to adopt the June 18, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Code Amendment Mr. Nordby presented the staff report. He stated that the purpose of the amendment is to add a definitio~ for commercial vehicles and to revise the code to be more specific to commercial vehicles and more accommodating to recreational vehicles. He has incorporated the Planning Commission concerns made the Workshop. In answer to a question, he stated that of some 66 complaint cases in the last 13 years, arc still open that have to do with oversized vehicles, and all but one concerns commercial vehicles. Thc meeting was opened for Public Testimony at 7:07 p.m. Marie Sciacqua, Federal Wa3, Homeow,er- She has owned a home here since 1976 in an area that does not have any covenants, and therdbre, depends upon the City to help lnaintain the neighborhood. She showed the Comlnission pictures of various "comlnercial" vehicles that have been parked in her neighborhood by a particular neighbor. There have been different vehicles at different times, and the current neighbor is parking an older vehicle that is very noisy and an eyesore. She lives on a cul-de-sac and at times the vehicles have caused sight-distance problems. There are a number of children in the neighborhood and she is concerned that the current vehicle does not have a back-up alarm to warn the children (and others) that it is backing up. She K kPlan,fin~ C ....... issionX2003*leefing S .......... y 07-10-03 doc ~/'.t [~ I OF t Planning Commission Minutes Page 2 July 16, 21}03 commented that when she tried to deal with this neighbor, her boyfriend's car was egged. She has called the police when appropriate, but this issue is a Iow priority for them. She feels this amendment is a step in the right direction. Lawson Bronson, Alternate Planning Commissioner - He sees two problems with this amendment. First, it does not identify any citizen who is requesting the change and he feels changes to the code should be sought by citizens and not be initiated by City staff. His second concern is that the City should not be making something illegal that has been legal for many years. He stated that he purposely bought in an area without covenants so that he would not be restricted. Commissioner Osaki asked what recourse does someone have to store/park a commercial vehicle? There are exemptions for particular reasons (such as loading and unloading), but because staff added "Except t commercial vehicles..." to the exceptions section, there will be no exceptions for commercial vehicles f{ long-term parking/storage. Large recreational vehicles and boats may be allowed pursuant to a use proce review. He noted that in the last 13 years, no one has applied for an exemption. In response to an inquiry, Mr. Nordby commented that this code amendment would have a positive imp, upon his workload because it will eliminate most of the recreational vehicle complaints and will allow hi to resolve citizen's concerns. Ms. McClung responded to Mr. Bronson's concern regarding City staff initiating code amendments. She commented that since staff uses the code on a daily basis, it is part of their responsibility to be aware of~ identify any problems or issues with implementation of the code. A list is kept that is updated as problen and/or issues arise. At the beginning of the year, this list goes to the City Council, who prioritizes the problems/issues, and thereby develops the Planning Commission Work Program. Mr. Nordby was asked why the 10,000 GVW limit? He replied that is the weight of the larger personal pick-ups. Commissioner Hope commented that she feels that most problems have to do with vehicles parked on th street, which is a police issue, and therefore, she does not support this code amendment. Other commissioners expressed their concern that there is no provision for long~term parking/storage of commercial vehicles. It was m/s/c (four yes, one no, one abstain) to adopt the proposed text amendment with the change of adding commercial vehicles to the exceptions through a Process III. PUBLIC HEARING - Changes to Neighborhood Business Use Zone Charts Code Amendment Ms. Shull delivered the staff report. These code amendments are in response to a citizen's request for th~ following text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone. K:~Plannlng Commlssion~2003hMeeting Summary 07-16-03.doc/Last printed 7/29/2003 10:43 AM EXHIBi i _ br ~r gs ct Lnd IS PAGE Planning Commission Minutes Page 3 July 16, 2C 03 After researching the requests, City staff made these recommendations: I) Recommend that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new use zone chart for this use was developed. 2) Recommend that FWCC Section 22-725 be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. While this is less than was asked for, it would bring the allowable density to the same standard as that currently permitted in the Community Business zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City. 3) Recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to FWCC Section 22-722. 4) Recommend that "retail establishment providing entertainment, recreational, or cultural services or activities" be added to the permitted uses in FWCC Section 22-722, with a maximum square footage of 25,000 square feet. There was no public testimony. Commissioner Duclos commented that when batting cages were propose for Celebration Park, many complaints were made about the possible noise and lights. Ms. Shull replied that this would be an indoor facility. Commissioner Newport commented that batting cages tend to draw from the entire region, not just the neighborhood. This goes beyond the intent of the BN zone. Ms. Shull replied that is why the size is restricted to 25,000 square feet, in the belief that a small facility would not have a regional draw, but a neighborhood draw. Chair Caulfield commented that the City should not alit "just anything" in the BN zone, but rather should encourage redevelopment. It was m/s/c (unanimous) to adopt staff recommendation # 1 in regards to allowing churches, synagogues: and other places of worship as a permitted use. It was m/s/c (unanimous) to adopt staff recommendation in regards to increasing the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. It was m/s/c (two no, four yes) to adopt staff recommendation #3 in regards to allowing health club: up to 25,000 square feet in size. Commissioner Osaki expressed concern that a large health club will dra from outside of the neighborhood and if open 24 hours, could be a nuisance at night. It was m/s/f(three ~ three yes, a tie always fails) to adopt staff recommendation #4 in regards to allowing "retail establishmer providing entertainment, recreational, or cultural services or activities." It was felt the size was not neighborhood friendly. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:37 p.m. K:kPhannlng Commission~2003~vteetlng Summary 07- [6-03.doc/Last printed 7/29/2003 10:43 AM PAG ~2 EXHIBIT 4 CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICi XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, wh significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to ad. new definition of commercial vehicles and clarify under what conditions they are allowed on lots residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these c, amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council with change to allow commercial vehicles on lots in residential zones based on a Process III review approval; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council consi& these code amendments on August 4, 2003, following which it recommended adoption of the amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to adding a new defini of commercial vehicles and clarifying under what conditions they are allowed on lots in residential zo are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote health, safety, and welfare of the general public. E ich a are >de )ne tnd red ext ion aes the Ord No. 03 - , Page I PAGE___! ._.:5')r- Now, THEREFORE, THE CITY COUNCIL OF THE CITY OE FEDERAL WAY DOES HEREBY ORD, AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Fe& Way finds that the proposed code amendments will protect and will not adversely affect the public hca safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of I_ with respect to the decisional criteria necessary for the adoption of the proposal: and 3. The proposed FWCC text amendments are consistent with, and substantially implemen the Comprehensive Plan concept to preserve and enhance existing residential neighborhoods. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-relate accidents. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detract~ from the neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and several The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or invalidity of the application thereof to any person or circumstance, shall not affect the validity of remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date this ordinance is hereby ratified and affirmed. Ord No. 03 - , Page 2 PAGE '/' q kin ,,ral [th, the tw le. the the of Section 6. Effective Date. This ordinance shall be effective five days after passage publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Cou on the __ day of ., 2003. APPROVED: 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: I:L2003 Code Amendments\Oversize Vehicles\LUTC\072903 Adoption Ordinance.doc/07/30/2003 9:49 AM Ord No. 03 - , Page 3 tnd ,cil EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 S:.zc and 'dsc Parking and storage in residential zones limited. Except as .... :c.~ :~ r:mr,C ~, ~ ~ -m, :~ is ~ ":o~:^~ ~c,~,:~ ~h~ · .... ~ .... · ...... ~;~ ~ .... ,h~ ~ r~, :~ ~h (~d No.nn ~2 ~ ~r11~ 1A~rl~% ~ ~ On~ Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned Io~. Commercial vehicle means, unless exempted by FWCC 22- 1178, any ~uck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washin~on (RCW), the principal use of which is the transpomtion of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light du_ty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utili _ty trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory_ to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 1177 22-1179 Exceptions. v-J ...............J ........ j ~par c onan ........ , .... j .......................... thc exclusive pu,~ose of loading or .......... ~ ............. (49) t: ...... r ......... :.~ ..~l.:~^~ q-l.~ ,t.^ Tha city may, using process III, approve a request to park or store a vehicle or boat o£any size on a lot in a residential zone if: (I) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, {} 25, 10-3-00) 22 !!78 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 1179 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1!89 22-1182 - 22-1195 Reserved. EXHIB q -, PAGE OF_'7 I:k2003 Code Amendments\Oversize VehiclesXLUTCXExhibitsXDivision 11 -- New Code Language.doc/07/29/2003 I 1:47 AM EXHIBIT A FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class Ihome occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor.degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational OPen space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted'and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. EXHIBIt., q ........ EXHIBIT A FWCC Chapter 22. Article IV.- Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) EXHIBi' "i PAGE '"1 C ©2002 Code Publishing Co. Page I EXHIBIT B FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless eXempted by FWCC 22-1178, any MOTORIZED VEHICLE OR truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), OR ANY NON-MOTORIZED TRAILER OR OTHER METHOD OF CONVEYANCE, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. I:~2003 Code Amendments\Oversize Vehicles\City Council~)efinitions.doc/08/25/2003 1:32 PM EXHIBIT B FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and '.:se Parking and storage in residential zones limited. Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any MOTORIZED VEHICLE OR truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washin~on {RCW), OR ANY NON-MOTORIZED T~ILER OR OTHER METHOD OF CONVEYANCE~ the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utili _ty trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibili _ty from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory_ to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. Exceptions. - any s:zz may b ~ parked ~,, any,~ in .... e ..................... 5ours for (-b) Except for commercial :'chic. lea, Thc. tF.:. Th__~ee city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1178 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 1179 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1180 22-1182 -22-1195 Reserved. I:~003 Code Amendments\Oversize Vehicles\City Council~Division 1 ! -- New Code Language.doc/08/25/2003 2:21 PM MEETING DATE: Septembef~~, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Proposed Ordinance with Exhibit A. 2) July 25, 2003, Memorandum to the Land Use/Transportatk,n Committee (LUTC) with Exhibits 1-3. SUMMARY/BACKGROUND: The Growth Management Act requires jurisdictions to provide the public with the oppl Irtunity to apply for amendments to their codes and comprehensive plan once a year. In September 2002, the City received four citizen requests for changes to the Neighborhood Business (BN) Use Zone Charts. These requests were to: 1) add churches, synagogues, and otl~ er places of worship to the permitted uses; 2) increase the residential density to 24 units per acre and allow multi-family development on the ground floor; 3) add health clubs to the permitted uses; and 4) add batting cages to the permitted uses. The Planning Commission co: ~ducted a public hearing on July 16, 2003, and recommended to the council the following amendments to the BN Use Zone Charts: 1) ~dd a new Use Zone Chart for churches, synagogues, and other places of worship; 2) amend Federal Way City Code (FWCC) Section 22-72 5 to increase the multiple family density permitted from 12 to 18 units per acre; and 3) amend FWCC Section 22-722 to add health clubs .s a permitted use with a square footage limit of up to 25,000 square feet. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use Transportation Committee (LUTC) discu ;sed the proposed amendments during a public meeting on August 4, 2003. At that meeting, the LUTC recommended forwarding the a~ aendments to the BN Use Zone Charts as proposed by the Planning Commission with one amendment (Exhibit A of the proposed ordinan¢ e) to the full Council for first reading on September 2, 2003. The LUTC recommended amending FWCC Section 22-722 to add "retail esl ablishment providing entertainment, recreational, or cultural services or activities" as a permitted use with a square footage limit of up re, 25,000 square feet. These uses would only be allowed indoors. PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments to the Neighborhood Busine~ s (BN) Use Zone Charts, which are attached as Exhibit A to the proposed ordinance to second reading and enactment on September 16, ~ 1003." (BELOgV TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # 3 [] DENIED 1sT READING [] TABLED/DEFERRED/NO ACTION ENACTMENT READING [ MOVED TO SECOND READING ORDINANCE # (ordinances only) ~ ' RESOLUTION # 1:~002 Code Arneni~tTr~efil~\C~anfles'to B~ zone\(~it¥ Cou{11[i1\090203 AGI=[q-D,~ BILL,doc/08/25/2003 '10:55 AM CATEGORY: CONSENT [] ORDINANCE RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: SUBJECT: AMENDMENTS TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 22, ARTICLE XI, D [STRICT CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significan revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to allow church synagogues, and other places of worship, and health clubs in the Neighborhood Business (BN) zone is compati with and will serve residents of the surrounding neighborhoods; WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to increase allowable density of multiple family dwellings from 12 units per acre to 18 units per acre would further the goals the comprehensive plan by allowing and encouraging a variety of ~nultiple family housing in commercial areas well as assisting the City to meet its assigned housing targets; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consist~ with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendmel on July 16, 2003, and forwarded a recommendation of approval to the City Council to allow churches, synagogu~ and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre, but failed to ad( a motion to allow a retail establishment providing entertainment, recreational, or cultural services or activities; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these co amendments on August 4, 2003, following which it recommended adoption of the text amendments recommended by the Planning Commission; and W}iERE^S, the City Council finds that the code amendments relating to allowing churches, synagogues, al other places of worship, and health clubs in the Neighborhood Business zone and to increase the density allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre are consistent wi Ord No. 03 - , Page I tly :he of as nt its ,~S, of )t e as id ~.h the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal finds that the proposed code amendments will protect and will not adversely affect the public health, safety, welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the follow Comprehensive Plan goals and policies: LUP21 Allow and encourage a variety of multiple-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42. Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood L UP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. 2. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possil~ fill existing tenant spaces within neighborhood business centers that have been vacant for long periods time. and 3. The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. Ord No. 03 - , Page 2 of AS ray set the ng ly of Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. T invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinam or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of tt ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on __ day of ,2003. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATR1CIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: 1:L2002 Code Amendments\Changes to BN zone\City CouncilXAdoption Ordinance.doc/08/25/2003 10:35 AM Ord No. 03 - , Page 3 le .is le Z 'O o o CITY OF ~ Federal Way PLANNING COMMISSION RECOMMENDATION July 25, 2003 TO: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Tr~ommittee (LUTC) David Mos~ley, ~it~ Manager Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner ~ ' Janet Shull, AICP, Planning Consultant Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, District Regulations (Neighborhood Business Zoning Charts) (File No. 01-103824-00- uP) August 4, 2003 BACKGROUND The Growth Management Act (GMA) requires jurisdictions to provide the public with the opportunity to apply for amendments to their codes and comprehensive plans once a year. In September 2001, the City received the following four citizen requests for zoning text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre, and remove restrictions for multiple family on the ground floor in the BN zone. 3) Acid health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone. All of the above requests were submitted by Young Chul Joe and Goo Ja Joe, owners of the Northshore Shopping Center located west side of 21 st Avenue SW and north of South 356th Street. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. II. DISCUSSION OF PROPOSED AMENDMENTS A discussion of the proposed amendments can be found in Exhibit 1 - Staff Report for the July 16, 2003, Planning Commission meeting, and is summarized as follows. 1. Request #1 - Add churches, synagogues, and other places of worship to permitted uses the BN zone. Under the current zoning code, churches, synagogues, and other places of worship are allowed in the following Federal Way zoning districts: · Suburban Estates, Single Family Residential (SE - one unit per five acres) · Single Family Residential (RS - one unit per 35,000 sq. ft., one unit per 15,000 sq. ft., one unit per 9,600 sq. ft., one unit per 7,200 sq. ft., and one unit per 5,000 sq. ft.) · Multifamily Residential (RM - one unit per 3,600 sq. ft., one unit per 2,400 sq. ft., and one unit per 1,800 sq. ft.) · Community Business (BC) · City Center Core (CC-C) · CityCenter Frame (CC-F) BN zoned areas are typically located where they can serve residential neighborhoods. Since churches are already permitted in residential-zoned areas, their location within established neighborhood business centers would not create a land use conflict. Since churches and other places of worship also typically generate traffic at different times than retail and commercial uses, their location within neighborhood business centers may also result in better utilization o shared parking areas. Request #2 - Allow additional density and remove restriction for multiple family on the ground floor in the BN zone. Pursuant to FWCC Section 22-725, multiple family housing is currently permitted in the BN zone as follows: a. Allowable density is no more than one unit per 3,600 square feet of lot area, or 12 units per acre. b. Multiple family housing is not permitted on the ground floor. Table 1 summarizes the permitted densities of multiple family development and where they ma be located as part of a mixed-use development in the City of Federal Way. Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-00-L~P Page2 TABLE 1 Multiple-Family DensJ ty And Allowable Location In Building Zone 'Density Allowed on Ground Floor? Neighborhood Business (BN) 12 units/acre No Community Business (BC) 18 units/acre No~ City-Center Core 48-80units/acre2 No3 City-Center Frame 60-80 units/acre2 No3 As the above table shows, multiple family use is not allowed on the ground floor in either the [;N or BC zones. In addition, multiple family is only allowed on the ground floor in the CC-C and CC-F zones when certain requirements are met Therefore, allowing multiple family developmel it on the ground floor in the BN zone would not be consistent with the other mixed-use zones in ~e City of Federal Way. The applicant-requested density (up to 24/units per acre) is greater than that currently allowed the BC zone. 3. Request #3 - Add health clubs to the permitted uses in the BN zone. Health clubs are not listed as a permitted use in the City of Federal Way BN Use Zone Charts. However, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Arti~ !e IV.A, was issued. This interpretation permitted health clubs in the BN zone provided that the g~'oss floor area of the business did not exceed 7,500 square feet. The intent of the 7,500 square feet ize limitation was to insure that health clubs developed within a BN-zoned area would maintain a neighborhood scale and not attract traffic from a broader regional area. Larger facilities are currently permitted in the CC-C, CC-F, and BC zones, which have no size restrictions. Staff conducted an informal survey of various health club facilities in order to determine what size limit, if any, should be placed on health clubs in BN zones. The following summarizes the sizes and types of health clubs that were found: (a) Smaller health clubs, like a "Curves" franchise, are the type that could currently locate within the BN zone. (b) The 24-Hour Fitness Center located at 2130 South 3 14th (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. Under the proposed amendment, this type of facility could locate within the BN zone. ~ Multi-unit housing may not be located on the ground floor of a structure. However, senior citizen or special needs housing ma) stand alone. 2 Increased density may be achieved based on increased height from the permitted outright height of 35 feet to a maximum of 85 feet. The increased height is in exchange for providing on-site open space or a fee-in-lieu of open space. Please note that the procedure and formula for calculating on-site open space and alternative fee-in-lieu have not yet been adopted by the City Coun¢ il. 3 Multi-unit housing may not be located on the ground floor of a structure fronting a public right-of-way, but may be located on the ground floor where not fronting a right-of-way, provided a minimum of 20 percent of the gross floor area of the ground floor of the structure fronting the right-of-way contains other uses allowed in this zone. However, senior citizen or special needs housing may stand-alone. Amendments to Neighborhood Business Zoning Charts File #01-103824-00-U] Planning Commission Recommendation to LUTC Page i (c) In Federal Way, the Bally's Total Fitness Center located at 328th and 1s~ Avenue South ((~P zone) is approximately 53,000 square feet and includes a pool, sauna, steam room, whirlpool, exercise and weight rooms, indoor track, and tennis and racquetball courts. Tiffs facility would not be allowed within the BN zone under the proposed code amendment. 4. Request fl4 - Add batting cages to the permitted uses in the BN zone. The siting of batting cages is not specifically addressed in the FWCC. However, batting cages would most logically fall under the category of "retail establishment providing entertainment, recreational, or cultural services or activities." Like health clubs, this category is presently a permitted use in the BC, CC-C, and CC-F zones. Many children throughout Federal Way's neighborhoods play softball and baseball and could benefit from a neighborhood indoor battin cage facility for practice. In addition, there may be a need for other neighborhood-scale recrea! facilities for children. Therefore, it seems reasonable to not restrict the code amendment to sim adding batting cages as an allowable use in the BN zone, but to add the category of "retail establishment providing entertainment, recreational, or cultural services or activities." Howev¢ similar to health clubs, the size of these facilities should be limited to ensure that facilities developed within BN zones do not become regional centers, more suited to the BC or CC zone III. STAFF RECOMMENDATION 1. Request #1 - Add churches, synagogues, and other places of worship to permitted uses the BiN zone. Staff Recommendation - Add a new use zone chart for churches, synagogues, and places of worship in the BN zone (Exhibit A of Exhibit 1). 2. Request #2 - Allow additional density and remove restriction for multiple family on the ground floor in the BN zone. Staff Recommendation - Amend FWCC Section 22-725 (multiple-unit housing use zone chart increase the residential density permitted in the BN zone from one unit per 3,600 square feet ( per acre) to one unit per 2,400 square feet of lot area (18 units per acre) (Exhibit B of Exhibit 3. Request #3 - Add health clubs to the permitted uses in the BN zone. Staff Recommendation - Amend FWCC Section 22-722 (entertainment use zone chart) to add health clubs as a permitted use in the BN zone with a square footage limit of up to 25,000 squa feet (Exhibit C of Exhibit 1). 4. Request g4 - Add batting cages to the permitted uses in the BN zone Staff Recommendation - Amend FWCC Section 22-722 (entertainment use zone chart) to add "retail establishment providing entertainment, recreational, or cultural services or activities" as permitted use in the BN zone with a square footage limit of up to 25,000 square feet (Exhibit of Exhibit 1). onal >ly to units Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-0( Page IV. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on July 16, 2003. After the close of the publi hearing, the Planning Commission discussed the staff recommendations and voted on each individually. The meeting minutes are enclosed as Exhibit 2. The Planning Commission recommends that staff recommendations 1-3 above be forwarded to the City Council for adoption. The fourth staff recommendation did not receive a majority vote and therefore, the motion to adopt the staff recommendation failed. The Planning Commission was concerned that the proposed 25,000 square foot maximum limit for a retail establishment providing entertainment, recreational, or cultural services or activities would have a regional rather than neighborhood draw. V. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adopti of the Planning Commission's recommendations. VI. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by the Planning Commission. As recommended by the Planning Commission and amended by the LUTC. ~~L ~ COMMITTEE ~N: Eri~ Faisorl, Chair ~-I~ean McColgan ,/ , ~VlichJ ~-~/~4~,~ aeq_ pa~ ~/~ ~ LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Staff Report for the July 16, 2003, Planning Commission Meeting with Exhibits A-D Minutes of July 16, 2003, Planning Commission Meeting Draft Adoption Ordinance I:~2002 Code Amendments\Changes to BN zoneXLUTC\080403 PC Rec StaffReport to LUTC.doc/07/29/20034:37 PM Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC 311 File #01-103824-00-U Page EXHIBIT 1 CiTY OF ~~ Federal 'Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, "District Regulations" (Neighborhood Business Zoning Charts) Planning Commission Meeting of July 16, 2003 BACKGROUND The Growth Management Act (GMA) requires jurisdictions to allow the public to suggest updates t~ their codes and comprehensive plans once a year. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commissi. for further consideration. In September 2001, the City received the following four requests for zoni~ text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone. The Land Use/Transportation Committee (LUTC) reviewed the requests at their meeting on May 2£ 2002, and recommended that they move forward to the City Council for a public hearing and determination on whether they should be studied further. The City Council reviewed the requests at their meeting on June 18, 2002, and recommended that the requests be studied further and that text amendments be prepared for consideration by the Planning Conunission and City Council. Staff bas studied the above requests further and has prepared this report, along with recommended zoning code mnendments, for consideration by the Planning Commission (Exhibits A-D). The purp( of the proposed code amendments is to respond to these requests and to provide for uses within the BN zone that meet the objectives of the comprehensive plan. The purpose of the BN zone according to the Federal Way Comprehensive Plan (FWCP) is: "... These nodes are areas that have historically provided retail and/or services to adjacent residential areas. The FWCP recognizes the importance of firmlyfixed boundaries to prevent commercial intrusion into adjacent neighborhoods. ;e Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g. dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent reside, ntial uses. Developments combhfing residential and commercial uses provide a convenient living environment within these nodes .... LUP45 Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated." II. III. REASON FOR CODE AMENDMENT A. Character and Transformation of Neighborhood Business Centers in Federal Way Within the dozen or so areas designated BN, there is a great diversity of size and character. So~ BN-zoned areas were developed in the 1960's and 1970's, while others were developed more recently. Of those older centers, some have continued to lease the originally configured tenant spaces, while others have re-developed to try to compete more directly for tenants locating in newer centers. One difference between the older and newer neighborhood business centers is tl major chain grocery store tenants (the typical neighborhood business center anchor) utilize mol space than available in older centers. This has left some of the older centers with vacant spaces approximately 20,000 square feet that are now too small to attract a typical grocery store tenan~ but too large for many of the other typical neighborhood business center tenants. Unless a property owner can afford, a major upgrade or redevelopment of their property, these vacated grocery store spaces can be difficult to lease. B. Appropriate Use of Larger Tenant Spaces in Neighborhood Business Centers The struggle to keep larger tenant spaces filled with viable tenants has led to the requested zoning code amendments considered in this staff report. It is beneficial to the residents living near neighborhood business centers to have thriving centers with available services. However, these services must be appropriate to neighborhood needs and should complement the neighborhood in terms of scale. In other words, they should not draw significant amounts of traffic from outside the neighborhood, aside from traffic already passing by that center on a regular basis. RESEARCH OF OTIfER CITIES~ CODES A review of the codes of the cities of Auburn, Kent, Kirkland, Renton, SeaTac, and Tukwila found the following (Table 1). A. Churches and Other Places of Worship Most cities surveyed allow churches and other places of worship in neighborhood business centers. Some allow churches outright, while others have special requirements or conditious th must be met as part ora special permit process. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-004 Page ne ~at 'e of IP 2 IV. I5. Health Clubs/Indoor Recreation Some communities allow health clubs in neighborhood business zones while others do not (Table 1). None of the cities surveyed specifically mentioned batting cages. It would appear these uses are normally included in a broader entertainment or recreation category. C. Multiple Family Housing Most cities allowed multiple family housing in neighborhood business centers. There are a variety of approaches to multiple family housing in mixed-use neighborhood business centers Please refer to Table 1, below, for a summary. Most cities did not specify density limitations housing, but instead relied on the development standards (height, setbacks, lot coverage, parking, open space, and landscaping) to determine overall density permitted. TABLE 1 ALLOWABLE USES IN NEIGHBORItOOD COMMERCIAL/BUSINESS ZONES City Churches Health Clubs Multiple Family Auburn conditionalPermitted aSuse~a Not permitted Not permitted Kent speciaIPermitteduseSubjectpermit2t° a Not permitted Not permitted Kirkland Permitted outright Not permitted Permitted on the 2nd floor and aboCe. Renton Permitted as a Permitted (limited to Permitted (Does not have to be pa~t conditional use 35,000 sq. ft.) of a mixed-use development. It mt~st be a minimum of 10 units per acr~ and maximum of 15 units per acret However, if it is part ofa mixed-u~e development and meets certain 1 design standards, bonus density mgy be awarded to achieve a potentiall density of 60 units per acre. 1 Seatac Permitted outright Permitted outright Permitted as a conditional use / Tukwila Permitted as a Permitted outright Permitted on the 2nd floor and abo~e conditional use ! DISCUSSION OF PROPOSED CODE AMENDMENTS A. Request #1 - Add churches, s3amgogues, and other places of worship to permitted uses n the BN zone. 1. Discussion - Under the current zouing code, churches, synagogues, and other places of worship are allowed in the following Federal Way zoning districts: ~ A Conditional Use Pcrmit is a use permitted in a particular zoning district upon showing that such use in a specified locatio will comply with all the conditions and standards for the location or operation of the use as specified by the zoning ordinance authorized by the approving agency. 2 This is another name for a Conditional Use Permit. Neighbod~ood Business Amendments Planning Commission Staff Report md File #01-103824-00 -UP Pa e3 · Suburban Estates, Single Family Resideutial (SE - one milt per five acres) · Single Family Residential (RS -one uuit per 35,000 sq. fi., one unit per 15,000 sq. fi., one unit per 9,600 sq. fi., one unit per ?,200 sq. fi., and one unit per fi,000 sq. fl · Multifamily Residential (RM - one unit per 3,600 sq. fi., one unit per 2,400 sq. fl.~ and one unit per 1,$00 sq. fi.) · Community Business (BC) · City Center Core (CC-C) · CityCenter Frame (CC-F) BN zoned areas are typically located where they can serve residential neighborhoods. Sin churches are already permitted in residential-zoned areas, their location within establishe( neighborhood business centers would not create a land use conflict. Since churches and other places of worship also typically generate traffic at different times than retail and commercial uses, their location within neighborhood business centers may also result in better utilization of shared parking areas. Staff Recommendation - It is recommended that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new Use Zo Chart is enclosed as Exhibit A. Request//2 - Allow additional density and remove restriction for multiple family on the ground floor in the BN zone. 1. Discussion - Pursuant to FWCC Section 22-725, multiple family housing is permitted in the BN zone as follows: a. Allowable density is no more than one unit per 3,600 square feet of lot area or 12 units per acre. b. Multiple family housing is not permitted on the ground floor. Table 2 summarizes the permitted densities of multiple family development and where th may be located as part of a mixed-use development in the City of Federal Way. TABLE 2 MULTIPLE-FAMILY DENSITY AND ALLOWABLE LOCATION IN BUILDING Zone Density Allowed on Ground Floor? Neighborhood Business (BN) 12 units/acre No Community Business (BC) 18 units/acre No~ City-Center Core 48-80units/acre4 Nos City-Center Frame 60-80 units/acre4 Nos 3 Multi-unit housing may not be located on thc ground floor ora structure. Itowever, senior citizen or special needs housing m stand alone. 4 Increased density may be achieved based on increased height from thc permitted outright height of 35 feet to a maximum of~ feet. l'he increased height is in exchange for providing on-site open space or a fee-in-lieu of open space. Please note that the procedure and formula for calculating on-site open space and alternative fee-in-lieu have not yet been adopted by the City Cou s Multi-unit housing may not be located on the ground floor ora structure fronting a public right of way, but may be located ot the ground floor where not fronting a right-of-way, provided a minimum of 20 percent of thc gross floor area of the ground flo of the structure fronting thc right-of-way contains other uses allowed in this zone. ltowever, senior citizen or special needs housing may stand-alone. Neighborhood Business Amendments Planning Commission Staff Report File #0 i - 103824-O0- Pag 3e le ~y ~y cji. UP e4 As the above table shows, multiple family use is not allowed on the ground floor in either the Neighborhood Business (BN) or C.ommunity Business (BC) zones. Multiple family is allowed on the second floor and above in these zones. In addition, multiple family is only allowed on the ground floor in the City Center-Core (CC-C) and City Center-Frame (CC-i if not fronting a right-of-way and if at least 20 percent of the ground floor uses fronting th right-of-way are in other uses allowed in the zone. Therefore, allowing multiple family development on the ground floor in the BN zone would not be consistent with the other mixed-use zones in the City of Federal Way. Furthermore, as shown in Table 1, two of th, five South King County cities surveyed did not permit multiple family in their neighborh( business zones, two allowed this use only on the second floor, and the other two permitte~ them only with certain conditions. Staff Recommendation - It is recommended that the BN Use Zone Chart, FWCC Section 22-725 (Exhibit B), be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. This would bring the allowable density to the same standard as that currently permitted in the BC zone. Allowing multiple family on thc ground floor in the BN zone would be inconsistent with how multiple family is permitted the other mixed-use zones in the City of Federal Way. C. Request #3 - Add health clubs to the permitted uses in the BN zone. Discussion - Health clubs are not listed as a permitted use in the City of Federal Way BN Use Zone Charts. However, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Article IV.A, was issued. This interpretation permitted health clubs ir the BN zone provided that the gross floor area of the business did not exceed 7,500 squat feet. This size threshold would allow smaller fitness centers, like a "Curves facility," whi, can locate in as little as a 1,000 square foot area, but would exclude larger facilities like two Federal Way Bally fitness centers, which are 53,000 square feet (located at First Avenue and South 328th Street in an Office Park lOP] zone) and 35,000 square feet (located south of South 316"~ Street and west of 20th Avenue South in the CC~C zone). TI intent of the 7,500 square feet size limitation was to insure that health clubs developed within a BN-zoned area would maintain a neighborhood scale and not attract traffic from broader regional area. Larger facilities are currently permitted in the CC-C, CC-F, and B( zones, which have no size restrictions. Staff conducted an informal survey of various health club facilities in order to determine what size limit, if any, should be placed on health clubs in BN zones. The following summarizes the sizes and types of health clubs that were found: (a) According to their website, a Curves franchise can locate in spaces as small as 1,00( square feet. (b) A Gold's Gym facility is looking for at least 18,000 square feet. (c) 24~ltour Fitness Centers have the following three typical types of clubs: Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00 Pa: te a .UP }e 5 (i) (ii) (iii) Fitness/Active - Requires less than 25,000 square feet and includes group exerci rooms, cardio equipment, w.eight rooms, locker room, and showers. The 24-Itom Fitness Center located at 2130 South 3 14th (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. St~ort - Requires over 35,000 square feet and includes all of the above plus, sauna, steam room, whirlpool, basketball court, swimming pool, tanning, and juice bar. SuRer Sport - Requires over 50,000 square feet and includes all of tile above plus day spa, rock climbing, squash, and racquetball courts. (d) In Federal Way, the Bally's Total Fitness Center located at 328th and Ist Avenue Soutl (OP zone) is approximately 53,000 square feet and includes a pool, sauna, steam roon whirlpool, exercise and Weight rooms, indoor track, and tennis and racquetball courts The following options for zoning code amendments were considered: Ol~tion A: Add health clubs to the permitted uses in the BN zone maintaining the current 7,500 square foot limitation as determined by the November 2001 zoning code interpretati( The advantages of this option are: 1. It is consistent with the recent zoning code interpretation regarding health club facilities; and 2. It ensures that health club facilities will remain small and at a neighborhood scale. The disadvantage of this option is: 1. It limits the type of facility and services that can locate within neighborhood business centers. Ot;tion B: Add health clubs to the permitted uses in the BN zone with a maximum 25,000 square foot limitation. Tile advantages of this option are: 1. It may help the viability of neighborhood business centers with existing vacant tenant spaces in the 20,000 to 25,000 square foot range; 2. A health club facility with a greater variety of activities could potentially locate nearer to residential neighborhoods; and 3. Since it maintains a square footage limit, it ensures that regional-scale facilities would not be able to locate within a neighborhood business center. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-U Page Mo The disadvantage of this option is: The 25,000 square feet appears to be the threshold at which health clubs go from local to regional draw. There could be some neighborhood concern that a facility approaching 25,000 square feet could attract a regional clientele. Staff Recommendation - The current 7,500 square foot size limitation (by interpretation) not large enough to permit health clubs to occupy larger tenant spaces (for example the approximate 20,000 square foot spaces that exist in some older commercial centers) and also may not accommodate the smallest category of health club (fitness/active facility). It therefore, recommended that health clubs up to 25,000 square feet in size be allowed in th BN zone. This use would be added to the Use Zone Chart for private lodge or club in the BN zone (FWCC Section 22-722, "Entertainment," Exhibit C). D. Request #4 - Add batting cages to the permitted uses in the BN zone. Discussion - The siting of batting cages is not specifically addressed in the FWCC. However, batting cages would most logically fall under the category of"retail establishme providing entertainment, recreational, or cultural services or activities." Like health clubs this category is presently a permitted use in the BC, CC-C, and CC-F zones. Many childre throughout Federal Way's neighborhoods play softball and baseball and could benefit fror a neighborhood indoor batting cage facility for practice. In addition, there may be a need other neighborhood-scale recreational facilities for children. Therefore, it seems reasonab to not restrict the code amendment to simply adding batting cages as an allowable use in ti BN zone, but to add the category of"retail establishment providing entertainment, recreational, or cultural services or activities." However, similar to health clubs, the size o: these facilities should be limited to ensure that facilities developed within BN zones do ne become regional centers, more suited to the BC or CC zones. Staff Recommendation- Add "retail establishment providing entertainment, recreational, cultural services or activities" to the permitted uses in the BN zone under FWCC Section 22-722, "Entertainment," (Exhibit D) with a maximum square footage of 25,000 square fi STAFF RECOMMENDATION Staff recommends that the following alternatives be recommended for approval to the City Council: 1. Add a new use zone chart for churches, synagogues, and places of worship in the BN zone. 2. Amend FWCC Section 22-725 (multiple-unit housing use zone chart) to increase the residential density permitted in the BN zone from one unit per 3,600 square feet (12 units per acre) to one unit per 2,400 square feet of lot area (18 units per acre). 3. Amend FWCC Section 22-722 (entertainment use zone chart) to add health clubs to the list of permitted uses and limit the size to no more than 25,000 square feet. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-I Pag{ r Le ~r IP VI. VII. Amend FWCC Section 22-722 (entertainment use zoue chart) to add "retail establislunent providing entertainment, recreational, or cultural services or activities" to the list of permitted uses aud limit the size to no more than 25,000 square feet. These changes would require the addition of a new use zone Chart for churches, synagogues, and places of worship (Exhibit A). In addition, FWCC Section 22-725 (Multiple-Unit Housing, Exhibit and FWCC Section 22-722 (Entertainment, Exhibits C and D) would need to be amended. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22 "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commiss is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forxvard a recommendation to City Council regarding adoption of the proposed zoning code text amendment. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Sectio~ 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of tim comprebensi plan. The proposed FWCC text amendment is consistent with the following FWCP goals and policie LUP21 Allow and eucourage a variety of multiple-family housing types in designated commercial areas, esl)eciall), in the CiO, Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUG 7 Provide neighborhood and commuuiO, scale retail centers for the City ueighborhoods. LUP42 Eucourage neighborhood retail and personal services to locate at al)prol)riate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood Neighborhood Business Amendments Planning Commission Staff Rcport ion File #01 - ! 03824-004 IP Pag( 8 VIII. IX. LUP44 Neighborhood Business centers shouM consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential a'nd commercial developments in Neighborhood Business designations where compatibiliO~ with nearby uses can be demonstrated. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would al., increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because facilitates development within neighborhood business areas that would provide additional servi, recreational, and living opportunities for the citizens of Federal Way. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D New Use Zone Chart Allowing Churches, Synagogues, and Other Places of Worship the BN Zone Amendments to FWCC Section 22-725 (Multiplo-Unit Housing) to Increase ltousing Density Amendments to FWCC Section 22-722 (Entertainment) to Allow Health Clubs Amendments to FWCC Section 22-722 (Entertainment) to Allow Retail Establishmen Providing Entertainment, Recreational, or Cultural Services or Activities 152002 Code Amendments\Chang:s to BN zone\Planning Commission\062603 Planning Commission Staff RepoeclX)O07/09/20038:49 AM Neighborhood Business Amendments Planning Commission Staff Report File//01-1038244)0-I. Page it fP 9 ~ .E_ .~ o S;NOLLV~I fl D~I~I iF:! s~uds o% pt~d pa~!nba~l EXHIBIT 2 City of Federal Way PLANNING COMMISSION Regular Meeting July 16, 2003 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Grant Newport, Bill Drake, and Dini Duclos. Commissioners absent (excused): Marta Justus Foldi. Alternate Commissioners present: Lawson Bronson, Merle Pfeifer, and Christine Nelson. Alternate Commissioners absent: Tony Moore (unexcused). Staff present: Community Development Services Director Kathy McClung, Code Compliance Officer Martin Nordby, Consultant Janet Shull, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES It was m/s/c to adopt the June 18, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Code Amendment Mr. Nordby presented the staff report. He stated that the purpose of the amendment is to add a definition for commercial vehicles and to revise the code to be more specific to commercial vehicles and more accommodating to recreational vehicles. He has incorporated the Planning Commission concerns made at the Workshop. In answer to a question, he stated that of some 66 complaint cases in the last 13 years, eight are still open that have to do with oversized vehicles, and all but one concerns commercial vehicles. The meeting was opened tbr Public Testimony at 7:07 p.m. Marie Sciacqua, Federal Way Homeowner - She has owned a home here since 1976 in an area that does not have any covenants, and therefore, depends upon the City to help maintain the neighborhood. She showed the Commission pictures of various "commercial" vehicles that have been parked in her neighborhood by a particular neighbor. There have been different vehicles at different times, and the current neighbor is parking an older vehicle that is very noisy and an eyesore. She lives on a cul-de-sac and at times the vehicles have caused sight-distance problems. There are a number of children in the neighborhood and she is concerned that the current vehicle does not have a back-up alarm to warn the children (and others) that it is backing up. She K \Plam~ing Commission\2OO3\Meeting Summary 07- I o-03 doc Planning Commission Minutes Page 2 July 16, 20( commented that when she tried to deal with this neighbor, her boyfriend's car was egged. She has called the police when appropriate, but this issue is a low priority for them. She feels this amendment is a step in the right direction. Lawson Bronson, Alternate Planning Commissioner - He sees two problems with this amendment. First, it does not identify any citizen who is requesting the change and he feels changes to the code should be sought by citizens and not be initiated by City staff. His second concern is that the City should not be making something illegal that has been legal for many years. He stated that he purposely bought in an area without covenants so that he would not be restricted. Commissioner Osaki asked what recourse does someone have to store/park a commercial vehicle? There are exemptions for particular reasons (such as loading and unloading), but because staff added "Except fo~ commercial vehicles..." to the exceptions section, there will be no exceptions for commercial vehicles for long-term parking/storage. Large recreational vehicles and boats may be allowed pursuant to a use process review. He noted that in the last 13 years, no one has applied for an exemption. In response to an inquiry, Mr. Nordby commented that this code amendment would have a positive impact upon his workload because it will eliminate most of the recreational vehicle complaints and will allow him to resolve citizen's concerns. Ms. McClung responded to Mr. Bronson's concern regarding City staff initiating code amendments. She commented that since staff uses the code on a daily basis, it is part of their responsibility to be aware of an( identify any problems or issues with implementation of the code. A list is kept that is updated as problems and/or issues arise. At the beginning of the year, this list goes to the City Council, who prioritizes the problems/issues, and thereby develops the Planning Commission Work Program. Mr. Nordby was asked why the 10,000 GVW limit? He replied that is the weight of the larger personal pick-ups. Commissioner Hope commented that she feels that most problems have to do with vehicles parked on the street, which is a police issue, and therefore, she does not support this code amendment. Other commissioners expressed their concern that there is no provision for long-term parking/storage of commercial vehicles. It was m/s/c (four yes, one no, one abstain) to adopt the proposed text amendment with the change of adding commercial vehicles to the exceptions through a Process III. PUBLIC HEARING - Changes to Neighborhood Business Use Zone Charts Code Amendment Ms. Shull delivered the staff report. These code amendments are in response to a citizen's request for the following text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone. K:'~Planning Commissionk2003hMeeting Summary 07-16-03.doc/L~t printed 7/28/2003 1:21 PM Planning Commission Minutes Page 3 July 16, 2001 After researching the requests, City staff made these recommendations: 1) Recommend that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new use zone chart for this use was developed. 2) Recommend that FWCC Section 22-725 be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. While this is less than was asked for, it would bring the allowable density to the same standard as that currently permitted in the Community Business zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City. 3) Recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to FWCC Section 22-722. 4) Recommend that "retail establishment providing entertainment, recreational, or cultural services or activities" be added to the permitted uses in FWCC Section 22-722, with a maximum square footage of 25,000 square feet. There was no public testimony. Commissioner Duclos commented that when batting cages were proposed for Celebration Park, many complaints were made about the possible noise and lights. Ms. Shull replied that this would be an indoor facility. Commissioner Newport commented that batting cages tend to draw from the entire region, not just the neighborhood. This goes beyond the intent of the BN zone. Ms. Shull replied that is why the size is restricted to 25,000 square feet, in the belief that a small facility would not have a regional draw, but a neighborhood draw. Chair Caulfield commented that the City should not allow "just anything" in the BN zone, but rather should encourage redevelopment. It was m/s/c (unanimous) to adopt staff recommendation # 1 in regards to allowing churches, synagogues, and other places of worship as a permitted use. It was m/s/c (unanimous) to adopt staff recommendation #2 in regards to increasing the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. It was m/s/c (two no, four yes) to adopt staff recommendation #3 in regards to allowing health clubs up to 25,000 square feet in size. Commissioner Osaki expressed concern that a large health club will draw from outside of the neighborhood and if open 24 hours, could be a nuisance at night. It was m/s/f(three no, three yes, a tie always fails) to adopt staff recommendation #4 in regards to allowing "retail establishment providing entertainment, recreational, or cultural services or activities." It was felt the size was not neighborhood friendly. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:37 p.m. K:~lanning Commission~2003klvleeting Summary 07-16-03.doc/Last printed 7/28/2003 1:21 PM EXHIBIT 3 CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantl revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to allow churche: synagogues, and other places of worship, and health clubs in the Neighborhood Business (BN) zone is compatibl with and will serve residents of the surrounding neighborhoods; WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to increase th allowable density of multiple family dwellings from 12 units per acre to 18 units per acre would further the goals o the comprehensive plan by allowing and encouraging a variety of multiple family housing in commercial areas, a~ well as assisting the City to meet its assigned housing targets; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consisten with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendment: on July 16, 2003, and forwarded a recommendation of approval to the City Council to allow churches, synagogues and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density o allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre, but failed to adop a motion to allow a retail establishment providing entertainment, recreational, or cultural services or activities; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to allowing churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density ot allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre are consistent with Ord No. 03 - , Page I the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal W~ finds that the proposed code amendments will protect and will not adversely affect the public health, safety, welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the followin Comprehensive Plan goals and policies: LUP21 Allow and encourage a variety of multiple-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. L UG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. ~f ~S ty et LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibl~ fill existing tenant spaces within neighborhood business centers that have been vacant for long periods time. and The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. Ord No. 03 - , Page 2 Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severabilit¥. The provisions of this ordinance are declared separate and severable. TI invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinan¢ or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to. the effective date of th ordinance is hereby ratified and affirmed. Section_ 6._ Effective Date. This ordinance shall be effective five (5) days after passage and publication provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on th day of ,2003. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE 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: I:k2002 Code Amendments\Changes to BN zone\LUTC\072903 Adoption Ordinance.doc/07/29/2003 4:42 PM Ord No. 03 - , Page 3 .e -[ g .B 6 Z Z 4- Z MEETING DATE: September 16, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUIIJECT: Cultural Devclopmcnt Authority of King County Arts Contract CA"I 'E GORY: [] CONSENT [] ORDINANCE [] RESOI,UTION [] PUBIAC HEARING [] CITY COUNCil, BUSINESS [] OTHER BUI)GET IM PACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee Action Form dated September 2, 2003; Cultural Development Authority of Kng County Arts Contract - SUMMARY/BACKGROUNI): The Cultural Development Authority of King County, previously known as the King County Arts Commission, allocates funds to communities for cultural arts programs through the Sustained Supp{~rt Program. Thc City of Federal Way applied for funding for 2003 arts programs and was awarded $10,080.00. CITY COUNCIl, COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to aathorize the City Manager to enter into an agreement with the Cultural Development Authority of King County to provid{ community arts programs and to place this item before Council on September 16, 2003 for approval. PROI'OSEI) MOTION: "1 move approval of thc Cultural l)cvclopmcnl Authority of King County Arts Contr ~ct as presented." "~i'~iy M'~NAGEi~'"~ii'iiRO'~'A'iq ................ ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCll~ ACTION: [] APPROVED [] DENIED [] TABI,ED/DEFERREI)/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinances only) REVISED - 05/10/2001 COUNCIL BIIA, # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Agreement No. 103202 Contractor's Federal Taxpayer ID No. Contractor Federal Way Arts Commission Project Title: 2003 Programs Contract Amount: $ 10,080.00 Contract Period From: 01/01/03 Fund Source: CP - Arts Sustained Support To: 12/31/03 AGENCY SERVICES CONTRACT 2003 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING CO (the "CDA"), whose address is 506 Second Avenue, Ste 200, Seattle, WA 98104-2307 and teleph number is (206) 296~7580 and the Federal Way Arts Commission (the "Contractor"), whose addre~ Box 9718, Federal Way, WA 98063-9718 and telephone number is (253) 661-4047. Contractor is cultural or historical organization or specialist qualified to receive funds pursuant to King County C~ Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The CDA Boar¢ approved providing funds for this project by Motion No. 2003-08. The CDA desires to provide funds with which the Contractor shall render certain services to King C citizens. Such services are for the benefit of art museums, cultural museums, herita,g,,e museums, and/or the performing arts and are consistant with those defined in RCW 67.28.180 ('Public Benefi Services"). The CDA is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et seq. RC 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or ~ shall be satisfied exclusively from the assets and properties of such public corporation, commissior authority and no creditor or other person shall have any right of action against the city, town, or COL creating such corporation, commission, or authority on account of any debts, obligations, or liabilitk such public corporation, commission, or authority." The legislative authority of the CDA has found and declared that providing funds to Contractor to rE Project costs in consideration of services provided hereunder constitutes a public purpose with the of Article VII, Section 1 of the Washington State Constitution for which public funds may properly b, expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter menti¢ be made and performed by the padies hereto, the parties covenant and do mutually agree as follov JNTY 3ne is is PO an art, )de )unty he arts, N ~uthority or nty ~s of imburse meaning led, to IS: AG SVC 03 age 1 of 7 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth herein in the following attached exhibits which are incorporated herein by' reference: ~fter and / [] Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A [] Project Proposal and Budget Attached hereto as Exhibit B [] Insurance Requirements Attached hereto as Exhil~it C [] Personnel Inventory (K.C.C 12.16.060A) (In combination with Attached hereto as Exhibit D other agreements, in excess of $25,000 in a calendar year) / [] Affidavit and Cedificate of Compliance (K.C.C 12.16.060B) Attached hereto as Exhilpit E (for Agreements in excess of $25,000) / [] Disability Assurance of Compliance/Section 504 Attached hereto as Exhibit F (KCC 12.16.060D)[ORGANIZATIONS ONLY] ' / B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reil the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Pr( Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved by the CDA. The work described generally by the Project Proposal and Budget and more specific~ the Specific Scope of Services shall hereinafter be referred to as the "Project". C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisi may be specified in the Specific Scope of Services attached. D. The Contractor agrees to acknowledge the CDA as a source of support for the Project prominently located permanent signage utilizing the following logo: cultura deve opment authority King CounW Hotel / Motel Tax Fund E. The Contractor agrees to notify the CDA in advance of any public Project activities, incl not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1St, 2003 and shall terminate on December 31 This Agreement, however, may be termir)ated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. The CDA shall reimburse the Contractor for its actual and authorized expenditures incu~ satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all require specified in this contract in an aggregate amount not to exceed $10,080.00. ~burse and eot writing ~lly by ~ns that ding but st, 2003. 'red in T~ents AG SVC 03 ~age 2 of 7 B. Contractor may apply to the CDA for reimbursement upon completion of specified phase s as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached h ~reto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the S }ecific Scope of Services and Reimbursement Schedule. The CDA will initiate authorization for payment ~fter approval of corrected invoices and repods. The CDA shall make payment to the Agency not morethan~ 60 days after the appropriate invoice is received. / L D. Contractor shall submit its !inal invoice and all outstanding repods within 30 days of the Cate this Agreement terminates. If the Agency s final invoice and reports are not submitted by the day specified in this subsection, the CDA will be relieved of all liability for payment to the Agency of the amounts se forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by CDA. 2. If CDA requests, at least two images (prints, slides, or digital images accompan~E d by a high-quality print-out) of publishable quality for use by the CDA to publicize its funding programs. 'hotos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contract or to provid , in any manner the work or services agreed to herein, the CDA may withhold any payment to the Contract~r until the CDA is satisfied that corrective action, as specified by the CDA, has been completed. This righl is in addition to and not in lieu of the CDA right to terminate this contract as provided in Section IV, any )ther rights of CDA under this Agreement and any other right or remedy available to CDA at law or in ec ~ity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, the CDA may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, CDA shall submit written notice to the Contracto describing such default or violation. The CDA shall not so terminate this Agreement if CDA determ Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or viz V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, finar programmatic records and other such records as may be deemed necessary by the CDA to ensure accounting for all contract funds and compliance with this Agreement. All such records shall suffick properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. r ines that ~lation. ~cial, and proper ;ntly and AG SVC 03 'age 3 of 7 VI. AUDITS AND EVALUATIONS - A. The records and documents with respect to all matters covered by this Agreement shall subject at all times to inspection, review or audit by the CDA and/dr federal/state officials so authol law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontracl CDA, the King County, state and/or federal agencies or officials at all reasonable times in order to and evaluate the services provided under this Agreement. The CDA will give advance notice to th~ Contractor in the case of fiscal audits to be conducted by the CDA. C. The Contractor agrees to cooperate with the CDA in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any evaluation process. The results and records of said evaluations shall be maintained and disclose( accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all right.~ accruing from such material or article shall be the sole property of Contractor. Contractor agrees t does hereby grant to the CDA, an irrevocable, nonexclusive, and royalty-free license to use, accon law, any material or article and use any method that may be developed as part of the work under ti Agreement. The foregoing license shall not apply to existing training materials, consulting aids, ch and other materials and documents of Contractor which are modified for use in the performance ot Agreement. VIII. FUTURE SUPPORT CDA makes no commitment to support the services contracted for herein nor guarantee re the success of the services and assumes no obligation for future support of the Project except as set forth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contract¢ shall determine the means of accomplishing the results contemplated by this Agreement. Neither Contractor nor its officers, agents or employees are employees of the CDA for any purpose. The Contractor shall comply with all applicable federal and state laws and regulations regarding emplo~ minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all fed and/or state tax, industrial insurance, and Social Security liability that may result from the performa and compensation for these services. The Contractor and its officers, agents, and employees sha no claim of career service or civil service rights which may accrue to a CDA employee under state law. The CDA assumes no responsibility for the payment of any compensation, wages, benefits, ¢ by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. The Contractor shall protect, defend, indemnify and save harmless the CDA and its officers, agents, ar employees from and against any and all claims, costs, and/or losses whatsoever occurring or resu (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the suppl~ the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers connection with or support of the performance of this Agreement. The Contractor shall also defen¢ indemnify, and save harmless the CDA, and its officers, agents, and employees, from and against all claims made by Contractor's employees arising from their employment with Contractor. be ized by or to the monitor uch in ~ and ting to lis acklists, this larding :xpressly and he ment, 9ral nce of make ,r local taxes ting from 'ing to in any and AG SVC 03 ~-._a~ 'age 4 of 7 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemr save harmless the CDA its officers, employees, and agents from any and all costs, claims, judgmer and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the e>(tent resulting from the CDA's sol. negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in conn with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition t subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavati other structure, project, development, or improvement attached to real estate" within the meaning o' 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless'the CDA its officer employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agent,, negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim demand, and/or cause of action brought by or on behalf of any employees, or agents. For the purp~ Contractor, by mutual negotiation, hereby waives, as respects the CDA only, any immunity that wou otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RC~ the event the CDA incurs any judgment, award and/or cost arising there from including attorney's fe enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from ti' Contractor. Claims shall include, but are not limited to, assedions that the use or transfer of any so' book, document, report, film, tape or sound reproduction or material of any kind, delivered hereund( constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise resul~ unfair trade practice. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. Xl. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers-Contract Interests) is incorpor~ reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Failure by the Contractor to comply with any requirements of such Chapter shall be a material brea( contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or age CDA who exercises any functions or responsibilities in connection with the planning and implement~ the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, dir~ indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of the CDA, directly or indirectly, any compensation, gratuity or reward in conne with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. ~ify, and ts, '~.=ction 3, on, or RCW )se, the Id ¥. In as to ~e :tware, ~r, s in ted by .;hapter. ;h of nt of the ~tion of .~ctly or any ction AG SVC 03 P ~ge 5 of 7 Xll. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and legislation requiring nondiscrimination in employment and the provision of services to the public, in but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington stab against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in emi by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in cont K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contra written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking participate in this Agreement. The Contractor shall make such documents available to the CDA for inspection and copying upon request. XlII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, su shall be in writing and directed to the chief executive officer of Contractor and the Executive Direc CDA at the addresses first written above. Any time within which a party must take some action computed from the date that the notice is received by said party. XIV.GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and ~ by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by amendments to this Agreement. The CDA's failure to insist upon the strict performance of any proV this Agreement or to exercise any right based upon a breach thereof or the acceptance of any perf~ during such breach, shall not constitute a waiver of any right under this Agreement. In the event ar or condition of this Agreement or application thereof to any person or circumstances is held invalid, invalidity shall not affect other terms, conditions, or applications of this Agreement which can be gi~ 'effect without the invalid term, condition, or application. To this end, the terms and conditions of thi Agreement are declared severable. The parties agree that this Agreement is the complete expres~ the terms hereto and any oral or written representations or understandings not incorporated herein excluded. Both parties recognize that time is of the essence in the performance of the provisions c Agreement. XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of CDA's costs and expenses, including attorneys' CDA's legal expenses, incurred in connection with the enforcement of this Agreement. CDA may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of su enforcement. Costs and expenses include CDA's attorneys' fees and legal expenses whether or not 1 lawsu t, 'nclud'ng attorneys' fees and legal expenses for bankruptcy proceedings (and ~nc ud~ng effort,. modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collec services. Contractor also shall pay all court costs and such additional fees as may be directed by the ~cal ;luding, ; law 4oyment racting; ct, all :O ch notice :or of the shall be ;igned written ision of )rmance ~y term such en S ion of are this ._.es and ch here is a ~ to :ion ;oud. AG SVC 03 P ge 6 of 7 XVl. SURVIVAL - The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survi termination of this Agreement and shall be continuing obligations of the parties. CDA: CONTRACTOR: CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date /e the AG SVC 03 ? age 7 of 7 EXHIBIT A SCOPE OF SERVICE Federal Way Arts Commission and the Cultural Development Authority of King County mutually agr, that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the Cultural Development Authority of King County. Support for 2003 programs, including: "Red, White and Blues Festival", a 'community and arts festival July 4th, 2003; "Summer Musical Camp", a program for youth 10-18 years and featuring production o "Fiddler on the Roof Junior in June-July 2003; "Summer Sounds on the Beach Concert Series", free weekly outdoor concert performances in July-August 2003; and "Knutzen Family Theatre Concert Set Fall Concert", a concert performance in October 2003. Events are open and publicized to the commun Amount: $10,080.00 For artist fees and program expenses. Payable upon completion, submittal of invoice and documentati regarding: · Final budget, actual · Completion of evaluation form · Final report of program activities · Programs, brochures, flyers if available PUBLIC BENEFIT -Programs will be accessible to a broad range of King County citizens. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the CDA/King County Hotel/Motel Tax Fund is required of all reciPie~ for use in all publicity and promotional materials, including, but not limited to brochures, press release programs, posters, public service announcements, flyers and advertisements. The following graphic is recommended: cultural deve opment authority King County Hotel / Motel Tax Fund Final Payment will not be made until acknowledgment is submitted on printed material ~e on ies' ity. on tts S, EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons o damages to properly which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall b~ by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. The Minimum Scop~ Insurance needed for this contract is as follows: [] I Commercial General Liability Insurance Services Office form number (CG 00 01 Ed. 11-88)--Minimurr Combined Single Limit of $1,000,000 BI & PD with a General Aggregate per project 1. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the CDA. The deducti and/or self-insured retention of the policies shall not apply to the Contractor's liability to the CDA and shall be thc responsibility of the Contractor. 2. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) The CDA, its officers, employees and agents are to be covered as primary additional insured respects liability arising out of activities performed by or on behalf of the Contractor in connection with th Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be pr insurance as respects the CDA, its officers, employees, and agents. Any insurance and/or self-insuranc maintained by the CDA, its officers, employees, or agents shall not contribute with the Contractor's insur or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is ma, and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except reduced in aggregate by paid claims, at any point during the life of this contract. 3. Acceptability of Insurers Unless otherwise approved in writing by the CDA, insurance is to be placed with insurers with a Best's r~ no less than A: VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. 4. Verification of Coverage Unless otherwise approved in writing by the CDA, Contractor shall furnish CDA with certificate(s) of insu~ evidencing compliance with requirements set fodh above, which certificate(s) shall provide that no material chan, cancellation or nonrenewal of policies referred to herein shall occur without thirty (30) days' prior written notice to' paid of I )le sole S imary ~nce as ting of ~nce e, or ;DA. 504/ADA SELF-EVALUATION AND ASSURANCE OF COMPLIANCE Instructions 504/ADA Self-Evaluation Questionnaire Form This form will help you evaluate your organization's or firm's programs and services, employme and facilities to ensure they are accessible to people with disabilities. Complete the 504/^DA ~,elf- Evaluation Questionnaire and keep it on file at your office. Do not return it with your contract. "Quick Look" Barriers Checklist Note: This form only pertains to the main office of a construction company, not the constructio~l sites. Firms that provide services outside their office do not need to write a corrective action plan for physical accessibility as long as these services are provided in an accessible location for peopl,.~ with disabilities who cannot access the office. However, physical access must also be reviewed in ght of hiring an individual with a disability or accommodating a current employee who becomes disab 9d: 5041ADA Assurance of Compliance Form · Complete this form. If your organization or firm is out of compliance with any of the 504/AD.~, requirements, indicate on the 504/AD^ Disability Assurance of Compliance form the corrective actions that will be taken to achieve compliance and the date these actions will be completed. · Si_qn the Assurance of Compliance form and send the oriqinal back with your contracl. Keep a copy of the form on file in your office for use during on-site reviews. You will be notilied at least one week in advance of any scheduled review. (Note: This form may be used as an ~xhibit with other King County contracts for two years from the date the form is completed.) If you have questions regarding this process, or if you require this material in an alterna e format, please contact a King County 504/ADA Disability Compliance Specialist at 206-296-7592 or 206-296-7596 TTY, or by e-mail: CiviI-Rights. OCRE@metrokc.gov. 504/ADA General Information Federal and State laws prohibit discrimination based on disability. Section 504 of the Rehabililation Act of 1973, as amended (504), and the Americans with Disabilities ACt of 1990 (ADA) require that King County and all organizations and firms contracting with King County, except those providi ~g tangible goods, comply with the 504/ADA accessibility requirements. Under 504 and ADA, a "qualified individual with a disability" is anyone who has, has a history of, or is perceived as having a physical or mental impairment which substantially limits one or more ma or life activities. Disabilities include, but are not limited to: mobility, visual, hearing, or speech impair nents; mental illness; epilepsy; learning disability; brain injury; HIV/AIDS; arthritis; cerebral palsy; mulliple sclerosis; developmental disability; and alcohol and/or drug addiction. 504/ADA Contract Forms 8-21-01 DISABILITY RESOURCE LIST Note: Inclusion in this resource list does not constitute endorsement by King County Government, nor does omissi~ non-endorsement. Our goal is to provide you with information on some key resources available. Please contact us know of a useful resource missing from this list. King County Office of Civil Rights Enforcement Disability Compliance Specialist, Yesler Building, 400 Yesler Way, Room 260, Seattle, WA 98104-2683; 206-296-7592 V, 206-296-7596 TTY; 206-296-4329 Fax; e-mail: CiviI-Rights. OCRE@metrokc.gov web site: www.metrokc.gov/dias/ocre/ Governor's Committee on Disability Issues and Employment (GCDE) Advises and informs the Governor, state and local governments, the business community, and the disability community on ADA and other issues related to disability policy. Olympia: 360-438-3168 V, 360-438-3167 TTY; Spokane: 509-532-3149 V, 509-532-3113 TTY. GCDE publishes "Producing Materials in Alternative Formats: A Guide for Agencies" which provides information on producing materials in large print, on audio tape or computer disk, and Braille. Send a written request for a copy. Northwest Disability Business Technical Assistance. Center (NWDBTAC) Provides information, technical assistance, and training on the ADA. P.O. Box 9046, MS: 6000, Olympia, WA 98507-9046; 360-438-3168, 360-438-3167 TTY, 800-949-4232 V/TTY; 360-438-3208 Fax. Sprint Washington Telecommunications Relay Service (TRS) Provides free telephone accessibility with TTY users. 500 108th Avenue NE, Suite 800, Bellevue, WA 98004; Relay Services: 800-833- 6388 TTY; 800-833-6384 V. Provides free technical assistance and informational materials to people with disabilities, businesses,, state and local government agencies, and the general pul rights and responsibilities under Titles II a~ of the ADA. 800-466-4232 V/TTY. web site: www.usdoj.gov/crt/ada/ Washington Assistive Technology Allia (WATA) Information & referral to disability resourc( including assistive technology options, fun sources, legal issues, accommodations. 509-328-9350 VFFTY; 800-214-8731 V/TT 509-326-2261 Fax; e-mail: spokane@seal web site: wata.org/wata/eatrc/index, htm Job Accommodations Network (JAN) An international toll-free consulting servic( provides information regarding the ADA, j( accommodations and the employability of people with disabilities. P.O. Box 6080, 918 Chestnut Ridge Road, Suite 1, Morga WV 26506-6080; JAN--ADA Information 800-526-7234 V/T- 800-ADA-WORK (232-9675) V/TTY; web site: janweb.icdi.wvu.edu/ Emergency Procedures for Employees Disabilities in Office Occupancies A procedural guideline funded by the US ! Administration and developed by the Nati( Institute of Standards and Technology witl assistance from the National Task Force ( Safety and People with Disabilities. Write copy: United States Fire Administration, 1 South Satori Avenue, Emmitsburg, MD 21 ADA Technical Assistance Hotline (U.S. Dept. of Justice) 504/ADA Contract Forms 8-21-01 )n imply if you ,lic on d III nce ding ;.org that )b ntown, -y; with :ire )hal m Life fora 3825 727. I504/ADA SELF-EVALUATION QUESTIONNAIRE General Requirements Please check the appropriate answers. If necessary, attach additional pages of explanation. have fewer than 15 employees, please skip the first section and start with "Program Acc, YES NO 1. Do you have a 504/ADA coordinator? If so, who? Name Title Phone Do you have an internal grievance procedure that allows for quick and prompt solutions for any complaints based on alleged noncompliance with 504/ADA? Do you have a policy that provides for notifying participants, applicants, employees, unions, and professional organizations holding collective bargaining or professional agreements that you do not discriminate on the basis of disability? D 4. Have you notified these individuals of your nondiscrimination policy? Do you provide ongoing staff training to ensure that staff fully understand your policy of nondiscrimination on the basis of disability and can take all appropriate steps to facilitate the participation of individuals with disabilities in agency programs and activities? Program Access Do you notify the public and other interested parties that agency meetings, board of director meetings, hearings, conferences, public appearances by elected officials, and interviews will be held in accessible locations? .' Do you notify the public and other interested parties that auxiliary aids (sign language interpreters, readers) will be provided, upon request, to participants with disabilities? Do you have a Teletypewriter (TTY), or do you use the Washington Telecommunications Relay Service to facilitate communication with individuals who use TTYs for communication purposes? Do you provide ongoing training to familiarize appropriate staff with the operation of the TTY (or Relay Service) and other effective means of communicating over the telephone with people with disabilities? If you !SS." N/A 504/ADA Contract Forms, 8-21-01 Program Access (continued) o Do you make available, upon request, written material in alternate formats for people who have disabilities? (Alternate formats include large print, Braille, and audiocassette tapes) 6. Are printed poSters, announcements, and printed materials (including graphics) clearly legible and placed in physically accessible locations where print can be read from a wheelchair? 7. If you have a mailing list for the purposes of information dissemination, does it include various disability groups? 8. Are your TTY number and procedures for accessing your services printed on all material distributed to the public?, 9. Do you have a policy and procedure fOr safe emergency evacuation of people with disabilities from your facility(s)? Employment and Reasonable Accommodation When gathering affirmative action data regarding disabilities, do you make it clear that: · the information requested is intended for use solely in connection with reporting requirements; · the information is voluntary; · the information Will be kept confidential; and · refusal to provide or providing the information will not subject the applicant or employee to any adverse treatment? If you make pre-employment medical inquiries or conduct pre- employment medical examinations: · Is the inquiry related to the applicant's ability to perform the job? · Do you condition offers of employment on the results of these examinations? · Is the examination required for al._~l employees in the same job classification? · Are all applicants in the same job classification asked the same medical and/or intervieW questions? During the application, interviewing, hiring, and employment process, do you provide reasonable accommodations to applicants and employees with disabilities? YES NO N/A F1 F1 504/ADA Contract Forms, 8-21-01 ~' I L.~ 2 Employment and Reasonable Accommodation (continued) Do you have a written policy stating the following? 504/ADA requires that information concerning an applicant's medical condition or history must be kept separate from personnel records and may be shared in only three ways: (1) supervisors and managers may be informed of restrictions on the work or duties of individuals with disabilities and informed of necessary accommodation(s); (2) first aid and safety personnel may be informed if the condition might require emergency treatment; and (3) government officials investigating compliance with 504/ADA shall be provided with relevant information upon request. YES NO Physical Accessibility Complete the "Quick Look" Barriers Checklist and then answer the following questions: 1. Is the bUilding(s) where your business is located barrier-free? If you checked NO to any of the items on the Employment and Reasonable Accommodation checklist above, would these areas prevent an individual with a disability from accessing your program(s) or service(s)? E] If access would be impacted, describe on the Corrective Action Plan what steps will be taken t( eliminate the barrier(s). If there are extenuating circumstances which would make barrier rem¢ financial or administrative burden, please explain in the Corrective Action Plan. This 504/ADA Self-Evaluation Questionnaire was completed by: Print name Date Phone Number 504/ADA Contract Forms, 8-21~01 N/A cai a "QUICK LOOK" BARRIERS CHECKLIST This checklist is designed to give a quick appraisal of potential problem areas for accessibility. detailed review standards, refer to the Washington State Administrative Code (WAC) 51-40-11 Chapter 11--Accessibility. Building Access YES NO · Are 96" wide parking spaces designated with a 60" access aisle? [--I E] · Are parking spaces near main building entrance? r-] [-] · is there a "drop oft'' zone at the building entrance? [--I · Is the gradient from parking to building entrance 1:12 or less? [-] · Does the entrance doorway have at least 32" wide clearance? E] E~] · Is the door threshold no more than 1/2" high? [--] E~ · Is the door handle easy to grasp? El El · Are the doors easy to open (building entrance maximum 8.5 lbs. pressure, all internal doors 5 lbs. max.)? Are other than revolving doors available? Building Corridors · Is path of travel free of obstruction and at least 36" wide? E] [] · Is floor surface firm and slip resistant? El [-~ · Do obstacles (phones, fountains) protrude no more than 4"? F-I r-I · Are elevator controls no higher than 48"? [--] E] · Are elevator markings in Braille? [-I El · Does elevator provide audible signals? El El · Elevator interior provides minimum 51" turning area for wheelchairs? El I--! Restrooms · Are restrooms near building entrance or personnel office? ' · Do doors have lever handles? · Do restroom entrance doors have at least 32" wide clearance? · Is restroom large enough for wheelchair turnaround (51" minimum)? · Are stall doors at least 32" wide? · Are grab bars provided in toilet stalls? · Are sinks at least 30" high with room for a wheelchair to roll under? · Are sink handles easily reached and used? · Are soap dispensers and towels no more than 48" from the floor? Personnel Office Do doors provide at least 32" wide clearance? Is the door easy to open? (max. 5 lbs. pressure) Is the door threshold no more than 1/2" high? Is the path of travel between furniture wide enough for wheelchairs? E] 504/ADA Contract Forms, 8-21-01 4 :or I0, N/A Contract Exhibil I 504/ADA DISABILITY ASSURANCE OF COMPLIANCE I Complying with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans Disabilities Act of 1990, two federal laws which prohibit discrimination against qualified people ~ disabilities. I understand that federal and state laws prohibit discrimination in public accommodations and employment based solely on disab itY. In add t on, I recognize that Sect on 504 requ res rec p ~ federal funds (either directly or through contracting with a governmental entity receiving federal funds) to make their programs, services, and activities, when viewed in their entirety, accessibl~ qualified and/or eligible people with disabilities. I agree to comply with, and to require that all subcontractors comply with, the Section 504/ADA requirements. I understand that reasonable accommodation is required in both program services and employment, except where to do so cause an undue hardship or burden. I agree to cooperate in any compliance review and to provide reasonable access to the premis all places of business and employment and to records, files, information, and employees therei King County for reviewing compliance with Section 504 and ADA requirements. I agree that any violation of the specific provisions and terms of the 504/ADA Disability Assurar Compliance and/or Corrective Action Plan required herein or Section 504 or the ADA, shall be deemed a breach of a material provision of the Contract between the County and the Contractc Such a breach shall be grounds for cancellation, termination, or suspension, in whole or in part, this Contract by the County. According to the responses to the questions in the 504/ADA Self-Evaluation YES Questionnaire, (company name), E] is in compliance with 504/ADA. If the above response is NO, the following corrective actions will be taken: Corrective Action Plan The following Corrective Action Plan is submitted to comply with Section 504 and ADA requiren General Requirements Actions To Be Taken Completion With vith ;nts of to ould ;s of to ;e of NO ~ents. Date 504/ADA DISABILITY ASSURANCE OF COMPLIANCE (continued) 504/ADA Contract Forms, 8-2¥01 ] '~- I-'"~ Program Access Actions To Be Taken Completion Date Actions To Be Taken Employment and Reasonable Accommodation Completion Actions To Be Taken Physical Accessibility Completion I Declare Under Penalty of Perjury under the Laws of the State of Washington that the Foregoing is True and Correct. Contractor: Company Name Street Address Authorized Signer: City State . Zi Name (type or print) Title Phone Signature For Notary: State of Washington, County of Signed and attested before me on (date) signer name) by (print autr Notary signature: Notary (print name): My appointment expires: 504/ADA Contract Forms, 8-21-01 Date Date ,rized MEETING DATE: September 16, 2003 - ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Solid Waste and Recycling Division 2002/2003 Grant Approvals CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [-q CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to the Finance, Economic Development and Regional Affairs Committee dated Au ust 26, 2003. Resolution approving grant receipt and implementation SUMMARY/BACKGROUND: Approximately $258,724 in grant funding is available in 2004 and 2005 to provide waste reduction and recycling programs for area residents and businesses. Staff is currently preparing formal applications and scopes of work to obtain these grant funds. The Coordinated Prevention Grant (CPG) allocates $97,703 to Federal Way with a 25% match requirement. The Waste Reduction/Recycling (WRR) grant provides $135,095; the Local Hazardous Waste Management Program (LHWMP) Grant provides $25,926. Neither of these grants has match requirements, but they amply provide the necessary CPG match requirement. The Division's 2004-2005 grants are consistent with grants from prior years. Release of funding for the vario is grants is contingent upon the 2004 budget adoption process by the grant agencies (the State Legislature for the CPG l;rant, King County Council for the WRR grant, and the Local Hazardous Waste Management Program's administrat on for the LHWMP grant). The City Council is requested to approve receipt of this grant funding and implementation of the related g~ ant-funded projects. A resolution to this affect is attached. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 26, 2003 meeting, the Finance Economic Development and Regional Affairs Committee made the following recommendations: The Committee recommended approval of the 2004-2005 Solid Waste and Recycling Division grant; pplications and programs. The Committee directed that the appropriate resolution be forwarded to the September 16. 2003 City Council consent agenda to formally approve the grant projects, accept the funds, and authorize the City tl enter into agreements with grant agencies and vendors, with a recommendation for adoption of the resolution. PROPOSED MOTION: "I move approval of the 2002/2003 Solid Waste and Recycling Division grant appli¢:ation and programs and that the attached resolution to this effect be considered and recommended for adoption." '(~i';Y M ~N~'GE~ 'Ap 1~'~0~i~'i ...................................... ~ (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] A 'PROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) k:\council\agdbillsX2OO3\swr 2004 2005 grant approvals.doc COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # Date: To: Via: From: Subject: CITY OF FEDERAL WAY MEMORANDUM August 26, 2003 Michael Park, Chair Finance, Economic Development and Regional Affairs Committee David H. Moseley, City Manager ~-L~,-~ ~ - Rob Van Orsow, Solid Waste and Recycling Coordinator ~,_9.~_~ Solid Waste and Recycling 2004-2005 Grant Approvals BACKGROUND: Approximately $258,724 in grant funding is available in 2004 and 2005 to provide waste reduction recycling programs for area residents and businesses. Staff is currently preparing formal applicati and scopes of work to obtain these grant funds. The Coordinated Prevention Grant (CPG) alloc~ $97,703 to Federal Way with a 25% match requirement. The Waste Reduction/Recycling (WRR) g~ provides $135,095; the Local Hazardous Waste Management Program (LHWMP) Grant provi $25,926. Neither of these grants has match requirements, but they do amply provide the CPG ma requirement. Attached are two documents summarizing the grant projects. Attachment 1 provides highlights of 2004-2005 grants; Attachment 2 reports on related grant-funded programs serving the Federal Community in 2002 and 2003. DISCUSSION: The Division's 2004-2005 grants are consistent with grants from prior years. Release of funding for various grants is contingent upon the 2004 budget adoption process by the grant agencies (the S1 Legislature for the CPG grant, King County Council for the WRR grant, and the Local Hazardous W~ Management Program's administration for the LHWMP grant). The City Council is requested to approve receipt of this grant funding and implementation of the rela projects. A draft resolution to this affect is also attached. COMMITTEE ACTION: The Committee is requested to approve the 2004-2005 Solid Waste and Recycling Division gr~ applications and programs, and forward the appropriate resolution to formally approve the gr. projects, accept the funds, and authorize the City to enter into agreements with grant agencies vendors, to the September 16, 2003 City Council consent agenda. and OIlS ~tes 'ant ]es tch the ray the ate .ste ted ~nt ~nt nd APPROVAL BY COMMITTEE: Com~,,.1.~t~e ~2hair ' (2omr~tte~ Member k:\fed&2003~2004 sw&r grants.doc Attachment 1 2004/2005 SOLID WASTE AND RECYCLING GRANT APPLICATIONS AND PROJECTS 1. 2004-2005 Department of Ecology Coordinated Prevention Grant (CPG) The 2004-2005 grant focuses on three projects: At-Home Collection of Household Hazardous and Latex Paint Waste Reduction and Disposal, Waste Reduction and Recycling (WR/R) Promotion, and Expansion of Organics Waste Collection. This grant totals $97,703 over two and provides 75% funding, with a 25% match requirement. The King County WR/R grant and Local Hazardous Waste Management Program (LHWMP) grant will provide the matching funds. 2. 2004-2005 King County Waste Reduction and Recycling {WR/R) Program Grant The Waste Reduction and Recycling Grant funds total $135,095 over two years to support following projects: (1) Support of the regional yard waste reduction outreach program (now called "Northwe~ Natural Yard Days"). Federal Way lawn and garden retailers will again be encouraged t participate in the 2004 program, focusing on the discounted sale of electric mowers and promotion of "natural lawn care" and other ecologically-sound maintenance methods. (2) Support of Waste Reduction and Recycling Options promotion, which production of the City's annual "Recycling Options" flyer. (3) Participation in regional Home Compost Bin Distribution efforts. (4) Expansion of Organics Waste Collection. (5) The Business Recycling Program component will focus on waste reduction outreach to businesses through "on-request" assistance and other targeted programs. (6) The Special Recycling Collection Event component will entail operating two recycling collection events in Federal Way during 2004 (spring and fall). These provide residents with a convenient method to recycle a wide variety of materials that not normally collected at curbside. 3. 2004 Local Hazardous Waste Management Program (LHWMP) Grant The Seattle-King County Department of Public Health 2004 Local Hazardous Waste Mana Program (LHWMP) grant allocates $19,926 for 2004 only with no match requirement. This will primarily supplement funding for operating two Special Recycling Events, as well as match funding for the At-Home Collection of Household Hazardous Waste project and Latex Waste Reduction and Disposal project. The LHWMP also allots an additional $6,000 in grant funding to Federal Way, to cover costs time, parking, training, etc.) of ongoing City of Federal Way staff participation as Suburban representative to the LHWMP Household Hazardous Waste Education Subcommittee during 2004. k:\fedcX2003L2004 sw&r grants al .doc Attachment 2 2003 Solid Waste and Recycling Division Grant Project Updates Litter and Recycling Collection in Public Places Public recycling containers are now located in various SeaTac Mall locations. Recycling/litter collection containers have been installed along S. 320th street with installation of additio aal containers pending completion of PHS road construction projects. Staff is also exploring options for add lng containers in other downtown areas and in larger parks. Regional Yard Debris Reduction Outreach Program (a.k.a. "Northwest Natural Yard Days") The 2003 program was originally slated for the month of April, as a month-long Promotion of sale itc ms available at three local lawn and garden stores (Lowe's, Home Depot, and Oriental Lawn and Garllen Center), in addition to other stores throughout King County. Discounts were provided on related merchandise such as electric mulching mowers, non-chemical pesticides & fertilizers, manual weed pull,~'rs, and other garden supplies. Due to factors such as poor weather and the advent of the Iraq war, April sales were below normal, ~ nd therefore the event was extended at several retailers until the end of June. This resulted in total sales v, ell above 2002 levels, which encouraged this program to switch to more of a "seasonal approach" for 2004. Ti us means having a presence in the participating stores throughout the growing season, and rotating emphasis on the selected product during the appropriate time for it to be sold (e.g. lawn mowers in April/May, soal:er hoses in July). Northwest Natural Yard Days is also planning to develop a stronger retail presence For compost bins. For example, Home Depot marketed a compost bin for the 2003 program, and this could hz ve wider availability in 2004. Waste Reduction and Recycling Options Promotion The City and WM cooperated on production of a direct mail piece that was sent to over 15,000 residents in February promoting recycling and hazardous waste disposal options. The Fall Recycling Options brochure is now being developed and is slated for distribution in Novem~: er 2003. This brochure will provide details on waste disposal options and the winter schedule for yard wm ;te collection. Multi-Family Recycling Program Promotion Over the past 18 months, all Federal Way complexes have been contacted about the availability of"two-sor t" recycling service, akin to the residential curbside program (one cart for all paper & one cart for ~11 containers). Complexes making the switch to the new service receive several forms of assistance. Assistan~ :e includes delivery and distribution of announcement flyers, assistance with translations, delivery m td distribution of in-unit recycling containers (reusable blue bags - one for paper and one for containers), mtd posting instructive signs nearby collection stations. Complexes then receive sets of recycling carts from Waste Management. The following is a summary of 2002-2003 activities to date: Action # Former "commingled" recycling complexes accounts changed to the new "two-sort" system, including receipt/distribution of interior 12 recycling containers, flyers, signs and recycling carts New Recycling Accounts (representing 2,390 residences) implemented during this period, including distribution of interior recycling 19 containers, flyers, signs, and recycling carts. Grand total of residences that received promotional materials, flyers, signs, interior containers, and carts during this period. 4,296 Regional Home Compost Bin Distribution Compost Bin sales were down markedly at the 2002 County-coordinated "truck-load" distribution in sc King County. This, coupled with the County's current budget crises, resulted in no formal regional s~ events slated for 2003. The 2003 grant funding allocated to Federal Way was insufficient to support a lc "truck-load" sales event. Further, the vendor that maintained an inventory of compost bins remaining fr the City's prior sales event went out of business in July 2003. To remedy this, staff is considering procur and inventorying additional bins so that Federal Way residents interested in obtaining a compost bin ¢ easily do so. Another option would be making special arrangements with an internet-based distributi company who carries a wide range of compost bin choices. In 2004, emphasis will also be placed on rel sales of bins, potentially moving away from future "truck-load" style sales events. Organic Waste Collection from Commercial Sources In 2003 staff continued investigating ways to increase diversion & recycling of organic materi (compostable scraps). Staff tracked results of several pilot projects throughout the Puget Sound region to if any models could be applied to Federal Way. These pilot projects highlighted the folh difficulties/opportunities: ath les cai ~m ing an on ail als :ee 1. Identifying sufficient commercial customers to achieve necessary route density (at the hil collection frequencies required for effective organics collection). 2. The current commercial garbage rate structure is based on volume (cubic yards) not weight, whi means that generators of wetter, denser materials (like restaurants who have organic scraps) have th, garbage rates subsidized by those generators who produce lighter wastes (like retailers and offices). Staff not yet prepared to propose changing the rate structure to build-in a weight-based economic incentive divert organic materials. However, Redmond and Bellevue are in the process of revising rate structures better account for these density discrepancies among service classes, and plan to implement pilot organ/ collection programs in 2004 or beyond. This will provide us with some models to consider for structuri rates to motivate participation. 3. Our organic materials (yard debris) are currently processed at a facility in Covington. This facil: is not yet fully permitted to handle post-consumer organics, which means this material would have to 1 hauled a further distance (to Cedar Grove Composting east of Maple Valley). This increased cost would al~ have to be factored into the rate structure. :h :ir IS to to CS ~g )e ~0 4. An analysis needs to be conducted to determine if disposal of commercial organics via wl water (sewage) would be more cost effective than containerized collection and land-based composting. If is the case, the focus of this effort (to divert organics) may change to emphasize more efficient grindin~ scraps, and then processing them via the waste water system. Close consultation with Lakehaven Uti District will be part of this analysis. 5. Adding organics to residential yard waste collection is a promising area. Several succes~ ongoing projects have been implemented in King County, wherein residents are instructed to add cer organics (e.g., tissue, soiled paper, food scraps) to the standard yard debris in their cart. This scen,' requires year-round weekly yard debris collection (presently Federal Way has every-other week collecl during winter months). Waste Management may offer year-round weekly in exchange for Federal Wi endorsement of their new single-stream recyclable materials collection process. More information will available on this area of focus in the coming weeks. This project is intended to extend through 2004 and 2005. Business Recycling Outreach Program This effort focuses on waste reduction and recycling outreach to businesses through "on-request" assistai and targeted programs, such as ongoing expansion of recycling services at SeaTac Mall. Regr advertisements have been developed and placed in the Federal Way Chamber of Commerce newsletter educate businesses about special disposal issues (electronics waste, fluorescent tubes, etc.) and to encoun businesses to contact service providers for assistance. Special RecYcling Collection Events The recycling events continue to provide residents with a convenient method to recycle a wide variety materials that are not normally collected via curbside recycling. The spring event was held on April 26th, fall event will be held September 27th. Use of the new venue (21st Avenue SW Park & Ride) has prove~ be more effective than the S. 348t~ Park and Ride, as access is easier and the location is closer to m residences. Collecting used TV's (on a fee basis to cover the cost of responsible dismantling and recyclir has been another worthwhile addition. For the fall event, all battery types will be collected and recycled (rather than only lead acid and rechargeal types). Computer monitors continue to be collected at no charge to the public, with grant funds offsetting cost of responsible recycling. At the fall event, plans are also being made to "triage" computer monitors that resalable ones are diverted for reuse (similar to how computer CPU's have traditionally been handh The City continues to utilize service providers with a clear reputation for responsible electronics sc handling. Regional and national efforts have yet to establish a "product stewardship" protocol for electronic was' (coordinating recycling costs between manufacturers, recyclers, consumers, and the public sector). T] protocol - likely several years away - will impact the types and methods for handling electronics at futt recycling events (for example, electronics retailers may implement more accessible point-of-purch,' recycling services for these items). 'At-Home' Household Hazardous Waste (HHW) Collection As described in the 2002 grant report, efforts to start this pilot project were stymied since the select~ contractor could not obtain permitting from the Health Department. In 2003 the contract with this ven. expired. Staff is presently investigating use of a local, small-scale service provider who is experienced b, [ste :his ;of lity ain [rio ion y's be ice lar to [ge of :he to )re .g) ,le he SO t). ap :es lis [re se in business and residential Hazardous Waste collection services. Further, the permitting process require the Health Department is being revised to reflect new State Solid Waste regulations. Under the regulations, obtaining a permit from the Health Department will no longer be required. The new regulat should be adopted before the end of 2003, and will remove a major impediment to initiating this project. In the meantime staff will complete due diligence and then develop a contract with the new vendor, re how to effectively promote this service, and prepare for carryforward of remaining available grant fun& "At-Home" services for use in the 2004 grant cycle. There is also the potential that "At-Home" serx could be used to augment the standard HHW Wastemobile event services, which are anticipated tc reduced in Federal Way in 2004 (as this is the last year of the pilot project for monthly, "one-c Wastemobile events). There is a potential that a fixed-site HHW collection facility would be located at Bow Lake Transfer Station, as part of its remodel process slated for 2005, altering the dynamics of mo HHW collection services in the south county - likely further reducing Wastemobile access. by ions ~isit for ices be ay" the bile In conjunction with the scope of this grant project, staff also developed a proto-type promotion display can be used to distribute the "Paint Calculator" promotional piece - a handy chart showing how much is required to complete various interior paint projects. Retailers will be introduced to the new display fall, and encouraged to allow in-store placement of the Paint Calculators. Staff is also currently coordinating with King County on a pilot hazardous materials collection effort targeting Federal Way business that qualify as Small Quantity Generators. The intent is to coordirCate handling and collection of hazardous materials from groups of businesses. The County will subsidize ~he pick-up and transportation costs (typically running $100 to $150 per business), while the businesses will s till be responsible for disposal costs. This service will save businesses time and money - no schedul ng individual collection and/or transporting their own materials to disposal sites. A postcard mailer is be ng designed to promote this service; it will be sent to area businesses with 500 or less employees. Otlter promotional avenues are being explored (such as presentations to local business groups). The acta tal collection of the hazardous materials is slated to take place in October and November 2003. kSfedc~2OO3L2003 sw&r grants a2.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING ACCEPTANCE OF MONIES AND DIRECTING EXECUTION OF AGREEMENTS TO ACCEPT FUNDS FROM VARIOUS STATE AND COUNTY SOURCES FOR ESTABLISHING PROJECTS WITHIN THE SOLID WASTE AND RECYCLING FUND. VgttEREAS, cities are charged with providing and maintaining public projects necessary maintain and improve the public health, safety and welfare; and WHEREAS, the financial resources of cities to provide these necessary service ant improvements are limited; and WHEREAS, various state and county sources have special funds available to sup[ projects, which are awarded on a population allocation and project specific basis; and WHEREAS, the City staff has pursued obtaining these funds in order to maximize the local public benefits of these funds; and WHEREAS, the grants identified herein will net the City of Federal Way a total of Two- Hundred Fifty-Eight Thousand Seven Hundred Twenty-Four and No/100 Dollars ($258,724); and WHEREAS, the City commits to accountability by measuring and quantifying the results of the funded programs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Agreements Authorized. For all projects identified in Column 1 of Exhibit A, attached hereto and incorporated herein by this reference, the City Manager or his designated representative is authorized and directed to develop scopes of work and execute such agreements with the agencies identified in Column 2 of Exhibit A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. Res. # , Page 1 Section 2. Receipt of Funds Authorized. The City Manager or his or her designee is heret,y authorized to receive the grant monies identified in Column 3 of Exhibit A attached hereto. Section 3. Creation of Solid Waste Proiect Grant Funds Authorized. At the time ofexecuti. of each agreement and acceptance of the grant funds specific to that agreement, separate projects shall b. established within the Solid Waste and Recycling Fund, into which monies specific to that grant project sha] be deposited. Section 4. Manager Shall Administer Funds. The City Manager or his or her designate, representative shall have responsibility for the administration of the grant monies received, and award ofgran projects to qualified vendors and contractors. Section 5. Identification of Source Funds. The approximate amounts and anticipated source: of revenue for the grant fund projects are identified in Exhibit A attached hereto. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 8. 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 ,2003. CITY OF FEDERAL WAY Res. # ., Page 2 MAYOR, JEANNE BURBDGE 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:\councilXagdbillsL2003~swr 2004 grant resolution.doc Res. #_ , Page 3 MEETING DATE: September 16, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 CDBG Proposed Use of Funds CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum to the Parks, Recreation, Human Services, and Public Safety Committee dater September 2, 2003, including: 1) The 2004 CDBG Proposed Use of Funds as of August 18, 2003; 2) 2003 CDB( Contingency Plan; 3) 2004 CDBG Funding Conditions; 4) Project descriptions for each application; 5) Planning ~ nd Administration Budget - Staff Recommendation; 6) A two-page overview of the CDBG program guidelines; and 7) a reference copy of the City's CDBG Funding Strategies. SUMMARY/BACKGROUND: The Human Services Commission reviewed and evaluated 23 proposals for 2004 Community Development Block Grant (CDBG) funding. The Commission submitted questions to applicants, an, held public hearings on July 14 and August 18, 2003 to obtain public comment on preliminary funding recommendatk The preliminary recommendations were based on an original grant estimate of $1,066,216. On August 8, the Cit~ received a revised grant estimate of $1,048,591. Following the August 18, 2003 Public Hearing, the Commission revised the recommendations and contingency plan using the new estimates. The final amount available to allocate in 20( 14 will not be known until Congress adopts the 2004 federal budget, expected to be in December of 2003. The 2004 Con Iingency Plan will be utilized should the final allocation be higher or lower than the current estimate. CITY COUNCIL COMMITTEE RECOMMENDATION: At their September 8, 2003 meeting, the Committ reviewed and approved the Commission's recommendations. The Committee requested a report from the City Ma nager on options for funding of the City's Domestic Violence & Victim Advocacy Program. PROPOSED MOTION: I move approval of the 2004 Community Development Block Grant Proposed Use of 1: unds including the 2004 Contingency Plan and 2004 Conditions of Funding, as presented by the Human Services Comt ~ission. The City Manager is authorized to enter into the required agreements to carry out Federal Way's 2004 CDBG pro ram. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 5,C CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: September 2, 2003 ...z' ,~/0 ~ ~G Coordinat Kelli O'Donne~G Coo David MoseJe~[[~ Manager 2004 CDBG Pro'~sed Use of Funds Background The Human Services Commission is pleased to present the 2004 Community Development Block Grant (CDBG) Proposed Use of Funds. The Council Committee is asked to review the funding recommendations and forward them to the full City Counci for final approval. Included with this memo is: (1) the 2004 CDBG Proposed Use of Funds as of August 18, 2003; (2) a contingency plan providing guidelines for adjusting grant awards should the funds available increase or decrease; (3) recommended funding conditions for 2004 capital projects and public service programs; (4) project descriptions for each application, (5) Planning and Administration Budget - Staff Recommendation; (6) a two-page overview of the CDBG program guidelines; and (7) a reference copy of the City's CDBG Funding Strategies, 2000-2004. Recommendation Process The total amount of funds available for the year 2004 is estimated at $1,048,591. Federal regulations limit the amount of CDBG funds that can be allocated for public service programs and planning and administration activities. The Human Services Commission made their recommendations based upon the August 8 estimates of funds available in the following funding categories: $ 838,282 $ 119,425 $ 90,884 $1,048,591 Capital Projects Public Services Planning and Administration Total Available for 2004 CDBG Program On April 28, 2003, applications were received for capital projects and public service programs. Fourteen proposals requested a total of $383,534. Of that total, $140,550 was requested for capital projects and $242,984 was requested for public service programs. Due to the limited capital proposals submitted, the Commission reopened the application process for 2004 CDBG capital projects. Nine additional capital proposals were submitted for 2004 CDBG for a total of $1,269,759 in capital requests. The Commission also reviewed the Federal Way Housing Repair program as part of the 2004 CDBG capital projects. During weekly meetings, the Commission carefully reviewed each application and submitted questions to applicants before developing a preliminary recommendation. The Commission then hosted public hearings to collect citizen comments on the preliminary recommendations. These comments were considered as the Commission continued deliberations and voted on the Proposed Use of Funds for public services o~ July 14, 2003, and capital projects on August 18, 2003. The Proposed Use of Funds for all 2004 CDBG funds as of August 18, 2003, is attached (Attachment 1). The final amount of the 2004 CDBG entitlement will not be known until December of 2003. The Commission has developed a Contingency Plan should the amount of fun~ increase or decrease in any of the funding categories. Please see the Contingency Plan for detailed information (Attachment 2). In addition, the Commission recommen¢ conditions of funding for the capital projects and public service programs to address specific concerns identified during the application review process (Attachment 3). The Commission faced the difficult task of how to allocate the limited resources to besl assist Iow- and moderate-income residents of Federal Way. Project summaries are included as Attachment 4. During discussion of the public service projects, the Commission asked that the 2004 Proposed Use of Funds note, that although they wer~ not recommending funding of the City's Domestic Violence & Victim Advocacy Progran the Human Services Commission strongly urges the City Council to fund this program through the General Fund. The Commission reviewed the 2004 budget for administering Federal Way's CDBG program as detailed in Attachment 5. The Commission recommended utilizing the estimated $90,884 available in 2004 to administer Federal Way's CDBG program. The Commission is confident that the Proposed Use of Funds complies with local and federal statutory guidelines. At the same time, it offers a diverse portfolio of projects and programs that predominantly benefit Iow- and moderate-income individuals. A final public hearing is scheduled to take place at the City Council meeting on September 16, 2003, after which the Council will consider the 2004 CDBG Proposed Use of Funds for final approval. Committee Recommendation The Committee recommends approval of the 2004 Community Development Block Grant Proposed Use of Funds including the 2004 Contingency Plan and 2004 Conditions of Funding, as presented by the Human Services Commission. This recommendation is forwarded to the full City Council for consideration at the September 16, 2003. The City Manager is authorized to enter into the required agreements to carry out Federal Way's 2004 CDBG program. IAPPROVAL OF COMMITTEE REPORT: ittee Chair b6r~mi~j~'e ~mbeF Member. ;I E tl 0 0 0 m E '0 0 0 rn Draft 08/18/03 CITY OF FEDERAL WAY 2004 CDBG CONTINGENCY PLAN Atb The allocation process for 2004 Community Development Block Grant (CDBG) funds is based upon a estimate of Federal Way's 2004 CDBG funds. The City will not know its exact grant amount until after Congress passes the HUD Appropriation Bill. This is expected to occur by December 2003. For this ~ the allocation process includes a contingency plan. The plan allows for adjustment up or down based the final grant amount. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects -- The City will apply the increase in the amount of CDBG capital funds as follows: 1. Additional capital funds available, up to $17,625, will be allocated to the King County Housing Community Development Federal Way Housing Repair Program; and 2. Additional capital funds available, up to $10,000, will be allocated to the Children's Therapy Ce~ the Bridge to a Brighter Future Project; and 3. Additional capital funds available, up to $1,104, will be allocated to Federal Way Community C~ Network for the FUSION Transitional Housing Program for Women & Their Children; and 4. Additional capital funds available, up to $100,000, will be allocated to King County Housing an¢ Community Development for the Federal Way Housing Repair Program; and If additional capital funds are received, funds will be carried over to the 2005 CDBG program y, unless the Human Services Commission requests new applications for funds and/or additional action is taken to allocate funds. Public Service Programs - The City will apply the increase in the amount of CDBG public service fun follows: The first $5,000 of additional funds available will be allocated to Federal Way Youth and Family Services, Family Support Program to increase the Russian Family Advocate services; and The second $5,000 of additional funds available will be allocated to Big Brothers Big Sisters of and Pierce Counties, Federal Way Mentoring Program; and Any additional public service funds received will be allocated proportionately to the public servi( programs recommended for funding in 2004 up to their requested level of funding. These progl are: Big Brothers Big Sisters of King and Pierce Counties, Federal Way Mentoring Program; C~ Community Services, Katherine's House Transitional Housing for Homeless Single Women in Recovery; Elder-Health Northwest, Connection Adult Health Care; Federal Way Norman Center YMCA, CARES Program; Institute for Family Development, PACT; MultiCare Health System, A( Health-Auburn; and If additional public service funds are received, funds will be carried over to the 2005 CDBG prog year unless Human Services Commission requests new applications for funds and/or additional Council action is taken to allocate funds. ~chment 2 ;ason, upon ~ter for ~regiving ;ar Gouncil ds as (ing ams ~tholic lult Day 'am Draft 08/18/03 Planning and Administration - The City will apply the increase in the amount of CDBG planning ant administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's CDBG program; and Additional funds not needed for administration of Federal Way's CDBG program will be appliec the costs of additional planning activities consistent with the King County Consortium Consolid Housing and Community Development Plan; and 3. Additional funds received not needed for planning and administration activities will be allocatec capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects - The City will decrease the amount of CDBG funds allocated for capital projects as 1. Any unallocated capital funds available will be decreased before reductions are made to specil projects. Decreases will be made to 2004 CDBG Capital Projects in proportion to the percentage decrea grant funds except for the Boys and Girls Club of King County Federal Way Youth Developmer Project; the Boys and Girls Club of King County Federal Way Boys and Girls Club Outdoor Pla, Construction; and, Multi-Service Center Employee Development Services Project. The followi~ projects will be reduced proportionately: Abused Deaf Women's Advocacy Services (ADWAS) of Our Own Project; Birth to Three Development Center Acquisition of Parent and Program Sul Services Building Project; Children's Therapy Center The Bridge to a Brighter Future Project; F Way Community Caregiving Network FUSION Transitional Housing Program for Women and £ Project; King County Housing and Community Development Federal Way Housing Repair Proc and, Multi-Service Center Garden Park Apartments. Public Service Programs - The City will decrease the amount of CDBG funds allocated for public s, programs as follows: Decreases will be made to all public service programs in proportion to the percentage decreas~ grant funds until they reach the $5,000 minimum funding level. These programs are: Big Brott Sisters of King and Pierce Counties, Federal Way Mentoring Program; Catholic Community Se Katherine's House Transitional Housing for Homeless Single Women in Recovery; Community Centers of King County, Federal Way Dental Access; Elder-Health Northwest, Connection Adul Care; Emergency Feeding Program, Federal Way Emergency Feeding Program; Federal Way Center YMCA, CARES Program; Federal Way Senior Center, Adult Day Care; Institute for Far~ Development, PACT; MultiCare Health System, Adult Day Health-Auburn. Planning and Administration -- The City will decrease the amount of CDBG funds allocated for CDB planning and administration as follows: 1. Funds for additional planning activities will be reduced first; then 2. Funding for CDBG administrative activities will be decreased. toward ited to follows: ac se in Center ~round g A Place ~port ederal hildren ram; rvice ;in ~ers Big 'vices, -lealth :Health qorman ily G Draft 08/18/03 AttachmE:nt :3 2004 CDBG ALLOCATIONS PROCESS Funding Conditions for Capital Projects and Public Service Projects The first condition applies to all capital funded projects. The second condition applies to all 2004 CDBG projects funded. Following that are specific conditions for projects recommended for funding. The specific condition(s) address concerns that Staff and the Commission discussed as they reviewed the applications. All 2004 CDBG Capital Projects 1. Federal Way 2004 CDBG Capital Projects will contract with the King County Departmen of Community and Human Services. Federal Way 2004 CDBG Capital Projects have two years to complete the project activity unless the project is extended by the Joint Recommendation Committee with input from the City of Federal Way. All 2004 CDBG Projects An environmental review of Federal Way-awarded CDBG projects must be completed b King County before contracts will commence. All projects must comply with Community Development Block Grant Program Regulations (24 CFR Part 570) and applicable King County Consortium policies as outlined in the King County Consolidated Housing & Community Development Plan for 2000-2003, as amended. All CDBG projects shall comply with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now exist or hereafter adopted or amended including land use and/or building permit requirements and processes. Abused Deaf Women's Advocacy Services (ADWAS) A Place of Our Own Project Verification that at least 51% of the clients qualify as Iow- and moderate-income under the Official HUD income Guidelines or that the project qualifies under another CDBG National Objective. b. Documentation that funding sources have been committed to complete the project. Multi-Service Center Employee Development Services Project Subject to condition b, the Multi-Service Center Employee Development Services Proje. is funded for the portion of the 2004 fund year remaining following completion of the 2003 CDBG contract for Federal Way Employee Development Services. Funding will bE pro rata for the portion of the 2004 calendar year remaining. This award is conditioned on the 2003 Multi-Service Center Employee Development Services Project meeting, or exceeding, the 2003 performance measures for the l't, 2,d, and 3rd quarter of the contract and assurance from the applicant that the 4th quarter performance measures and 2003 outcome measures will be met. Page I of 3 Draft 08/18/03 Boys and Girls Clubs of King County Federal Way Boys and Girls Club Outdoor Playground Construction: All volunteer labor must be approved by King County before construction begins with a determination of what documentation/record keeping of volunteer labor is required by th agency. Big Brothers Big Sisters of King and Pierce Counties - Federal Way Mentoring Program A data collection form to collect Iow- and moderate-income information is approved by CDBG staff. Catholic Community Services - Katherine's House Transitional Housing for Homeless Single Women in Recovery ao Verification of commitment of operating funds from other sources for 2004 sufficient to maintain the program at the current level. Community Health Centers of King County - Federal Way Dental Access ao Federal Way Dental Access Program funding is contingent upon the Federal Way Dent; Access Program receiving funding from Federal Way's 2004 Human Services General Fund for a minimum of $15,900. Funds awarded, as part of Federal Way's 2004 CDBG program, must be used to provid, additional units of service above that provided by a 2004 Federal Way Human Services General Fund award. Emergency Feeding Program - Federal Way Emergency Feeding Program Federal Way Emergency Feeding Program funding is contingent upon the Federal Way Emergency Feeding Program receiving funding from Federal Way's 2004 Human Services General Fund for a minimum of $7,800. bo Funds awarded, as part of Federal Way's 2004 CDBG program, must be used to provide additional units of service above that provided by a 2004 Federal Way Human Services General Fund award. Funds awarded are contingent upon verification that the 2001 and 2002 audits of the Church Council of Greater Seattle (CCGS) have not noted any internal control structure or operational matters of concern and that those noted in the 2000 Audit have been addressed. Institute for Family Development - PACT funding is contingent upon the PACT Program receiving funding for Federal Way's 2004 Human Services General Fund for a minimum of $3,000. Page 2 of 3 Institute for Family Development- PACT (Parents and Children Together) Draft 08/18/03 Funds awarded, as part of Federal Way's 2004 CDBG program, must be used to provi(le additional units of service above that provided by a Federal Way 2004 Human General Fund award. Korean Women's Association - "We Are Family" Parent Skills Training A data collection form to collect Iow- and moderate-income information is approved by CDBG staff. Page 3 of 3 Attachment 4 2004 CDBG Application Summaries Public Service Programs Tabs 4-15 Title: Category: Request: Applicant: Tab 2004 CDBG APPLICATION SUMMARY Big Brothers Big Sisters of King & Pierce Counties - Federal Way Mentoring Program (BBBSKPC-FVVMP) Public Services $35,O00 Big Brothers Big Sisters of King & Pierce Counties (BBBSKPC) One Sentence Use of Funds Funds will provide financial assistance toward recruiting, matching, and maintaining youth mentors in Federal Way. Eligible Activity: Public Services National Objective: Low/Mod Income Benefit - Limited Clientele - Agency Maintains Proof ESA: Exempt Local Strategy #3: Address human services needs, which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of life. Project Description Big Brothers Big Sisters has been serving Federal Way youth since the 1970's. For the past s years, BBBSKPC has worked closely with the Federal Way School District and Rotarians on mentoring services. The program targets any Federal Way child who would like and/or benefit from having a one-to-one mentor; and, adult and high school volunteers interested in providing youth with a positive, consistent, and caring role model. The primary goal of the program is to match Federal Way youth waiting for a mentor and nurture the relationship, while providing successful existing matches with quality support. BBBSKPC three-year strategic goal is to serve 80 Federal Way children each year through 2005. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The applicant cites the Washington Kids Count report that states that Washington remains one of seven states that showed an overall increase in the percentage of high-risk children from a decade ago and that 31% of Washington children are not living with two parents. Approximatel 89% of the Federal Way children served by Big Brothers Big Sisters live in single-parent homes and 84% come from families who are Iow income. According to a Public/Private Ventures research report: 52% of youth who participate in professionally supported one-to-one mentoring programs like BBBSKPC improve school attendance, 37% earn higher grades, 37% feel better about school, 37% have improved relationships, 46% were able to resist drugs; and 30% decreased the use of violence to expres,, anger or frustration. The agency reports that they currently serve 38 Federal Way youth and project expansion to serve a total of 83 Federal Way youth if funds are secured. The performance and outcome measures are relevant to the funds requested and the proposed service. Tab t Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The agency is requesting $35,000 to serve 83 Federal Way residents in 2004. The funds requested represent 48% of the budget to serve Federal Way residents and represent 4% of th agencies overall budget. Funds would be used for additional staffing to increase the number ol Federal Way youth matched with mentors and ongoing support. The expenditures appear to b~ reasonable. The agency's funding base is primarily through grants and private fund raising. The agency notes that the two-year economic decline has reduced the agency's budget and staffing substantially, which is apparent in the program budget. The agency is focusing on restructurin and moving to a new national service delivery model and anticipates a return to growth. Capacity of Applicant (to manage and/or provide long-term operating support) Big Brothers Big Sisters has been serving Federal Way residents since 1970 and been in the Puget Sound region since 1957. The agency has the experience and history necessary to me the significant challenge of securing long-term operating funds in the current economy. Project Revenue Sources Federal Way CDBG Federal Way General Fund Other Federal State King County Other Cities United Way of King County Fundraising/Grants/other TOTAL COST 35,000 0 o o o 30,000 131,431 665,451 861,882 2003 CDBG Funds Budgeted $ 0 2003 General Funds Budgeted $ 0 2004 CDBG % of Overall Budget 4% 2004 Program Cost FW Only 48% 2004 CDBG APPLICATION SUMMARY Title: Category: Request: Tab Katherine's House Transitional Housing for Homeless Single Women in Recove Public Services $10,000 Applicant: Catholic Community Services One Sentence Use of Funds Funds will be used for case management and staffing costs for on-site services for transitional housing for single women in recovery from drug/alcohol abuse. Eligible Activity: Public Services National Objective: Low/Mod Income Benefit - Limited Clientele - Agency Maintains Proof ESA: Exempt Local Strategy #3: Address human services needs, which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualil of life. Project Description Katherine's House is a six-bed facility built in 2001 that provides structured family-style living with intensive case management to homeless, chemically dependent women in recovery. The program is designed to help women return to independent living as productive members of the community. Residents may stay up to two years. They must participate in treatment, mental health counseling, vocational training, job search, and other life skills. Applicants must be homeless single women, 18 years or older, with a history of drug/alcohol abuse with at least 6( days current sobriety. Priority is given to women exiting the King Count Regional Justice Center. The program objective is to provide safe, affordable housing for homeless drug-addicted ex- offenders and supportive case management that will enable them to re-enter our communities as healthy citizens. The applicant is collaborating With the Regional Justice Center to track recidivism and transition success rates for five years for women participating in the program. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The applicant states that in King County the female inmate population has increased 20% ove the past 10 years, of which 35% have committed drug/alcohol related offenses. Another 35% were charged with crimes related to their addiction. Roughly 70% of these women are homeless when they are released into south King County. Including Katherine's House, there are only two transitional programs and one nine-bed shelter in all of South County. King Coun recently closed their in-patient treatment center due to budget cuts resulting in a loss of 208 beds. In 2002, Washington State DASA reports a 75% treatment gap rate for this population and indicates 44% of CPS referrals involved parental substance abuse. The program addresses these demonstrated needs by combining transitional housing with supportive services and outpatient treatment. Catholic Community Services has a long history of providing human service programs throughout King County. Katherine's House is a new program that received initial operating funds from the Bureau of Justice. Since these funds have expired, the agency is seeking operating funds from a variety of sources. Tab 5 The agency has provided outcome measures relevant to the funds requested and the propose, service. Staff will request confirmation from King County that the 12-step program included in the Katherine's House curriculum is appropriate for use of CDBG funds. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The agency is requesting $10,000 to serve two Federal Way residents in 2004. Funds would used for a portion of the salary for the resident manager for case management support. Two Federal Way residents would represent 16.66% of the twelve clients served in 2004. The $10,000 the applicant has requested represents 5.7% of the overall cost of the program. The expenditures appear to be reasonable. The agencies funding base includes increased support from United Way, private foundations, and requested funding from South King County cities, the State and County. The expenses ar~= projected to exceed revenues in 2004 should all funding be secured and the program has beef operating on a deficit since 2002. The agency is focused on securing on-going operating fund~ to address this challenge. How the agency intends to address this should additional funds not be secured would be an appropriate question. Capacity of Applicant (to manage and/or provide long-term operating support) The agency operates three Family Centers and Catholic Community Services provides emergency assistance for basic needs, mental health counseling, and numerous other service throughout King County. In addition to Katherine's House, CCS operates transitional housing with supportive services for homeless families, teens, and two homeless men's shelters. In 2002 CCS staff served over 250 women as they left the Regional Justice Center. CCS has th( experience and history necessary to meet the significant challenge of securing long-term operating funds in the current economy. Project Revenue Sources Federal Way CDBG Federal Way General Fund Other Federal State King County Other Cities United Way of King County Fees for Service Fundraising/Grants TOTAL COST $ 10,000 $ o $ o $ 30,000 $ 20,000 $ 29,000 $ 30,000 $ 7,000 $ 49,000 $175,000 2003 CDBG Funds Budgeted $ 0 2003 General Funds Budgeted $ 0 2004 CDBG % of Overall Budget 5.7% 2004 Program Cost FW Only 34% Tab 6 2004 CDBG APPLICATION SUMMARY Title: Category: Request: Federal Way Domestic Violence Unit Public Services $38,930 Applicant: City of Federal Way - Legal Services (CFW- Law) One Sentence Use of Funds The Federal Way Domestic Violence Unit (DV Unit) is requesting funding for a part-time domestic violence victim advocate, and a part-time investigator, and interpreter's service for non-English speaking victims. Eligible Activity: Public Service National Objective: Low and moderate Income Benefit - Limited Clientele - Presumed Benef ESA: Exempt Local Strategy # 3: Address human service needs that focus upon self-support systems that empower familie and communities to contribute to their own well being and enhance the quality of their lives. Project Description The Federal Way Domestic Violence Unit is responsible for the prosecution of domestic violence cases that occur in Federal. Way. In addition, the DV Unit provides Domestic Violence Advocates for residents of Federal Way who are victims of domestic abuse. Victim advocates help victims of domestic violence through the legal process, assisting in the development of safety plans, and gathering additional evidence for prosecution. Advocates inquire about physical injuries while assessing victim safety and refer victims to other agencies that may be able to provide shelter or financial aid. Advocates assist victims in obtaining No Contact Order participate in court appearances; and accompany victims and witnesses to attorney interviews court interviews, court hearings, trails, and follow-up photos of injuries. In addition to funding for a part-time advocate, the proposal requests funding for a part-time investigator to contact witnesses, gather statements, and serve subpoenas. Funding is requested for interpreter services for victims whose primary language is not English. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The application describes the need for the program by noting domestic violence crimes make a substantial portion of the misdemeanor crimes prosecuted by the criminal division of the Lay Department. In 2002, the Law Department reviewed 3,421 police reports for charging decisions. Of these, 600 involved domestic violence offenses. The DV Unit prosecutes domestic violence offenses and assists victims in navigating the legal system, safety planning, and making choices about their own lives to take control back from abusers through the use of domestic violence advocates. The goal of the legal advocacy services is to avoid repeat offenses of domestic violence in their families. Most victims have little or no experience when faced with difficult legal or support service choices. The performance measures and outcome measures are realistic based upon the past history c the program. This program provides a proactive approach to domestic violence in an effort to hold batterers accountable while providing support to victims. ip fTab Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The City assumed responsibility for the prosecution of domestic violence from King County in 1997. Federal Way funds one FTE to provide victim assistance, which was originally funded with CDBG funds. (The full-time position was originally funded through CDBG in 1998 and wa transferred to the city's budget in 1999). The part-time FTE has been funded with CDBG fund= since 1999. A reduction in funding would impact the legal advocacy and support services available to Federal Way residents. CDBG funding for this program was reduced in 2003 to $20,000 that currently pays for the salary and benefits of the part-time victims advocate (.40 FTE). If fully funded, the 2004 CDB( application would pay salary and benefits for .75 FTE of a victim advocate, provide funding for an investigator, and $500 for interpreter services. The personnel costs and interpreter service: are eligible for CDBG funding. The request represents 20% of the budget for the Domestic Violence Unit in the Federal Way Law Department. This program is funded solely between the City of Federal Way and CDBG funds. Federal Wa residents are served exclusively by the program so it would not be feasible to receive funding from surrounding communities. Other funding opportunities may be available but are highly competitive in the current economic client with shrinking budgets and higher human service needs. The expenditure levels are realistic based upon the past history of the program and provides a high volume of services to residents dealing with domestic violence issues in Feder Way. Capacity of Applicant (to manage and/or provide long-term operating support) The domestic violence victim advocate(s) have assisted with domestic violence cases in Federal Way since 1998. The program has shown growth over the time it has been funded wi1 CDBG and has provided a valuable service to Federal Way residents. The City has shown its commitment to this program by providing General Fund dollars for the full-time victim advocate and the daily operating costs of both positions. Project Revenue Sources Federal Way CDBG Federal Way General Fund TOTAL COST $ 38,930 $156,893 $195,823 2003 CDBG Funds Budgeted $20,000 2003 HS General Funds Budgeted $0 2004 CDBG % of Overall Budget 19.8% 2004 CDBG % of FW Program Cost 19.8% al CITY OF FEDERAL WAY 2004 CDBG APPLICATION SUMMARY Title: Dental Access Category: Public Services Request: $15,000 Applicant: Community Health Centers of King County (CHCKC) Tab ? Eligible Activity: Public Services National Objective: Low/Mod Income Benefit - Limited Clientele - Agency Maintains Proof ESA: Exempt Local Strategy #3: Address human services needs, which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of life. Project Description Federal Way Dental Access provides operative, preventative, restorative and emergency denb care to Iow and moderate-income Federal Way residents. Services are provided on a sliding- fee scale, according to family size and income. No one is denied care because of an inability pay. There are currently only two other public health clinics, in addition to the three CHCKC sites, that use sliding fees for uninsured and underinsured clients in south King County. CHCKC sites are the only ones to accept adults between 18 and 60 years of age. Interpretation services are provided free of charge for clients with limited English speaking ability, hearing impairment and sight impairment. The Federal Way Community Dental Cente~ has an emergency walk-in clinic one morning a week at which only urgent cases are served. The patients are seen based upon the severity of their case at the emergency clinic. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) Approximately 98% of the patients served in 2002 through this program had family incomes at or below 50% of King County median income and almost 31% of the Federal Way dental patients in 2002 had no dental coverage. CHCKC projects similar income levels in 2003 and 2004. The CHCKC cites a health department random sample of 2nd and 3rd grade children in King County that states that children from African American, Hispanic, and Asian/Pacific Islander communities are 300% as likely as White children to have untreated caries. The Census 2000 data shows Federal Way's population has increased 23% since 1990 with Hispanic, African American and Asian/Pacific Islander communities more than doubling. Community Health Centers of King County (CHCKC) provides interpreter services at no additional charge to clients. The applicant states that the benefits of improved dental care include: better school attendanc for children, less job absenteeism for adults, and better nutrition for seniors. The costs of preventative dental care are a fraction of the cost of restorative and emergency dentistry. Increase in the need for services is expected due to non-citizens no longer being eligible for Medicaid, Basic Health coverage not providing dental or interpretation expenses, and the potential loss of State funding in covering these expenses after June 30, 2003. One Sentence Use of Funds CHCKC will use Federal Way CDBG funds to provide operative, preventative, restorative, and emergency dental care to Iow-and moderate-income Federal Way residents. Tab 7 The agency has provided outcome measures that are proportionate to the funds requested fro;~ Federal Way with the funds covering only 3.27% of the services delivered to Federal Way residents. CHCKC expects to serve 2,111 clients in 2003 at their Federal Way site. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The agency is requesting increase of $4,000 (36%) above the 2003 CDBG allocation due: to increased costs of providing dental care to uninsured Federal Way residents; the expansion from 1.6 FTE dentists to 2.00 FTE dentists at the Federal Way Community Dental Center; and the increased costs for interpretation expenses due to the loss of Medicaid coverage for non- citizen residents. The City funds the Dental Access program through both CDBG and Human Services Fund programs. The CDBG award has been used to fund a portion of one dentist's salary at the Federal Way clinic. The City's CDBG contribution supports a small portion of the overall program budget (1.95%). Funds provided by Federal Way CDBG will support 108 dental visits in 2004 to 51 patients. The agency has a diverse funding base including funding from all levels of government and private funding sources. CHCKC receives funding from a number of cities in King County. Th, budget in this application shows Federal Way only, because this budget is for the Federal Wa~ dental clinic only. Federal Way also comprise 4% of Auburn's Community Dental Center patients and 3% of Kent Community Center Dental patients. These patients are not included this application. Municipal funding is allocated to the site with the greatest proportion of clients/encounters from that city. Federal Way clients make up 4 out of 5 clients at the Feder~ Way Community Dental Center. Capacity of Applicant (to manage and/or provide long-term operating support) CHCKC is a well-established agency with a solid record of accomplishment for providing qualit health and dental services, and exceeding contract goals. The agency has demonstrated its ability to develop and maintain long-term operating support for their programs. CHCKC has provided dental care services since 1993 when they opened their first dental clinic in Federal Way. Additional information will be requested to ensure that supplanting is not an issue for this agency. Project Revenue Sources Federal Way CDBG $ 15,000 Federal Way General Fund $ 15,900 Other Federal $ 34,672 State $ 25,825 King County $ 0 United Way of King County $ 4,500 Fees for Service $601,633 Fundraising/Grants $ 68,840 TOTAL COST $766,370 2003 CDBG Funds Budgeted 2003 General Funds Budgeted 2004 CDBG % of Overall Budget 2004 Program Cost FW Only 2004 CDBG % of FW Program Cost $11,000 $15,900 1.95% $458,700 3.27% 2004 CDBG APPLICATION SUMMARY Title: Category: Request: ElderHealth Northwest Connection Adult Day Health Care Public Services $10,000 Applicant: EIderHealth Northwest One Sentence Use of Funds The grant funds will help provide health and social services to frail elders and individuals with chronic illnesses or disabilities. Eligible Activity: Public Services National Objective: Low and Moderate Income Benefit - Limited Clientele - Presumed Bene - Elderly Persons & Severely Disabled Adults ESA: Exempt Local Strategy #3: Address human services needs that focus upon self-support systems that empower familie= and communities to contribute to their own well-being and enhance the quality of their lives. Project Description ElderHealth Connections is a community-based adult day health care program that provides fr~ elders and individuals with chronic or terminal illnesses or disabilities with the support they nee to remain living independently in the community. Participants attend the program during the d~ then return to their homes or their families for the evening. Services include: health care by nurses and preventative care coordinated with physicians, nutritious meals, occupational therapy, rehabilitative and exercise programs, programs for clients with Alzheimer's and/or dementia, case management, and individual or family counseling. Funds would be used to defray the cost of a full-time nurse position at the ElderHealth Connection program. The nurses provide health care and oversight that is critical to the safe and effective operation of the adult day program. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The applicant notes that according to the Washington State Department of Social and Health Services the population of people 85 and older is growing about six times faster than the general population. According to the Alzheimer's Association, about 50% of all individuals ove 85 have Alzheimer's disease or some form of dementia. About 75% of frail elders in our community rely on informal care from family caregivers rather than institutional care as tabulated by the Institute for Health and Aging. ElderHealth Connections serves this growing population with health services, assistance with activities of daily living, and social support to help people avoid living in nursing homes or isolation. ElderHealth expects to serve 21 Federal Way residents in 2004 as stated in their Tab 8 Performance Measures and demographics. The Performance Measures and Outcome Measures should be adjusted slightly if funding is awarded. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure/eve/s) CDBG funds are requested to fund a portion of a full-time nurse's salary. The agency is requesting $10,000 from Federal Way, which represents 1.17% of the program cost. ElderHealth projects that they will serve 21 Federal Way residents in 2004 representing 17% o' the population served. EIderHealth receives federal, state and county funding and United Way as well as fees from service. The program budget shows limited funding from cities. The application states that funds were received from Federal Way in 2002 and 2003 although the program was not funded in 2003 by Federal Way's Human Services General Fund or CDBG funds. Staff will verify this reference with the applicant. Renton is the only South King County city providing funding although numerous cities are served. The program budget appears reasonable in relation to the number of clients served with health care in addition to adult day care services. Capacity of Applicant (to manage project and/or provide long-term operating support) ElderHealth Northwest has been providing adult day health services for over 25 years. The agency has the proven capacity to provide services for frail elderly, individuals with chronic or terminal illnesses or disabilities. The agency has secured funding from various government entities and United Way. The program has received limited support from municipalities in Soul King County. Project Revenue Sources Federal Way CDBG County Federal State Respite Other Cities Fees for Service United Way Total Cost $ 10000 $ 45 941 $ 51 684 $563 654 $ 29 264 $ 12 000 $126 413 $ 25 909 $864,865 2003 CDBG Funds Budgeted $0 2003 General Funds Budgeted $0 2004 CDBG % of Overall Budget 1.17% 2004 Program Cost FW Only $144,850 2004 CDBG % of FW Program Cost 6.9% 2004 CDBG APPLICATION SUMMARY Title: Category: Request: Emergency Feeding Program - Federal Way Public Services $6,000 Applicant: Emergency Feeding Program (EFP) One Sentence Use of Funds Coordination of food distribution, referral agency collaboration, resource development, and purchase of food to distribute to Federal Way residents in emergency hunger situations. Tab Eligible Activity: Public Services National Objective: Low/Mod Income Benefit - Limited Clientele - Nature/Location ESA: Exempt Local Strategy #3: Address human services needs, which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quail! of life. Project Description The Emergency Feeding Program serves Federal Way residents in crisis hunger situations wit pre-packed nutritionally-balanced food bags. Food is available as: a two-day, regular or speci~ diet; and/or seven-day infant packs. Federal Way Youth and Family ServicesNalley Cities Counseling and Consulting, Multi-Service Center, and Federal Way Public Health provide referrals to locations where food packs are available. Federal Way residents may also acces= food at Salvation Army of Des Moines, Christian Faith Center of SeaTac, and other locations South King County. The program also provides information and referral services to assist clients in accessing other needed services. The Emergency Feeding Program provides special no-cook food packs for homeless individuals, families and youth, as well as Iow-sodium, diabetic, high protein liquid, and Asian and Latino food packs. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) According to statistics provided by the applicant from the U.S. Conference of Mayors, request for emergency food assistance rose 19% in 2002. Close to half a million people in Washingtor State live below the poverty level. With Washington holding at 2"d worst unemployment in the nation, the need for emergency assistance in our region continues to rise. Additionally, thousands of families are now reaching the 5-year TANF limit in a time of high unemployment. Emergency Feeding Program provided 488,036 meals to people in 2002. South King County accounted for 49% of the total food distributed. Emergency Feeding Program is experiencing increases in requests fOr services and it is anticipated that this trend will continue with spending reductions in state, county and city budgets which typically impact the social and human services arena first. EFP expects to serve 400 Federal Way residents providing 2,400 meals. The program is on t[ right track with outcomes. The outcomes for this program include short-term hunger reductior and increased awareness of clients of community resources. 9-] Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The Emergency Feeding Program was funded for $7,800 in 2003 and 2004 from the Human Services General Funds. The agency is requesting a total of $13,800 from the Federal Way b~Jt states that the total cost of program delivery in Federal Way is $12,500. The agency is requesting an increase of $1,000 (20%) above the 2003 CDBG allocation of $5,000 to help offset the decrease from private funding sources, although no decrease is noted in the budget for 2003 or 2004. Staff will contact EFP for further information. In order to be eligible for CDBG funds, the applicant must receive City of Federal Way Human Services General Funds at the same level as 2003. CDBG funds awarded must be for an increased level of service in order to not be considered supplanting. Additional technical assistance is required with the agency to separate the clients served with each funding source The agency has a diverse funding base including funding from the federal and state levels of government and private funding sources. EFP receives funding from a number of cities in Kin County. The Emergency Feeding Program is a program of the Church Council of Greater Seattle (CCGS). The 2000 Audit cover letter from the CCGS noted internal control structure and operational matters of concern. Staff will request information on how these concerns hav, been addressed. An operational deficit is reported for 2002. Staff will request additional information on how this deficit will be addressed. Capacity of Applicant (to manage and/or provide long-term operating support) EFP is an established agency that has collaborated with numerous agencies to expand emergency feeding services throughout South King County. Contract goals for their Human Services General Fund contract for 2002 were slightly short of projected but the 1st quarter of 2003 has seen a significant increase in numbers served. The agency has demonstrated its ability to develop and maintain long-term operating support for their programs. Additional information will be requested to ensure that supplanting is not an issue for this agency and resolve budget concerns noted above. Project Revenue Sources Federal Way CDBG $ 6,000 Federal Way General Fund $ 7,800 Other Federal $ 40,188 State $ 49,271 King County $ 0 Other Cities $138,749 Foundations $ 12,000 Other $252,000 In-Kind $300,729 TOTAL COST $806,737 2003 CDBG Funds Budgeted 2003 General Funds Budgeted 2004 CDBG % of Overall Budget 2004 Program Cost FW Only 2004 CDBG % of FW Program Cost $5,000 $7,800 62% $12,500 40% Tab 10 2004 CDBG APPLICATION SUMMARY Title: Category: Request: CARES Child Care Subsidy Program Public Services $44,554 Applicant: Federal Way Norman Center YMCA One Sentence Use of Funds The grant will be used to provide childcare scholarships for Iow to moderate-income families in Federal Way who need quality childcare for their school age children. Eligible Activity: Public Services National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Maintai~ Proof ESA: Exempt Local Strategy #3: Address human services needs that focus upon self-support systems that empower familie and communities to contribute to their own well-being and enhance the quality of their lives. Project Description The target population for the CARES program is Iow to moderate income working families with school age children in the city of Federal Way. The funds from the CARES program provide critical bridges for families who no longer qualify for state assistance yet are unable to meet their family's basic needs with their current level of income. The YMCA's responsibility to provide financial assistance is now even greater as the state DSHS program has recently changed the eligibility guidelines leaving many families with no alternative except the CARES program or leaving their child home alone after school. The CARES program's purpose is to: · Help children develop physically, emotionally and socially through a variety of safe, developmentally appropriate and challenging experiences; · Encourage in children an awareness and appreciation of their community and their world; · Foster the six core values of the YMCA: respect, responsibility, honesty, caring, faith and fun; · Support and strengthen the family unit. From 1992 to 1998, the City of Federal Way Parks, Recreation, and Cultural Services Department administered the program. From January 1999-2001, the Multi-Service Center (MSC) assumed administration of the program, with the local YMCA providing service delivery supervision. The YMCA assumed responsibility for program administration and service delive~ supervision for the CARES program in 2002. Program services will be provided at the Federal Way Norman Center YMCA, participating Federal Way public school sites and authorized program sites. 1S rTab I Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The application describes the need for after school programming due to the increased rates of violent juvenile crimes such as assaults and robberies between the hours of 3 p.m. to 6 p.m. Compared to other hours of the day, the crime rate increases by 300%. The YMCA provides a safe and nurturing program. The applicant notes that over 57% of Washington mothers of children under age six are in the labor force according to a Fight Crime: Invest in Kids report. The YMCA served 30 clients in 2002 with 2,954 days of service. The unduplicated clients served are projected to increase from 38 to 48 children. Based on past performance, the performance measures and projected outcomes may need to be adjusted if fully funded. For the 2002 contract period, the agency met the unduplicated clients projection and exceeded the sessions of care projections. Contract performance for the first quarter of 2002 is not yet available. The program is on the right track with development of outcome measures and the days of services should be adjusted based on past performance. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) CDBG funds will be used for the following: (1) YMCA staff (.25 FTE) to provide day-to-day program operation (18.5% of budget); (2) administrative expenses to operate program (5.8% o' budget); and, (3) direct allocation of scholarships to Iow and moderate-income families (75% ot budget). The funds requested from the City represent 100% of the program budget, and Federal Way residents represent 100% of the caseload. The applicant requested $44,554 to provide direct services to 48 children. This is a monthly cost of $77.35 per child. The YMCA states that the average monthly cost for school age childcare in South King County is $370 according to Child Care Resources. The agency is requesting a decrease of $3,181 (6.6%) below the 2003 award of $47,735. The 2003 program award was increased by $8,595 due to an increase in the federal allocation of CDBG funds. The contract amendment to implement the 2003 increase has not been receive( from King County yet. Additional technical assistance should be provided to the applicant to determine an accurate funding level to request for 2004 and performance measures for 2004 it fully funded. Capacity of Applicant (to manage project and/or provide long-term operating support) The YMCA has demonstrated its capacity to provide childcare services for children of Iow- and moderate-income families. The agency has a proven track record of managing successful programs and has the capacity to administer the CARES program. The YMCA has relied on CDBG funds for operating support for the program that was originally implemented by the City of Federal Way. Project Revenue Sources Federal Way CDBG Total Cost $44,554 2003 CDBG Funds Budgeted $47,735 Federal Way Share 100% $44,554 2004 CDBG APPLICATION SUMMARY Title: Category: Request: Federal Way Senior Center - Adult Day Car/Nutrition Public Services $25,000 Applicant: Federal Way Senior Center 1 1 One Sentence Use of Funds The grant would fund additional meals for Iow-income seniors and additional services for senic citizens experiencing dementia/AIzheimer disease and other limitations. Eligible Activity: Public Services National Objective: Low and Moderate Income Benefit - Limited Clientele - Presumed BenE - Elderly persons ESA: Exempt Local Strategy #3: Address human services needs that focus upon self-support systems that empower familie and communities to contribute to their own well-being and enhance the quality of their lives. Project Description The Federal Way Senior Center currently averages 30 hot meals a day of which 20 are for Iow income seniors. The proposed project would increase the daily average of hot meals to 50 ho1 meals per day of which 35 would be for Iow-income senior citizens. The applicant is requesting funding for a cook at 1/2 FTE. The additional staffing would be required to increase the service to the proposed level. Additionally, the applicant would like to maintain their adult day care for Iow-income senior citizens at an average of 5 seniors per day. To accomplish thi,~ continued funding for a portion of an adult day care coordinator is requested. The target population is the greater community of Federal Way, which includes the City of Federal Way and the surrounding unincorporated areas. The Federal Way Senior Center's primary goal is to break down isolation, create a sense of community, promote new relationships, and provide information and resources of other senior activities. The applicant works with other senior centers to share information, food, programs, and resources. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The applicant notes that the 2000 Census reports 7.8% of the 83,200 Federal Way residents, 6,323, are aged 65 or older. The Emergency Food Assistance Program estimates that 11.9% Washington households are food insecure and 4.6% are food insecure with hunger (1999 figures), translating into about 750 or more Federal Way seniors who are food insecure and 2~ or more seniors who are food insecure with hunger. The applicant was not able to establish a database for Alzheimer and dementia diseases notin that one of the main reasons no quantitative information is available is this disease was not previously covered by Medicare. With the additional funding from Medicare, the applicant plan to implement a new database. ~f 0 The adult day care program of the Federal Way Senior Center was funded with 2003 CDBG funds. The applicant stated in the 2003 application that funds were requested to increase the average adult day care services from 10 to 15 seniors per day. The first quarter report has no1 been requested due to delays in contracting. Staff will contact the applicant to determine the current utilization of the program. This may impact the performance measures. Outcome measures submitted with the 2003 application are more on track than those provided with the 2004 application. These issues can be addressed with technical assistance to the agency. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) CDBG funds are requested to fund a part time cook and a part time adult day care coordinator to increase the number of meals available to seniors daily and to maintain the number of adult day care clients that can be served. The applicant has been serving the Federal Way community since 1974. The Federal Way Senior Center relies on volunteers for maintenance and repair, administration, and general service keeping the costs of services Iow. The agency has been successful in fundraising for their existing program. The program currently receives funding from King County, Federal Way General Fund, and fuf~d raising activities. The applicant mentions funding from Medicare in the application but has not indicated revenues on the program budget. The expenditures are reasonable due to the Federal Way Senior Center's utilization of volunteers to run a number of their programs. The program budget shows no funding for 2004 from Federal Way's General Fund although they have been funded for 2004 for the nutrition program. The agency will be contacted to resolve these issues. Capacity of Applicant (to manage project and/or provide long-term operating support) The Federal Way Senior Center has demonstrated its capacity to provide services to Iow- income seniors. The agency has a proven track record of managing successful programs witl~ the use of volunteers and fundraising activities. The Federal Way Senior Center has the capacity to raise long-term operating support for the program but may require technical assistance for CDBG reporting. Project Revenue Sources Federal Way CDBG $ 12,500' FederaIWay General Fund $ 12,500 County $ 25,000 Fundraising/Grants/Fees $ 62,700 Membership $ 2,000 Other $ 600 Total Cost $115,300 *See note under fiscal evaluation. 2003 CDBG Funds Budgeted $12,500 2003 General Funds Budgeted $12,500 2004 CDBG % of Overall Budget ? 2004 Program Cost FW Only ? Tab 12 2004 CDBG APPLICATION SUMMARY Title: Category: Request: The Family Support Program - Family Advocacy Services Public Services $41,600 Applicant: Federal Way Youth & Family Services (FWYFS) One Sentence Use of Funds Funds will be used to increase advocacy services to both Spanish and Russian-speaking adull in the City of Federal Way. Eligible Activity: Public Services National Objective: Low/Mod Income Benefit - Limited Clientele - Agency Maintains Proof ESA: Exempt Local Strategy #3: Address human services needs, which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of life. Project Description CDBG funding is requested to expand Family Advocacy Services to Russian/Ukrainian and Spanish speaking families in the City of Federal Way. The bi-lingual/bi-cultural families that ar targeted are primarily Iow-income immigrants with few resources or knowledge of resources in the community. In addition to poverty, high levels of violence, crime, and transience often characterize the communities in which these families live. Families served include single parents, grandparent primary caregivers, foster and adoptive parents, friend and neighbor caregivers, and extended families. Goals for Family Advocacy Services are: 1) Strengthen communities and empower families to help themselves. 2) Build networks and linkages, decrease isolation, and advocate for service~ and systems that support families' abilities to be self-supportive and raise health children. 3) Increase the ability of families to support and nurture their children. This is accomplished through referrals to appropriate services, assistance in filling out applications for services, translation and interpretation, improved parenting skills and parent support through parent education and support. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The applicant notes the growing need for interpreter services at Federal Way Public Health to both Hispanic and Russian/Ukrainian families served in Federal Way. Federal Way DSHS office reports that 25% of the families served are Russian/Ukranian and the Federal Way Sch¢ District data states that an average of 57% of Hispanic children qualified and accessed the FrE & Reduced Lunch Program, of which 15% were learning English as a second language. The data provided is qualitative but may be supported by an analysis the 2000 Census data. In addition to direct service, FWYFS plans to use the informal family networks of the immigrant communities served to transfer the skills taught to the larger immigrant community. The agency has provided performance measures relevant to the funds requested that may ne~ to be refined if funding is awarded. FWYFS currently receives funding from the Human Services General Fund funding for the Laurelwood Family Support Center. If funding is ;d Tab 12 awarded, performance measures will need to be structured to ensure supplanting issues do n( develop in the future. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The agency is requesting $41,600 to serve 260 unduplicated clients with 1,120 hours of services. Funds would be used for the addition of a .50 FTE Hispanic Family Advocate and .5 FTE Russian Family Advocate. Federal Way residents represent 74% of the clients expected be served in 2004. The $41,600 requested is 11% of the overall budget for the program and 38% of the cost of delivery of the program in Federal Way. The programs funding base includes King County, Federal Way General Fund, United Way, private foundations, and the Federal Way School District. The amount requested from Federa Way does not match the program budget. Capacity of Applicant (to manage and/or provide long-term operating support) The program budget shows the program operating in a deficit in 2002 and 2003. The agency focused on reaching long-term financial stability that includes building community partnership.~ and diversifying funding sources. FWYFS is a subsidiary of Valley Cities Counseling and Consultation that has been serving the Federal Way community since 1973. Project Revenue Sources Federal Way CDBG Federal Way General Fund Other Federal State King County Other Cities - Kent United Way of King County Fundraising/Grants TOTAL COST $ 41,600 $ 5,000 $ o $ o $ 42,079 $ 20,000 $ 75,816 $ 235,849 $ 420,344 2003 CDBG Funds Budgeted 0 2003 General Funds Budgeted $5,000 2004 CDBG % of Overall Budget 11% 2004 CDBG % of FW Program Cost 38% Tab 13 2004 CDBG APPLICATION SUMMARY Title: Category: Request: PACT (Parents and Children Together) Public Services $14,400 Applicant: Institute for Family Development One Sentence Use of Funds Funds will be used to deliver in-home counseling, skill building and support services to high ris children and their families in the City of Federal Way who are referred because of child and family problems and their lack of involvement/success with other community programs. Eligible Activity: Public Services National Objective: Low/Mod Income Benefit - Limited Clientele - Agency Maintains Proof ESA: Exempt Local Strategy #3: Address human services needs, which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of life. Project Description PACT is an in-home family counseling, skill building and support service designed to workwith multi-problem children and families who are falling through the cracks of our community servic~ systems and who are at high risk of abuse and neglect, family conflict and violence, school problems, delinquency and other social and behavioral problems. The agency "targets" childrE and families who are not participating, or have not been successful, in other community programs. The primary goals of the program are to: strengthen families and improve outcome for children by improving family functioning and parenting skills, improving children's behavior; home and school by helping families access ongoing informal and formal community supports. Services are highly accessible, flexible, skills-oriented and individually tailored to meet the unique needs and situations of each family. Specially trained in-home counselors use a range of research-based interventions and are available to families 24 hours a day, 7 days a week to ensure safety, teach skills and help families utilize skills in the natural environment. The PACT program addresses human service needs by providing a holistic, in-home approach that involves individual and family counseling, teaching of parenting and other life skills in the natural environment, working with at-risk children and youth in the home and in school, and by helping families develop linkages with community support. One of the goals of the program is empower families and enable them to function more effectively in the home and community. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) According to the applicant, the PACT program addresses gaps in services that were identified by the united Way South King County Assessment Regional Profile (9/15/2001). The program address two of the four recommended areas of emphasis for South King County: 1) increase services for children and teens that experience violence in their household or peer relationship and 2) increase youth violence prevention and anger management programs. The PACT program also targets and serves multi-problem families and notes that the Regional Profile indicated that South King County continues to have one of the highest referral rates for Child Protective Services in the state with more families with "multiple issues including mental health problems, substance abuse and lack of housing" being seen. ~O Tab 13 The agency has provided outcome measures relevant to the funds requested and the propose( service. The performance measures stated in question 21 appear to be for all CDBG fund, not just the City of Federal Way. The response to question 13 state that grant funds would be use( to provide services to five families (15-20/high-risk children and parents) with an estimated 40 hours of service per family. The Federal Way Human Services General Fund funded this program in 2003/2004 for $3,000 per year. The applicant states that they met their 2003 goals in March. Additional services ar.e provided in Federal Way due to the receipt of Social Venture Partners funding that will expire ~r 2004. Performance Measures must be coordinated with General Fund goals to avoid supplanting issues in the future. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The agency is requesting $14,400 to serve six families in the City of Federal Way. Funds be used for a portion of salaries for the in-home family counselor, supervisory and managemer staff, and support staff for the proposed program. Funds would also be used to pay for other program costs such as rent and office costs. If funded at the proposed level, six families woul( receive approximately 40 hours of service each at a cost of $2,400 per family. The agencies funding base includes increased support form United Way, private foundations, and requested funding from South King County cities. The amount requested is 23% of the cc reported for delivery of the program in Federal Way. IFP is seeking funding from municipalitie,, and private foundations to meet the loss of funding from Social Ventures Partners noted above The program budget shows the expenditures and revenue growing in 2004. Capacity of Applicant (to manage and/or provide long-term operating support) The agency has over 18 years of experience offering in-home services to high-risk and at-risk children, youth, and families. The U.S. Office of Juvenile Justice and Delinquency Prevention and the Center for Substance Abuse Prevention have recognized their programs as national models. The applicant states that increased funding and expansion of services has allowed th, hiring and training of additional staff to provide services to more children and families. The agency is expected to continue to be successful in receiving long-term operating support from United Way and other foundations. Project Revenue Sources Federal Way CDBG Federal Way General Fund Other Federal State King County Other Cities United Way of King County Fundraising/Grants TOTAL COST $ 14,400 $ 3,000 $ 0 $ 0 $ 0 $ 83,286 $ 60,000 $ 38,000 $198,686 2003 CDBG Funds Budgeted $12,031 2003 General Funds Budgeted $ 3,000 2004 CDBG % of Overall Budget 23% 2004 CDBG % of FW Program Cost 7% 2004 CDBG APPLICATION SUMMARY Title: Category: Request: "We Are Family" (WAF) Domestic Violence Program Public Services $41,600 Applicant: Korean Women's Association (KWA) 1 One Sentence Use of Funds Funds will be used to provide parenting skills training to non-English speaking Korean parents Federal Way. Eligible Activity: Public Services National Objective: Low/Mod Income Benefit - Limited Clientele - Agency Maintains Proof ESA: Exempt Local Strategy #3: Address human services needs, which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of life. Project Description CDBG funding is requested target Korean Female victims and children of domestic violence of Korean residents of Federal Way. The project will also assist Korean parents who are interested in learning how to deal with their American born and raised children who can speak and understand the American culture better than they do. Many of the Korean teenagers take advantage of their parents who have trouble with the English language and culture. This carrie over to school with kids playing the school system against their parents. The proposed program would offer parenting classes to 20 participants: half of them from KWA's current clients and the other half from the community. Additional information is needed from the applicant to understand how this program fits in with the existing services offered through Federal Way General Fund for DV counseling and intervention. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) Korean Women's Association has served Federal Way victims of domestic violence and assisted in the conviction of 3-5 batterers that have abused their children. The applicant state~ that there 12% of Federal Way's population is Korean. (Ed. note: According to the 2000 Census, Federal Way has an Asian population of 12.3% and a Korean population of 5.3%.) TI agency reports that they have been working with the Federal Way School District regarding the need to address teenage behavioral problems in the Korean community. Performance Measures would need to be revised if this program is funded. The demographic,, indicate that 15% of the clientele would be above the 80% median income and would not quail for CDBG funds under the category of limited clientele-agency maintains income verification. Coordination with the General Fund contract would be required if funded to ensure that supplanting does not occur in the future. in e Tab 1 Fiscal Evaluation (including appropriate funding sources_, cost-effectiveness, realistic expenditure levels) The programs funding base includes Federal, State, County, and City of Federal Way General Fund. It appears that Washington State Sexual Assault Funds will be significantly reduced in 2004. This could result in a supplanting issue if services are not clearly delineated from other services offered by KWA. Korean Women's Association may benefit from seeking foundation and grant funds to balance their funding sources. The expenditures appear to be reasonable or the funding requested. Capacity of Applicant (to manage and/or provide long-term operating support) Korean Women's Association was founded in 1972 to address domestic violence issues of th, military wives. Since then, KWA has expanded to serve the general Asian Pacific Islander community and offers 22 different social services. They have been successful in serving this segment of the Federal Way community. Project Revenue Sources Federal Way CDBG $ 5,000* Federal Way General Fund $ 7,000 Other Federal $ 0 State $ 61,683 King County $ 7,500 Other Cities $ 29,500 United Way of King County $ 0 Fundraising/Grants $ 0 TOTAL COST $110,683 *Not included in program budget. **As stated in Q4. 2003 CDBG Funds Budgeted 0 2003 General Funds Budgeted $7,000 2004 CDBG % of Overall Budget** 6.1% 2004 CDBG % of FW Program Cost 71.4% Tab 2004 CDBG APPLICATION SUMMARY Title: Category: Request: Multi-Care Health System - Adult Day Health Care Public Services $10,000 Applicant: MultiCare Adult Day Health-Auburn One Sentence Use of Funds The grant funds will be used to support a day health program that provides health and rehabilitative services to functionally, physically, mentally or cognitively impaired adults and elderly persons to improve or maintain their health status, level of functioning, and maximize their potential for independent living. Eligible Activity: Public Services National Objective: Low and Moderate Income Benefit- Limited Clientele - Presumed Ben( - Elderly Persons & Severely Disabled Adults ESA: Exempt Local Strategy #3: Address human services needs that focus upon self-support systems that empower familie and communities to contribute to their own well-being and enhance the quality of their lives. Project Description Adult Day Health provides community-based services to maintain or promote the highest level of functioning for adult individuals, including elderly participants and adults with severe disabilities. Participants receive any or all of the following services based on their individual needs as defined in their plan of care: nursing services, rehabilitation therapy, social services therapeutic activities and array of social opportunities. Funds would be used to offset the salaries of direct patient care staff; i.e., occupational therapists, nurses, program aides and activity coordinators. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The applicant cites the South King County Area Plan on Aging, 2000-2003 that reports the number of people 60 and older living in King County is projected to increase an additional 91,697 from 1990 to 2010 representing a 415 increase. If these projections hold true, people and older will represent 22% of the South King County population. Washington State demographic figures show that King County represents 30% of the older adult population of Washington State and that 6.9% of the elderly are below the poverty level. There has also be a 159% increase in people with disabilities under age 65 between 1959 and 1984. State figur~ show that care or mobility limitations are also increasing as stated by the agency. The program responds to the above needs by offering centralized access to services designee to help older adults and disabled persons to remain as independent as possible. These individuals often require rehabilitation, social work, health services, and regular monitoring to ,fit i0 ;n ;S Tab 1 ensure their safety. Auburn's Adult Day Health site includes individuals who are blind or visua impaired; suffer from dementia, stroke, heart disease, diabetes, Down Syndrome, mental retardation, mental illness, multiple sclerosis, head injury, and cerebral palsy. Without these services, many participants would be unable to continue to live independently or with family members. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) CDBG funds are requested to fund a portion a portion of the salaries noted above for direct patient care staff. The agency is requesting $10,000 from Federal Way, which represents 7.7°, of the program cost for Federal Way residents. MultiCare expects to serve 16 Federal Way residents in 2003 and 39 residents in 2004, representing 30% of the population served. It appears from question 21 that if funds are awarded it could be structured as a scholarship for Federal Way residents that do not have other funding for services. MultiCare is attempting to expand their funding sources for the Auburn Adult Day Health site that opened in 2002. Funding sources currently include federal and state funding in addition to in-kind services from Multicare Health System. The program budget appears reasonable in relation to the number of clients served with healti' care in addition to adult day care services. Capacity of Applicant (to manage project and/or provide long-term operating support) The Auburn Adult Health Care site was opened in 2002. MHS have operated similar facilities since their first center was opened in the 1970s at Western State Hospital and then moving to downtown Tacoma. The agency is now working to become a community program that is supported by community partners. Project Revenue Sources Federal Way CDBG $ 10,000' County $ 0 Federal $ 44,000 State $305,000 MHS In-Kind $ 72,388 Total Cost $431,388 2003 CDBG Funds Budgeted $0 2003 General Funds Budgeted $0 2004 CDBG % of Overall Budget 2.3% 2004 Program Cost FW Only $128,523'* 2004 CDBG % of FW Program Cost 7.7% *Not included in program budget. **As stated in Q4. 2004 CDBG Application Summaries Capital ProJects Tabs 1-12 Title: CategorY: Request: Minimum: Applicant: 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY A Place of Our Own Capital Project ~:'~-/~nn $87 500 $20,000 Abused Deaf Women's Advocacy Services (ADWAS) One Sentence Use of Funds Funds will be used for acquisition and construction of new space in a mixed-use facility to be used by the Abused Deaf Women's Advocacy Services for direct services to clients. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Maintain,, Proof ESA: To Be Determined Local Strategy #3: Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of their lives. Project Description "A Place of Our Own" is being developed so that culturally and linguistically appropriate service and supportive housing can be offered in the same location. This is not possible in the current leased space. The newly constructed building will house the agency's programs and administration in 9,200 sf (less than 500 sf is administrative space). ADWAS has provided services to Deaf and Deaf-Blind victims/survivors of domestic violence and sexual assault sincl 1986. ADWAS services include 24/7 crisis line; crisis intervention; long-term individual therapy and support groups; and numerous support services (See 7.B in Application). Twenty transitional housing units and a six-unit emergency shelter will be built in the remaining 21,100 sf of the four-story building. "A Place of Our Own" will be the first project of its type in the natio and will be a model for the 15 organizations that have replicated ADWAS services nationally. The Federal Way funding would be applied to acquisition and construction of the 8,700 s.f. are for direct services including a community-training room, therapy room, advocacy room, children's program room, and associated outdoors play space. These spaces are on the grout and second floors. In addition to the facility, an emergency shelter and two transitional units a~ on the second floor. The remaining transitional housing units will be located on the third and fourth floors. The commercial/public entrance is located off of Roosevelt Way. All spaces will be configured for visual communication using American Sign Language (i.e. larger unpartitione spaces to allow seating in-the-round and maximum visibility). There will be TTY's in every unit and office; lights systems that signal doorbells, telephone rings, fire alarms, babies crying; vibrating alert systems for Deaf-Blind clients and a security system that is specifically designeC for Deaf and Deaf-Blind individuals. Hall lighting and tactile signage will accommodate the additional needs of Deaf-Blind clients. Feasibility Demonstrated Need and Effect of Project ADWAS was founded following the death of a Deaf woman to domestic violence in 1985. The applicant notes that the Deaf community is approximately 1% of the population according to Washington DSHS. In addition, 15,000 people are born profoundly deaf and others lose their hearing to the extent of needing to use American Sign Language as their primary language. Domestic violence is experienced in the Deaf community at the same rate as the hearing population according to the applicant. ADWAS was the first organization in the nation to serve this community 18 years ago providing culturally and linguistically appropriate services to this Tab underserved population. Since formation, ADWAS has Crovided services to 800 families and has trained staff in 15 other cities to replicate the agency mode. Annually, ADWAS serves approximately 100 households statewide. From 2000 through 2002, 10% of ADWAS annual clients have been from Federal Way. ADWAS statistical information gathered over the past 1 years indicates that its clients do not use hearing based shelters and transitional housing to escape family violence because these organizations do not: use American Sign Language, provide housing that is accessible to Deaf and Deaf-Blind individuals, understand Deaf culture and its relevancy to providing services, have a strong connection to the Deaf and Deaf-Blind communities, and, do not understand the accessibility issues Deaf and Deaf Blind people face every day and how they impact victims/survivors. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The estimated 2004 demographics provided indicate that 10% of ADWAS's clients are expect~ to come from Federal Way. Federal Way is being requested to fund 5.1% of the project. The ,,~,,] v,, ~ ~,~, v~,,,~,~,, ~] ~,,~ ~,,~]. ~,, ,,~ ~,~ ~,,~ ~,,~] ,~, ~,, ~ ~,, ~,,~ ...... , ~ ~,,,~ ~;~ ~,~ ,h .... ;,~, ..... ;~" +~ ~*~ The project budget appears reasonable. The agency has requested funding for acquisition and~ construction costs and indicated that they would qualify using the Limited Clientele-Agency Maintains Records natiom objective. The agency is aware of the CDBG requirements for construction and has included related costs in their estimates. Since initial application, ADWAS has received commitments funding from Federal Home Loan Bank and the City of Renton. Funding has also been requested from the CTED Community Se~ices Facility Program and the City of Seaffle CDBG request has been increased. ADWAS has reduced their projected bank debt in order to mitiga hardship in the event Section 8 subsidies disappear in the future and will have the ~CA act prope~y manager in the first year of operation to address facility management capacity concerns. These changes were made to address concerns raised by City and State housinq sources. '* may ~ ........ , ~,,,i,,, ~ ,~ ........ assuming :,a,,,~ Way ~, Capacity of Applicant (to manage and/or provide long-term operating suppod) ADWAS has been in existence for 18 years and is expanding to provide emergency shelter a~ transitional housing in addition to expanding space for their existing programs. ADWAS has executed an agreement with New Beginnings, an experienced provider of housing for victims domestic violence, to assist in propeAy management during the first year of operation. The agency has a variety of funding sources for operating suppo~ including DSHS, City of Seattle King County, United Way, Women's Funding Alliance, fundraising/grants, and the Federal DepaAment of Justice. The operating budget assumes ongoing suppoA from the majority of agencies listed and the possibility of an increase in suppoA when the expansion is complete. This may be overly optimistic in the current budget crisis at all levels of government. How the agency would address any reductions in funding would be an appropriate question. Project Revenue Sources Federal Way CDBG Other CDBG Funds Bank Loan State - CTED Capital Campaign TOTAL COST 2003 Funds Received Federal Way Share April July $ 37,500 $ 87,500 $ 194,900 $ 216,254 $ 200,000 $ 200,000 $ 0 $ 400,000 $1,276,776 $ 805,421 $1,709,176 $1,709,175 $0 5.1% Ie is 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Title: Category: Request: Minimum: Acquisition of Parent & Program Support Services Bldg Capital Project $150,000 $100,000 Applicant: Birth to Three Developmental Center 2 One Sentence Use of Funds Funds will be used for acquisition of parent and program support services building to allow for proper zoning compliance and expansion. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Maintain= Proof ESA: To Be Determined Local Strategy #3: Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of their lives. Project Description Birth to Three currently operates out of two separately owned buildings on separate properties The south building is owned by Birth to Three and zoned as a school. The north building is currently leased and is considered an office and is in violation of zoning codes. The Executive Director has been working with Federal Way's Department of Community Development Services to rectify the situation and has been advised that purchasing the property is the only viable solution. Following acquisition of the north building, Birth to Three Development Center will move the property line to surround both buildings and classify the entire property as a school. In addition to resolving the above zoning issues, acquisition of the building used for parent an< program support services will enhance the agency's ability to effectively serve the growing needs of children with developmental delays. The project will: 1) Reduce operating costs; 2) allow for future hook ups to sewage; 3) allow for future renovations and additions; and, 4) allo~ for repaying of the parking areas to address current parking shortages during peak hours. Feasibility Demonstrated Need and Effect of Project Birth to Three Developmental Center started in 1966 and has a mission, "To nurture infants an toddlers with developmental disabilities and to provide early intervention services for children and families, enhancing development for a lifetime." Services include: special education, occupational, physical and speech therapy, family support services, a pre-literacy project, and toddler p. lay groups. Over 54% of the children served come from Iow-income families. Birth to Three contracts with Federal Way School District to serve all Federal Way children under the age of three determined to have a 25% or more delay in an area of development. The applica cites studies that show that children who receive early intervention services are far less likely require special education once they reach kindergarten. For every dollar spent on these services before age three, more than seven dollars will be saved over the course of a child's lifetime. Due to the recent closure of a Pierce County early intervention facility and more than 22% growth of South King County as a whole, Birth to Three expects to more than double thei caseload in the coming year. Approximately 50% of the children served by the agency will continue to come from Federal Way. it Tab 2: The building proposed for'acquisition is currently leased by Birth to Three and houses: the parent resource library, pre-literacy program, parent meeting and transition rooms, curriculum planning offices including 13 direct program staff and 4 administrative staff, and parking. This building is currently in violation of zoning and the agency must resolve the zoning issues in order to be able to continue to utilize the space for these services. Additional benefits will resu in the project as noted above. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) Currently 59% of Birth to Three's clients are Federal Way residents. The agency is requesting funding for approximately 46% of the project. The applicant states that allocation of CDBG funds by Federal Way will be used to leverage private grants from foundations and individuals. This project is likely to have additional costs associated with the required environmental reviev of CDBG projects under the National Environmental Protection Act. Associated costs would reduce the amount of grant funds available for acquisition. The agency has been working closely with the City of Federal Way to resolve the current zonir issue. Discussions have identified the proposed acquisition and boundary line adjustment to resolve the zoning issue. A pre-application conference has not been initiated by the Birth to Three. A pre-application conference is held between the applicant and the Federal Way Community Development Review Committee. The committee is composed of representatives from the City's Planning and Building Division, Public Works Department, Federal Way Fire Department, and Lakehaven Utility District. The preapplication conference aids the applicant i preparing a complete project proposal, informs them of the procedures and requirements of th, City code, and identifies policies or regulations that apply to the proposal. Issues such as applicable site design requirements, necessary permits, design options, and answers to relate, questions are discussed at the conference. Staff would recommend that a preapplication conference be required as a condition of funding. There may be additional costs or requirements that have not been identified through preliminary discussions without formal plan Capacity of Applicant (to manage and/or provide long-term operating support) Birth to Three received an $83,000 block grant from King County in 1990/91 to purchase its education and therapy treatment building. The agency is well established and has varied funding for operations. Acquisition of the program support services building is expected to reduce operating costs. Project Revenue Sources Federal Way CDBG Other CDBG Funds Private Funds/Inkind TOTAL COST 150,000 2003 Funds Received $0' 0 Federal Way Share 46% 178,196 328,196 *This program receives operating support from the City of Federal Way General Fund. It is budgeted to receive $21,000 a year for 2003~2004. Tab3 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Title: Category: Request: Minimum: Federal Way Youth Development Center (YDC) Capital Project $199,999 Applicant states cannot be funded at a reduced level. Applicant: Boys & Girls Clubs of King County* *Note: This is the top priority of the two applications submitted by the applicant. One Sentence Use of Funds Funds will be used to construct the Federal Way Youth Development Center, which is a partnership between the Boys & Girls Clubs of King County and the Federal Way School District, dedicated to teen programming, and located on the Truman Alternative High School Campus in downtown Federal Way. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Maintains Proof ESA: To Be Determined Local Strategy #3: Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of their lives. Project Description The Boys and Girls Club Youth Development Center (YDC) is a joint project with the Federal Way School District to improve the learning environment at Truman High School. The project patterned after 11 "Big Picture" schools in a national school reform effort funded through the Bi and Melinda Gates Foundation. The YDC will support youth academic success through assistance with schoolwork, technology access, and educational curriculums and programs during after school and weekend hours when the targeted youth are most vulnerable. The YDC is a 16,000 sq.ft, facility to provide after school educational and recreational support. Programming will include recreation, leadership, art, social skills, health and life skills, compute skills training, assistance with job placement, and entrepreneurial training. Feasibility Demonstrated Need and Effect of Project The Federal Way School District approached the Federal Way Boys & Girls Club to form a partnership to turn around a "failing" school - Truman High School. In pervious years, no more than 8% of the Truman students had passed the math portion of the Washington Assessment ( Student Learning. In 2002, only 1% of the school's 10th graders passed. The school's dropout rate is twice the state average. The Youth Development Center (YDC) was proposed as a critical component to the Federal Way School District's effort to improve the learning environment at Truman. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The budget appears to be well developed and reasonable. This project is a collaboration with the Federal Way School District. The land will be leased from the School District for $1 a year and the facility will be used by the School District during school hours. The shared use will Tab 3 provide some income for maintenance and operation of the facility. The Federal Way CDBG application requests 5.2% of the funding for the project and projects 86% of the clients served will be Federal Way residents. This is $3.8 million project and the Federal Way Boys & Girls Club has secured $967,500 in funding as of application. The lease agreement with the school district sets out dates that funding goals must be met for the project to move forward. Capacity of Applicant (to manage and/or provide long-term operating support) The Federal Way Boys and Girls Club was founded in 1978 and provides a wide variety of programs to Federal Way youth. The upgrades to the existing club and the construction of the Youth Development Center are also supported by the Boys and Girls Club of King County that has a 57-year history of providing effective positive programs for King County youth. Project Revenue Sources Federal Way CDBG $ 199,000 Other CDBG Funds $ 0 State Grants $ 100,000 FWSchool District $ 289,250 Foundation Grants $ 385,000 Corporate $ 400,000 I ndivid uals $2,334,348 FW Board of Directors $ 108,250 In Kind $ 55,000 Private Funds/Inkind · $ 178,196 TOTAL COST $3,872,247 2003 Funds Received Federal Way Share $0 5.2% 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY z Title: Category: Request: Minimum: Federal Way Boys and Girls Club Outdoor Playground Constru~ion Capital Pr~ect $56,000 $50,00O Applicant: Boys & Girls Clubs of King County* *Note: This is the lower priority of the two applications submitted by the applicant. One Sentence Use of Funds Funds will be used to construct the Federal Way Boys and Girls Club playground and expande( picnic areas. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Maintains Proof ESA: To Be Determined Local Strategy #3: Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit,. of their lives. Project Description The existing Boys and Girls Club facility will be re-focusing its programming on youth from Kindergarten to 8th grade after construction of the Youth Development Center targeted to serve youth 9th through 12th grade. The proposed project is to construct a playground and expanded picnic area. This will include site preparation and installation of playground equipment and additional picnic tables for youth involved in Boys and Girls Club programs especially drop-in programs and before and after school day care. Feasibility Demonstrated Need and Effect of Project The applicant reports that Federal Way has a high number of juvenile offenders and juvenile crime. The existing club provides before and after school child care for children of working parents and summer day camp programs at Iow cost to meet the critical need for child care in the Federal Way area. Also benefiting from this supervision are the youth in the drop in program, which takes the place of childcare for the lowest income families. This assures youth are supervised during high-risk hours and involved in productive skill building activities. Acces to outdoor playground equipment will provide opportunity for younger youth to work on large muscle development, coordination, flexibility, and strength in a supervised environment. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) This project is requesting 85% funding from Federal Way CDBG and states that 86% of the clients benefiting are Federal Way residents. The budget does not include any permits. The applicant has been asked whether they have checked with the Department of Community Development to make sure that none are required. The majority of expense is for the purchas, of the actual playground equipment. Competitive bids will need to be utilized should this projel be awarded funds. The proposed project assumes that the majority of labor will be volunteer. Capital projects tha' utilize CDBG funds for construction may be subject to federal labor standards provisions Tab 4 including Davis-Bacon wage rates. Construction work performed by volunteers on CDBG assisted projects must be approved by U.S. Department of Housing and Urban Development (HUD) in advance. Staff has requested information from King County on the approval process for volunteers and asked the applicant to consider revising the budget to include labor using th~ Federal Fair Wage rates. Capacity of Applicant (to manage and/or provide long-term operating support) The Federal Way Boys and Girls Club was founded in 1978 and provides a wide variety of programs to Federal Way youth. The upgrades to the existing club and the construction of the Youth Development Center are also supported by the Boys and Girls Club of King County that has a 57-year history of providing effective positive programs for King County youth. Project Revenue Sources Federal Way CDBG Other CDBG Funds Private Funds/Inkind TOTAL COST $ 56,000 2003 Funds Received * $ 0 Federal Way Share 85% $ 10,000 $ 66,000 *The Federal Way Boys & Girls Club was awarded $123,755 towards remodeling the Club areas utilized by the before and after school program. This is a separate project. 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Title: Category: Request: Minimum: CTC - The Bridgeto a Brighter Future Capital Proje~ $50,00O $30,O0O Applicant: Children's Therapy Center Tab 5 One Sentence Use of Funds - Funds will be applied to the cost of renovating and enlarging the Children's Therapy Center to enable children access to the services needed to maximize their potential. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele -Agency Maintain., Proof ESA: To Be Determined Local Strategy #3: Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit,, of their lives. Project Description Children's Therapy Center (CTC) provides pediatric therapy and early intervention services for South King County children with developmental delays and neuromuscular disorders. The current facility is a converted home that was designed to serve about 150 children per month. CTC is now serving over 250 children per month, which greatly limits the agency's ability to effectively serve all of the children being referred to the agency. Additionally, a federal law requires centers like CTC to provide services for children with disabilities in locations where typically developing children participate (Natural Environments). As one strategy to comply wi1 the law, CTC has decided to expand their programs and services to include typically developin children. In order to continue to meet the early intervention needs of South King County children, CTC must add a second story of about 3,000 square feet to the existing facility. The downstairs will consist of two large classrooms for inclusive playgroups, three therapy rooms, each uniquely designed to meet the developmental needs of young children, one therapy room designed for older children with special needs, a medical exam room and a multi-purpose room for educational and recreation groups. The second floor will include room for therapists, teachers, and family resource coordinators t¢ have workspace, keep reference materials, and hold team meetings. The space will also include a computer room, conference room, and parent room as well as a kitchen and bathroo~ where children with disabilities can practice their "life and self help skills." This project has bee expanded since the 2003 CDBG application to expand the original addition and to purchase ar renovate an adjacent property. This will allow the program to expand services to children over three years old. The 2004 CDBG request will be applied toward completing the original renovation project. Items remaining to be funded include the playground, elevator and landscaping. n 5 Feasibility Demonstrated Need and Effect of Project The applicant cites an unnamed recent Health and Human Services Community Assessment that states that South King County is the fastest growing region in King County, has the largesl percentage of children and consequently the most children with developmental disabilities. Another area of concern is the large percentage of ethnic minority, immigrant and Iow-income families who statistically have a higher percentage of children with developmental delays and disabilities. The application also states that the significant number of women receiving inadequate prenatal care combined with a very large percentage of teenage mothers results in high number of pre-term, Iow-weight and special needs babies. The applicant states that they are not able to serve over 100 children who were referred last year. Children have to wait 30 to 60 days after a referral before they can access services and there are no other agencies in the community to take the overflow. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure/eve/s) The estimated 2004 demographics provided indicate that 5% of CTC's clients are expected to come from Federal Way. Federal Way is being requested to fund 4% of the expanded $2 million project. In addition to 2003 Federal Way CDBG funds, this project has received fundin¢ from: King County $165,000; Auburn $50,000; Renton $50,000; and Kent $100,000. CTC als~ has $298,500 in funding requests pending including an additional $50,000 from the City of Kef CDBG funds. The budget appears reasonable. The relocation costs included in the budget wi not be necessary, as the purchased property is not occupied. Capacity of Applicant (to manage and/or provide long-term operating support) The CTC has been in existence for 23 years and has been through five expansions. The program has diversified sources of operating funds. Project Revenue Sources Federal Way CDBG Other CDBG Funds Pending Funding Requests Foundations Individuals Corporations Fundraising · Service Groups TOTAL COST $ 50 000 $ 395 000 $ 298 50O $ 319 5OO $ 373 000 $ 457 000 $ 39 000 $ 68 000 $2,000,000 2003 Funds Received Federal Way Share $30,000 4%* *Including 2003 CDBG Award from Federal Way 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Tab 6 Title: Category: Request: Minimum: FUSION - Transitional Housing Program forWomen & Their Children Capital Pr~e~ $29¢903527,750 $25,000 $20,000 Applicant: Federal Way Community Caregiving Network One Sentence Use of Funds Funds will be used for real property improvements including: new windows, doors, cabinets, sinks and bathtubs. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Homeless persons. ESA: To Be Determined Local Strategy #1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in Iow- and moderate-income households. Create housing opportunities for seniors, youth, and special needs groups and impact the availability of transitional housing and emergency shelter. Project Description FUSION has purchased eight transitional housing units with Federal Way CDBG funds since 1995 and plans to acquire a ninth unit by the end of 2003. Homeless families are housed in FUSION condominiums and are responsible for paying 30% of their resources for case management services, capped at $300. The agency covers the phone and condominium due.~ and 50% of utilities. The program serves as a bridge between emergency housing and public housing for women and their young children. Families are screened and placed by the South King County YWCA and can stay for a period of six months to one year. The goal of the program is to assist families in achieving self-sufficiency by providing Iow cost housing and other services as needed. All units are located in Federal Way. The proposed project is for improvements to the units including screen/patio doors, kitchen an~ bathroom sinks, as well as new bathtubs and cabinetry. These improvements are proposed to maintain a high quality program for the clients and to maintain the value of the existing units. Feasibility Demonstrated Need and Effect of Project The applicant cites City of Federal Way Human Services Comprehensive Plan statistics noting that about 13% of the .Federal Way population is at median income or below and that more tha 150 homeless children were enrolled in the Federal Way School District in 1995. The Plan als, states that many Federal Way residents are at risk due to Iow incomes and high housing costs The applicant notes that since there are no emergency shelters in Federal Way, the homeless rely on regional services such as the Federal Way Community Caregiving Network (FWCCN) for motel vouchers. Approximately 75% of the calls the FWCCN receives on their emergency assistance phone line for shelter are from women and children. Tab ( Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The proposed budget does not provide sufficient detail to determine if the proposed rehabilitation of the units is eligible for CDBG funds. Additional information on the proposed improvements by unit with a detailed budget including labor has been requested. This project must utilize Federal Fair Wages and bidding requirements. The applicant has been asked whether these requirements were considered in their cost estimates. FUSION is requesting th( Federal Way CDBG funds for 86% of the project although the demographics provided indicate that only ~6°!~ cf th~ clients se,";~d in 200! 54% of the clients served in 2002 were Federal Wa~ residents. '~nn'~ ,~ ....... ~.i,- ~,.~ .... ,~,-,,. ~.~ ~,o,-, ~ ..... q .... ,~.,~ Capacity of Applicant (to manage and/or provide long-term operating support) FUSION is volunteer-run agency. As additional units are added to the agency's portfolio, concern increases regarding the capacity of the agency to raise annual operating funds to support each unit. Those costs include operating and maintenance expenses for each unit an( a contract with South King County YWCA for case management. This is not a yet a major concern as the agency has slowly increased their program to eight units. FUSION began their transitional housing program in 1993. Project Revenue Sources Federal Way CDBG Private Funds/Inkind TOTAL COST $ 27,750 2003 Funds Received $0' $ 0 Federal Way Share 86% 100% $ 27,750 *This program received $207,254 in 2003 for acquisition of two units of transitional housing. 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Title: Category: Request: Minimum: Appian Way Apartments Community Center Capital Project $75,000 Applicant states cannot be funded at a reduced level. Applicant: Intercommunity Mercy Housing One Sentence Use of Funds Funds will be used for design and construction of a new community center that will serve as a location for the provision of services for homeless and extremely Iow-income families living in the West Hill and Star Lake areas of Southwest King County. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Maintains Proof ESA: To Be Determined Local Strategy #3: Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of their lives. Project Description The proposed project is to build a community center at Appian Way Apartments located in Ken near S. 260th & SI:{ 99. Appian Way Apartments consists of 150 units of apartments that are affordable to households earning less than 30% & 50% of Area Median Income. Currently, on~ two-bedroom apartment is utilized for supportive services, activities and programs serving 209 children and 210 adults. Intercommunity Mercy Housing is proposing the development of a 3,000 sq. ft. community center. Programs offered at the community center would also be available to other residents of the West Hill neighborhood. The new community center would replace an existing office building and include two large meeting rooms, a kitchen, counseling rooms, administrative offices, and a computer laboratory room. Planning for the facility has begun with input from the Appian Way residents and will be designed with input from Federal Way Youth and Family Services who is a service partner. Feasibility Demonstrated Need and Effect of Project The applicant states that their ability to provide supportive services to the current residents of Appian Way and the surrounding community is limited by the current space available. There is also a high need for services with 150 units of housing serving households with 30% and 50% of Area Median Income on site. The applicant has operated a program for approximately 419 clients but is limited on services that can currently be provided. While the applicant has demonstrated the need for the project in general, the amount of benefi' to Federal Way residents is unclear. The demographics provided assume 1,000 clients annually based on additional area residents being served. A map showing the proposed servk area with city borders identified has been requested. The housing may serve Federal Way residents if they move into apartments outside of the city limits to find affordable housing. This has not been adequately documented in the application. Employment and school attendance does not determine residency. Tab ;' Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) This project is requesting 7.5% funding from Federal Way CDBG and states that 30% of the clients benefiting are Federal Way residents. The budget appears feasible. It does not appear that any funding has been secured for this project to date. Capacity of Applicant (to manage and/or provide long-term operating support) Intercommunity Mercy Housing (IMH) owns, develops, and manages affordable housing for Iow income families and children. Intercommunity is part of the Mercy Housing System, a nation- wide non-profit with a mission "to create and strengthen healthy communities through the provision of quality, affordable, service-enriched housing for individuals and families who are economically poor." IMH has experience with development, design, and property management of community space and common areas like the one proposed at Appian Way. Project Revenue Sources Federal Way CDBG Other CDBG Funds Foundations/Grants Corporations Individuals TOTAL COST $ 75,000 $ 150,OO0 $ 475,000 $ 50,000 $ 25O,OOO $1,000,000 2003 Funds Received Federal Way Share $0 7.5% 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Title: Category: Request: Minimum: International Place Apartments Capital Pr~e~ $360,46O $277,300 Applicant: Korean Women's Association ITab One Sentence Use of Funds Funds will be used to acquire the property for the project and construct infrastructure outside ol the building envelope. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Homeless persons. ESA: To Be Determined Local Strategy #1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in Iow- and moderate-income households. Create housing opportunities for seniors, youth, and special needs groups and impact the availability of transitional housing and emergency shelter. Project Description Funding is being requested for site acquisition, parking lot construction, and utility extensions f¢ International Place Apartments, a 42-unit senior housing project for Iow-income elders. The proposed project is a four-story structure with 41 one-bedroom apartments and 1 two-bedroom manager's unit. The project will have on-site parking and services. This project is being mirrored after a similar project developed by the Korean Women's Association, the Pacific Villa project in Tacoma. Pacific Villa is a 25 unit HUD 202 project that has been operating since 1998. HUD provides an operating subsidy to HUD 202 projects in exchange for a commitment to limit rents. International Place rents will be limited to 30% of household income and only Iow income tenants will be accepted. Since application, the project has been rejected for the 2003 round of HUD 202 funding due to the proposed site, which had too much truck traffic and no close grocery stores appropriate for seniors. The applicant has requested that the 2004 CDBG application still be considered for site acquisition to locate a more appropriate site in Federal Way. The applicant intends to re- apply for HUD 202 funding in 2004 and has been told that they have a strong application in other regards. Feasibility Demonstrated Need and Effect of Project The applicant cites 2000 Census data for Federal Way that shows that the elderly have increased as a percentage of the total population from 6.2% in 1990 to 7.6% in 2000 and that poverty has increased among elders from 4.5% in 1990 to 6.5% in 2000. Median rents are als, increasing faster than median household income with a third of renters paying more than 35% their household income for rent. The King County Consortium's Consolidated Plan states that 7,264 elderly households in the Consortium area are in need of housing assistance. The applicant also notes that they currently have a waiting list of 100 persons, the majority of which are from Federal Way. [Tab Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) This project is currently relying on HUD 202 selection as noted above for the majority of funding and will also seek funding from the Washington Housing Trust Fund and King County. The applicant is requesting 7% of the project be funded by Federal Way 2004 CDBG funds and states that 82% of the clients benefiting will be from Federal Way. If completed as proposed, the project would create 41 additional units of Iow-income senior housing in Federal Way. Capacity of Applicant (to manage and/or provide long-term operating support) The Korean Women's Association has successfully built and operated the Pacific Villa complex in Tacoma and states that the have no vacancies and few problems. The KWA plans to utilize Quantum, a professional management company, to operate the complex when complete. The Korean Women's Association was established in 1972 and has been successful in providing culturally and linguistically appropriate services to a variety of Iow-income populations. Project Revenue Sources Federal Way CDBG HUD 202 WA Housing Trust Fund King County Housing Korean Women's Assoc. TOTAL COST $ 360,460 2003 Funds Received $0 $3,780,273 Federal Way Share 7% 431,213 516,808 10,000 $5,098,754 Title: Category: Request: Minimum: 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Intergenerational Campus - Community Services Building Capital Project $10,000 $ 5,00O Applicant: Lutheran Community Services Northwest Tab One Sentence Use of Funds Funds will be used to cover architectural fees associated with the development of a Communit) Services Building to provide licensed childcare, chore services for elderly/disabled individuals, refugee and immigrant support services, and a health clinic. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Maintains Proof; and, Limited Clientele - Presumed Benefit - Elderly ESA: To Be Determined Local Strategy #3: Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the qualit of their lives. Project Description This project is the pre-design and design phase for the new construction of a multi-service facility in the City of SeaTac. The facility will house an extended hour childcare center (75-10(3 slots), refugee and immigrant mental health counseling services, chore services for the elderly/disabled, and a health clinic. These uses will account for approximately 14,000 gross square feet of the 32,000 gross square foot facility. The remaining space will be used for administration and other social services. Lutheran Community Services Northwest, a private non-profit organization that provides social services to consumers of all religious and cultural backgrounds, will operate the facility. The Community Services Building is part of a larger effo to create a multigenerational campus that will include 80 units of Iow-income senior housing th~ is not funded through this request. Feasibility Demonstrated Need and Effect of Project The applicant demonstrates the need for the program by citing the 20-year population growth 0 0 South King County (55 ~), along with the high percentage of Iow-income families (over 7 Yo of 0 0 0 families and 10 Yo of children live below 30 Yo of median income). Additionally, 52 ~ of King County's public assistance recipients live in South King County and Child Care Resources reports only one licensed childcare slot for every two children in need of services in South Kine County. Finally, an average of 3,000 refugees and immigrants relocate to the South King County area annually. The application did not address the needs of Federal Way residents specifically. It is estimated that this program will serve 635 Federal Way residents. This represents 11.5% the number of clients who will be served sub-regionally. The estimates are based on current service statistics from current Lutheran Community Services clients. The projected benefit to Federal Way residents has increased from the projection of 180 Federal Way residents in the 2002 CDBG application. ~t ITab 1 Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The applicant estimates that 5.1% of the clients served will be Federal Way residents. If this request is fully funded in addition to the $30,000 awarded in 2002, Federal Way's contribution would be 1.3%. The budget summary (question 22) shows varied funding although only $788,330 is secured. The project budget appears sound and has been revised since first application due to better estimates and actual expenses including permitting and mitigation costs and utilities. The budget has also been increased to include furnishings and equipment, the cost of the capital campaign and the costs of a bridge loan if needed. Capacity of Applicant (to manage and/or provide long-term operating support) LSS is a large, well-established nonprofit organization. They constructed a new facility in Seattle in 1998 with private and public funds. The applicant receives operating funds from the State of Washington and through client fees. Operating funds will also be generated from fees assessed to high-income clients who use the agency's childcare center. The impetus for the childcare component of the project was an Around the Clock Childcare Committee that was formed in 1997-1998 by King County elected officials to address the need for extended childcare in the SeaTac area. A SeaTac childcare committee that recommended that the childcare center be operated by LSS is now developing the childcare component. Because the applicant does not have experience operating a childcare center, Child Care Resources will provide training and consultation in management/administration, curriculum development, and operation. Project Revenue Sources Federal Way CDBG LATCH Lease Prepaymnt Bank Mortgage ELCA In-Kind Land CDBG Secured CDBG Requested State CTED 2003-05 Capital Campaign TOTAL COST $ 10,000 $ 273,28O $ 854,OOO $ 341,600 $ 173,450 $ 141,595 $ 128,100 $1,227,130 $3,149,155* 2000 Funds Received Federal Way Share $30,000 1.3% *This program receives operating support from the City of Federal Way General Fund. It is budgeted to receive $21,000 a year for 2003/2004. **Question 22 is not equal to the project budget. Tab 1 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Title: Category: Request: Employee Development Services - Federal Way Capital $103,050 Applicant: Multi-Service Center One Sentence Use of Funds The grant will be used to increase economic opportunities of Iow- and moderate-income Way residents by raising their level of employability and helping them progress toward family wage jobs. Eligible Activity: Employment Services by a Community Based Development Organizatior (CBDO) National Objective: Low and Moderate Income Benefit - Limited Clientele - Agency Proof ESA: Exempt Local Strategy #3: Address human services needs that focus upon self-support systems that empower familie and communities to contribute to their own well-being and enhance the quality of their lives. Project Description This program will target Iow-to moderate-income Federal Way residents who are either seekin employment or are in danger of losing their job due to poor work habits. Employment skill building activities will help increase their employability and their likelihood of obtaining a wage job. Participants will undergo a holistic, comprehensive assessment of their strengths work and life experience, identify barriers to finding and keeping a job, and develop goal individual development plans. Assessment may include tests like the WOIS, CASAS, SkilCheck, and other tools as appropriate. Instruction and support will be in individual or format, depending on need. MSC's current Job Awareness curriculum will be adapted to meet identified needs of residents unemployed or who are having problems on the job. Topics include basic workplace behavior, teamwork, accepting constructive feedback, leadership skill., communication, taking initiative, resume building, interviewing and job search. Those more ready to work will jump to job search and interviewing, while others will participate in a worksh¢ format. All will have access to a monthly Job Clinic for peer support, speakers from the business community and participant generated topics of interest. Federal Way businesses will be encouraged to hire work-ready participants and will be employer-targeted services such as: examination of their hiring needs, workforce strengthenin.(i, worker turnover reduction, increased employee productivity, employee wage progression and use of the Earned Income Tax Credit. Workplace Literacy is a critical need for many businesses with high turnover and/or Iow productivity and this program proposes Workplace Literacy classes for interested Federal Way employers, which impacts employee and wage progression, a win-win for Federal Way economic opportunity Tab 1 Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) Data from Census 2000 indicates that 7% of Federal Way residents (5,561) over the age of 18 did not complete high school. This is likely an extremely Iow estimate, as people with lower literacy skills often do not participate in census activities. In King County, 13% of the adult population is estimated to be functionally illiterate (reading at or below eighth grade reading levels). Many area employers now rely on pre-employment testing to ensure that workers are capable of performing at higher levels than previously expected. A majority of adult students between the ages of 18-54 participating in our program and residing in Federal Way are workin to improve their skills in order to both obtain and retain a living wage job. The participant individual development plan will spell out step-by-step their responsibility in achieving their self- designed self-sufficiency goals. Learning to set goals and obtaining the resources to meet goals will build self-sufficiency skills and the ability to seek out answers to problems. Gainfully employed residents and a strong business workforce build stronger communities. The performance and outcome measures are appropriate for the amount of funding requested for a full year. Data is not yet available from the 2003 Employment Services program to evaluate. Since the program was funded as a 2003 project for 12 months that will end after June 2004, the Commission may choose to fund the program from the end of the 2003 contracl through the end of 2004. If so, funding and performance measures would need to be adjusted proportionately. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure/eve/s) This project would be fully funded by Federal Way's CDBG program out of the available capital funds for 2004 and serve Federal Way residents exclusively. When this program was funded a a 2003 CDBG project, it was done as a pilot project. The Commission may wish to ask the applicant if they plan to diversify funding in the future if the project is successful. The program sets a goal of serving 75 clients with 56 individual development plans. This translates to a cost of $1,374 per client or $1,840 per development plan. The budget appears to be reasonable wit the majority of expenses being personnel to provide the training and one-on-one services described above. Capacity of Applicant (to manage project and/or provide long-term operating support) The MSC has been providing services for South King County and Federal Way since 1971. They provide an array of emergency services, support services, and transitional housing and have vast experience in implementing programs. The long-term operating support of the Federal Way Employment Development Services program has not been identified by the agency. Project Revenue Sources Federal Way CDBG Total Cost $103,050 2003 Funds Received $103,050 Federal Way Share 100% $103,050 12 2004 CDBG APPLICATION CAPITAL PROJECT SUMMARY Title: Category: Request: Minimum: Garden Park Apartments Capital Project $150,000 $125,000 Applicant: Multi-Service Center One Sentence Use of Funds Funds will be used to purchase the Garden Park Apartments to retain affordable housing. Eligible Activity: Public Facility National Objective: Low and Moderate Income Benefit - Limited Clientele - Homeless persons. ESA: To Be Determined Local Strategy #1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in Iow- and moderate-income households. Create housing opportunities for seniors, youth, and special needs groups and impact the availability of transitional housing and emergency shelter. Project Description Funding is being requested for site acquisition of the Garden Park Apartments located in Federal Way consisting of 85 one- and two-bedroom units. Following acquisition, the Multi- Service Center will complete rehabilitation of the apartment complex including new flooring, cabinets, doors, paint, and appliances in addition to general maintenance and repairs. Due to high vacancy rates, the renovations will be accomplished through movement of tenants within the complex. Units will be leased to clients with 50% to 60% of the median income. The applicant will be working with the police department to assure any current or future crimin~ behavior and elements are removed from this property. Quantum Management will provide property management services. Feasibility Demonstrated Need and Effect of Project The applicant notes that Federal Way has doubled in population and households are generally more affluent than nearby communities but its employment base is mainly in the service and retail area. According to the South County "Economic Engine" Report of 2002, Federal Way had 32.6% of its households earning less than $50,000 a year. In addition, while Federal Way had a working population over 51,000, the number employed was only 27,323. The Multi- Service Center notes the need to maintain current housing stock as stated in the City of Feden Way Comprehensive Plan. The MSC has purchased and renovated similar projects in South King County including Mansard Estates, Victorian Place II, and White River Apartments. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The agency is requesting 2% CDBG funds from Federal Way although the project will have 100% Federal Way residents. The applicant is requesting a commitment from the City of Federal Way to provide additional incentives for commitments from King County and DCTED. The project will also benefit from deferred developer fees, cash flow during rehab, and interest from bonds. ITab Capacity of Applicant (to manage and/or provide long-term operating support) The Multi-Service Center was founded in 1971 as a community action agency. The agency ha,~ provided housing services to homeless individuals and families since its inception. Currently th, agency has 180 housing units throughout South King County. The MSC has a proven record o' accomplishment providing affordable housing in addition to many numerous support programs. Funds from Equity proceeds will be used to set up a working capital operating reserve. In addition, annual replacement reserves will be established on each unit. Project Revenue Sources Federal Way CDBG $ 150,000 DCTED $ 899,000 King County $ 932,500 WSHFC Bonds $3,460,000 Deferred Dev. Fee $ 407,077 Equity Proceeds $1,603,926 Cash Flow (Rehab) $ 26,525 Interest on Bonds $ 60,110 TOTAL COST $7,539,137 2003 Funds Received Federal Way Share $0 2% CITY OF ~ Federal Way Atta, MEMORANDUM DATE: TO: FROM: SUBJECT: June 12, 2003 Human Services Commission Kelli O'Donnell, CDBG Coordinator -- 2004 Community Development Block Grant (CDBG) Planning and Administratio Budget -- Staff Recommendation Intr_nd-cfinn and _Rack~r_n~m_d As part of your funding recommendations to the City Council, the Commission will make a recommendation regarding the use of 2004 CDBG Planning and Administration funds. This memo includes: background information on how the CDBG Planning and Administration funds have been used in previous years and the staff recommendation for use of the 2004 CDBG Planning and Administration funds. The total estimated amount of CDBG funds available to the City for 2004 is $855,907. Of this, $90,721 is earmarked for planning and administration of the City's CDBG Program. The budg~ proposed by staff utilizes the full amount of estimated CDBG Planning and Administration fund available, which is consistent with past years. The 2000 Census resulted in an increase in the overall amount of CDBG funds available to Federal Way and the amount available for planning and administration. F!!n~ih_l~ ll$eR nf Phanninn. and Admini-~tr~atinn F~;nd_~ Planning and Administration is one of three categories that the Department of Housing and Urban Development (CDBG) has deemed as an eligible use of CDBG funds. Eligible uses of Planning and Administration dollars include: personnel and related administrative costs used administer the CDBG program, planning projects such as studies, analyses, data gathering ar preparation of written plans and action items. Administrative costs include the cost of required legal ads, office supplies, and travel and training. The proposed use of the City's 2004 Planning and Administration Funds is consistent with the HUD eligibility guidelines. Pr_ri.no,ed 11_~ of 211114 nnn~ Phanninn. and Admini_~tratinn Funds The proposed 2004 budget is outlined below, with the 2002 and 2003 budget provided for comparison purposes. Below are the estimated costs and descriptions of each budget category. CDBG Planning and Administration Budget 2002 'TOTAL Proposed 2004 Budget Category 2003 Personnel Costs $62,206 $62,756 $85,31 Program Operating Costs $ 3,850 $ 3,850 $ 5,5( Consultant and Purchased Services $ 0 $23,442 ...................... hrnent 5 $ 0 $90,81 ~..4. Bud_clet Cate~lory Descriptions Personnel Costs - Includes the majority of the salary and benefits for the CDBG Coordinator (1.0 FTE). An increase in administrative staff has been recommended to the City Manager for 2004 to increase the Administrative Assistant position to .5 FTE. This position was formerly funded for $2,500 annually to cover additional hours during peak times for the CDBG Program such as the annual allocation and contracting processes. The growth of Federal Way's CDBG Program requires additional administrative assistance to meet reporting and record keeping requirements. The expansion of this position will require approval by the City Council as part o the mid-biennium budget review. Funds available for planning and administration that are not programmed will be added to Federal Way's CDBG Capital funds. Program Operating Costs - Includes legal advertising, training, mileage reimbursement, and supplies necessary for administering the CDBG program. Training funds for the Human Services Commission are also included in this amount. Consultant and Purchased Services - Includes special project funds for consultant or purchased services. In past years, these funds have been used for updates to the Human Services Comprehensive Plan, outcomes technical assistance to agencies, and development the CDBG/Human Services photo display board. In 2003, the Human Services Commission recommended that additional P&A funds be applied toward the cost of a Consolidated Housin~ and Community Development Plan. An additional $20,000 was received from the Consortium to apply toward the Consolidated Plan. Additional funding is budgeted in the 2004 General Fund to complete the Plan. Local Strategy Addressed The proposed use of 2004 CDBG Planning and Administration funds is consistent with the City's CDBG Strategies, as noted below. Strategy #3 -- Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. Activity #4 -- Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available, special planning projects will be considered. Staff Recommendation Staff recommends using the full amount of 2004 CDBG Planning and Administration Funds available ($90,884) for the administration of the City's CDBG program as outlined above. Staff will present the planning and administration budget during your budget deliberations at your next meeting. If you have any questions about the planning and administration budget before then, please call me at (253) 661-4153 or E-mail at kellio@fedway.org. COMMUNITY DEVELOPMENT BLOCK GRANT Attachment INTRODUCTION The federal Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program provides an annual grant to entitled cities and counties. The purpose of this grant is to help develop viable urban communities by providing decent housing and a suitable living environment, an by expanding economic opportunities, principally for low- and moderate-income persons. The City of Federal Way receives its CDBG allocation through th King County CDBG Consortium. The allocation is based upon th City's population and percentage share of low- and moderate income individuals. The City implements programs by contractin for services with its own departments or through area non-profit agencies. NATIONAL OBJECTIVES The Community Development Block Grant can be used to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and public services. The City funds CDBG programs by means of an annual applicatic process. Each project or program proposal is measured against locally established goals and three nationally established objectives. The national objectives support activities that: Benefit low- and moderate-income persons; Aid in the prevention or elimination of slums or blight; or Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs (i.e. disaster recovery relief). In general, the City of Federal Way does not exhibit the characteristics necessary for a project to be justified under the second or third objectives. Therefore, the vast majority of the City's CDBG projects are justified under the first objective of lou and moderate-income benefit. Source: Code of Federal Regulations Title 24, Part 570 (24 CFR 570) ELIGIBLE ACTIVITIES IMPLEMENTION OF ACTIVITIES ,EXAMPLES Source: Attachment The criteria for how an activity may be considered to benefit low- and moderate-income persons are divided into four subcategories: Those involving area benefit, · Those serving a limited clientele (i.e. the disabled or elderly), · Those involving housing, and · Those involving job creation or retention. Once a project meets a national objective, it must also qualify as a eligible activity under local and federal requirements. CDBG funds may be used for activities that include, but are not limited tc · Acquisition, disposition, or clearance of real property; · Rehabilitation of residential and non-residential structures; · Construction of public facilities and improvements, such as water and sewer facilities, streets, and neighborhood centers; · Direct human services; · Homeownership assistance programs; · Activities relating to energy conservation and renewable energy resources, and · Assistance to for-profit businesses to carry out neighborhood economic development or job creation or retention activities. The City, as a CDBG recipient, can undertake activities directly, c can identify a sub-recipient to undertake activities. Sub-recipients are public or private non-profit agencies, authorities, or organizations. CDBG assistance to private for-profit businesses ii allowed with the addition of an extra level of regulatory scrutiny and performance reporting. Exceptions to this rule include aid given to microenterprises (businesses employing less than five persons) and exterior rehabilitation of commercial buildings. Since Federal Way incorporated, a wide variety of programs and projects have benefited from complete or partial CDBG funding. · Reconstruction of sidewalks for wheelchair accessibility · Transitional shelter for homeless women and children · Signalized pedestrian crossing in a lower income neighborhoo · Child care subsidy program · First time homeownership program · Domestic Violence Advocacy program · Public improvements in the International District · Home repair loan and grant program Code of Federal Regulations Title 24, Part 570 (24 CFR 570) Attachment HOUSING AND COMMUNITY DEVELOPMENT FIVE-YEAR STRATEGIES, 2000-2004 The Housing and Community Development Four-Year Strategies evolved from the 1993 Community Development Block Grant (CDBG) Local Program Policies. The strategies were developed in 1994 and updated in 1995. At that time they were given a four-year term, from 1996 to 1999. They were revisited in 1998 and again in 1999. In May 1999, the strategies were renewed for another four year term, 2000 to 2003. In March 2003, the strategies were extended through the end of 2004. These strategies provide guidelines for the allocation of CDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth Managemer Act and the Human Services Comprehensive Plan. GOAL STATEMENT Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challeng, of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use CDBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and by expanding economic opportunities for low- and moderate-income persons. OBJECTIVES To fund projects which address local needs and strategies To ensure that the basic human service needs of low- and moderate-income persons are addressed To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations To preserve the existing housing stock To stimulate economic development and strengthen the City's infrastructure Four-Year Strategk Page 2 of NEEDS The City of Federal Way has identified housing and non-housing community development need~' through public involvement activities, studies, needs assessments, and planning processes. 1. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health ant safety problems. 2. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stock. 3. Accessibility - Modifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. 4. Infrastructure Improvement - Neighborhood revitalization projects such as Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. 5. Public Services - Projects which meet the following City Council human services goals: support basic human needs through funding of emergency services; support a strong service delivery system that increases public safety; provides support that supplements federal, state, and county programs designed to increase self-sufficiency and independence; and ~' support service models that improve community-based collaboration and build strong neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. k:\cd human services\cdbg program\cdbg general\cdbg intro [01 \block gran Four-Year Strategi~ Page 3 of STRATEGIES The City of Federal Way adopts the following three strategies to guide funding decisions for the annual Community Development Block Grant allocation. Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing t, accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the community's decision to incorporate. The City will maintain a Housing Rehabilitation Loan and Granl Program to maintain health and safety standards in the homes of low- and moderate- income households and persons with disabilities. Activity 2 According to established service providers, suburban homelessness is increasing. There a limited supply of transitional and emergency shelter facilities in South King County to meet this overwhelming need. The City will continue to support local and regional shelter and transitional housing service providers. The City will encourage and support more homelessness prevention services, including youth shelter services. Activity 3 The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families. The City will: Consider participating in a South King County regional entity to address housing needs. · Assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. · Look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. · Consider funding homeownership programs such as down payment assistance, swea~ equity, homebuyer education, community land trust or those that reduce developme~: costs or reduce mortgages. k:\cd human services\cdbg program\cdbg general\cdbg intro 01 \block gran Four-Year Strategi,,'s Page 4 of 5 Strategy #2 Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Fifteen percent (15%) of the annual CDBG allocation will be targeted toward projects categorized under this strategy. Activity 1 The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. Activity 2 The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well-being of youth, elderly, and disabled persons. Activity 3 The City will consider funding projects which encourage community development activities such as job creation, downtown and neighborhood revitalization, and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. Activity 4 The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Strategy #3 Address human services needs which focus upon self-support systems that empower families an communities to make contributions to their own well-being and enhance the quality of their live Provide technical assistance, planning and administrative services to increase performance level of CDBG program participants. Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. k:\cd human services\cdbg program\cdbg general\cdbg intro 01 \block gran Four-Year Strategi~ Page 5 of Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. Activity 3 The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a continuu~ of care for people. Activity 4 Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available, special planning projects will be considered. k:\cd human services\cdbg program\cdbg general\cdbg intro D l\block gran MEETING DATE: September 16, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: YOUTH COMMISSION APPOINTMENTS CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on September 16, 2003, the City Council will interview ai~plicants to fill six vacant positions on the city's Youth Commission. Three of the current commissioners whose terms hay e expired have reapplied, and one of the current alternates has applied for a voting position. The Council will then confirm their new appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment of the following persons to the city's Youth Commissi~ m, with 2-year terms effective through August 31, 2005, unless the appointee is currently a senior: (The City Clerk will arrange for introductions and certificate presentations at the October 7 regular meeting) CITY MANAGER APPROVAL: COUNCIL ACTION: (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED~O ACTION Enactment reading MEETING DATE: September 16, 2003 ITEM# CITY OF FEDERAL WAy City Council AGENDA BILL SUBJECT: Community Center Bond Ordinance CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft Ordinance SUMMARY/BACKGROUND: At the September 2 regular council meeting, the City Council directed staff to s tart the preliminary design and proceed project financing for the development of a 77,450 square feet community center i)roejct. The proposed financing would be through a 30 -year general obligation bond issue not to exceed $15 million, to be repaid with utility tax revenues. CITY COUNCIL COMMITTEE RECOMMENDATION: NA PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular mc eting on October 7, 2003" ...................................................................................CITY MANAGER APPROVAL: ~ ........................................................................ COUNCIL ACTION: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) REVISED - 05/10/2001 COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, providing for the issuance of limited tax general obligation bonds of the City in the principal sum not to exceed $15,000,000 to finance a community center at Celebration Park; and providing the form and terms of the bonds. WHEREAS, the City Council of the City of Federal Way, Washington (the "City") ha: determined that it is in the best interest of the City to construct a community center a Celebration Park (the "Project"); and WHEREAS, the City enacted a 1% utility tax to provide a primary source of debt servic~ payment in addition to other general tax revenues for the construction and operation of th community center; and WHEREAS, it appears to the City Council that it is in the best interest of the City that it limited tax general obligation bonds be sold by competitive bid in the aggregate principal amour. not to exceed $15,000,000 to finance the Project; and WHEREAS, upon the receipt of bids for the bonds, the successful bid shall be subject t, approval by resolution of the City Council, as provided herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions. As used in this ordinance, the following words shall have th following meanings, unless a different meaning clearly appears from the context: "Arbitrage and Tax Certification" means the certificate executed on the day of closing the Bonds by the Management Services Director, or her designee, setting forth the requiremer of the Code for maintaining the tax-exemption of interest on the Bonds. "Bond Register" means the registration records for the Bonds maintained by the Bon, Registrar. "Bond Registrar" means the fiscal agency of the State of Washington, currently in Ney York, New York, for the purposes of registering and authenticating the Bonds, maintaining th, Bond Register, effecting transfer of ownership of the Bonds and paying principal of and interes on the Bonds. "Bonds" means the not to exceed $15,000,000 principal amount of the City of Feder~ Way, Washington, Limited Tax General Obligation Bonds, 2003, issued pursuant to thi ordinance. "CEDE & Co." means the nominee of The Depository Trust Company. "City" means the City of Federal Way, Washington, a municipal corporation dul organized and existing under and by virtue of the Constitution and laws of the State c Washington. "City Council" means the legislative authority of the City as the same shall be duly an, regularly constituted from time to time. "Code" means the Internal corresponding and applicable final, Revenue Code of 1986, as amended, together witl temporary or proposed regulations and revenue rulin issued or amended with respect thereto by the United States Treasury Department of the Interr Revenue Service, to the extent applicable to the Bonds. "Commission" means the Securities and Exchange Commission. "Debt Service Fund" means the "LTGO Bond Debt Service Fund, 2003" authorized to 1: created by Section 6. Ord# , Page 2 k:\finance\debt administration~20031tgo ordinance.d ~c "DTC" means The Depository Trust Company of New York, as depository for the Bond~, or any successor or substitute depository for the Bonds. "Letter of Representations" means the Blanket Letter of Representations from the City t, DTC. "MSRB" means the Municipal Securities Rulemaking Board or any successor to it functions. "NRMSIR" means a nationally-recognized municipal securities information repository. "Registered Owner" means the person in whose name a Bond is registered on the Bone Register. For so long as the City utilizes the book-entry system for the Bonds, DTC shall b, deemed to be the Registered Owner. "Rule" means the Securities and Exchange Commission's Rule 15c2-12 under th~ Securities Exchange Act of 1934. "Sale Resolution" means the resolution or resolutions to be adopted by the City Counc: approving a bid for purchase of and setting the final terms of the Bonds, in accordance wit Section 13 hereof. "SID" means a state information repository for the State of Washington (if one created). SECTION 2. Findings. The City Council hereby finds that the public interest, welfa and benefit of the City requires the design and construction of a Community Center Celebration Park. For the purpose of financing the Project, the City shall issue its limited t~ general obligation bonds (the "Bonds"). SECTION 3. Authorization of Bonds. The City shall issue and sell the Bonds in th aggregate principal amount not to exceed $15,000,000 to finance the Project and pay costs o Ord# ., Page 3 kSfinance\debt administrationX20031tgo ordinance.d, issuing the Bonds. The Bonds shall be general obligations of the City; may be issued in one c more series; shall be designated "City of Federal Way, Washington, Limited Tax Gener~ Obligation Bonds, 2003" and with any appropriate series designation; shall be dated as of th date or dates set forth in the Sale Resolution; shall be issued in fully registered form in th denomination of $5,000 or any integral multiple thereof, provided that no Bond shall represer more than one maturity; shall be numbered separately and in such manner and with an additional designation as the Bond Registrar deems necessary for purposes of identification an control; shall bear interest (calculated based on a 360-day year of 12 30-day months) at the rate set forth in the Sale Resolution, until the Bonds have been paid or their payment duly provide, for, payable on the dates and shall mature in the years as established in the Sale Resolution. SECTION 4. Registration, Exchange and Payments. (a) Registrar/Bond Register. The City hereby adopts the system c registration approved by the Washington State Finance Committee, which utilizes the risc, agency of the State of Washington, as registrar, authenticating agent, paying agent and transfe agent (the "Bond Registrar"). The Bond Registrar shall keep, or cause to be kept, at its princip~ corporate trust office, sufficient records for the registration and transfer of the Bonds (the "Bon, Register"), which shall be open to inspection by the City. The Bond Registrar is authorized, o: behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance witl the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar' powers and duties under this ordinance. The Bond Registrar shall be resPonsible for it representations contained in the Certificate of Authentication on the Bonds. (b) Registered Ownership. The City and the Bond Registrar may deem an, treat the Registered Owner of each Bond as the absolute owner for all purposes, and neither th Ord# , Page 4 k:Lfinanceklebt administrationX2OO31tgo ordinance.dc City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any Bond shall be made only as described in Section 4(h) hereof, but such registration may b transferred as herein provided. All such payments made as described in Section 4(h) shall b valid and shall satisfy the liability of the City upon such Bond to the extent of the amount amounts so paid. (c) DTC Acceptance/Letter of Representations. The Bonds shall initially b held in fully immobilized form by DTC acting as depository. To induce DTC to accept Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Issuer Letter of Representations (the "Letter of Representations"). Neither the City nor the Bond Registrar will have any responsibility or obligation to DT~ participants or the persons for whom they act as nominees with respect to the Bonds for accuracy of any records maintained by DTC or any DTC participant, the payment by DTC or DTC participant of any amount in respect of the principal of or interest on Bonds, any notice th is permitted or required to be given to Registered Owners under this ordinance (except notices as shall be required to be given by the City to the Bond Registrar or to DTC), selection by DTC or any DTC participant of any person to receive payment in the event of a partial redemption of the Bonds, or any consent given or other action taken by DTC as Registered Owner. For so long as any Bonds are held in fully immobilized form hereunder, or its successor depository shall be deemed to be the Registered Owner for all purposes, and 11 references in this ordinance to the Registered Owners shall mean DTC or its nominee and sh not mean the owners of any beneficial interest in any Bonds. (d) Use of Depository. Ord# , Page 5 k:~nance\debt administration~20031tgo ordinance.c oc (i) The Bonds shall be registered initially in the name of CEDE Co., as nominee of DTC, with a single Bond for each maturity in a denomination equal to total principal amount of such maturity. Registered ownership of such immobilized Bonds, any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or it nominee, provided that any such successor shall be qualified under any applicable laws provide the service proposed to be provided by it; (B) to any substitute depository appointed b the City pursuant to subsection (ii) below or such substitute depository's successor; or (C) to person as provided in subsection (iv) below. (ii) Upon the resignation of DTC or its successor (or any depository or its successor) from its functions as depository or a determination by the City discontinue the system of book entry transfers through DTC or its successor (or any depository or its successor), the City may appoint a substitute depository. Any such depository shall be qualified under any applicable laws to provide the services proposed to provided by it. (iii) In the case of any transfer pursuant to clause (A) or (B) subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, to with a written request on behalf of the City, issue a single new Bond for each maturity outstanding, registered in the name of such successor or substitute depository, or its nominee, as specified in such written request of the City. (iv) In the event that (A) DTC or its successor (or substitute depositc or its successor) resigns from its functions as depository, and no substitute depository can obtained, or (B) the City determines that it is in the best interest of the beneficial owners of Bonds that the Bonds be provided in certificated form, the ownership of such Bonds may then ,f ~e le ~e Ord# , Page 6 k:hfnance\debt administration~20031tgo ordinance., loc transferred to any person or entity as herein provided, and shall no longer be held in immobilized form. The City shall deliver a written request to the Bond Registrar, together with supply of definitive Bonds in certificated form, to issue Bonds in any authorized Upon receipt by the Bond Registrar of all then outstanding Bonds, together with a written reques on behalf of the City to the Bond Registrar, new Bonds shall be issued in the denominations and registered in the names of such persons as are provided in such request. (e) Transfer or Exchange of Registered Ownership; Change Denominations. The registered ownership of any Bond may be transferred or exchanged, but ~ transfer of any Bond shall be valid unless it is surrendered to the Bond Registrar with assigranent form appearing on such Bond duly executed by the Registered Owner or Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate deliver, without charge to the Registered Owner or transferee, a new Bond (or Bonds at option of the new Registered Owner) of the same date, maturity and interest rate and for same aggregate principal amount in any authorized denomination, naming as Registered Own the person or persons listed as the assignee on the assignment form appearing on the Bond, in exchange for such surrendered and canceled Bond. Any Bond may be surrendered the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount Df Bonds of the same date, maturity and interest rate, in any authorized denomination. The Registrar shall not be obligated to transfer or exchange any Bond during a period beginning the opening of business on the 15th day of the month next preceding any interest payment da te Ord# ,, Page 7 k:\finance\debt administrationx2OO31tgo ordinance.~ oc and ending at the close of business on such interest payment date, or, in the case redemption of the Bonds, after the mailing of notice of the call of such Bonds for redemption. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may becom the Registered Owner of any Bond with the same rights it would have if it were not the Registrar, and to the extent permitted by law, may act as depository for and permit any of officers or directors to act as member of, or in any other capacity with respect to, any formed to protect the rights of the Registered Owners of the Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have surrendered and canceled, it will maintain or caused to be maintained a system for recording ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. Both principal of and interest on Bonds shall be payable in lawful money of the United States of America. For so long as Bonds are in fully immobilized form, payments of principal and interest shall be made provided in accordance with the operational arrangements of DTC referred to in the Letter Representations. In the event that the Bonds are no longer in fully immobilized form, interest the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses such Registered Owners appearing on the Bond Register on the 15th day of the month the interest payment date, and principal of the Bonds shall be payable upon presentation surrender of such Bonds by the Registered Owners at the principal office of the Bond Re provided, however, that if so requested in writing by the Registered Owner of at least $1 principal amount of Bonds, interest will be paid by wire transfer on the date due to an with a bank located within the United States. SECTION 5. Redemption and Purchase. n Ord# , Page 8 k:'ffinance\debt administration~20031tg{ oc (a) Optional Redemption. The City reserves the right to redeem the Bond prior to their maturity as set forth in the Sale Resolution. If less than a whole of a maturity called for redemption, the Bonds to be redeemed shall be chosen randomly in integral multiple of $5,000 by the Bond Registrar or, so long as the Bonds are registered in the name o CEDE & Co. or its registered assign, by DTC. (b) Mandatory Redemption. In the Sale Resolution, the City Council designate certain Bonds to be term bonds subject to mandatory redemption. (c) Partial Redemption. If less than all of the principal amount of any Bond redeemed, upon surrender of such Bond at the principal office of the Bond Registrar, there sh~ be issued to the registered owner, without charge, for the then unredeemed balance of principal amount, a new Bond or Bonds, at the option of the registered owner, of like and interest rate in any authorized denomination. (d) Notice of Redemption. Written notice of any redemption of Bonds shall e given by the Bond Registrar on behalf of the City by first class mail, postage prepaid, not than 30 days nor more than 60 days before the redemption date to the registered owners s that are to be redeemed at their last addresses shown on the Bond Register or other s designated in writing by the registered owner. So long as the Bonds are in book-entry notice of redemption shall be given as provided in the Letter of Representations. The requirements of this section shall be deemed complied with when notice is whether or not it is actually received by the owner. Each notice of redemption shall contain the following information: (1)the redempti~ date, (2)the redemption price, (3)if less than all outstanding Bonds are to be redeemed, identification (and, in the case of partial redemption, the principal amounts) of the Bonds to >e Ord# ,, Page 9 k:\finance\debt administrationL20031tgo ordinance, oc redeemed, (4)that on the redemption date the redemption price will become due and payabl, upon each Bond or portion called for redemption, and that interest shall cease to accrue from redemption date, (5) that the Bonds are to be surrendered for payment at the principal office o the Bond Registrar, (6) the CUSIP numbers of all Bonds being redeemed, (7) the dated date o the Bonds, (8) the rate of interest for each Bond being redeemed, (9) the date of the notice, (10) any other information needed to identify the Bonds being redeemed. Upon the payment of the redemption price of Bonds being redeemed, each check or transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (e) Effect of Redemption. Unless the City has revoked a the City shall transfer to the Bond Registrar amounts that, in addition to other money, by the Bond Registrar, will be sufficient to redeem, on the redemption date, all the Bonds to redeemed. From the redemption date interest on each Bond to be redeemed shall cease to (f) Amendment of Notice Provisions. The foregoing notice provisions section, including but not limited to the information to be included in redemption notices persons designated to receive notices, may be amended by additions, deletions and changes order to maintain compliance with duly promulgated regulations and recommendations re notices of redemption of municipal securities. (g) Purchase on Open Market. The City reserves the right to purchase any ~f the Bonds in the open market at any time and at any price. SECTION 6. special fund of the Service Fund"), Creation of Debt Service Fund and Provision for Tax Levy Payments. City known as the "LTGO Bond Debt Service Fund, 2003" (the is hereby authorized to be created. The Management Services Director m~ Ord# ,, Page 10 k:\finance\debt administrationX20031tg, create subaccounts in the Debt Service Fund for each series of Bonds. The Debt Service Fun, shall be drawn upon for the sole purpose of paying the principal of and interest on the Bonds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds ar. outstanding and unpaid that each year it will include in its budget and levy ad valorem taxe upon all the property within the City subject to taxation in an amount that will be sufficienl together with revenues from the 1% utility tax, to pay the principal of and interest on the Bond as'the same shall become due. The City hereby irrevocably pledges that the annual tax provided for herein to be levie~ for the payment of such principal and interest shall be within and as a part of the tax lev permitted to cities without a vote of the people, and that a sufficient portion of each annual lev to be levied and collected by the City prior to the full payment of the principal of and interest o the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the paymer of the principal of and interest on the Bonds to the extent that other legally available funds ar not deposited into the Debt Service Fund. The full faith, credit and resources of the City ar hereby irrevocably pledged for the annual levy and collection of the taxes and for the prom[ payment of the principal of and interest on the Bonds as the same shall become due. SECTION 7. Bonds Deemed To Be No Longer Outstanding. In the event that the Cit in order to effect the payment, retirement or redemption of any Bond, sets aside in the De Service Fund or in another special account, held in trust by a trustee, cash or noncallabl government obligations, as such obligations are now or hereafter defined in RCW 39.53, or an combination of cash and/or noncallable government obligations, in amounts and maturitie which, together with the known earned income therefrom, are sufficient to redeem or pay an retire such Bond in accordance with its terms and to pay when due the interest and redemptic Ord# , Page 11 k:\finance\debt administration\20031tgo ordinance.d )c premium, if any, thereon, and such cash and/or noncallable govermnent obligations ar, irrevocably set aside and pledged for such purpose, then no further payments need be made intl the Debt Service Fund for the payment of the principal of and interest on such Bond. The owne of a Bond so provided for shall cease to be entitled to any lien, benefit or security of thi ordinance except the right to receive payment of principal, premium, if any, and interest fron such special fund, and such Bond shall be deemed to be not outstanding under this ordinance. SECTION 8. Tax Covenantg Special Designation. The City covenants to undertake al actions required to maintain the tax-exempt status of interest on the Bonds under Section 103 o the Code as set forth in the Arbitrage and Tax Certification that will be executed at the closing o the Bonds. SECTION 9. Lost or Destroyed Bonds. If any Bonds are lost, stolen or destroyed, thl Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, maturity an~ tenor to the Registered Owner upon the owner paying the expenses and charges of the Bom Registrar and the City in connection with preparation and authentication of the replacemen Bond or Bonds and upon his or her filing with the Bond Registrar and the City evidenc~ satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his o her ownership, and upon furnishing the City and the Bond Registrar with indemnity satisfactor, to both. SECTION 10. form: Form of the Bonds. The Bonds shall be in substantially the followin [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA NO. Ord# , Page 12 k:\finance\debt administrationX20031tgo ordinance.do STATE OF WASHINGTON CITY OF FEDERAL WAY LIMITED TAX GENERAL OBLIGATION BOND, 2003 INTEREST RATE: MATURITY DATE: CUSIP NO REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Federal Way, Washington, a municipal corporation organized and existin under the laws and Constitution of the State of Washington (the "City"), hereby acknowledg~ itself to owe and for value received promises to pay to the Registered Owner identified above, registered assigns, on the Maturity Date identified above, the Principal Amount specified abov unless redeemed prior thereto as provided herein, together with interest on such Princip: Amount from the date hereof or the most recent date to which interest has been paid or dul provided for at the Interest Rate set forth above payable 1, 200__, an semiannually thereafter on each June 1 and December 1 until payment of the principal sum h: been made or duly provided for. Both principal of and interest on this bond are payable in lawf money of the United States of America. For so long as the bonds of this issue are held in ful immobilized form, payments of principal and interest thereon shall be made as provided accordance with the operational arrangements of DTC referred to in the Blanket Issuer Letter Representations from the City to The Depository Trust Company. In the event that the bonds this issue are no longer held in fully immobilized form, interest on this bond shall be paid check or draft mailed to the Registered Owner at the address appearing on the Bond Register the 15th day of the month preceding the interest payment date, and principal of this bond shall payable upon presentation and surrender of this bond by the Registered Owner at the princip office of the fiscal agency of the State of Washington in New York, New York (the "Bor Registrar"); provided, 'however, that if so requested in writing by the Registered Owner of least $1,000,000 principal amount of bonds, interest will be paid by wire transfer on the date dt to an account with a bank located within the United States. :S ~r d Y d [y )f )f ,n ~e al id it te This bond is one of an issue of limited tax general obligation refunding bonds of the Ci:y of like date and tenor, except as to number, interest rate and date of maturity, in the aggregale principal amount of $ ., issued pursuant to Ordinance No. __ of the City, pass{~,d on , 2003, and Resolution No. , adopted on ., 2003 (the "Bor[d Ordinance"), to finance capital improvements. The City has reserved the right to redeem the bonds of this issue maturing on and aft,.~r December 1, 20__, on or after December 1, 20__, in whole or in part (maturities to be select~:d by the City and by lot within a maturity in such manner as DTC or the Bond Registrar sh~ 11 determine), at par plus accrued interest to the date of redemption. Notice of any such intended redemption shall be given not less than 30 nor more th~ 60 days prior to the redemption date by first class mail, postage prepaid, to the Registered Own Ord# , Page 13 k:Lfinanceklebt administrationk20031tgo ordinance.~ ac .n ~r' of any bond to be redeemed at the address appearing on the Bond Register. The requirements, the Bond Ordinance shall be deemed to be complied with when notice is mailed as here provided, regardless of whether or not it is actually received by the owner of any bond. Intere on all such bonds so called for redemption shall cease to accrue on the date fixed for redempti( unless such bond or bonds so called for redemption are not redeemed upon presentation mac pursuant to such call. ,f Ln Portions of the principal sum of this bond in installments of $5,000 or any integral multiple thereof may also be redeemed in accordance with the schedule set forth above, and if less than all of the principal sum hereof is to be redeemed, upon the surrender of this bond at tl te principal office of the Bond Registrar there shall be issued to the Registered Owner, witho ~t charge therefor, for the then unredeemed balance of the principal sum hereof, at the option of tlLe owner, a bond or bonds of like maturity and interest rate in any of the denominations authoriz{.,d by the Bond Ordinance. [The City has not designated the bonds of this issue as "qualified tax-exempt obligation~ for purchase by financial institutions.] The City has irrevocably covenanted with the owner of this bond that it will annual include in its budget and levy taxes, within and as a part of the tax levy permitted to citi, without a vote of the electorate, upon all the property subject to taxation in amounts sufficier together with the revenues from the 1% utility tax, to pay the principal of and interest on th bond as the same shall become due. The full faith, credit and resources of the City are herel: irrevocably pledged for the annual levy and collection of such taxes and the prompt payment such principal and interest. The pledge of tax levies for payment of principal of and interest on the bonds may discharged prior to maturity of the bonds by making provision-for the payment thereof on terms and conditions set forth in the Bond Ordinance. Y Y The bonds of this issue are issued in fully registered form in the denomination of $5,01}0 each or any integral multiple thereof, provided that no bond shall represent more than o~e maturity. Upon surrender to the Bond Registrar, bonds are interchangeable for bonds in m~y authorized denomination of an equal aggregate principal amount and of the same interest rate and maturity. This bond is transferable only on the records maintained by the Bond Registrar >r that purpose upon the surrender of this bond by the registered owner hereof or his/her d~ ly authorized agent and only if endorsed in the manner provided hereon, and thereupon a new fully registered bond of like principal amount, maturity and interest rate shall be issued to tl~e transferee in exchange therefor. Such exchange or transfer shall be without cost to the register,~'d owner or transferee. The City may deem the person in whose name this bond is registered to De the absolute owner hereof for the purpose of receiving payment of the principal of and interest ~n this bond and for any and all other purposes whatsoever. Reference is made to the Bond Ordinance as more fully describing the covenants w: and the fights of Registered Owners of the bonds or registered assigns and the meanings capitalized terms appearing on this bond which are defined in such ordinance. le th >f Ord# , Page 14 k:Xfinance\debt administrationk20031tgo ordinance, oc This bond shall not be valid or become obligatory for any purpose or be entitled to ax security or benefit under the Bond Ordinance until the Certificate of Authentication hereon sh~ have been manually signed by the Bond Registrar. It is hereby certified and declared that this bond is issued pursuant to and in stri compliance with the Constitution and laws of the State of Washington and ordinances of tl City, that all acts, conditions and things required to be done precedent to and in the issuance this bond and the bonds of this issue have happened, been done and performed, and that bond and the bonds of this issue do not exceed any constitutional or statutory limitations. IN WITNESS WHEREOF, the City of Federal Way, Washington, has caused this bond be signed on behalf of the City with the manual or facsimile signature of the Mayor and to 1 attested by the manual or facsimile signature of the Clerk of the City, as of this ,2003 CITY OF FEDERAL WAY, WASHINGTON By /s/manual or facsimile Mayor ATTEST: /s/manual or facsimile Clerk of the City The Certificate of Authentication for the Bonds shall be in substantially the followi~ form and shall appear on each Bond: CERTIFICATE OF AUTHENTICATION Date of Authentication: This bond is one of the City of Federal Way, Washington, Limited Tax Gene~ Obligation Bonds, 2003, dated ,2003. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By Authorized Signer ty ll ct is }e ~g al Ord# _, Page 15 k:hqnance\debt administration~20031tgo ordinance.~ loc ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto _ PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE I (Please print or typewrite name and address, including zip code of Transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoi of , or its successc as Agent to transfer said bond on the books kept by the Bond Register for registration therec with full power of substitution in the premises. DATED: SIGNATURE GUARANTEED: NOTICE: Signature(s) must be guaranteed pursuant to law. NOTE: The signature on this Assignme must correspond with the name of ti Registered Owner as it appears upon ti face of the within bond in every particul,' without alteration or enlargement or m change whatever. SECTION 11. Execution of the Bonds. The Bonds shall be executed on behalf of ti City with the manual or facsimile signature of the Mayor and attested by the manual or facsim signature of the City Clerk. In case either or both of the officers who have signed or attested a of the Bonds cease to be such officer before such Bonds have been actually issued and deliven such Bonds shall be valid nevertheless and may be issued by the City with the same effect though the persons who had signed or attested such Bonds had not ceased to be such office and any Bond may be signed or attested on behalf of the City by officers who at the date ~t le le le le ~y :d, as of Ord# , Page 16 k:\finance\debt administrationX20031tgo ordinance loc actual execution of such Bond are the proper officers, although at the nominal date of executk of such Bond such officer was not an officer of the City. Only Bonds that bear a Certificate of Authentication in the form set forth in Section 1 manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitk to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidem that the Bonds so authenticated have been duly executed, authenticated and delivered and a: entitled to the benefits of this ordinance. In case either of the officers of the City who shall have executed the Bonds shall cease be such officer or officers of the City before the Bonds so .signed shall have been authenticat, or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless authenticated, delivered and issued and upon such authentication, delivery and issuance, shall as binding upon the City as though those who signed the same had continued to be such offic{ of the City. Any Bond may also be signed and attested on behalf of the City by such persons at the actual date of execution of such Bond shall be the proper officers of the City although the original date of such Bond any such person shall not have been such officer. SECTION 12. Application of Bond Proceeds. At the time of delivery of the Bonds, tl proceeds of the Bonds shall be deposited as follows: (a) The accrued interest, if any, to the date of delivery shall be deposited the Debt Service Fund and used to pay interest on the Bonds on their first interest payment date (b) The amount necessary to finance the Project and pay costs of issuing tl Bonds shall be deposited into an account designated by the Management Services Director. SECTION 13. Sale of the Bonds. To accomplish the plan of refunding and capi! improvements authorization by this ordinance, the City Council shall adopt the Sale Resolutio ~n ~e 'e rs le al Ord# , Page 17 k:~finance\debt administrationX20031tgo ordinance., oc which will set the interest rates, maturity amounts and years of the Bonds and approve purchase contract and official statement for the Bonds. The Sale Resolution also may establL, redemption provisions, approve bond insurance and set any other terms for the Bonds. Ti Bonds may be sold by negotiated or competitive sale. SECTION 14. Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City's writt¢ undertaking for the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule (b) Financial Statements/Operating Data. The City agrees to provide cause to be provided to each NRMSIR and to the SID, if any, in each case as designated by tl Commission in accordance with the Rule, the following annual financial information ax operating data for the prior fiscal year (commencing in 2004 for the fiscal year end{ December 31, 2003): 1. Annual financial statements showing ending fund balances prepared accordance with regulations prescribed by the Auditor of the State of Washington from time time. 2. 3. 4. 5. The assessed valuation of taxable property in the City; Property taxes due, property taxes collected and property taxes delinquer Property tax levy rate per $1,000 of assessed valuation; and Outstanding general obligation debt of the City. Such annual information and operating data described above shall be so provided on before the expiration of nine months after the end of the City's fiscal year (which now en, December 31). The City may adjust such date if the City changes its fiscal year by providi~ written notice of the change of fiscal year and the new reporting date to each then existi~ tl te .h te n }r le td in ~o ~r is ~g tg Ord# , Page 18 k:hqnance\debt administration~2OO31tgo ordinance, oc NRMSIR and the SID, if any. In lieu of providing such annual financial information m operating data, the City may cross-reference to other documents provided to the NRMSIRs, tl SID or to the Commission and, if such document is a final official statement within the meanix of the Rule, available from the MSRB. If not provided as part of the annual financial information discussed above, the City sh~ provide the City's audited annual financial statement prepared in accordance with regulatio~ prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any success, statutes), when and if available, to each then existing NRMSIR and the SID, if any. (c) Material Events. The City agrees to provide or cause to be provided, in timely manner, to the SID, if any, and to each NRMSIR or to the MSRB notice of the occurrem of any of the following events with respect to the Bonds, if material: · Principal and interest payment delinquencies; · Non-payment related defaults; · Unscheduled draws on debt service reserves reflecting financi difficulties; · Unscheduled draws on credit enhancements reflecting financi difficulties; · Substitution of credit or liquidity providers, or their failure perform; · Adverse tax opinions or events affecting the tax-exempt status the Bonds; · Modifications to the rights of Bond owners; le tg 11 15 )r a al IO ~f Ord# , Page 19 k:\finance\debt administrationX,20031tgo ordinance, oc · Bond calls (optional, contingent or unscheduled Bond calls oth than scheduled sinking fund redemptions for which notice is giw pursuant to Exchange Act Release 34-238560); · Defeasances; · Release, substitution or sale of property, securing repayment of Bonds; and · Rating changes. The City agrees to provide or cause to be provided, in a timely manner, to each NRMSI or to the MSRB and to the SLX), if any, notice of its failure to provide the annual financi information described in subsection (b) above on or prior to the date set forth in subsection above. (d) Termination/Modification. The City's obligations to provide notices material events shall terminate upon the legal defeasance, prior redemption or payment in full all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains opinion of nationally recognized bond counsel to the effect that the portion of the Rule tl requires that provision is invalid, has been repealed retroactively or otherwise does not apply the Bonds and (2)notifies each NRMSIR and the SID, if any, of such opinion and ti cancellation of this section. The City may amend this section with an approving opinion nationally recognized bond counsel in accordance with the Rule. (e) Bond Owner's Remedies Under This Section. The right of any bondown or beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right obtain specific enforcement of the City's obligations under this section, and any failure by tl City to comply with the provisions of this undertaking shall not be an event of default wi ~r :n t} te R af >f tn at to le ~r Io le Ord# _, Page 20 k:\flnance\debt administrationk20031tgo ordinance, oc respect to the Bonds. For purposes of this section, "beneficial owner" means any person who h the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership t any Bonds, including persons holding Bonds through nominees or depositories. SECTION 15. General Authorization; Ratification of Prior Acts. The Manageme Services Director and City. Manager and other appropriate officers of the City are authorized take any actions and to execute documents as in their judgment may be necessary or desirable order to carry out the terms of, and complete the transactions contemplated by, this ordinanc All acts taken pursuant to the authority of this ordinance but prior to its effective date are heret ratified. SECTION 16. Severability. If any provision in this ordinance is declared by any court competent jurisdiction to be contrary to law, then such provision shall be null and void and sh. be deemed separable from the remaining provisions of this ordinance and shall in no way affe the validity of the other provisions of this ordinance or of the Bonds. SECTION 17. Effective Date. This ordinance shall be effective five days after publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting there~ held this __ day of September, 2003. CITY OF FEDERAL WAY, WASHINGTON ATTEST Mayor City Clerk tS it ;O ~y )f .11 zt ts Ord# , Page 21 k:\finance\debt administrationX20031tgo ordinancex oc APPROVED AS TO FORM: Special Attorney to the City Preston Gates & Ellis LLP FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ord# , Page 22 k:\finance\debt administrationX20031tgo ordinance, oc CERTIFICATE I, the undersigned, Clerk of the City of Federal Way, Washington (herein called tl "City") and keeper of the records of the City Council of the City (the "City Council"), D HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. __ the City (the "Ordinance"), as finally passed at a regular meeting of the City Council held September ,2003, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance w law, and to the extent required by law, due and proper notice of such meeting was given; that quorum of the City Council was present throughout the meeting and a legally sufficient numb of members of the City Council voted in the proper manner for the passage of said Ordinanc that all other requirements and proceedings incident to the proper adoption or passage of sa Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authoriz~ to execute this certificate. DATED September ,2003. City Clerk le ~f ~n ~h ~r e; id P:\NMN\NMN26Z 09/1(/03