The URL can be used to link to this page

Council PKT 09-07-1999 Special/RegularIII. II. III. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 7, 1999 (www. ci.federal-way, wa. us) SPECIAL SESSION - 4:00 PM CALL MEETING TO ORDER YOUTH COMMISSION INTERVIEWS ADJOURNMENT REGULAR MEETING - 7:00 PM CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation/Constitution Week Certificates of Recognition/Police Explorer Awards Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Councd a~ this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE O~ MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negative.{y to other individuals, or are otherwise inappropriate. over please . . . V. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmemberfor separate discussion and subsequent motion.) ao bo g. h. i. j. k. Minutes/August 3, 1999 Special & Regular Meetings & August 13, 1999 Special Meeting Voucher/September 7, 1999 Monthly Financial ReporffJuly 1999 City Manager Employment Agreement Lakehaven Utility District Comprehensive Water System Plan/Resolution Star Lake & Military Rd Finalization So 320~ St/SR 99 Intersection Gateway Improvements Council Bill #227/Sign Code Amendments/Enactment Ordinance Celebration Park Field Usage Policies Celebration Park Final Acceptance Diversity Commission Business Plan VI. CITY COUNCIL BUSINESS mo Youth Commission Replacement Youth Commission Appointments VII. INTRODUCTION ORDINANCE Council Bill #228/Weyerhaeuser Franchise Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING WEYERHAEUSER COMPANY, A WASHINGTON CORPORATION, A NON-EXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING COMMUNICATION CABLES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. VIII. CITY COUNCIL REPORTS IX. CITY MANAGER REPORT Ko ADJOURNMENT ** TIlE COUNCIL MA Y ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** PROCLAMATION "CONSTITUTION WEEK" WHEREAS, September17, 1999, marks the two hundred twelfth ann~ersary of the drafting of the Constitution of the United States of America by the Congitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebr~ions which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do proclaim the week of September 17 through 23, 1999, as "CONSTITUTION WEEK" in the City of Federal Way, Washington, and ask our citizens to reaffirm the Meals the Framers of the Constitutian had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regainetL SIGNED this 7th day of September, 1999. CITY OF FEDERAL WAY Ron Gintz, Mayor Michael Park, Deputy Mayor Mary Gates Jeanne Burbidge Linda Kochmar Jack Dovey Phil Watldns FEDERAL WAY CITY COUNCIL Council Chambers - City Hall August 3, 1999 ,~ECIA.L SESSION - 6:00 p.m. MINUTES CALL MEET[NO TO ORDER Mayor Ointz called the special session of the Federal Way City Council to order at 6:02. p.m., in Council Chambers, City Hall. Councilmembers present: Mayor Ron' Ointz, Deputy Mayor Michael Park, and Councilmembers lean Burbidge, Sack Dovey, Mary Gates, Linda Kochmar, Phil Watldns. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Assistant to City Manager Derek Matheson and City Clerk Chris Green. ADULT ENTERT~ENT' ACTWITY, RETAIL OR USE Mayor Ointz announced the Council is going into an executive session pursuant to RCW 42.30.110(1)0), with no action anticipated. III. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110 (1)(i) The Council returned to chambers at 6:45 p,m., at which time Mayor Ointz announced there is no action necessitated following the first executive session. He then announced a slight depm-mre in this evening's meeting agenda to consider the following regular meeting executive session item at this time: Real Estate/Pursuant ~o RCW 42,~0,110(1)(C) The Council returned to chambers atthe hour of 7:05 p.m., and Mayor Gintz announced there is action to be taken following the second executive session. MEETING DATE: September 7, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of the August 3, 1999 Special and Regular City Council Meetings and the August 13, 1999 Special City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Approve Official Minutes. PACKET:APPROVED FOR INCLUSION IN COUNCIL (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/I~O ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC- 5/14/96 Federal Way City Council Special Session August 3, 1999 - Page 2 MOTION BY COUNCHJMEMBER DOVEY TO DIRECT AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A LEASE AGREEMI2qT WITH INTER CO-OP USA NO. IH FOR THE MUNICIPAL COURT FACILITY TO BE LOCATED AT 34004 NINTH AVENUE CENTER BUILDING, SUITE A-2, FOR AN INITIAL TERM OF APPROXIMAT~LY TWO YEARS TERMINATING ON DECEMBER 15, 2001, WITH TWO ONE-~ EXTENSIONS, IN FORM AND CONTENT ACCEFFABLE TO THE CITY ATTORNEY; SECOND BY COUNCRbIEMBER WATKINS. The motion passed as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes MOTION BY COUNCH.MEMBER DOVEY TO FURTHER DIRECT AND AUTHO1HZE THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO LEASE AGREEMF~NT WITH INTER COOP USA NO. Ill FOR THE CURRENT POLICE FACILITY LOCATED AT ~i008 NINTH AVENUE CENTER, WHICH UPON TERMINATION OF THE INITIAL LEASE TERM ON 12/15/2001, WOULD PROVIDE FOR TWO ONE-~ EXTENSION OPTIONS, IN FORM AND CONTENT ACCEPTABLE TO THE CITY ATTORNEY; SECOND BY coUNCILMEMBER WATKINS. The motion passed as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Gintz adjourned the special session at 7:05 p.m. N. Christine Green, CMC City Clerk FEDERAL WAY CITY CO~/NC~ Coumil ~~- City tIall A~ 3, 1999 - 7:00 .p.m. Boy Scout Troop ~61 lad the flag salute. from ;anuary 1997 ~ December 1998; during thnt period of time five members of the drag intaUigence unit removed in excess of $2.3 million in narcotics from the streets of Federal Way. IV. CITIZEN COMMENT Federal Way City Council Regular Meeting August 3, 1999- Page 2 Emie Londino, discussed the proposed adult entertainment ordinance, suburban growth management, housing and traffic. Michael Hellickson, spoke in opposition to allowing adult entertainment in the city, as he feels Federal Way is for families, schools and churches. Art Warner, on behalf of Federal Way Area Scouts, thanked the Council for their support of Family Fest and the Scout~O-Rama at Steel Lake again this year. D~vid Kronisch, spoke in favor of undergrounding all high tension power lines in the city. Diane Galegos, Assistant Director of Habitat for Humanity of South King County, spoke in support of continual funding allocation for adequate housing and building of new homes within the City of Federal Way. Gary_ Benton, representing Auburn Youth Resources, thanked the Council for their continued support of their organization. Don Davisson, spoke in opposition to both proposed ordinances on adult entertainment code amendments; he feels the city center zone isn't appropriate for adult entertainment, and doesn't feel the zones in the second proposed ordinance are satisfactory; he feels the current sign code is adequate. Joel Marks, spoke in favor of clustering adult entertainment businesses in the southern most region of Federal Way. Barbara Reid, spoke in favor of Council reconsidering and tabling the proposed adult entertainment ordinance at this time; she doesn't feel there are currently any problems with the existing businesses. CONSENT AGENDA g. h. i. j. Minutf..s/luly 20. 1999 Re_~mlar Meeting Voucher/August 3. 1999 MQnlhly Financiitl Report/Month of June 1999 Council Bill g219/Adult Entertainment. Activity_. Retail or Used Enactment Ordinance - APPROVED ORDINANCE NO. 99-347 2000 CDBG Fund Allocation Hylebos Watershed Forum Formation King County_ Proposed Lead on Salmon Recovery_ Fundin~ King County_ Office of Emergency Ea_uipment Grant 1996 COPS More Grant 1998 COPS More Grant cops Unive,~l ~ _Pros~m,~ ~t ' Fund AHocation. The motio~ to ~'~~s (it), t~'), (c), (f),' (g), (1{)~; *), (]), (1), (m), (n) and (o) passed 'as follows: Burbidge yes KocJtmar yes WatI~s yes Do-,'ey~ Ointz. yem Park y~ D~elopmmt ~ ~~ { ttomey Londi Lindell present~ Coun~ Bm'b~¢ thauk~ Mr. Clift~, Ms. Lindell m~l their st~ for l~hing ~md clarifying aH facton~tinvolved in this i~ue. .:. MOTION BY COUN~ BUBBIDGE TO APPRO~ THE ORD~,AN~ SET FORTH IN ATrACHMENT ~2 OF THE COUNCIL PACKET, .WfllOl ~l'.~ BC B~T~E~q ADULT BUSiNi~S, ~COUN~Ett KOCHMAR. The ,-~ lr.~: ' ~ ~k yes Watkins yes Federal Way City Council Regular Meeting August 3, 1999- Page 4 Consent Item (e) - 2000 CDBG Fund Allocation. MOTION BY COUNCH~Mi~MB~ DOVEY TO APPROVE THE 2000 CDBG PROPOS~'T~ USE OF FUNDS AS PRESENTED BY THE HUMAN SERVICES COMMISSION; SECOND BY COUNCR,MEMBER GATES. Councilmember Kochmar read a statement regarding funding for low and moderate income citizens; she feels the monies used to fund the international district should come from the general fund not CDBG dollars. COUNCH.MI~IB~ KOCHMAR MOVED AMENDMENT TO TAKE ~ $74,526 EARMARKI~ FOR THE INTERNATIONAL DISTRICT, AND INSTEAD GRANT THOSE MONIES TO HABITAT FOR HUMANrrl]~ FOR KING COUNTY; SECOND BY COUNCILMEMB~ WATKINS. Councilmembers Burbidge, Gates, Mayor Gintz and Deputy Mayor Park said they all feel the current level of basic needs funding is adequate, so will oppose the proposed amendment. Councilmember Kochmar's amendment to the main motion on CDBG funding failed as follows: Burbidge no Dovey no Gates no Gintz no Kochmar yes Park no Watldns yes Mayor Ointz called for a roll call vote on the amendment to the main motion. The main motion to approve Consent Agenda Item (e) passed as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar no Park yes Watldns yes Mayor Ointz called for a roll call vote on the main motion. Consent Item (k) - 1999 COPS Universal Hiring Prom Grant. MOTION BY COUNCH.MEMBER. WATKINS TO ACCEPT THE 1999 COPS UNIVERSAL raRING PROGRAM GRANT FOR $600,000 TO BE AWARDEI~ TO THE DEPARTMENT OF PUBLIC SAFETY TO FUND EIGHT NEW, ADDITIONAL FULL- TIME oFFICERS OVER A THREE-YEAR PERIOD; SECOND BY COUNCH~MEMBER DOVEY. F~ra/Wa~ C/O Coum// August 3, 1999 - Page Cxamdlmmabor Watkim aslmd staff for clarification on NTE funding and requested a written relx~ on the number of sworn offim~ ~ FFE status; Public Safety Director Ron.Wood e~thined the gl~t'~ ~ been ~ for and approved for eight posifi .oas'~ ~ issue now Couno/lmember Dovey spoi~ to tl~ anmndmmt expressing his concern the city might lose monies · for a federal grant if a limitation is placed ~ tho mumbe~ of'offiom~!~l~lng/~ X~: fee, Is the city should apply for an e/ght positions at ~is time, as we can always consider reduc/ng the numbcr of offxce~at &Ja~dam.~ ~ Mnnag~ Services Director Iwen Wang explaiued the Council can authorize ~ of the Movn~ FOR & au~rtruT~ ~flzNl~nz~ TO ~ Trig ~ov ~, ~AL nm~.~ ~ ~ ~0,000 ro rt~ ~ ~xc. nr ~vmos~ NEW OFFICEiI~OVllat A TliB~~PER/OD, WI~ The substitute amendment to the main motion failed as follows: Bm'bidge Kochnmr Watiri~s ym Dovey no yos .~ C, intz' ye~ ' vi: CITY C~'BU~Dq'F~S Federal Way City Council Regular Meeting August 3, 1999- Page 6 SECOND BY MAYOR GINTZ.' The motion passed as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watldns yes Joel M~ks, on behalf of the steering committee, he read the committee's request letter. VII. INTRODUCTION ORDINANCE Council Bill ~227/Sign Code Amendmcn~ AN ORDINANCB OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY CiTY CODE, RELATING TO SIGNS. MOTION BY COUNCH.~ER WATKINS TO MOVE TO SECOND READING AND TO BE PLACED ON ~ sEFrEMBER 7, 1999 M'EETING AGENDA; SECOND BY COUNCH~MEMBER GATES. The motion passed as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VlIle CITY COUNCIL REPORTS Councilmember Dovey reported the next regular meeting of the Parks/Recreation/Human Services/Public Safety Committee has been canceled due to lack of agenda items. Councilmember Watkins announced the next regular meeting of the Land Use/Transportation Committee will be held on August 5, 1999, at 5:30 p.m. Councilmember Burbidge said she is looking forward to attending the next South County Area Transportation Board meeting and also the Regional Law, Safety and Justice Committee meeting. Councilmember Gates reported the next regular meeting of the Finance/Economic Development/ Regional Affairs Committee is scheduled for September 2, 1999, at 5:30 p.m.; in addition, she will be chairing the Sound Transit Finance Committee meeting on Thursday. She will be attending the celebration of the renovation of Laurelwood Gardens next week. Commencing August 20, she will be attending (at her own expense) the Women's Trade and Study Mission in Central Europe, organized by the Washington State Department of Community Trade and Development. Federal Way City Council Regular Meeting August $, 1999. Pag~ 7 Coundlmember Kocbm=_ r _reminded everyone of the upcoming Fusion event at Dumas Bay, and the Cen~e ~lation of ~ opening Tuesday at the Knmzen Family Theatre; she also mentioned the blueberry farm is now open. Councilmember Burbidge added that ~ will be presmted for ~hree weeks. Deputy Major Park reported he atlended the three day National Invitational Tournament event held on July 23-'2~, with appro~y 2,000 people in attendance. He also reported the City Manag~ Search Committee will meet Thursday at 3:00 p.m., to select three to five finalists and to discuss the finalist process. Councilmember Dovey added the Federal Way Youth Soccer Association will host a boys and girls soccer tournament at Celebration Park the next two ~s, with an expected attendance of Mayor Gintz reminded everyone of the cancellation of the August 17 regular Coundl meeting; he also announced he will be out of town for the next regular meeting and ~sked Deputy Mayor Park to convene over the meeting on Sepfember 7. He further wished all of the City Counc/1 candidates good luck in the upcoming elections. CITY MANAGER REPORT City Mannger Kenneth Nyberg reminded everyone of the upcoming Family Fest celebration scheduled for August 27 and 28; officials from our S'~er City of Hachinohe will be present during the festival. He reported that he has invil~l City Council candidates to meet with him on August 10, at the hour of 5:30 p.m., to review the city's sign code, especially political sign requirements. Xe EXECUTIVE SESSION a. Cnllective Par~,ninin~t/lhn~mnt to RCW 42.30.140(4~(a~ - PULLRD b. ¢. Pending ' '_' t to RCW 42.30.110(D(!) - PUL/2~ Renl Nstnle/Pmmmnt m RCW 42.30. ll0(D(C) - AC'KION TAIO~N AT ~ SPBCIAL 5B$$10N There being no further business to come before the Federal Way City Council, Mayor Ointz adjourned the regular meeting at 8:45 p.m. N. Christine Green, CMC City Clerk DRAFT FEDERAL WAY CITY COUNCIL Special Meeting Council Chambers - City Hall August 13, 1999- 4:00 PM I. CALL MEETING TO ORDER Deputy Mayor Park called the Special Meeting of the Federal Way City CounCil to order'in the Council Chambers at 4~.0~ PM, Council Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar and Watkins. Staff Preaent: Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, Assistant to the City Manager Derek Matheson and Deputy City Clerk Laura Ulanowsld. H. CITY COUNCIL DELIBERATION/POTENTIAL SELECTION OF FINALIST Deputy Mayor Park opened the meeting for discussion/deliberation of the City Manager finalists. Councilmernber Gates stated Council had gone thwugh a rigorous process and stated that background-checks still needed to be conducted. Mayor Gintz reported one finalist, John Fischbach, withdrew as a candidate, leaving candidates David Moseley and A. Ray Griffin. Ail Councilmembers commented on the process followed, and stated all finalists were well qualified for the position but they needed to chose the candidate that would be the best fit for the City. MOTION BY MAYOR GINTZ TO APPOINT DAVID MOSELEY TO THE POSITION OF CITY MANAGER BEGINNING OC'I~BER 1,1999, CONTINGENT U-I~N A BACKGROUND CHECK, FiV. LI) VISIT TO THE CITIES OF ELLENSBURG AND STEILACOOM AND CONTRACT NEGOTIATIONS. COUNCILMI~-MBER BURBIDGE SECOND. Mayor Gintz stated two Councilmembers, Gates and Kochmar will visit the Cities of Ellensburg and Port Steilacoom next week for the background check on Mr. Moseley. City Council Special Meeting August 13, 1999 - Page 2 The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Ill, ADJOURNMENT Deputy Mayor Park adjourned the special meeting of the Federal Way City Council at 4:25 PM. Laura Ulanowski, Deputy City Clerk * A complete interview schedule is attached. PUBIC NOTICE FEDERAL WAY CITY COUNCIL SPECIAL SESSIONS CITY MANAGER CANDIDATES NOTICE iS ~Y GIVEN for the following Federal Way City Council Special Sessions to interview City Manager Candidates: THURSDAY, AUGUST 12, 1999 11:00 a.m. - 9:30 p.m. to include the following Special Sessions in thc noted locations at City Hall, 33530 1'~ Way So, Federal Way, WA: 11:00 a.m.-12:30 p.m. Mt. Baker Conference Room City Council lunch with Candidates 12:30~6:00 p.m. Mt. Baker Conference Room Executive Session/City Council interviews with Candidates Pursuant to RCW 42.30.110(1)(g) 6:00-7:00 p.m. Council Chambers Informal public reception 7:00-8:00 p.m. Council Chambers Moderated public folmm 8:00-9:30 p.m. Mt. Baker Conference Room Executive Session/City Council evaluation Pursuant to RCW 42.30.110(1)(g) FRIDAY, AUGUST 13, 1999 9:00 a.m.-5:00 p.m. to include the following Special Sessions in the noted locations at City Hall, 33530 1s Way So,, Federal Way, WA: over please . . . 9:00-10:00 a.m. Council Chambers 10:00 a.m.-2:00 p.m. Mt. Baker Conference Room 2:00-4:00 p.m. Mt. Baker Conference Room 4:00-5:00 p.m. Council Chambers Moderated employee for~m (open to public/no public comment) Executive Session/City Council interviews with Candidates Pursuant to RCW 42.30.110(1)(g) Executive Session/City Council evaluation Pursuant to RCW 42.30.110(1)(g) City Council deliberation/potential selection of f'malist DATED this 10th day of August, 1999. /s/ N. Christine Green, CMC City Clerk POSTED AT CITY HALL, WEB SITE & GOV'T CH 8/10/99 NEWSPAPERS NO~ BY FAX g/10/99 CIRCLVL. ATED TO CODNCIL & STAFF 8110199 PUBNOT35 MEETING DATE: September 7, · CITY OF FEDERAl. WAY City Council AGENDA ITEM SUBJECT: VOUCHF~R CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION ORDINANCE STAFF REI~RT BUSINESS PROCLAMATION HEARING STUDY ~ION FYI OTHER Amount Budgeted: $1,974,730.35 Expenditure ~mt: $1,974,730.3~ Contingency Reqd: ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify umier penalty of perjury that the materials have been furnished, the services rendered, or the labor perfor~ e~ as described herein and that the claims are Just and due obligations against the City ,of~-~W~y'~d tl~-~m aut~ to authenticate and certify to said claims. CITY COUNCIL COMMITTEE RECOMMENDATION: Finance/Economic Development/Regional Affairs Committee to review on September 2, 1999 for recommendation to full Council for approval pursuant to RCW 42.24 CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKET: COUNCIL ACTION: APPROVED DENIED (BELOW TO BE COMPLE, T~,, D BY c~, CLE~, '$,,OFFICE), ,, , , TABLED/DEFERREDfNO ACTION COUNCIL BILL # ORDINANCE # FIRST READING ENACTMENT READ RESOLUTION # II II II II II II II II II II II II II II II II II o o 0 o o 0 > 0 0 o 0 0 0 # # Im ? ,, # II # II # # # # # # # # # II II # I! # # II # N # # # # # # # II N # # # # # II II II # II # II fl II fl Ii m # # II .I II II # I II fl # (:::) # o # 0' II .-4 H O~ Olc~ : II , , .,.~',,,; . . fl n 4,1. # [I t---- u Ii Ii # I! [,.) Ii n # II # QB.~ ~ 0 0 U U ~ o U o :> o O O O O o O ~ ~£~ 7] ~~~ZZZZZZ~Z~ZZZZZZZZZZZZZZZZZ~ ~ ~ 0~-2 L ~UO~OOOOOHHHHHHHH HHHHHHHHHHHHHHHHHHH~ ~o 0 0 0 0 o o o ~o 0 r4 0 0 o~ r~ ,-.4 a:) t.~ ~("4 0 0 ~0 o~ 0 o o 0 r.i o o o 0~ o ,.,4 UO II II II II II II II tl II 11 II II II II II . II II II o o 0 ii II II II Il Ii 11 II II ti II II II II ti II II Il II II II IIi II Ow U ~ ~ OHH ~H)HH 0~ OH~H~ ~ H ~ > ~0 o:> o ~1~ Z H 0 O0 r~o - {J 0 Hal o {~0 o:> o ZH HI~4 ~4H ,O 0 0 0 ~0 ~Z ~0 ~U O~ O~ rom 0>~ o o o o~: ~0 o:> a~ o ~0 0 0 oo o~ o~ ohm O0 OlD ;> ~0 o~ ~ 0 o:> o~ o 00 "h II II II I # N # Ii # # # I! # JI # II II ti Ii # II it # II # II II II # Ii # II # II II II II # o II ~ 0 II ~ ~1 II II ':: ~ O% 0% o%O% O% . 0 0 (DO C) C) (O i (~1 o 0 0 0 ~'~ o ~o o o o o o~ ~O ~-0 o~ o ~'0 o 0 E o o 0 (3:) o > 0 rll o ~ ~ o~ ~ 0 o:> o c) 0 u~ H~ o H H~ P'- 0 o:> o -~:~ o:> CD 0 0 0 o,~ ~'-0 o:> o ~0 mi 0 a E-, # II II II mi Ii II II mm Im mm # ~ 0 # # # # # # # # # N # # II # 0 o o O, o o ~0 0 r~ 0 0 0 0 ~ ~ 000 O0 ~0~ O0 0 ~ ~ 0 0 o~ ~ ~ O0 ~ ~ O0 ~~ O0 0 ~ ~ 0 ~ O~ ~ O4 (~IC) D 0 O~-t O0 ,-104 O0 O0 ~o ~o ~o ~o ~0 ~o HO ~1~ H :~ 0 0 o D 0 0 0 D 0 ,0 0 D 0 oJ~ o.c~ ~z~ o~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o~ o~ o~ o~ o~ o~ o~ o~ ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 o> o~ o~ o> o~ o~ o~ o> II II II II II II II II II II Il II 0 I! II II r') .~, o o i ~ , H,O 0 o000o000 O0 0 o o o oo 0 00o oo o o ~ ~., ~ ~ ~ ~ o .. ~ ..... o .......... II II ~ ~ ~ ~ ~ 0 ~ II II · .. , 0 0 ~0 ~0 O0 ~0 ~0 II II II II 0 ~ ~ ~ ~ ~ 0 0 ~ ~ ~ ~ ~ ~ II ~ 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ # ~ o o o o o o o o 0 0 0 o o ~ # ~ ~ o 0 o 0 o 0 0 0 o o o o o o II · . . m .. ~ .. ~ .. ~ .. m .. ~ .. m .. ~ .. ~ .. ~ .. ~ .. ~ .. ~ .. ~ .. ~ .. . o~ o~o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ ~ II '% 0 oo · -'q 0 rio {J OO MO O0 ~00 {"-LO O0 O0 0 o o:> o :JO *-4 0 U II II II II U II # II II # # # # # # # # # 0 II II II II II II II II II # # # I! I! II # ff # I! # # # # II # # II # # # I! # # I! # II # # # II # # # M) 0 0 ,-I (1% U 0 ~'~ 0 0 e4 0 0 0 ~ 0 0 oooo 0000000000000000 ~ ............... I11 ~ ~ H 0 Z~ ~ H ~ ~ ~ Ill 0 0 0 0 H ~ ~ ~ H ~ ~ ~ H H H ~ m '° Ill ~ ~ ~ ~ ~ ~ H ~ ~ ~ ~ ,. o o~ ~m~ o o ~ m o o o ~ o~ ~ ~ ~ :Il ~ll -~ ~ OO ~ ~ O ~ ~ 0 ~ ~ ~ ~ O ~ Iii 0 ~ OO m~ ~ ~ O~ ~ ~ ~ ~ ~ ~ '~ ~ ~ :. ~ ~ oo oooo o o m~ ~ ~ o m ~ mm~ ~ ~ h ill ~ 0 O0 HHHH 0 0 bN ~ N ~ ~ ,- 0~ H -, U iii H ~ ~ 0000 0 0 ~ 0 ~ ~ 0 ~ ~ ~ ~ .ii > 0 m ~ ~ ~ 0 ~ ~ 0 Iii ~ .. ~ .... ~ ~ .. ~ .. ~ .- H .- H .. H .- ~ .. tlI 0 0 ~ 0 ~ 0 ~ 0 0 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 0 0 Ill ~ ~ 0 ~ H 0 ~ ~ ~ H ~ ~ H · . I1~ ~ .- ~ .. ~ .. ~ -- ~ .. ~ .. ~ .. ~ .. ~ -. ~ -. ~ -- ~ .. ~ -. ~ -. ~ -- · - :u o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ Ill ~ ~0 ~0 FO ~0 ~0 ~0 ~0 ~0 ~0 ~0 FO ~0 ~0 ~0 ~0 ~ III ~ O~ O~ o~ O~ O~ O~ O~ O~ O~ o~ O~ ~ ~ O~ ~ Ill '0 0 ~ 0 0 ~- 0 O~ 0 {~ c0 ~0 o 0 o o o 0 0 ~ II :~: II ,15 .o ,--I II ,, II ~:~ II II ~ 0 , II ~ . 0 H , II II II II II II II II II II II II II II II II II II 0 II II o~ II ~J m II ~ ,-I II ,--I x. II ~ o Il ~ ~ II 0 rJ ~ II Ir" Ii 0 o II o~o t/}o o.-~ o00 0 ~ 0 0 ¢1 o o. ~0 o:> II II II II II II II # II II II II II II 1! II N # mi II mi Il # Il mt .-,-- II. cT. II Ii II (.) ~ II --4 II O'- Il II II II II Il H II II II II II II u N II N II II Il Il II II II II II II 0.- II 0 # ff I;'* II L'C'*' II 0 ff C~ It ,,~ O3 II # ,.~ ~,~.o o ,, o o o U U U II n Ii I1 II II II II # # II II # II 11 II II I! II II ~-~ ~ II rj ~ II ~ II II 0 rj II II II II II II II II I1 II II I1 II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II I! II II II II II II II II II 0 0 o 0 H E-I H 0 ~ ZZ ~ O0 0 o Z QQ o -- 0 0 O0 O0 ~ O0 ~ ~ O0 ~ 0 O0 o o o~ ~; O0 ~0 0 kO ~'~ ,-I 0 r~ 04 0 0 O~ 0 0 0 ~o H ~ m A.) B . ~ 0 o 0 0 0 0 0 0 0 0 0 0 {JO H II II II ti II II II II II II II II II II II II II II II II II It II II II II II II II II II II 0~ co C~ 0 0 H O~ 0 O~, O~ ~m Z O 03 O O 030 > ~3 r~ H n. .~.~ [ilo o~:~ o> O O~ 0 0 0 O~ t~O H 0~ 0 0 O~ ~'0 O%> C~ co HHH 0303O3 OOO OOO O,-~O OOO OOO ~OO~ OOO OOO O O O ~3 O~) ~... o~ ~o ~'-O o> o 0 0 (3, o o o o o o o o o o o o o o o o o o o o o o o o o ~ .. ~., m .* ~ .. ~ -- m -. m .. m .* ~ ,. ~ .. m .. ~ .. ~ ,. ~ .. m .. ~ .. ~o mO ~o mO ~o ~o ~o ~o ~o m~ mO mo ~o ~o mo ~o o> g~ g o> o> gg o> g~ >o uO -~l ~ o O0 ~;~- 0 i--~ i-~ 0 0 0 0 ~ 0 t~ o ~ ~ o Z o30 0 -0 ~ 0 D~ 0 i 0 ~' 0 ~rj r. o0 ~(J -..rJ ,..l rJ ~¢J ~ ~ 0 ~ o o ~ ~ ~ -- H -. ~ ....~ ~" ~"- Z" =o {',1 I~ O~ ~ {'~ U~ 0 ~ ~1~ ,~ ~ ~ ~1~ 0 0 0 0 0 0 0 O, 0 0 0 0 0 0 o~ o4~ o~ o.~ o~ o~ mo mo mo ~o mo mu mo r'- 0 c-- 0 r-- 0 {'- 0 r- 0 r-- 0 t-- 0 o:> o:> o:> o:> o:> o:> o:> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o~ o~ o~ o~ o~ o~ o~ o~ ~o ~o ~o ~o ~0 ~0 ~o ~o ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 o~ o~ o~ o~ o~ o> o> o> m 0 m ~-, # Nm # # # # # # # mm mm N # I~ 0 fl # mm # # # # mm m 0 # mm m ~:~ o ~0 o ,~) u'l o ,-I o rq 0 o t~ 0 O~ 1~ l'N ~&) ,~ ~ ~) 0% 0 t'~ t' m m o 0 0 0 ,-4 ,-~ 0% 0% 0% o o 0 o o 0 o # ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ fl ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 # ' · . u , o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ !o~ o~ o~ o~ o~ o~ , ..~ ~o ~0 ~o ~ ~ .o ~ ~o .o ~0 ~ .0 ~ ~ 0 0 [-~ ,~ a3 U U ii II II .IJ o ¢'q 0 t/I 0 0 0 0 kO L13 ~ 0 0 0 r~ 12o O0 ~ ~ 0 ~ 0 0 0 0 ~ ~ ~ 0 0 0 II II II II 0 .U or.. U 0 ,--I ~ L~l ~3 ~ I~ M:) ~" {3;) ~ ~ 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 0 0 C~ t~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I ! I {~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ {~ {~ ~ ~ ~ {~ {~ {~ {~ (~ ~ {~ L~ CO '0% CZ r-I H II II II II II II II II II II I1 II II I1 II Oo 0 U U ~- 0 0 0 ~o0 F" 0 0 0 H u t~0 ~,~ 0 0 0 o o~, 0 o H 0 03 o H ~0 OO o~ o 0 0~ 0 0 H 0 H~ O~ O~ NH HH I--IH 0 1.4 U 0 o o o o oo~oo~ ~oo~ o~ o~ 0 o 0 0 II II II II II ~p u3 o ~-3 ~'- o O~ o o 0 0 '0 o ffi o ~ o ~> o o ~:~ ~0 o:> H 030303030303 000000 ~000~ 000000 o o mo II ~ H II II II II II N # II II II II II " 0 II II II II II II # a3 r./J ~ II f:.l~ .. fz.1 D3 rJ o o~ ~4 o {'- o o ~0 {x) o ¢~1 o c0 # ~ I ~ ~0 ~ ~ O0 ~ 0~ 0 ~ ~ 0 ~ ~~~ 0 O0 O0 000 0 ~0 0 O0 0000000000 ~ II HIO00 000 0 I~ II ~ [:.1 II II r JO # 0 # 0 I! |! II II I! II I! II I! # :> 0 II fl II II II II II II # II II II II II II II I I1 II II Il # 0 q, II ~-~ .t.O~ II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I1 ti II -,-~- Il it 0 II ~:~ II II II II II II U Ea.. > II 'F > ~:~ o:> o~ ~o ~:~ o:> o o 0 o 0 0 ,-~ 0 H O~ ~0 0 0 0 0 0 o o o ~0 0 H H~ r~ 0 0 0 ~0 o:> 0 O0 ~o0 0 ~P o~ 0 ~o o~ o 0 0 0 c0 o z O o 0 0 0 r~ {J ~0 o:> o H coO o~ 0 (33 o o 0 0 ~> o ~o o> 0 ~ o MM~M ~ 0 '- ~ ~ ~O ~0 ~O coOmO mO mO o~> o~> o;> 0 o o o rq 0 m oo o~ rj ~0 0 o o o H O~ 0%0% %-,.. oO O0 oo ~0 O o o o a~ H..~ r.=,l 0 0 o o 0 0 r'-I ~q -~D coO o~ ~0 ~o0 Z 0 o 0 o o o H~ OO 000 o o'~ ~o M o ,-~ 0 0 o:> 0~ M v O~ O~ 0 0 ~0 0 0 u0 o o 0 0 o r~ 0 0 O~ ~ coO o 0 0 0 0 0 o 0 H~ ~m {.,) ~ Il n II I-.4 II II II II II fl II ii II II II # II II II II Il II II II II II I1 I1 il N fl II fl II # H H II "~ fl '~ 0 # II # # :'oo I 0 n E-, ii n II II II # Il ii II Ii n II -,.-i # il n 0 ti # # H II II II II # ii Ii H II II Il # II II II II II II II II II II U 0 0 o~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,I II II II II II II II II II II II II II II II II I1 II II II II II II II II II II II II II I1 II II II II II II II II II II II II II II II II II II II II II II II II II II II II o U ~ o 0 0 0 0 ,-~ o ~ HH~HHH~OH~ ~ ~0 ~Z 00~0000 OO ~ ~O ~ OOHOOOZ~0Z ~ 0 OOH HH HH~HH ~O0 ~0 O0 0000000000 000 000 ,-~ ~-. 0 o ~00 u~ mm m 0 mm # # # # ,, # mm # II # # # # II # # II · # M # # # 0 II I! 11 AJ O~ 0%0% ~'~ 0'% 0% I1 II n u Il II II It n u M U II II II II II II 0 II ~ II oo H E~ tn D.1 0 ~ H ~ r,. ~ 0 tJ r~ ~ ~ o~ II * ,I.J (h II I~1 .I II ~ ~ q 0 .1.,) 'ti -ri II ~ I! 0 0 0 0 0 u~ r- O0 O0 00000 '0 0 O0 0 000 0 ~ 0 ~ C~ H II n II 0 II II II II II II II CD II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~0 ~0 ~0 ~0 ~0 ~0 mO ~0 mO mO ~0 ~0 ~0 ~0 ~0 ~0 o~ o~ o~ o~ 'o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ o~ H Oo ~J 0 II II II II ii II o U H 0 0 H 0 o 0 t~ ~q 0 0 ~o o -~D coO H > o o E-, H>, o~ o M MMMM MMMM H :>:>o OOH 00~ 000 00~ 00~ o 0 o ~.. 0 ~ 00000000 ~ 0 0 o 0 0 0 0 o 0 (J ~ 0 ~ ~ 0 M ~ ~ M ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~O ~o ~O ~O ~O ~O ~O ~o mO ~0 ~0 ~0 ~0 ~0 ~0 ~0 o~ o~ o> o~ o~ o~ o~ o~ H fl u II II # # # # # # # # II o , II II ~m~ {~ # HmO ~0 # ~ e ~ o ~ m ~ ~ ~ ~ ~ ~ m ~ , ~ ~ II n II H ~ ~ ~ ~ ~ ~ 0 ~ 0 mm . ~ ~j ~.. ~.. ~.. )j ~.. ~...; ~.. ~.. ~.. o.. # # # ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ II ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ II · ' II I ~ '. ~ .. ~" ~" ~" ~" ~" ~" ~" ~" ~" ~" ~" ~" ~" ~" o o> o> 0Imo n ~ ' II 0 o I! II {~ (33 ~ ~0 I~ 0 0 0 0 0 ~0 ~0 0 0 ,-t 0 0 ~1 0 0 ',o (~1 ,~P 0 o o~ 03 0'~ o~ ·o'~ o 0 0 0 0 0 0 0 0 0 0 0 o~0 co O COO 030 ~00 ~0 0 a3 0 (mO a)0 00 0 (Z) 0 ~0 0 ~0 0 (~ 0 ~0 0 COO o~> o> o> o> o~> o~> o~> ob, o~> o> o> o~> o~, o~> o~> o~> I m " 0 m m mm # I I I I I I # # 0 I -,~ II ~ll Il 0 0 0 0 o 0 0 0 0 0 0 cD Ou~ o 0 o 0 0 o o o 0 0 0 0 ~D 0 o 0 o o o &JI..~ II --,0 .-I ~1 t'%i O0 0 CD (~ ~ ~'~ ~l 0 0 CD 0 0 Il I II II I n II II II II II II u ii II II II u Il II II II II II II II II II II II n I ~ , # 000 §g gg o ~1~ ~P II {"- Il 0 II .IJ II II ~ ,--.I II ,--~ ~. II ' H II 0 u3 01.13 0 IZ'I ~1~ 0 ("qO L~ ,-I ~.D 0 0 0 0 0 CO 0 0 0 (~ 0 0 0 0 0 0 0 0 0 0 ¢1) 0 0 ~ ~" ~" ~" ~ .. H .- 0 .. 0 ~0 0 0 0 ~0 ~0 ~0 ~0 ATTACHMENT A CITY OF FEDERAL WAY SUMMI~Ry OF SOURCES AND USES OPERATING FUNDS Through July 1994 - 1999 Actuals 1999 Revised Budge~ Actuals Variance " I Through Through Favorable (Unfavorable)i '~"es/U~es 1994 1996 1996 ~ ,997 199~ Annual July July D~, r~ (~) Per~, I%) BeglnnlngFundBalancu $12,18t,738 $tl,403,627 $t0,33t,E4t $t0,396,t88 $1E,128,342 $t7,264,368 $17,264,368 $17,264,368 $ 0.0% Properb/Taxes 2,933,926 3,095,296 3,095,296 3,184,965 3,340,359 8,634,350 3,539,178 3,539,178 (0) 0.0% Sales Tax 4,388,231 4,554,305 4,689,384 4,757,736 4,948,708 8,605,426 4,927,346 5,358,886 431,540 8.8% Hotel/Motel Lodging Tax 65,000 9,942 9,942 0.0% Criminal Justice Sales Tax 599,842 621,418 623,182 717,004 752,018 1,362,747 769,804 819,114 49,310 6.4% Intergovernmental 3,765,231 3,539,169 3,132,657 3,048,145 3,096,275 4,576,430 2,846,682 3,120,538 273,876 9.6% Real Estate Excise Tax 917,202 547,242 776,163 889,909 1,287,594 1,200,000 681,358 1,250,726 569,368 83.6% Gambling Taxes 186,162 215,640 180,391 219,029 176,005 509,600 353,217 850,303 497,086 140.7% Utility Taxes 391,505 1,834,834 2,860,782 4,633,769 2,887,816 3,196,315 308,499 10.7% Fines & Forfeitures 336,790 359,971 355,826 330,010 490,404 714,000 415,989 510,395 94,406 22.7% Building Permits/Feas-CD 329,087 344,478 350,638 489,587 513,108 853,193 506,834 848,589 341,735 67.4% Pass Through Fees-CD - 58,208 58,208 n/a ROVV Permits/Fees-PVV 116,211 87,834 120,922 83,089 130,912 239,573 129,939 131,897 1,958 1.5% Pas~ Through Fees-PW 31,429 31,429 n/a Jcenees 47,040 44,103 41,241 42,459 31,317 123,201 150,769 08,466 (4,303) -4.3% Franchise Fees 274,805 286,589 303,566 348,252 450,320 494,255 368,910 353,299 (15,611) -4.2% Recreation Fees 250,608 229,603 267,493 274,984 299,102 551,343 356,585 ' 399,723 43, t39 12.1% Dumas Bay Centre 61,731 125,468 132,535 204,245 195,912 429,609 230,158 272,427 42,262 18.4% Knutzen Family Theatre '~ I 59,030 -34;434 27,761 -(6,673) -19.4% Interest Earnings 339,576 340,892 290,329 287,587 397,389 1,040,139 462,778 577,432 114,655 24.8% Adman Fee-SWM & Solid Waste 87,724 90,358 94,928 96,827 168,478 98,280 98,280 0.0% SWM Fees 1,621,604 1,577,g07 1,559,732 1,449,426 1,602,663 3,120,302 1,620,989 1,620,989 0.0% RefL~e Collection Fees 87,094 85,800 83,751 83,6.53 85,447 148,524 86,639 68,840 201 0.2% Police Services 103,504 84,982 138, 432 80,706 198, 842 118,136 146.4% Other 404,378 i 389,257 502,020 472,953 932,304 139,765; 63,925 53,925 0.0% Fetal O~eratl~l Revenuee 18,Ug,Et$ 16,E32,794 t 6,986,9~/ 18,.916,289 21,762,429 36,801',166 20,672,264 2-~,621,494 2,949,220 14.3% 3perating Expeedituree City Council 116,584 135,210 113,585 148,199 126,461 219,941 160,072 138,355 21,717 13.6% ~:ity Manager 233,874 240,683 260,850 328,942 341,543 587,110 341~305 328,810 12~695 3.7% ~tjni~ipel court-Start up - I 300,000 15,787 16,787 0.0% "~agement Servi~as 646,927 746,645 865,721 813,201 911,926 1,953,959 985,974 949,581 35,393 3,7% ,ti Legal Sewicas 193,940 254,869 297,819 300,969 273,950 542,355 312,996 338,687 (25,692) -8.2% .;dminal Legal Services 334,001 341,749 383,632 362,213 538,094 1,210,809 681,046 592,172 68,873 10,4% ~omm. Developement Services 2,080,209 2,233,702 1,568,220 1,502,794 1,547,790 3,048,376 1,812,173 1,6OO, 245 211,928 11,7% ;~olice Services 4,798,3,33 4,732,937 5,078,324 5,570,583 6,331,388 12,049,356 6,959,572 6,777,282 182,290 2.6% Jail Services 410,307 307,262 383,280 447,917 503,140 875,000 526,628 662,409 (135,781) *25.8% =arks & Recreation 1,895,881 1,812,174 1,828,138 1,509,958 1,595,213 3,065,364 1,787,092 1,671,563 115,529 6.5% =ubtiG VVorks 1,485,124 1,610,098 1,395,646 1,543,253 1,736,612 3,444,273 1,854,021 1,604,195 249,827 13,5% ;ity Overlay Program 4,967 871 363,813 1,013,326 40,590 2,018,311 433,495 433,495 0.0% Snow & Ice Removal (1) 5,789 3,067 39,122 50,884 29,568 55,076 38,695 3,117 35,578 91.9% Solid VVaste 70,652 90,058 169,336 319,146 171,050 299,727 169,430 132,250 37,180 21,9% Hotel/Motel Lodging Tax 65,000 -= n/e SurfaceVVater Management 600,520 782,012 855,483 860,515 758,116 1,749,884 992,537 I 897,590 94,947 . 9.6~ )ebt Service 483,171 512,373 549,943 ~ 719~379 1,040,824 5,293,482 ~ 2,267,2441 2,267,244 0.0~ Dumas Bay Centre 112,693 168,308 187,257 239,478 221,763 467,436; 256,956 I 272,284 (15,328) -6,0~ Knutzen Family Theatre - 159,030 ! 92,768 i 57,782 34,986 37.7~.~ TMai Operatinl~ Expeedll. res i 2,679,778 Oper~lng RevenUes o~M/(under) O~;4r~, ~ng Expenditures , 3,~86,646 ,, , 2,647,018 3,186,S32 6,694,400 904,473 4,778,836 3,874,362! 428.4~,~ Other Financing ~ources - 2,347,060 7,126,598 2,250,976 Dtfler Financing Uae,. 2,971,191 I 851,378 2,064,512 663,378 6,169,491 10,901,698 6,226,094 i 6,226,094, ' i 0'0~/ ;,, Ending Fund Balance Solid VVaste 111,484 168,505 213,050 295,991 294,316 285,378 273,047 n/a nh Snow & Ice 191,274 103,239 73,358 103,530 150,000 100,176 n/a n/~ Arterial Street 1,563,848 971,893 362,100 470,902 477,375 1,411,641 n/a nh Utility Tax 2,120,030 2,177,359 3,435,323 n/a n/~ SVVM 2,016,324 1,702,890 1,077,666 1,566,522 2,276,459 1,321,384 793,111 n/a n/; Path & Trails 29,109, 39,284 50,210 6,153 12,555 21,598 - 17,548 n/a n/~ Strategic Reserve 2,150,560 2,104,645 2,050,477 2,022,389 2,025,496 2,000,000 2,005,408 n/a n/~ Debt Service i 1,657,809 1,936,991 1,618,909 2,986,805 5,283,482 4,447,344 ! ' i 4,537,722 n/a n/~ 'Ctumas Bay Centre . 562,661 157,897 ! 115,131 83,742 I 13,286 (0)! ~ 103,435 n/a n/~ '}lice i 'i 1,031,439 i - t 1.082,207 ', 786,441 669,334 ~ - ! 748,150 n/a I n/a ' 3 I ' 300,000 300,000 300,000 i 300,000 n/a n/a ' Interfund Loans n/a I 50,000 10,000 . 10,000 10,000 r 10,000 [ 10,000 n/a Unresewed I 4,244,298 4,797,209 5,223,265 4,019,273 3,532,267 379,803 4,322,423 n/a n/a ?eMI Erll ,n~ Furl lalance, , I $12~0~3 i $13~132~627, $10~814~947 $!2f9181342; $17~2~2~7 i $11i712f200 $ t4t183~792 $181M~f0e~ ~8/'4~62 27.3% Note 1: These expenditures occur pdmerily during the winter months. 8/25~9910:51AM MEETING DATE: September 7, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: July Financial Report cATEGOhY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION · STAFF ,REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: .... Expenditu~,~t: Contingency Reqd: ATTACHMENTS: July Financial Report SUMMARY/BACKGROUND: Month of July 1999 CITY COUNCIL COMMITTEE RECOMMENDATION: To be reviewed and approved by the Finance Committee during their meeting on September 2, 1999. CITY MANAGER RECOMMENDATION: t~-f''~'-'' ~'" '~'' ";" ? f''~ '": ........ ................................................................................................. IY~.:~.~Z~.?~,2;; .............. APPRO~D FOR INCLUSION IN COUNCIL PACKET: :~'~ _(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)_ COUNCIL ACTION: , APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # OITY eF ~__~ "A City for All of Us" 1999 Projected Revenues & Expenditures 40.00 35.00 30.00 25.00 20.00 15.00 10.00 5.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Overview 1 Significant Events 1-2 General Government Revenues 2-3 Expenditures 4-5 Investments 6-7 Supplemental Schedules 8-14 Attachment A 15 Revenues --e-- Expenditures July 1999 Monthly Financial Report OVERVIEW The Monthly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through July for the years 1994 through 1999. SIGNIFICANT EVENTS Municipal Court Startup The Court Administrator has been hired, and we are in final negotiations of the lease for the Municipal Court's location next to the Public Safety department in Building A. Tenant Improvements will be made in the next few months, with an anticipated occupancy date of November Ist. The City is in the final stages of hiring a Municipal Court Judge, with only three candidates remaining. A decision will be made in the next two weeks, and will be confirmed at the September 21st Council meeting. The City is currently working with the State to set up DISCIS, the District and Municipal Court Information System. We are also working in partnership with King County on video arraignment between the Regional Justice Center and our Municipal Court building. Dispatch Services As of August 4th, the City is now an official member of Valley Communications, joining the cities of Tukwila, Kent, Auburn and Renton. The board has approved a new 15 million dollar dispatch facility, of which the City will be responsible for 3 million. The board has already approved their 2000 budget, and is currently working on a new interlocal agreement. Family Fest The City will be celebrating Family Fest again this year at Steel Lake Park, August 27th - 29th. The City will staff one "city booth" at the event, with volunteers from each department. Friday's activities will begin at 3 pm, and will be geared more for teen-agerg, Saturday will start things off with c~ ~! Feder~ w.a.v July 1999 Montkl~ Fi~anci~! Report parade at 10 am, and booths and entertainment will begin at 11 am. Revised Travel Reimbursement Procedure Beginning August 1, 1999 the per diem rate for meal reimbursement has been increased from $30 to $34 per day. This new rate is consistent with tho most recent IRS publication, which recommends a fiat $34 per dimn rate be used for any cities in the continental U.S. GENERAL GOVERNMENTAL REVENUES General governmental revenue collections through July total $23,521,484, which ia $2,949,220 or 14.3% above the year-to-date budget ($20,572,264). When compared to 1998, revenues have increased by $1,759,055 or 8.1%. Of this amount, $877,867 is related to Utility taxes and REET that are reserved for the payment of debt service. Attachment A provides a comparison of year-to-date revenues by major sources for 1999 with comparative figures for the past 5 years. Pm~od Endng July 3'1, t~ ;:¥op.~/Tax 6,634,350 3,S39,178 5a.3% 3,539,178 0.0% 27,155 Stole. Tax 8.805,426 5,358,558 62.3% 4,927,349 431,540 8.8~ '727,701 HoIM/MM~L~M~Tm · --.,..:. 35,000 .... 9;,~42 15:3% 9,942 o- na ..... 5,401 ',rkl'k'mlJuatlceSalesTax 1,362,747 819,114 60.1% 769,804 49,310 6.4% 113,107 Gan~ingTax 509,600 850,303 166.9~ 353,217 497,086 140,7% 139,739 I.~Tm 4,633,7~9 3,196,31S 6~.0% 2,887,816 308,499 10.7% 3{~,992 Reel Eatmle E. xciee T.~ 1,200,000 1,250,726 104.2% 681,358 569,368 83.6% 278,955 Franchise Fees 494,255 353,299 71.$% 368,910 (15,611) ..4.2~ 116,310 Licenses & Permits 123,201 98,466 78.3% 100,769 (4,303) -4.3~{ 12,402 Intergoven',mentat 4,576,430 3,120,538 98.2% 2,846,662 273,876 9.6% 677,091 CD 8ulldl~lg Peml/~ & F~ 353,1~3 94~,589 99.5% 506,834 341,735 67,4% 115,236 ~D P~ Thru Fee~ 58.208 na 58,206 ns 22,941 I:'W Permit~ & Fees 239,573 131,897 55.1% 129,939 1,958 1.5~ 10,643 PW Pm~ Thru Fee. 31,429 ns 31,429 ns SWM Fee~ 3,120,302 1,62Q,~9 51.9% 1,620,989 0.0~ 57,983 Refuee Fees 148,524 98,940 58.5% 86,639 201 0.2~ 24,399 Adrnin Fees 168,478 98,280 58.3% 98,280 0.0% 14,040 FkleS & Forfeits 714,000 510,395 71.5°,( 415,989 94,408 22.7% 66,411 Recreetion Fees 551,343 399,723 72.5~ 356,584 43,139 12.1% 60,623 Knutzen Themb~ Operations 58,035 27,761 47.0~4 34,434 (6,673) -19.4% 976 Dumm$ Bay Centre Oflm'~ k~ns 429,609 272,427 63.4~{ 230, t66 42,261 18.4% 37,781 Public Safety 138,432 198,842 143.6~A 80,708 118,136 146.4% 21,475 IntereM Emmin~ 1,040,135 577,432 35.5~( 492,778 1t4,554 24.8% 56,515 MIm:etlmteou~ ~ 139,765 63,925 45.7°~ 63,925 0.0~ 8,441 SubtotM Cl~rmtions 35,807,166 23,521,494 55.7~ 20,572,264 2,949,220 14.3% 2,989,197 Interfund Tmn.fer~ 6,003,289 0.0%: na o,~Fmnc~so.rc~ ~,123,~07 2,2s0,97. 200.4% 2,2~0,976 n. 102,353 To.,;~v..... 42,9~,~62 2S,m.,~o ~0.0~ 22,82~,=40 =,,949,220 12,,~ 3,081,~,~ · Show~ .ctuals as % of yem--to-date bu~at. For ,ex, ample, 50% means actual revenues were ~ of what w~ ~clge~ed for that period. , City of Federal Way JulF 1999 MonthiF Financial Report COMPARISON OF 1999 OPERATING REVENUES - BUDGET TO ACTUAL $40,000,000 .. $35,0O0,0OO : $30,000,0~0 . $25,O0O,OOO ? $20,000,000 'i $15,000,000 $10,000,000 $5,0o0,000 ). $- Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Property tax Property tax revenues collected through July total $3,539,178, which is an increase of $198,819 over 1998. Actual taxes received in the current month total $27,155. Sales Tax Sales tax received through July of $5,358,886 is $431,540 or 8.8% above the year-to-date budget. Compared to 1998 year-to-date, sales tax increased $410,178 or 8.3%. Sales tax received in the month of July totals $727,701 that is $71,411 or 10.9% above the adopted budget estimate. Compared to July 1998, sales tax increased $82,225 or 12.7%. Retail sales continue to remain the largest source, accounting for 64.9% of all sales tax collections. Year-to-date retail sales tax collections are up $281,810 or 8.8% over 1998, attributable to an overall increase in retail activity. Year-to-date construction and contracting activity, which accounts for 9.1% of sales tax collections, is up $156,703 or 47.3% compared to 1998 activity. This increase is further reflected in the City's building permit trends. Manufacturing activity through the end of July has generated $194,715 in revenues. This is down $68,661 when compared to 1998. This is due to a major manufacturing company reporting sales tax on a quarterly basis for part of 1998 versus monthly in 1999. They are also in the process of moving out of the area, so their sales tax remittance has been decreasing each month. Through July of last year we had collected $183,850 of sales tax revenue from this one major manufacturing company. At the same time this year we have only collected $90,227, less than half. Transp/Comm/Utility sales taxes collected total $217,211, which is an increase over 1998 of $19,184 or 9.7%. This is due to an overall increase in cellular communication activity, which is also reflected in the increase in cellular utility tax revenues. The City's largest retail center, South 348th retail center, which generates over 16% of the City's sales tax has experienced a growth of $89,042 or 11.1% compared to 1998, due to increased activity for all retail establishments in the center. The SeaTac Mall continues to show a slight decline in taxable retail sales activity through the month of July. Real Estate Excise Tar For the year-to-date comparison, real estate excise tax continues to exceed prior year's collections. Through July, revenues total $1,250,726, which is $569,368 above budgetary estimates ($681,358). For the current month, we received $153,001 or 121.5% more than the monthly estimate' ($125,954). This increase is due to sales of residential apartments, commercial and retail space and the increase volume of single residences. Utility Tax Utility tax received through July total $3,196,315, which is $308,499 or 10.7% above the monthly budv~' estimate. Compared to 1998, uti tax receipts have increased $335,533 or' 11.7%. Cellular taxes exceed the budgetary estimates by $123,675 or 56.7%, which is consistent with prior months in 1999. This is due to an increase in the number of cellular communication companies in our area, as well as an overall increase in cellular activity. Gambling Tax Gambling tax collections are up $497,086 or 140.7% over the budgetary estimate ($353,217). The increase is $674,298 when compared to 1998 largely due to increased activity at one major card room establishment and the increase in card room rates from 11% in 1998 to 20% in 1999. State Shared Revenue State shared revenues are exceeding budgetary estimates by $323,188 or 8.9%. Included in intergovernmental revenue is criminal justice sales tax of $819,114, which is also excee( budget by $49,310 or 6.4%. Crimt Federal 999 MonOdy FlnanclaI Report justice-high crime has collected $173,087 through July. This revenue is based on the Cities 1997 crime rate and determines distribution amotmts for July and October 1998 and January and April 1999. We are not budgeted to receive any high crime revenue in 1999, based on the 1998 crime rate statistics. We received the second and final distribution from the state of $5,598 to assist with the additional costs of implementing and enforcing the new DUI legislation. Total assistance came to $16,506. Fines & Forfeitures Year-to-date Fines and forfeitures are exceeding budgetary projections by $94,406 or 22.7%. Revenues are total $108,240. Through July, deposits of $55,227 have been transferred to expedited review and inspection fee revenue, ~.l~ a :bal~ce of $53,013. Enwr~~~ deposits collected from~aPPlicantS total $30,516. Through July, deposits totaling $8,777 have been transferred to revenue, leaving a remaining balance of $21,739. ROW Permits and Fees Overall Public Works permits and fees collected through July total $131,897, which is $1,958 or 1.5% over the adopted budget. This does not include. pass through revenues of $31,429 transferred from the deposit account for expedited review. Public works deposits made by applicants for exceeding budget by $5,112.:.for..the expe~dited, mvi~w total:$89,906:.thramgh month of July. July, deposits totaling $31,429 have Building Permits & Plan Chec~ Fees Building permit revenues were up $341,735 or 67.4% when compared to year-to-date budget ($506,834), continuing the trend since the City's inception. This does not include pass through revenues of $58,208 transferred from the deposit account for expedited and environmental review. Significant among the commercial permit activity is Jo-Ann Inc. Plan check fees collected for the month of July total $28,851, which is above budgetary projections by $9,944 or 52.6%. We continue to see fees from Capitol One, Holiday Inn, Days Inn and Quadrant. Community Development deposits made by applicants requesting both building and planning expedited review been transferred to revenue, leaving a remaining balance of $58,477. Recreation Fees are exceeding budgetary expectations by $43,138 or 12.1%. This is due to softball program revenues collected through July of $90,123, which is well above b3bd_get estimates by $25,123 or 38.7%. ~tiso during the month of July revenues collected for the Red, White and Blues Festival totaled $8,373. This does not include donations received prior to the Festival of $4,500. Police Services Revenue collected through July total $198,842. This amount includes Traffic School revenues of $36,350, EXplorer program donations of $1,874, and Police Security services of $89,975. Also included is $56,721 of state seizure revenues, which are designated for that specific program. The remaining balance of $13,922 is made up of miscellaneous revenues such as weapons permits, copies and fingerprinting. $43,136 in grant revenues were received for the first quarter, but are included in other financing sources. Traffic School, Explorer program and state seizure revenue is not currently included in the budget, but are usually added in the year-end budget adjustment. Other Financing Sources of $2,250,976 consist mainly of interfund operating transfers in the amount of $2,114,9~51 ..... Also: ittoluded, are grant. revenues for Public Safety of $43,136 and Solid Waste of $16,569. The remaining balance of $76,320 includes a $75,000 contribution to the City's overlay project from the City of Tacoma, and $1,320 of contributions to the many Human Services programs. GENERAL GOVERNMENTAL EXPEl~rrtraEs General governmental expenditures through July total $18,742,648 or 50.1% of the annual operating budget ($37,404,400). Operating expenditures are below the year-to-date budget ($19,667,791) by $925,142 or 4.7%. When compared to 1998, expenditures are up $2,533,013 or 15.6%. COMPARISON OF 199~ OPERATING EXPENDITURES - BUDGET TO ACTUAL Jan Feb Mar Ar)r May Jun Juln ;)~fl~Aug Sep Oct Nov Dec Isr" City of Federal Way July 1999 Monthly Financial Report EXPENDITURE SUMMARY BY DEPARTMENT Period Ending July 31, 1999 Y'rD Actuale YTD Actuals Adopted Year.to. Date % YTD (OveryUncler . Aa % of Current ' .Budl~let . Actual~ Exl3er~l~¢l Bud~let YI'D Bud~let ~ Budl)et'. Month Act~. b C ~ty Council 219,841 138.355 62 9% 160,072 21.717 13 6% 11,508 City Manager 587,110 328,610 56.0% 341,305 12,695 3.7% 36,157 Municipal Court 300,000 15,787 na 15,787 na 2,993 Management Services 1,953,969 949,581 48.6% 985,974 36,393 3.7% 111,369 Civil Legal Services 542,356 338,687 62.4% 312,996 (25,691) -8.2°A 38,506 Criminal Legal Services 1,210,809 592,172 48.9% 661,046 68,874 10.4% 112,064 Community Development 3,048,376 1,600,245 52.5% 1,812,173 211,928 11.7% 260,679 Public Safety 12,049,356 6,777,282 56.2% 6,959,572 182,290 2.6% 924,304 Jail Services 875,000 662,409 75.7% 526,628 (135,781) -25.8% 146,544 Parks & Recreation 3,065,364 1,671,563 54.5% 1,787,092 115,529 6.5% 293,990 Dumas Bay Centre Operations 467,436 272,284 58.3% 256,956 (15,328) -6.0% 42,407 Knutzen Theatre Operations 159,030 57,782 36.3% 92,768 34,986 37.7% 9,892 Public Works Operations 3,444,273 1,604,195 46.6% 1,854,021 249,826 13.5% 217,998 PW Asphalt Overlay Program 2,018,311 433,495 21 ~5% 433,495 0.0% 398,750 Solid Waste & Recycling 299,727 132,250 44.1% 169,430 37,180 21.9% 14,161 Snow & Ice Removal 55,076 3,117 5.7% 38,695 35,578 91.9% (3,312 Hotel/Motel Lodging Tax 65,000 0.0% na Surface Water Management 1,749,884 897,590 51.3% 992,537 94,947 9.6% 125,787 Debt Service 5,293,482 2,267,244 42.8% 2,267,244 0.0% 2,883 Subtotal Operations 37,404,400 18,742,648 50.1% 19,667,791 925,143 4.7% 2,746,678 Interfund Transfers 8,421,571 0.0%I naI Other Financing Uses 2,480,127 6,226,094 251.0% 6,226,094 nal 73,697 Total Expenditures 48,306,098 24,968,742 51.7% 25,893,885 925,143 3.6% 2,820,375 Shows actuals as % of year-to-date budget For example, 50% means actual expenditures were half of what was budgted for that period. Civil Legal Services expenditures have exceeded budget estimates by $25,692 or 8.2%, while Criminal Legal Services spending is below the budgetary estimate by $68,873 or 10.4%. Intergovernmental expenditures, which include court costs, are currently only 44.1% expended. The total expended of $220,300 is below the year-to-date budget by $75,061, but does not include court costs for the month of July of $36,998. Community Development Operations has expended $1,600,245 or 52.5% of its annual appropriation ($3,048,376). Through July, they are below their budget by $211,928 or 11.7% of the year-to-date budget ($1,812,173). Other services and charges expended total $350,534, or 52.2% of the total budget $671,938. This total reflects the payment of second quarter Human Services invoices, which are received on July 15th. These invoices are normally received by the City on the 15th of the month following the end of each quarter. Internal service fund charges are only 23.6% expended, due to the delay of the second quarter maintenance and operations charges being posted. Parks Operations expenditures total $1,671,563 which is $115,529 or 6.5% below the year-to-date budget estimate ($1,787,092). This is 54.5% of its annual appropriation. This is due to low expenditures in services and charges ($269,703), which makes up 25% of their operating budget ($3,065,364). Invoices for contracted services incurred during the summer, such as athletics umpires and camps, will not be received and processed until the summer is over. Also, services and charges, which include utilities, will increase in the winter months due to the extended use of field lights in the winter months. Through July, temporary help totals $151,398 or 63.9% of its annual budget ($236,768). This is an expected increase in temporary and seasonal help, which are needed to assist with the maintenance and operation of the parks during the busy summer season. Dumas Bay Centre operating expenditures total $272,284 or 58.3% of the revised budget ($467,436). The Dumas Bay Centre has recovered 100.1% of all operating costs as of the end of July. The Knutzen Family Theatre has operating expenditures through July of $57,782 or 36.3% of the adopted budget ($159,030). The current expenditure saving is $34,986 or 37.''~ of the year-to-date budget ($92,7t This year-to-date budget is a straight- line allocation of the annual budget, due to the fact that we do not have a history with which to base future fluctuations in spending. Operating revenues collected through July total $27,761, which is 47% of the annual budget. This is below the year-to-date budget, which is also a straight-line allocation, by $6,673 or 19.4%. Public Works Operations is below the July budget estimate ($1,854,021) by $249,827 or 13.5%, and has expended $1,604,195 or 46.6% of its annual appropriation ($3,444,273). This is due to the delay of invoices for intergovernmental expenditures, such as King County traffic maintenance and WSDOT state highway maintenance. Through July we have paid out $168,792 or 31.8% of the annual budget ($531,544). Savings can also be found in salaries and benefits, which are only 48.5% expended. The tot~! expended through July is $699,: This saving can be attributed to seve~,h Cit~ o[ FedeMl Way July 1999 MontMy F~ciai Report vacancies within the department that are in the process of being filled. SWM Operations are below projections b) $94,947 or 9.6% of the July estimate of $992,537. Salaries and benefits are currently at $468,520, or 53.1% of the total budget ($881,772). This savings is partially due to two positions recently vacated that are in the process of being filled. Intergovernmental expenditures total $40,268, which are only 37.5% of the total budget ($107,500). This is also due to the delay of invoices from King County for water utility billing, and a portion of the WSDOT charges for state highway maintenance. Police Services have expended July services. Other Financing Uses through July total $6,3~9~ ~.0r.~J~ of the annual majo ty of which is made up of interfund operating transfers totaling $6,168,139. The remaining $57,955 relates to City Manager's Contingency allocated toward the office reconfiguratlon earlier this year. Internal service fund charges are currently at 35.9%. This year-to-date total of $1.27 million includes the collection of replacement reserves for seven months, and maintenance and operational charges for the first three months of the year. Once the second quarter allocation has been charged, the percentage expended should be closer to a straight-line allocation of 58%. Oper~ing Expenditures ~y C~egory The cb. art below shoWs operating expenditures and financing uses throu~ July 31, 1999 by category or object Code. Salaries, which comprises 29.4% of the CASH AND INVESTMENTS The following graph and chart show the average maturity yield for the years 1996 through 1999. The average portfolio maturity and yield as of the $6,777,282 through $180,232 below the budgetary estimate of $6,957,514. This is due in part to the delay of the Valley Communications invoices for July. Salaries & benefits, which are 67% of their total budget (excluding temporary help, overtime & termination pay), totaled $4,958,054. This is 57. I% of the annual budget .~8,681,503). Overtime pay totals $228',789, which is 91.5% of its annual budget ($250,000). Overtime. Police s~'urity totals $44,313 through July, but is offset by revenues collected for the services provided. Jail Service is above July budget estimates ($526,628) by $135,781 or 25.8%. The total expended of $662,409 does not include payments for June and Julys which.-.-is .......... operating4mdge~;.4sat 58~6%.~-. Inetuded ...... end of July is 5;11%~ in this number are temporary help, seasonal help, overtime pay, overtime Police security, termination pay and incentive pay. Other services and charges has only expended 48.8% of its annual budget ($4,473,200), with savings in Parks and Recreation, Solid Waste and Recycling, and Community Development. .(8~ Capital outlays, which includes $1.4 million for the arterial streets overlay project, is at 19.1%. Of the $412,971 of expenditures through July, $392,669 is the first set of invoices for the overlay project. It is anticipated that the overlay project will meet budget projections as the year progresses. The total invested balance at the end of July is $41,214,464, which includes $21,185,869 in the State Investment Pool (SIP). The State Investment Pool is composed of 70% Agency, 3% U.S. Treasury, 16% Commercial Paper, 10% Repurchase Agreements and 1% Certificates of Deposit. The City currently has invested 52% in the State Investment Pool, 19% in Agency securities, 5% in Bankers Acceptances, 7% in Certificates of Deposit and 17% in Treasury Notes. Per policy, the basis used by the City to determine whether market yields are being achieved shall be the range between the average six- month U.S. Treasury Bill (4.92%) and the State Investment Pool (4.85%). Operating ExpendlturealUeee by CategOry Aa of July 31, 3ode Item 100 Personnel Services 200 Benefits 300 Supplies 4.00 Other Services and Charges 500 Intgvtl Srvs/Taxes 552 Interfund Contributions 561 Residual Equity Transfers 600 Capital Outlays 700 Debt Service-Principal 800 Debt Service-Interest 900 Interfund Svc Pmts Total Operating ExpenditurealUaes AdJulted Year-to-data % r Budget Expend Expend 14,210,094 8,328,654 58.6% 3,119.874 1,921,050 61.6% 702,691 421,711 60.0% 4,473,200 2,184,722 48.8% 3,705,564 1,678,040 45.3% 10,384,479 6,254,658 60.2% 703,261 225,526 32.1% 2,167,808 412,971 19.1% 3,371,239 1,286,239 38.2% 1,922,243 981,004 51.0% 3,545,645 1,274,167 35.9,% 48,306,098 24,968,742 51.7~. 6 Ci,tv of Federal WaV JulV 1999 Monthly Financial Report 6.50 6.00 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.5O 1.00 0.50 1996 · 6 Month T-Sill inhouse Investment Investment Interest Rates as of July 31st 1997 1998 1999 · State Investment Pool I'lTotal Portfolio Investment Interest Bankers Acceptance 5% Certificate of Deposit 7% Investments by Category July 31, 1999 Agency 19% Treasury Notes 17% State Investment U.S Treasury Pool Securties 52% 3% State Investment Pool Investments by Type Commercial Paper 16% Repurchase Agreements Certificates of 10% Deposit 1% U.S. Agency Securities 7O% Actual Yield Amounts as of July 315t , iYear 1996 1997 1998 1999 i6 Month T-Bill 5.51 5.28 5.30 4.92 State Investment Pool 5.34 5.51 5,16 4,85 Inhouse Investment 5.83 5.99 5,81 5.35 Total Portfolio Investment Interest 5.62 5.74 5,54 5.11 July 1999 Monthly Fi~mwial Report MAJOR REVENUE SOURCES 644,~6 $ 623,386 $ 638,862 $ 667,888 $ 711,4a2 $ 43,744 8,8~ ;~:g'U~J 883,229 902,478 949,276 941,601 1,013,425 71,824 7.~ March 607,790 640,967 714.640 667,002 717,005 50,003 7.5"A *kOHl 577,022 582,547 575,596 601,682 633,460 31,778 5.31 May 768,M0 660,733 655.396 706.570 783,051 76,481 t0.8~ June 607,104 669,058 769,461 686,513 772,812 86,299 12.6~ July 600,584 ~ ~78,567 645,475 656,290 727,701 71,411 10.9~ ~ 650,423 eg4,702 ee2,263 704.3.2 0.0~ September 734,368 735,617 850,295 788,583 0.0~ cto~r e52,~ 657,100 761.~1 714,778 0~0~ Novem~r eee,?sl 657,585 739,326 714,770 0.0~ S 348~1 R~ Block 669,283 749,765 801,178 890,220 change from previous yr 18.4~ 24.5~ 5.3~ 12.0~ 8.9t~ 11.1~ ne na Pemenlage of total 11.6~ 14.0% 14.3% f5.0% 16.2% 16.6% 0.4% 2.6% SeaTac Mall Retail Trade 841,615 622,243 577,155 674,540 570,931 549,796 (21,135) -3.7% Wholesaling 13,140 12,182 11,570 11,849 13,672 20,784 7,112 52.0% Services .5,783 5,637 13,757 7,936 6,728 6,729 I 0.0% Manufacturing 5,758 5,732 7,100 7,767 8,346 12,605 4,259 51.0% Transp/Comm/Utilities 8 na 6~6,204 ! 845,795i 609,581 I 602,092 ! 599,676 L 589,914i _(9,76~ -1.6% change imm previous yr 15.89~ -3.1% -5.6% o1.29~ -0. 49~ -1.6% na ns ;~ementage of total 15.2~ 14.296 13.0% 12.7~ 12.1% 11.0% -1.1% -9.2% 209,428L 199,0~, [,, 224,751 i 218,439! 21t,078i 230,118; 19,040 ..4.9~ 12916 9.0% % chan~e ~n previous yr ' -2.8% -3.4% 9.0% na na ~emenf~e o~ totll S 312Ih'to $ 316111 'Bloc~ change from previous yr HOMI8 &Motels i 15,495 [ 10,284 [ 16,366 i___.20,015 i. 18,7~L__?_~._60~__~__ change from previous yr 5.9% 24.3% -15.0% 22.3% -6.2% 15.0% _ _ n~ ....... _ha_ City of Federal Way July 1999 Monthly Financial Report COMPARISON OF SALES TAX COLLECTIONS BY SIC CODE GROUP For ~e Monb3 of July Component 1993 1994 1995 1996 1997 1998 1999 Change from 1998 Group Actual Actual Actual Actual Actual Actual Actual $ Change .% Change · ~etail Trade ervices * 47,642 ' .~onstruction/Contract ' 47,251 Nh01esaiing 31,317 r ransp/Comm/Utitity 29,292 Vlanufactudng ' 24,675 3ovemment :in/Ins/Real Estate $ 415,957 S 396,424 $ 391,670 S 401,026 $ 427,711 $ 420.367 $ 487,405 $ 67,038 159% 48,360 ' 55,909 61,079 ' 57,945 ' 63,804 ' 64.986' 1,182 ' 1 9% 5i ,418- 56,72~ ' 28,605 51,386 40,89i ' 69,6i9' 28,729' 703% 30,064 ' 44,815 32,626 ' 39,519 ' 33,849 ' 4~,599 ' 7,~50 22.9% 28,457 ' 18,475 27,280 31,276 24,379 ' 28~663 ' 4,284 ' i716% 27,313 ' 29,269 ' 281103 ' 51,066 ' 32,511 9,034 ' (23,477)' 7,048 ' 7,494 9,403 9,834 7,049 ' 9.787 ' 11,811 ' 2,024 2017% 7,017 * 6,962 ' 5,288 ' 5,303 6.939 ' 9,304 8,456' (848) .9 i% ~ther 5,368 ' 6,828 5,976 ' 6,739 ' 5,676 ' 10,583 ' 6,129 (4,454) -42 1°/~ Total * $ 615,667' $ 603,32O' $ 617,831 - $ 600,694' $ 678,868 ' $ 648,478 ' $ 727,701 ' $ 82,225 Yaxab~ ~ie~ - ~ 7~;~ii,64~ $ 7~;9~i;S~- $ ~2,i$~,721 ' ~ 70;~g~;~2 '~ 7§;83~,505- $ 7~,9~8;266' $ i$,0ii~S$~' $ 9,673;587' 12:7~ COMPARISON OF SALES TAX COLLECTIONS BY SIC CODE GROUP YTD Through July ' Col~ponen~ 1994 1995 1996 1997 1998 1999 Change from 1998 ' Group Actual Actual Actual Actual Actual Actual $ Change %Change Retail Trade $ 2,945,480 $ 2,898,409 $ 3,052,832 $ 3,091,816 $ 3,194,437 $ 3,476,247 $ 281,810 8.8% ;ervices 339.242 390,985 419,030 453,824 462,444 485,283 22,839 49% ;onstruction/Contract 320,969 385,256 256,002 332,846 331,314 488,017 156,703 47 3% Vnolesaling - 253,397 ' 333,755 ' 416,418 252,244 295.384 309,988 14,604 4 9% TransplCommAJtitity ' 217,790 ' 194,849 ' ' 158,538 - 209.467 ' 198,027 - 217,211 19,184 ' 97% Manufactunng 177,956 211,157 ' 237,266 252,861 ' 263,375 194,715 ' (68,661) -261% Government . 43,599 52,603 60,947 61,197 76,689 70,949 (5,740) -7.5% Fin/tnslReal Estate 41,505 40,582 44,541 55,460 62,795 67,341 4,546 72% Other ' 48,293 46,708 ' 43.811 48,023' 64,242 49,134- (15,108) *235% Tot_a! : $ _ 4,38~,231~ '_$__ 4L5,~_,30~ ~$ _4,~89,_3~4 :. $ 4,~7757,?_36' $ 4_,948,7~00 ;_$ $,358,887 * $~ 41__0%17~8_~ . 8.3~ Taxable Sales :$ 516,262,471 $ 635,800,651 $ 551,692,222 $ 859,733,699 $ 582,200,899, $ 630,457,164 $ 48,255,256 8.3% SALES TAX ACTIVITY BY SIC CODE YTD through July 1999 Manufacturing 3.6% Trans/Com/Util Wholesaling 4.1% 5.8% Fin/Ins/Real Government Estate 1.3% '~ 1.3% Other 0.9% Constr/Contract 9.1% Retail Trade 64.9% Services 9.1% 9 C#y of Federal ~ July 1~ Moa~l~ Ftmm¢~/Report $ 945.6~0 $ 9~5,442 $ 722.920 $ 679,644 $ 714,607 $ 714,733 $?i~,195 $ 65,462 9.2gi Campe~ Excite Tax 18.775 13.942 t3,728 13,556 14,004 14,105 14,353 248 1.8~ Liquor Pl'ofl~ Tax 242,475 201,241 210,903 202,197 269,619 226,503 210,950 (15,5,53) -6.9~ Liquor Excite Tax 183,099 172,655 163,778 167,244 172,236 174,662 199,795 25,133 14.4"~ Crim Just Low-Pop/DCD '193,202 257,968 268,220 149,503 95,955 79,640 106,696 27,056 34.0~ Crim Just H~ Crime 227,766 184.917 1~6,846 208,609 227,674 173,087 173,087 m Equalization 620,O12 433,037 278,432 284,207 283,210 283,520 309,669 26,149 9.2~ .ocal Cdm Just 599,842 621,418 623,182 717,004 752,019 769,804 819,115 49,311 6.4~ :ual Tax 980;367 944,349 938,461 985,056 955,189 985,451 934,282 (51,169) -5.2~ /eh Lic Fees 358,845 345,618 339,369 358,129 363,783 368,048 375,006 6,958 1.9~ )UI - Cili# ...... 16,506 16,50~ m · Veh Lic Fees · Fuel Tax QCdminal Justice [:]Equalization IILJcluor ·MVET $2,500,000 $2,000,000 $1,500,000 $1,000,000 $5OO,000 STATE-SHARED REVENUES · . · .... 1~4'19~ 10 City of Federal Way July 1999 Monthly Financial Report M,,.,., , ,q~.. I J.,M *.,,.~ I '~""" i A~.~ i .... ~'~'"'"-[ ...... ~---'.1--i*~--']"~''~ Jam;a~ S 202.3~ S 93.5~ S 95,~ S !46.325 S Mar~ 72,702 63,025 ~,0~ 101,~8 82,1~6 Apd~ May June July August September October November December ' 249,510- 83.156 - 105,133 - 132,678' 166~82' i0~1473 - 73,850' 155,107' 186,187 · 18~,860' 94,387 - 73,648' 133,203 * 108,060' 270,672' 130,113' 107,801 133,08~' 120,432' 295,736- 96,629 ~0.2~8' 130,765 - 23`1,91i ' 324~96~ - 9~,5`1~' 183,599' 123,913 *' 181,490 ' 137,949 ' · 82,804 ' 821369' 180,371' 151,333' 204,439' 64,606- ~6,809 i02,780' 216,381 ' 143,877 · 6~,`10~' 13~917' 160,199 ' ~8819~9' 1321448` 56 816 S 289 268 $ 232 454 409 1:~. 60,317 ' 65,939 * ' ~6;~2 - 93% 110,335 ' ~01862 - (29,473)--2~.7~* 104,765 ' 203,522 ' 98,~57 ' 943% 104,661 ' `169,~'10 ' 64,949 ' ~.1%' 118,511 - 162,569 ' 4~4,058 '37,2% 125,954 ' 278,985 ' '153,00'1 * 12-15%' 107,066 - ' 00% lO5,825 .... ~.o%1 91,96g 00%' 93,419 * - ' 010% 120,363 - . - . 0.0% Est. REValue $ 224,292,800 $ 199,937,000 $ 275,765,000 , $ 342,739,440 $ 413,611,516 $ 240,000,00~ $ 250,145,206 $ 113,873,619 n; REAL ESTAT~ EXcisE TAx ACTIVITY Through July $1,0OO,000 {. ~t17.~2 $500,000 j I $- $1,~?,~4 Sl,2S0,724 U?IUTY TAXES Yew-to-dM. (mm July) 1~ 1997 1~98 i 19~ i 1999 Budget Gas 63,165 254,226 404,658 ' 519:~09 ' 390,717 446,3~ 55,647 ' 14 Garbage 35,314 120,817 172,~1 315,276 182,229 189,344 7,116 39% Cable 2,258 177~087 2~,599 ' 465,876 ' 266,208 311,122 44,915 ' 16.9% Phone 88,332 ' 331,522 ~1~616 955,375 ' 592,542 612,869 20~327 34% Storm Drainage '- 77,925 ~,523 ' ~79,259 ' 83,986 46,727 (37,259) Cellular 34,728 ~ 35,175 230.788 387,416 21 ~ 177 341,852 123.675 ~.7% Pagers 1057 4.129 6,547 11,400 6,721 5,8~ (825) -12.3°A Table reflects repoding activity through June I1 i ! J~nuary 125,150 J#lF 1999 Monthl~ Ft~mc~Report 431,810 435,822 435,822 494,610 13.5% February 4,121 116,6.13 460,440 4~4,082 484,082 479,718 15,634 3.4% [~ 35,730 139,~ 4~,076 ~,257 ~2,257 ~9,241 ~,~ 16.7% ~ ~,~ ~,~7 415,919 421,~ 421,~ ~,5~ 59,~3 14.0% M~ ~,723 ~1,710 ~1,428 ~,~7 420,~7 ~,2~ 42,~ 10.1% ~ 75,~ ~,~ 373,~ 3~,979 3~,979 419,~3 23,~ 6.0% ~ ~,~9 ~,~ ~,2~ ~7,3~ ~7,329 ~,429 42,101 12.1% ~t 76,~1 3~4,176 3~8,~5 ~,7~ ~s ~ ~,162 310,675 ~,551 ~7,1~ ~a ~ 76,107 ~,~1 ~,~ ~,671 ~a ~ ~,~ ~,2~ 3~,~9 ~,702 ~a Utility Tax Revenue ThrOugh July,,lSgg Storm Drainage 1.46% Phone 16.17% Cellular 10.70% PlOerl 0.t8% Cable Garbage 6.S2% Electric 3g.86% GAMBLING TAX BY ACTIVITY 1997 Actual ~lf~ Actual lg~ Actull Change from 1998 Activity % "S % $ % ' i S $Varlam:e %Variance Games 0.9% $ 1,896 1.1% $ 1,984 0.5% $ 4,079 $ 2,094 na Punchboards 1.2% 2,704 0.0% 1.0% 8,446 8,446 na Pulltab~ 81,5% 178,421 88.4% 155,520 24.5% 208,114 52,594 33.8% Cardre~ 16,4% 35,968 9.9% 17,486 74.0% 629,644 612,158 3500.9% Bingo 0~0~ 41 0.6% 1,014 0,0% 20 (995) -98.1% Table mi ,port~ng ~ ~hro~gh June. 12 Ci~. of Federal Way July 1999 Monthly Financial Report GAMBLING TAX REVENUE 1997- 1999 t999 1999 Budget 1997 1998 Budget Actual $ Variance % Variance January $31,616 $28,182 $51,135 $90,589 $39,454 77.2% February 34,403 ~21,305 54,874 98,054 43,180 ' 78.7% March 301346 23, i82 65,483 104,139 38,6,56 ' 5910% April 361041 [ 29,498 64,427' 130,~,70! 66,043 ' 102.5% May 31,106 i9,025 56,745' 144,773 88,026 ' i55.1o/o June 29,421 ' 201121 26,947 1451105 118,158 438.5% July 26,096 34,69:1 33,606 i37,172 103,566 - 3082% August 17,0i6 36,336 351687 ' 0.0% September 18,454 36,915 27,174 - 0.0% October 23,907 50,005 32,313 0.0% NoVember 20,591 51,544 27,718' 0,0% December 19,766 48, i47 33,491' 0.0% Total $318,763 $398,950 $509.600 $850.303 $497,086 140.7% FINES & FORFEITURES Budget $568.871 $999.486 $613.226 $639.830 $680.000 $714,000 1994 1995 1996 1997 1998 1999 Change from Adopted Month Actual Actual Actual Actual Actual Budget Actual $ Variance % Varlanc~ Jan $35.198 $58.898 $50.642 $36.755 $60.696 $50.540 $64,790 $14,251 28.2~ Feb 49.447 33042 56.197' 38.609 67.000 54.512 68,187' 13,674' 251~ Mar 44.493 38.296 47 205 46.673 84.432 59.851 87,418 27,567 46.1~ Apr 56.501' 54.415' 51.752- 51.192~ 57881- 63.806 86,409' 22,603' 354~ May 51.202' 49764- 54.538- 52.978' 73.670 62.101' 61,806' -295+ -0.5~ Jun 57.984 56. 220 46.811 50.903 65.060 63.881 75,375 11,494 18.0~/ Jul 41.965 69.336' 48.681' 53.016 81.666' 61.299' 66,411 5,112' 8.3°A Aug 65.794 54.319 63650 65.748 63.201' 71.691 Sap 48.268 53 235 35218 56.801 72.363 58.952 Oct 50.450- 50.022 41486' 56.376 74.815 59.518' ' Nov 46.068 50 281 33.604 45.810 57.001 55.157 Dec 44,828 40.104 30.269 67.590 33.327 52.693 Total $592,198 $607,932 $560,053 $622,452 $791,112 $714,000 $510,395 $94,406 22.7%1 % Change 7,9% 2.7% -7.9% 11.1% 27.1% -9.7% * Included in Fines & Fodei~res are re rmttances from Oisl~ct Court for "Shared Court Costs' and "Court Record Set. cas" $600,000 $500.0~0 t ' $4O0,0OO $336,790 $300,0~0 FINES AND FORFEITURES YTD Through July $490,405 $510,395 $200,000 $100.000 $6 1994 1998 1996 1997 1998 1999 13 Cl~. ~. Federal W~ Jui~ 1999 Mon~ly Finatwlal ~eport $ 36,051 $ 48,3~3 $ 26,306 $ 59,934 $ 54,814 $ 53,t65 $ 77,5~1 $ 24,396 Janu~ $ 33,708 Februa~ 39,795 47,671 34, 376 44,823 81,164 33,057 60,446 104,383 43,937 72.70~ March 61,117 52,296 30,950 48,297 95,791 45,879 77,897 148,530 70,633 90.7~ April 61,936 63,273 36,508 51,060 95,510 67,315 74,057 101,203 27,146 36.7'~ May 61,353 53,636 65,038 50,280 55,171 60,598 75,731 169,384 93,653 123,7~( June 56,643 39,732 69,015 65,217 57,030 106,758 87,461 167,539 80,078 91.6~ July 50,760 36,428 60,206 64,655 50,474 144,686 78,077 138,177 60,100 77.0~( August 46,091 42,525 71,299 60,072 56,879 130,374 71,521 0.0~ ~-i~ember 55,870 67,082 58,683 37,509 61,053 92,585 75,143 0.O~ October 59,489 38,435 60,354 42,402 48,152 122,107 67,393 - 0.0~ November 55,740 70,370 43,435 45,163 32,664 100,067 62,480 0.0~ December 57,415 49,954 81,867 49,613 48,716 72,243 69,822 - 0.0~ E,q~ Ihru Ju~y 968,672 8~5,194 9~8,326 1,042,684 1,244,9~0 1,210,714 1,341,764 1,103,928 na ne Recovery Ratio 37.7% 38~5% 35.0~ 33.6% 39.8% 42.4% 37.8% 82.1% na na Y'rD Recovery Ratio 39.4% 41.6% 39.0% 34.0% 35.7% 37.8% 36.9% na na na IBuilding Permits Check Fees l lZoning IFees · E] Electric $450,000 $1S0,000 $1oo,ooo $50,000 BUILDING PERMIT/ZONING/PLAN CHECK FEES t 994-1999 19~ 1~5 19~ 1~7 1~8 19~- Adp 1999-Act 14 Ci_tv Of Federal Way July 1999 Monthly Financial Report January February March May June July August September October November December 'PUBLIC WORKS PERMITS/PLAN REVIEW/EXPEDITeD REVIEW/INSPECTION FEES S 1,855 S 16,198 $ 22,397 $ 12,719 S 7,041 $ 16,188 $ 161959 S 19~293 $ 2,334 13.8% 2.403 10 580 6.797 3.790 8.826 11.568 18.496 25439 11.224 4.163 6 955 18.991 2.472 39.839 7.131 16.366 8.374 9.726 12.419 19.584 9.339 6.583 9 997 9.O06 35.280 (32.1251 22.059 7947 11 036 27.799 7,193 20,147 22,638 23.627 10.708 14751 21.158 8.283 29.676 18.645 15.252 14041 13.524 14,832 8 583 8.437 26.504 12.347 15 722 9.079 19.977 24.592 9.551 26.621 17954 9 977 26.339 21273 12.353 21.002 19.635 27 438 34.634 25.914 26180 42,540 19 191 15.049 32 348 13147 19.019 33.531 20.759 19,049 32,460 22,623 13.802 ' 19.402 '$ 5.600- 40.6% 43.177 $ 27 455 16.849 $ (7,743) 25.O87 $ 7 133 28.875 $ 7 602 10.643 $ (8,992) 174.6% -31 5% 39 7°,~ 35 -45 8~ 0.0°,~ 0.0% 0 0% 0 0% 0 0% Monthly Average 9,914 12,071 14,890 16,435 15,735 25,535 19,298 23,332 4,770 Permits/Plan Review/Expedited Review/Inspection Fees Through July 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 1994 1995 1996 1997 1998 1999- 1999- Adp Act · Zoning/Subdiv Fees r-IPW Expedited Plan Review []PW Inspection Fees [] Plan Review Fees · ROW Permits 15 MEETING DATE: September 7,1999~. ITEM8 ,. CrrY FEDERAL wAY City Council SUBJECT: CITY MANAGER EMPLOYMENT AGREEMENT CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE , .BUSINES~ HE~G FYI RESOLUTION STAI~ REPORT .... PROCLAI~,TION STUDY SESSION OTHER Amount BUdgeted: S Expenditure Amt: $ Contingeney Reqd: $ ATTACHMENTS: SUMMARY'BACKGROUND: On August 13, 1999, the City Council formally selected David H. Moseley to be the City Manager for the City of Federal Way, subject to the successful completion of an employment contract in form and content acceptable to the City Council and subject to the completion of all backgro~ checks and site visits. All background investigations have been favoral~ly completed. The Employment Agreement negotiated by the parties provides for an annual salary of $100,000, the possibility for the City Manager to earn up to a $5,000 annual performance payment upon the completion of agreed upon City Council goals, plus benefits, including deferred compensation, vacation, medical and sick leave· The Employment Agreement requires the City Manager to reside in the City and to maintain a publicly listed telephone number at his home. CITY COUNCIL COMMITTEE RECOMMENDATION: Not applicable CITY MANAGER RECOMMENDATION: Not applicable ................................................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:~genditem\Moseley.agt MEETI~'Ii~TZ: September 7, 1999 ITEM# .................. ,; .......... ~, ................................................................................................................................................................... ................................................................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: A RESOLUTION EXTENDING THE ~' IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT TI4F. LAKEHAVEN UTILITY DISTRICT COMPREHENSIVE WATER SYSTEM PLAN CATEGORY: CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $0.00 Expenditure Amt: $0.00 Contingency Reqd: $0.00 SUMMARYfl~ACKGROUND: On February 11; 1999, Lakehaven Utility District adopted a COmprehensive Water System Plan Update. Under Washington law, the City of Federal Way and other cities located within the District have ninety days in which to approve or reject the Plan. State statutes provide the City the ability to extend the review time by ninety (90) additional days, and additional time beyond the 90-day extension ff a~'eed to by the Di~'ict. On May 4, Council approved a thirty-five (3b')-day extension, through June 16..On June 15, Council took the remainder of the 90-day extension by approving an extension for an additional 55 days. The extensions were taken because staff was awaiting additional information from Lakehaven and its consultants that is anticipated to change salient portions of the Plan's capital facilities element. A further extension, until September 15, was agreed to by the District, and accomplished via adoption of Council Resolution No. 99-302, when the additional information did not arrive in time for sufficient City review. The District's consultant has since proposed changes to the Plan, which were not forwarded to the District in time for its Board to adopt them prior to City Council action to accept or reject the Plan. Accordingly, the District has voted to agree to extend the deadline further, until ....~.~.r...~.!.,...!...~.~. ~s~~~t~h~t~.t~h~.~c.~°~p~r~.~.~~e~!~°"?~tt~.~e~: ........................... CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Adopt attached Resolution extending the time for review of the APPROVED FOR INCLUSlON IN COUNCIL PACKET: i~.~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON EXTENDING THE TIME IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT THE COMPREHENSIVE WATER SYSTEM PLAN OF THE LAKEHAVEN UTILITY DISTRICT. WHEREAS, water service within the City of Federal Way is provided by the Lakehaven Utility District ("District"), a water-sewer district organized and operating under Title 57 of the Revised Code of Washington; and WHEREAS, the District is required under RCW 57.16.010(1) to adopt a comprehensive water plan, and to submit such plan to the legislative authority of all cities and towns which are included within the boundaries of the District, WHEREAS, on February 11, 1999 the District adopted its Comprehensive Water System Plan Update ("Plan"); and WHEREAS, in mid-March, 1999, the District submitted to the City of Federal Way an amended Chapter 12 of the Plan, which changed the Assessment of Revenue Requirements portion of the Plan and financing for it by reducing the amount of funds available through Capital Facilities Charges ("CFCs") for necessary capital projects; and WHEREAS, City of Federal Way staff and the City's consultant have been reviewing the Plan, and the amended Chapter 12, and are in the process of finalizing their review; and WHEREAS, on April 22, 1999, the District's Board of Commissioners reopened discussions concerning proposed increases to the CFC; and Res. # 99- , Page 1 DRAFT WHEREAS, on May 4, 1999 the Federal Way City Council adopted Resolution No. 99-296, which extended the time provided for byRCW 57.16.010(6) for the City of Federal Way's review of the Plan until June 16, 1999; and WHEREAS, on June 15, 1999 the Federal Way City Council adopted Resolution No. 99-301, which extended the time provided for by RCW 57.16.010(6) for the City of Federal Way's review of the Plan until August 10, 1999; WHEREAS, subsequent to the adoption of Resolution No. 99-296, the District Board of Commissioners indicated that the District's consultant, Lynn Takaichi of Kennedy Jenks, is preparing additional information concerning potential future CFC and rate increases necessary to support the capital expenditures detailed in Chapter 12 of the Plan, which information is currently absent from the Plan; and WHEREAS, that additional information was not provided until July 9 and July 12, 1999; and WHEREAS, on July 8, 1999 the Lakehaven Utility District Board of Commissioners heard a presentation by Mr. Takaiehi concerning the potential future CFC increases and their underlying calculations, and discussed the Board's upcoming meeting schedule at which action on CFCs increases might occur; and WHEREAS, on July 22, 1999 the LakehavenUtility District Board of Commissioners voted to approve the District's agreement to an additional extension of time for the City's review under RCW 57.16.010(6), until no later than September 15, 1999, in order to permit time for the City's consultants to complete their review of the information provided by the District on July 9 and 12 and to forward their results to the City Council, and to allow the District time to amend its Res. # 99- ., Page 2 Comprehensive Water Plan in response prior to the City Council taking action to approve or reject the Plan; WHEREAS, on August 3, 1999, for similar reasons, the Federal Way City Council adopted Resolution No. 99-302, extending the time under RCW 57.16.010(6) until September 15, 1999; and WHEREAS, thereafter, the District submitted to the City a revised version of Chapter 12 of the Comprehensive Plan, but additional time was necessary for District consultants to provide additional information, answer questions about, and make additional changes to the draft revised Chapter 12 provided by the District and its consultants; and WHEREAS, such action could not be accomplished in sufficient time to allow the District Board to formally adopt the revised Chapter 12 prior to City Council action by September 15, 1999; and WHEREAS, on August 26, 1999 the Lakehaven Utility District Board of Commissioners voted to approve the District's agreement to an additional extension of time for the City's review under RCW 57.16.010(6), until no later than October 31, 1999, in order to permit time for the City's consultants to complete their review of the information and additional proposed changes to Chapter 12 of the Plan provided by the District and its consultants; and WHEREAS, for similar reasons the Federal Way City Council wishes to further extend the time provided for by RCW 57.16.010(6) for the City of Federal Way's review of the Plan; NOW THEREFORE, THE; CITY COUNCIL OF THE; CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Res. # 99-__, Page 3 DRAFT Section 1. Finding. The City Council finds that insufficient time exists to adequately review the Plan, including information concerning proposed changes to the Lakehaven Utility District's Comprehensive Water System Plan Ulxtate's financing element, and that an extension of the time provided by RCW 57.16.010(6) for the City of Federal Way's review of the Comprehensive Water System Plan Update is therefore necessary and warranted, and the Lakehaven Utility District has agreed to such an extension of time. Section 2. Extension of Time in Which to Approve or Reject Comprehensive Water System Plan. The time provided by RCW 57.16.010(6) for the City of Federal Way's review of the Lakehaven Utility District's Comprehensive Water System Plan Update is hereby extended until October 31, 1999. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of September 7, 1999. Res. # 99- , Page 4 CITY OF FEDERAL WAY D AFT MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\reso\comprej.901 Res. # 99- , Page 5 MEETING DATE: September 7, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Military Road at Star Lake Road Signalization Project; Budget Adjustment, Final ...................................... .................................................................................................................................... CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION ORDINANCE STAFF REPORT , BUSINESS PROCLAMATION HEARING STUDY SESSION FYI OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated 7/19/99 submitted to the July 28, 1999 Land Use & Transportation ........................................................ .............................................................................................................................................. ............. SUMMARY/BACKGROUND: Prior to release ofretainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Totem Electric of Tacoma, Inc. is complete. The final construction contract amount is $178,745.18. This is $17,190.38, or 10.6%, over the $161,554.80 (including contingency) budget that was approved by the City Council on September 15, 1998. Major Change Order Items Asphalt Concrete Pavement Traffic Control Labor Pavement Reinforcement Fabric ORIGINAL BID 7,802.00 6,020.00 0 ACTUAL COST INCREASED 26,197.80 18,395.80 13,412.00 7,392.00 3,429.96 3,429.96 TOTAL $29,217.76 During the construction phase of the project, the limits for the pavement restoration as well as the pavement condition in the immediate vicinity of the project was reevaluated. Based on the evaluation, it was determined that additional asphalt concrete pavement and pavement reinforcement fabric would be needed to maintain the roadway integrity of the old concrete street. CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 28th meeting, the Land Use & Transportation Committee forwarded staff recommendations as presented, to the City Council for consideration: ?"~,., 1. Authorize transferring $17,190.38 from the 1999 Overlay contingency to fully fund this project; 2. Acceptance of the Totem Electric of Tacoma, Inc. Military Road at Star Lake Road Signalization ..................... ..................................................................................................................... CITY MANAGER RECOMMENDATION: litj~[,.,.-;< ~'rx,' ,-~( .... ~'~.~.~-~>., .............................................................................................................................................................................................. ~...~.,.: ........ .t. ............ r.;:, .............................. APPROVED FOR INCLUSION IN COUNCIL PACKET: ? ~ t- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k :\council\agdbills\ 1999\milstar. fa COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF~ DATE: TO: FROM: SUBJECT: July 19, 1999 Phil Watkins, Chair Land Use/Transportation Committee Ken Miller, Deputy Public Works Director ~-l~e\ Military Road at Star Lake Road Signalization Project Budget Adjustment, Final Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Totem Electric of Tacoma, Inc. is complete. The final construction contract amount is $178,745.18. This is $17,190.38 or 10.6% over the $161,554.80 (including contingency) budget that was approved by the City Council on September 15, 1998. Major Change Order Items Asphalt Concrete Pavement Traffic Control Labor Pavement Reinforcement Fabric ORIGINAL BID ACTUAL COST INCREASED 7,802.00 26,197.80 18,395.80 6,020.00 13,412.00 7,392.00 0 3,429.96 3,429.96 TOTAL $29,217.76 During the construction phase of the project, the limits for the pavement restoration as well as the pavement condition in the immediate vicinity of the project was reevaluated. Based on the evaluation, it was determined that additional asphalt concrete pavement and pavement reinforcement fabric would be needed to maintain the roadway integrity of the old concrete street. Staff recommends funding the additional $17,190.38 from the 1999 Asphalt Overlay contingency due to the primary reason for the change order was the increased quantity of asphalt concrete pavement. Staff will be present at the July 28, 1999 Land Use & Transportation meeting to answer any questions the Committee might have. RECOMMENDATION Place the following items on the August 17, 1999 Council Consent Agenda for approval: 1. Authorize transferring $17,190.38 from the 1999 Overlay contingency to fully fund this project. 2. Acceptance of the Totem Electric of Tacoma, Inc., Military Road at Star Lake Road Signalization Project, in the amount of $178,745.18, as complete. K:\L UTC 1999',STARLAKE.MEM MEETING DATE: September 7, 1999 ITEM# · CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: _X_CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated 7/20/99 to the 7/28/99 meeting of the Land Use and SUMMARY/BACKGROUND: At the May 17, 1999 Land USe & TransportatiOn Committee meeting, staff received approval of the 30% roadway design and authorization to proceed with right of way acquisition. At the same meeting, the Committee was presented with the following three gateway design concepts: 1) Landscape Concept - this includes large boulders, a trickling water feature, and "Northwest" style landscaping and planting; 2) Low Wall Concept - this is a highly visible, textured and colored block wall ranging in height from 18 to 48 inches and softened with a backdrop of formal plantings; 3) Structure Concept - includes metal shelters with the roof and posts painted dark green and blue; a low foundation wall provides seating. After discussion of the design concepts, the Committee requested staffto develop an alternative incorporating several of the elements contained in the above three concepts including a water feature, boulders, lighting, seating, stamped concrete, landscape plantings, and trellis. It wasnoted that the trellis structure could be designed to allow for future display of art work or other objects. Public Works staffwill be in attendance at the July 28th meeting to present and discuss the new gateway design alternative with Committee members. CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 28, 1999 meeting, the Land Use & Transportation Committee approved proceeding with the SR 99/So 320th Street gateway final design, subject to incorporating the following: The trellis concept with the round, less ornate, more classical column was selected. However, a smooth, slightly tapered, or tuscany style, column was preferred; Rather than curve the trellis, it will be angled as shown in the drawings presented; In lieu of the cut-out art panels shown, additional landscaping will be provided. A water feature will be incorporated into the trellis on the southwest comer (Seafirst Bank); Stamped, colored concrete will be installed at the trellis plaza areas, but the sidewalk adjacent to the road will have a traditional finish. Colors were discussed, however in order to get a better sense of all the design elements together, a computerized drawing will be produced incorporating the preferences discussed at the meeting, and will be then be presented to the Committee and Council for final review and approval, prior to bidding. CITY MANAGER RECOMMENDATION: "~'?" ' - "' .................................................................................................................................................... :x,.,..L,,..!.,.'...~::~.,.:.: ................... .................................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION kScouncil\agdbills\ 1999\trellis.cc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: TO: FROM: SUBJECT: Phil Watldm, Chair Land Use and Transportation Committ~ Ken Miller, Deputy Public Works Directt~r ~1] Gateway Design Approval for the South $20a~ ~reet and Pacific Highway South Intersection Improvements Background At the Committee's May 17, 1999 meeting, staff received approval of the 30% roadway design and authorization to proceed with right of way acquisition. At the same meeting, the Committee was presented with the following three gateway design concepts: 1) Landscape Concept - this includes large boulders, a trickling water feature, and "Northwest" style landscaping and planting; 2) Low Wall Concept - this is a highly visible, textured and colored block wall ranging in height from 18 to 48 inches and softened with a backdrop of formal plantings; 3) Structure Concept - includes metal shelt~s with the roof and posts painted dark green and blue; a Iow foundation wall provides seating. After discussion of the design concepts, the Committee requested staff to develop an alternative incorporating several of the elements contained in the above three concepts including a water feature, boulders, lighting, seating, stamped concrete, landscape plantings, and trellis. The trellis structure could be designed to allow for future display of art work or other objects. Public Works staff will be in attendance at the July 28a' m~, to pre~ent and discuss the new gateway design alternative with Committee members. Recommendation Approve a gateway design concept and forward a recommendation to the City Council for approval at the September 7, 1999 meeting; Authorize staff to proceed With final design of the selected alternative. KM:jg attachment k:\lutc\1999\trellis.mem / / " MEETING DATE: ~.999 ITEM// CITY OF FEDERAL WAY City Co l AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION ~ STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACtlMENTS: 1) June 2, 1999 Staff report to the Planning Commission by Martin Nordby 2) June 28, 1999 Memorandum from Stephen Clifton, M. Nordby, and Betty Cruz to LUTC 3) Minutes from June 2, 1999 Planning ................................................................................................................................................................... SUMMARY/BACKGROUND: At the direction of the LUTC a list was prepared of code changes to the existing sign code to clarify existing defmitions, add missing ones and improve enforcement. The Planning Commission conducted a work session on May 19, 1999 to review the list of potential'changes. A public hearing on the proposed changes was held on June 2, 1999. The LUTC reviewed the proposal at its July 7, 1999 meeting and recommended approval by the full Council. CITY COUNCIL COMMITTEE RECOMMENDATION: ...A.p.p. rove amendments as ~rese~ted. CITY MANAGER RECOMMENDATION. ! ~ , ,-~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # STAFF REPORT TO THE CITY OF FEDERAL WAY PLANNING COMMISSION Date: Applicant: Proposed Action: Staff Representative: Staff Recommendation: June 2, 1999 City of Federal Way Amend the Sign Article of the Federal Way City Code to Address Missing or Limited Definitions and Clarify Selected Issues Martin Nordby, Code Compliance Officer Amend Code as Outlined by Staff Recommendation I. INTRODUCTION This staff report covers several proposed amendments to the sign regulations in the zoning chapter of the Federal Way City Code (FWCC). A total of 24 specific issues have been identified and proposed for amendment, most deal with the addition of definitions for terms used in the existing code that are not defined, or the existing definitions lack clarity thus making interpretation difficult and necessary. Some changes reflect experience with the code and are recommended to improve the code to accommodate issues not anticipated when the code was initially written. SEPA review is not required for these amendments. II. BACKGROUND The current sign code was adopted by the City Council in June of 1995 after more than a year of work involving a citizen's advisory committee plus several months of Planning Commission hearings and debate. The City Council also spent a considerable amount of time making changes to the draft code and debating the merits of many aspects of the amendment. However, as with any regulation, especially one so complex and with such a significant impact on the business community, not every issue or affect can be anticipated. When the city of Federal Way incorporated in 1990, the City Council adopted zoning regulations patterned after those in Kirkland~is included sign regulation. It was apparent a.~ex a short period of time these standards did not reflect the retail and business character of Federal Way, so development of a revised or new code was authorized. The intent was to provide for signage more appropriate to Federal Way's needs, yet maintain control over significant issues related to design aesthetics and sign clutter .... The current code significantly increased permitted sign area for both building mounted and freestanding signs over the original code. It also established provisions (High Profile standards) for large retail developments such as Pavilions Centre and SeaTac Mall. The original code made no accommodation for larger retail developments. The new code also placed greater controls on temporary signs and emphasized strong enforcement. In essence, the new code was developed virtually from scratch. Little of the original code remained in the new ordinance. Many of the proposed amendments are simply to add definitions for terms that were not included in the 1995 code revision. Other revisions are needed to deal with rulings by made by the Federal Way Hearing Examiner or to clarify terms or standards that have required interpretation by the Director of Community Development Services and deal with specific issues identified by the City Council. Below is a review of several of the proposed amendments identified by staff and revised by the Land Use and Transportation Committee (LUTC). Those issues that are essentially straight'forward, such as missing basic definitions or missing references to process and procedures changed by separate amendments (i.e., updating of the review and public hearings processes), are included in the draft amendment without additional discussion in this report. However, items involving more complex issues or needing additional explanation are detailed below. A summary of all changes is included for your reference. Pump Topper Signs The Federal Way Hearing Examiner ruled in a civil citation appeal that pump topper signs had to be permitted as a point of purchase sign. Currently, the code does not define a "pump topper," nor does it have standards as to size and number. Until this ruling these types of signs had not been permitted. The Examiner's ruling limited the message on the sign to something related to the product (e.g., the gasoline) or its related purchase (e.g., paying with a credit card or ATM at the pump) and did not cover other items not available for purchase at the pump. Staff are recommending size and number limits on these signs be added to the code. An August 4, 1998, interpretation by the department director limits the size of such signs to no greater than two square feet and no more than one per point of purchase. This interpretation has been used as the standard for the amendment. See Exhibit C, page 6, number 61, and page 11, point of purchase displays, number (s). Staff Report Page 2 Sign Regulations Normal Maintenance Sign permits are required for any work on signs except maintenance. The question has arisen whether sign permits should be required for panel changes in existing signs that are not otherwise being modified. The code language for "Normal maintenance - signs" is in the regular zoning definitions section (FWCC Section 22-1) and was added after adoption of the revised sign code in 1995. In the revised sign code is also a definition of"maintenance." These definitions differ in their specificity. To resolve this issue, the definition of "Normal Maintenance - signs" in FWCC Section 22-1 can be removed and the definition for "maintenance" in the sign section amended to include a change in the sign panel as a maintenance issue not requiring a permit. See Exhibit C, page 5, number 47. In addition, a number of other sign related definitions from the original 1990 code remained in Section 22-1. These duplicate definitions have been deleted to avoid conflict with the newer definitions and keep all sign related terms with that section of the code. Terms not included or missing from the new code have been transferred to the definitions section of the sign code found at Section 22-1597. See Exhibit A. Subdivision Signs This issue was brought to the LUTC's attention in 1997. Council gave direction at the time to make some changes to the code that would make more subdivision signs conforming. In many cases there is no longer an active homeowners association or architectural control committee with whom the city can deal with in resolving potential nonconformances. This also complicates compliance for these signs. Council direction on code changes for subdivision signs has been incorporated into this proposed amendment. The desired result will be to bring as many of these signs into conformance as is reasonably possible. This amendment proposes to increase the aggregate permitted area for subdivision signs and add pedestal, pylon, and pole signs to the permitted type. The maximum permitted height would remain the same. Subdivision signs would also be permitted to be located on a fence or architectural feature, and would be excluded from setback requirements, except for sight distance requirements. See Exhibit C, Table 2, page 15. Special Sales and Promotional Events The original sign code allowed building mounted special sale and promotional banners for 120 days per calendar year. Permit approval was not required. No sign was to be up for any longer than 30 days. Without a method by which the city could monitor what signs had gone up at what time it was difficult to determine how long any one sign had been erected. The 1995 code revision added permit requirements for most temporary signs, including sale and promotional signs, and shortened the time from 120 days to 30 days per year. Section 22- 1600, Table 1, limits special sales and promotional signs to 30 days within a calendar year. The requirement for a temporary sign permit has simplified monitoring of promotional signs, reduced clutter, and ensured that banners which have been up longer than 30 days, or Staff Report Page 3 Sign Regulations shorter if the permit was for a shorter time periofl, are removed. However, the extreme reduction in time has also elicited ConS~derable COmment from the retail business community who want more opportunities during the year to advertise special events or promotions. The proposal is to extend the 30 day per year allowance to 90 days. This remains less than the original allowance of 120 days per year. No one business, however, would be permitted more than four permits per year regardless of whether the total length of time used added up to 90 days. See Exhibit C, Table l, page 14. Daycares in Residential Zones I)aycares do not have sign provisions when located in residential zones, though they are an allowed use. Using a December 19, 1998, interpretation issued by the department director, sign provisions for daycarcs have been added to Table 2. Table 2 covers sign requirements for uses located in residential zones. These provisions apply only to commercial daycares, or daycares attached to a church or synagogue, and do not apply to class II home occupation (e.g., in-home daycare). See Exhibit C, Table 2, page 16. Building Mounted Signs A multi-tenant complex can choose not to display a freestanding sign. The code permits a center identification sign (CID) to be a wall mounted sign but does not include any size or number limits. The amendment recommends an additional wall mounted sign of seven percent.of the exposed building face be permitted in addition to any permitted individual tenant signs. The building mounted CID sign would be limited to a maximum of 240 square feet. See Exhibit C, page 21, number 3. Landscaping Landscaping has been required around freestanding or ground mounted signs since 1990. The wording in the original sign code is virtually identical to that used in the 1995 sign code revision (Section 22-1602[E]). The most significant change is a limitation to the total amount of landscaped area required. The original code did not set a maximum required landscaped area. However, the type of vegetation to be used has not been defined, nor are there requirements that it be maintained. Landscaping requirements not only serve an aesthetic purpose but also improve safety, especially in those situations where no other landscaping exists in the area of the sign. A landscaped area around a sign can reduce the possibility that during a vehicle accident the vehicle will hit the sign structure. Staff are recommending language be included in Section 22-1602(E) that identifies the general types of vegetation recommended and establishes a performance standard for the first two years for maintenance and growth. See Exhibit C, page 24, number E. Staff Report Page 4 Sign Regulations Sign Area Transfer Section 22-1601 (B)(4) permits signs to be transferred from one wall to another. Howe',er, the aggregate sign area for that wall cannot exceed the allotted maximum. The proposed amendment more specifically reiterates this limitation. See Exhibit C, page 21, number 4. Community Service Event or Civic Event Historically, these events have been narrowly defined to include mostly annual events such as Family Fest, Salmon Bake, or Bite of Federal Way, etc. This has excluded other regular cultural events such as theater productions and musical concerts. The proposed amendment broadens the definition for this type of event to specifically include charity and cultural gatherings. A standard for sign size and number have also been added to reduce the need for staff to evaluate applications and make judgements on a case-by-case basis. See Exhibit C, Table 1, page 14. III. CONCLUSION Forward the proposed amendments as presented to the City Council for consideration. IV. EXHIBITS Exhibit A Exhibit B Exhibit C FWCC 22-1, Definitions ') FWCC 22-335, Nonconforming Signs ~ FWCC Chapter 22, Article XVII, Signs.} I:XDOCUMENTxSign regs~AMNDRPT2. WPD Staff Report Page 5 Sign Regulations CITY OF FEDERAL WAY MEMORANDUM June 28, 1999 TO: Land Use/Transportation Committee (LUTC) FROM: Stephen Clii~on, AICP, Director of Community Development Services Martin Nordby, CCEO, Code Compliance Officer Betty Cruz, Code Compliance Officer SUBJECT: Sign Code Amendments BACKGROUND The Federal Way City Council adopted an extensively revised sign code in June of 1995. At that time it was noted that because of the extem of the changes, limited amendments may be required in the fumm to address issu~ unforseen at the time of its adoption. A list of potential amendments were brought to the Land Use and Transportation Committee (LUTC) for consideration on May 3, 1999. This list included items Council wished be addressed, concerns and re, quests from the business community and the public, and staff recommended changes as a result of implementing the code. The LUTC directed staff to proceed to the Planning Commission with a revised list for their review and consideration. The proposed amendments correct conflicts within the code, clarify several existing definitions, add a number of missing definitions, and address other issues. Among the listed amendments were inclusion of several terms needing definition and clarification of existing terms. In reviewing all sign related definitions in FWCC 22-1597, it was noted several sign-exclusive terms remained in the general zoning definitions within FWCC 22- 1. These have been deleted from FWCC 22-1 and either moved to FWCC 22-1597 or eliminated where duplication or conflicts exist with definitions of the 1995 adopted sign code. II. REASON FOR COUNCIL ACTION Pursuant to city code, any amendment to the Zoning code text must be approved by the City Council based on a recommendation from the Planning Commission. III. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the list of potential amendments and made recommendations to staff for each proposal. Of note in the Commission's deliberation was discussion concerning freestanding sign landscaping requirements. Staff recommended more specific standards be included in the existing landscaping requirements. The Commission debated a number of different positions on this issue including whether landscaping should even be required. By a 3 to 2 margin the Commission voted to accept the staff recommendation as proposed. :' " IV. PROCEDURAL SUMMARY Ve VI. May 3, 1999 May 19, 1999 June 2, 1999 June 14, 1999 LUTC Meeting - Refine list of proposed amendments. Planning Commission - Work session to review amendment list. Planning Commission - Public Hearing. Planning Commission - Public Hearing closed - Deliberation/Recommendation. DECISIONAL CRITERIA Sec. 22-523. Zoning Text Amendment Criteria The city may amend the text of Chapter 22- Zoning only if it finds that: (I) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed amendment complies with language in Chapter 1. The introduction states that implementation of the plan requires the "modifying, and/or replacing of existing regulations" to meet the goals of the plan. (2) The proposed amendment bears a substantial relation to public health, safety and welfare; The amendments to the sign code are proposed to provide better direction to city staff and the public in implementing and enforcing code requirements. and (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendment will result in better enforcement and implementation. COUNCIL ACTION Pursuant to FWCC, Section 22-537(c), after consideration of the planning commission report and, at its discretion, holding its own public hearing, the city council shall by majority vote of its total membership take the following action: 1. Approve the proposal by ordinance; 2. Modify and approve the proposal by ordinance; 3. Disapprove the proposal by resolution; or 4. Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission 2 shall report back to the city council on the proposal. Exhibits Exhibit A EXhibit B June 2,'1999 Planning StaffReport and Exhibits LUTC Sign COde Amendments - Summary List I:'~.~GNAMEND~PCRECMEM/$uly 27, 1999 SUMMARY Commissioners present: Robert Vaughan (Chair), Karen Kirkpatrick, William Drake, Hope Elder, Eric Faison, and Ed Soule. Commissioners absent: John Caulfield. Alternative Commissioners present: None. Alternative Commissioners absent: Adebola Adekoya and Sophia McNeil. Staff present: Public Works Director Cary Roe, Assistant City Attorney Bob Sterbank, Community Development Services Deputy Director Kathy McClung, Code Compliance Officer Martin Nordby, Code Compliance Officer Betty Cruz, and Administrative Assistant E. Tina Piety. Chair Vaughan called the meeting to order at 7:02 p.m. APPROVAL OF MINUTES The minutes of May 19, 1999, were approved. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS- Public Hearing: Courtyard Village Development Agreement The public hearing was opened at 7:05 p.m. Mr. Roe gave the presentation. At issue is the deletion of 341s~ Place from the Transportation Chapter of the Federal Way Comprehensive Plan. The City Council has already given its approval. The issue for the Planning Commission is whether the agreement throughly lays out all the issues, does it get all the details? Discussion was held on the environmental sensitive areas issue and what if the road cannot be built? There was no Public Testimony. It was m/s/c to forward to the City Council for approval, with a technical change to the names Chen and Draper. The Public Hearing was closed at 7:40 p.m. Planning Commission June 2, 1999 i~' i~ ~,~,~ ~ ~ ~.~.~ 2 Publ~ Hearing: Sign Regulations The Public Hearing was opened at 7:40 p.m. Mr. Nordby gave the presentation. He provided a list of the proposed changes. Most of the amendments deal with definitions, with some changes done to clear up problems and to accommodate issues not anticipate when the code was initially written. Concern was expressed that the city expects too much in the way of landscaping. It was suggested that landscaping without vegetation be allowed. Discussion was held on sign area. On page 21, paragraph 3 needs to be clarified to say any one sign "...to a maximum of 240 square feet." Public Testimony was opened at 8:44 p.m. Lorene Fortenu, 31419 - 3~d Place South - She is here to represent Centerstage. Her comment is that she is glad to see that the amendments will allow them to do more advertising. Jubilyn Lyver, 29645 - 18a Avenue South - She is the Resident Manager of the Overlook Apartments. She would like to put up a sign on her builcling (facing Pacific Highway South) saying for rent. The city has already informed her that it cannot be done because a commercial sign cannot be erected in a residential zone. She asked if just having the phone number on the building would be ok? Staff replied that they would need to research the issue. Larry Kulp, Marine Hills Architectural Control Committee - He appreciates the work of Betty Cruz and Martin Nordby (Code Compliance Officers) on the sign at the entrance to Marine Hills. He stated that Section 22-335 (a), Nonconforming Signs - Purpose, seems to exclude residential signs. There needs to be more flexibility when enforcing these rules. For example, what does significantly mean? The city should grandfather older attractive signs. Ann Meaiek, 30019 - 2~ Avenue SW - She is here representing the Mar Cheri Community Club. She stated that she appreciates the work that has been done. She went on to say that their swimming pool is being adversely impacted due to the loss of their sign because of the regulations. The pool is hidden and without a sign, no one knows it is there. She asked that the Planning Commission recommend that signs that have been used for years be grandfathered. Their sign was professionally painted and only used seasonally. They have attempted other methods (i.e. newspaper, flyers, etc.) but with a limited budget, it has not really helped. The Public Testimony was closed at 9:00 p.m. At this time, the commission went over the staff recommendations as presented in a listing prepared by Mr. Nordby. 1. Pump Topper Signs - Discussion about whether the city should be held to a Hearing Examiner ruling. Planning Commission dune 2, 1999 3 o 7. 8. 9. i 11. 12. 13. 14. 15. 16. Normal Maintenance - Discussion as to when does the work go beyond maintenance. It is too intrusive to require a permit for changing the basic copy. The only way to monitor it is through the permit process. It was m/s/c (no nays) to remove the words "basic copy" and "text" from the definition of 'maintenance.' Sign Permit Expiration - No discussion. Government Signs - No discussion. Definitions - It was requested that some descriptive language be added to the definition of 'monument sign' for clarification. Why was the size (from 18 to 24) changed in the definition of 'wall sign'? Staff replied that the change was made to accommodate larger cabinets that are now being used. It was m/s/c (no nays) to make the necessary technical changes. Construction Standards - No discussion. Balloons - Clarification was requested as to what constitutes a "site." Construction Signs - No discussion. Directional Signs - No discussion. Final Inspection Process - No discussion. Subdivision Signs - Discussion was held to clarify the issue. Most current signs, except those in the right-of-way, will be grandfathered. Staff is researching ways of dealing with those in the right-of-way. Menu Boards - Discussion was held as to why these should be regulated. Staff replied it is to avoid outrageous signs. A permit will not be required, just standards. Discussion was held as to the number of menu boards. It was m/s/c (no nays, one abstain) to limit the number of menu boards to two. Fix Typo - No discussion. Prohibited Signs - No discussion. Special Sales - Discussion that 60 days a year seems very short. Staff replied that it is a middle ground and fits with most major retailers who tend to have four events in a year. It was m/s/c (three yeas, two nays) to increase the number of days to 90. Multi-Family Uses in Residential Zones - Discussion was held on the issue raised by Ms. Lyver of the Overlook Apartments. It was m/s/c (four yeas, one nay) to allow a commercial sign if it is facing away from residential areas and so long as it complies with the rest of the code. Planning Commission June 2, 1999 4 17. Recreation Clubhouse orArea - Discussion was held on the Mar Cheri pool issue. The commission felt that no change were necessary. 18. Daycares in Residential Zones - No discussion. 19. Low Profile Cornbined Sign Package - No discussion. 20. Building Mounted Signs - No discussion. 21. Landscaping- Discussion was held about not requiring vegetation with the landscaping. (It was m/s/e to extend the Planning Commission meeting to 10:30 p.m.) Ms. Cruz shoWed examples of current sign landscaping. It was stated that requiring vegetation would increase the cost to the business (i.e. maintaining, watering, etc.). It was m/s/f (two yeas, three nays) to not approve the staff recommendation. It was m/s/c (three yeas, two nays) to approve the staff recommendation as presented. 22. Exemption from Amortization - Discussion was held to clarify the issue. 23. Sign Area Transfer - No discussion. 24. Community Service Event or Civic Event - No discussion. Discussion was held on how to make Section 22-335 (a), Nonconforming Signs - Purpose, include residential signs. To this end, it was mlslc (no nays) to remove the word "business" from "businessperson." Discussion was held on the length of grand openings (Table 1). It was m/s/e (no nays) to increase the days from 30 to 60 for grand openings. It was m/s/e to approve the staff recommendations as amended and move them forward to the City Council. ADDITIONAL BUSINESS It was m/s/c (no nays) to elect Karen Kirkpatrick to Vice-Chair. AUDIENCE COMMENT None. ADJOURN It was m/s/c t° adjourn the meeting at 10:26 p.m. K :~COMMON.AI~PLANCOM~ 1999\060299S WPD ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY CITY CODE, RELATING TO SIGNS. WHEREAS, the City Council of the City of Federal Way determined that it was necessary for the public health, safety and general welfare to establish reasonable sign regulations; and WHEREAS, the Federal Way City Council adopted sign regulations, and subsequent amendments thereto, on February 27, 1990; December 3, 1991; April 21, 1992; June 16, 1992; June 6, 1995; and December 16, 1997; under Ordinance Nos. 90-43, 91-113, 92-135, 92-144, 95- 235, and 97-307; and WHEREAS, amendments to the Chapter 22 of the Federal Way City Code C FWCC") text are authorized pursuant to FWCC Sections 22-216, and Sections 22-516 - 22-530 ( Process VI review); and WHEREAS, pursuant to the direction of the City Council Land Use and Transportation Committee, City staff prepared a list of proposed changes to Chapter 22 of the FWCC relating to sign definitions and sign code enforcement ("Proposal"), and presented the Proposal to the Federal Way Planning Commission; and WHEREAS, pursuant to FWCC Section 22-534, the Federal Way Planning Commission considered the Proposal at a work session on May 19, 1999, and at a public hearing on June 2, 1999; and ORD # , PAGE 1 DRAF' WHEREAS, public notice of the public hearing was duly given pursuant to FWCC Section 22-532; and :?,,,:~,,, ,i, 7 ~":~:~'"t ~=%~r WHEREAS, following the public hearing, the Planning Commission voted to approve the Proposal with minor modifications, and forward it with a recommendation of approval to the City Council Land Use and Transportation Committee; and WHEREAS, the Federal Way Land Use and Transportation City Council Committee, meeting as a committee of the whole City Council, considered the Proposal on July 7, 1999, and recommended approval by the full City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Seetien 1. ~. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code CFWCC"): 1. The unregulated proliferation of signs detracts from the economic value of the community. 2. Such proliferation can and does create a visual distraction for drivers of motor vehicles and thereby detracts from traffic safety. 3. Reasonable regulation of signs serves to alleviate visual clutter and thereby preserves community scenic, economic and aesthetic values. 4. The regulation of signs supports and enhances the economic well-being of all businesses within the City while providing the opportunity for all businesses to identify their premises and advertise their products. ORD # , PAGE 2 DRAFT 5. Sign regulation protects the public health, safety, and welfare by controlling the placement, removal, installation, maintenance, size and location of signs. 6. Amendments to the sign code will clarify existing definitions and add new definitions, to assist in uniform interpretation and enforcement of the code. 7. Amendments to the sign code will also provide better regulation of certain types of signs (e.g., civic and community event signs, subdivision signs, and promotional and special sales event signs), thereby furthering the community's interest in alleviating visual clutter and preserving scenic, economic and aesthetic values. Section 2. Conclusions. Pursuant to FWCC Section 22-528, and based upon the Findings set forth in Section 1 above, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The Proposal is consistent with the Comprehensive Plan, which states at page VII-5 that "The character of the street environment is also unfriendly to pedestrians. Signs proliferate the South 320th Street and State Route 99 (SR-99/Pacific Highway South) corridors. · . .The number and size of signs produce a negative effect on the visual image of the City. The Plan contains a number of Goals and Policies to address this condition. The Proposal is consistent with these following Goals and Policies: ORD # City Center Goal 6: City of Center." Land Use Goal 1: environment." Land Use Policy 39: , PAGE 3 "Focus on improving the existing character and image of the "Improve the appearance and function of the built "Encourage transformation of Pacific Highway (SF-99) Community Business corridor into a quality mixed-use retail area." City Center Policy 2: ~i~lop~and~: attractive City Center which will attract quality development." City Center Policy 7: Allow for a variety of uses and mixed use development within buildings, or complexes. Ensure that mixed-use developmem complements and enhances the character of the surrounding residential and commercial areas. 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it addresses concerns for the public health, safety, and welfare by refining the City's existing sign code, which is consistent with state law and reflects a reasoned balance between the rights of individuals and the community interest. 3. The Proposal is in the best interests of the residents of the City because it responds to community concerns about compatibility of signs with the visual impact on the community at large. By establishing comprehensive and concise regulations by which to regulate signs, it provides city staff with sufficient criteria by which to evaluate proposals, and assists businesses in providing adequate provisions to identify the location of places of business. Section 3. Amendment. The Federal Way City Code, Section 22-1, is amended as set forth in Exhibit A attached hereto and incorporated herein by reference. Section 4. Amendment. The Federal Way City Code, Section 22-335, is amended as set forth in Exhibit B attached hereto and incorporated herein by reference. Section 5. Amendment. The Federal Way City Code, Sections 22-1596 - 22-1603, is amended as set forth in Exhibit C attached hereto and incorporated herein by reference. S~tion 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ORD # , PAGE 4 DRAFT 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ~: o~r,,:*.signcode .99 ORD # , PAGE 5 Exhibit A Federal Way City Code Sec. 22-1. Definitions. ARTICLE I. IN GENERAL Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned shall mean knowing relinquishment, by the owner, of right or claim tO the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory shall mean a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) shall mean either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. ADU, attached shall mean an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to, the primary dwelling unit. ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit shall mean an attached ADU which satisfies the criteria set forth in Section 22-633 of this Code. Accessory living facility shall mean an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining shall mean propertythat touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is more than 100 feet from a low density zone is not considered to be adjoining that zone. Adult entertainment activity or use shall mean all of the following: Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas shall mean both of the following: 1. When less than completelY and opaquely covered: i. Human genitals of ~fibi'¢ ~egibnJ' ii. Haman buttock. iii. Human female brea.4t below a point immediately above the top of the areola. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. b. Specified sexual activities shall mean all of the following: 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse or sodomy. 3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast. (2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "speci~ed sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age. (3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" and which establishment excludes minors by virtue of age. Activities and uses defined as adult entertainment activity or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. Agricultural use shall mean any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights shall mean the right to, in some manner, control the use of the space above the surface of the ground. Alluvium shall mean soil deposits transported by surface waters. Antenna(e) shall mean any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrian and/or orbital based points, includes, but is not limited to: (!) Omni-directional (or "whip") antenna(e) transmits and receives radio frequency signals in a 360-degree radial pattern. -2- (2) Directional (or "panel") antenna(e) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic antenna(e) (or dish) antenna(e) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Applicant shall mean both of the following, depending on the content: (1) A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Average building elevation shall mean a reference datum on the surface topography of a subject property from which building height is measured. The reference datum shall be a point no higher than five feet above the lowest elevation taken at any exterior wall of the structure either prior to any development activity or at finished grade, whichever is lower, provided the reference datum is equal to or lower than the highest elevation at any exterior wall of the structure prior to development activity. Average slope shall mean the average grade of land within each land area representing a distinct topographical change. Backfill shall mean material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. Building shall mean a roofed structure used for or intended for human occupancy. Building mounted signs shall mean all of the following: wall mounted signs, marquee signs, under marquee signs and projecting signs. Bulkhead shall mean a wall or embankment used for retaining earth. Business college shall mean a post secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computers. Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. -3- Change of use shall mean a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: ' : ~ ~' ~ © (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. Church, synagogue or other place of religious worship shall mean 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 shall mean those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class IIhome occupation shall mean those family child care homes that qualify under section 22- 1069. College or university shall mean 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 shall mean the placement and arrangement of multiple providers' antennae and equipment on a single support structure or equipment pad area. Commercial recreation facility shall mean 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 ora fee. Commercial use shall mean the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial zones shall mean the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities shall mean 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: -4- (I) 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 shall mean 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 shall mean 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 shall mean the interconnection of points having the same height above sea level. Convalescent center shall mean 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. Cross section (drawing) shall mean a visual representation of a vertical cut through a structure or any other three-dimensional form. Curb cut shall mean the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. Day care facility shall mean the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication shall mean the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted. Development activity shall mean any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Development permit shall mean any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Domestic animal shall mean an animal which can be and is customarily kept or raised in a home or on a farm. Domestic violence shelters shall mean housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other of the adult victim. -5- Dredging shall mean removal of earth and other materials from the bottom of a body of water or watercourse or from a wetland. Dredging spoils shall mean the earth and other materials removed from the bottom of a body of water or watercourse or from a wetland by dredging. Driveway shall mean an area of the subject property designed to provide vehicular access to a parking area or structure~iocated on the subject property. Dry land shall mean the area of the subject property landward of the high-water line. Dwelling ttnit shall mean one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following three types of dwelling units: (1) Dwelling unit, attached shall mean a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached shall mean a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked shall mean a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. Easement shall mean land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property. EMF means Electromagnetic Field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter shall mean the structure associated with a PWSF that is used to house electronic swit.ching equipment, cooling system and back-up power systems. Erosion and deposition shall mean the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water. Essentialpublicfacility is any facility or conveyance which has the following attributes: (I) It is typically difficult to site due to unusual site requirements and/or significant public opposition; -6- (2) (3) (4) It is necessary component of a system, network or program which provides a public service or good; It is owned or operated by a unit of local or state government, private or nonprofit organization under contract with or receiving government funding, or private firms subject to a public service obligation; It meets a general and/or specific category for facility types or individual facilities listed below in class I and class II essential public facilities. a. Class I: Facilities of a county, regional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, and which may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities may include, but are not limited to, the following: 1. State or regional education facilities (except minor branch facilities) a. Research facilities b. University branch campuses c. Community college 2. State or regional transportation facilities a. Light and/or standard rail lines b. Commuter terminals c. Transit centers d. Park and ride lots in residential zones 3. State or regional correctional facilities 4. Solid waste handling facilities (large scale) a. Transfer station b. Recycling center 5. Sewage treatment plants 6. Power plants b. Class II: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In any cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to the following: 1. Substance abuse facilities 2. Mental health facilities 3. Group homes/special need housing 4. Local schools a, Elementary school b. Middle school e.' High school 5. Social service transitional housing a. Domestic violence shelter b. Homeless shelter ¢. Work-release Excavate or excavation shall mean the mechanical removal of soils and/or underlying strata. Family shall mean an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal 'guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). Family chiM care home shall mean a business regularly providing care during part of the 24-hour day to 12 or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children are placed. Fast food restaurant shall mean an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) (2) (3) Limited menu of easily produced items. Orders are not taken at the customer's table. Food is served in disposable wrappings or containers. Fence shall mean a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. -8- Fill material shall mean dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. Finished grade shall mean the final contour of the land surface prior to landscaping. Floor shall mean the horizontal surface inside a structure des'igned and intended for human use and occupancy. Geologically hazardous areas shall mean areas which because of their susceptibility to erosion, land-sliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: a. Any area with a combination of: 1. Slopes greater than 15 percent; Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater seepage. b. Any area which has shown movement during the holocene epoch, from 10,000 years ago to present, or which is underlain by mass wastage debris of that epoch. Co Any are a potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. Those areas mapped as class u (unstable), uos (unstable old slides), and urs (unstable recent slides) by the department of ecology. go Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. -9* (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking~ slope ~i! .~e, settlement or soil liquefaction, or surface faulting, These conditions occur i:fi ii~fi~d~lain by cohesionless soils of iow density usually in association with a shallow groundwater table. (4) Steepslope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief often or more feet, a vertical rise often feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least ten feet of vertical relief. Glare shall mean both of the following: (1) The reflection ofharsh, bright light. (2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view. Government facility shall mean a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Grossfloor area shall mean the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. Ground floor shall mean the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. Group Home Type II shall mean housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under Group Home Type III in this section as a Group Home Type III, and any such home shall be sited according to the regulations contained within Type III classification. Group Homes Type II-A: Maximum number of12 residents including resident staff. Group Homes Type Il-B: Thirteen or more residents including residential staff. Maximum number to be determined on a case by case basis. The limitation on the number of residents in a Group Homes Type II shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). -lO- Group Homes Type III shall mean housing for adults that have been convicted of a violent crime against a person or property, or have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These individuals are under the jurisdiction of the criminal justice system or have entered a pre- or post- charging diversion program. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs. Such category does not include full- time detention facilities. Hardship shall mean a current or impending health condition which requires a person to live in close proximity to, and/or share housing with a caregiver. Hazardous waste shall mean all dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components (see RCW ch. 70.105). Hazardous waste storage shall mean the holding of dangerous waste for a temporary period (see WAC 173-303-040(85)). Hazardous waste treatment shall mean the physical, chemical or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see WAC 173~303-040(97)). Heat shall mean added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change. Heavy equipment shall mean high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower. Height of structure shall mean the vertical distance above the average building elevation measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. High density residential use shall mean attached or stacked dwelling units on a subject property which contains at least 1,800 square feet of lot area per dwelling unit but not more than 2,399 square feet of lot area per dwelling unit. High density residential zones shall mean the following zones: RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Home occupation shall mean an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs. Horizontal dimension shall mean the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure. Hospital shall mean an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal -II- physical or mental conditions; and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities. Hotel or motel shall mean a single building or group of buildings containing individual sleeping units intended for transient occupancy. Improvement shall mean any structure or manmade feature. Industrial use shall mean the uses allowed in the industrial zones and not permitted in any other zones of the city. Industrialzones shall mean the BP zoning district. Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance often feet on level pavement under its own power. Institutional uses shall mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. ina~.riotlc~n ,r aii-..~lar '-: --:- Irrevocable license shall mean a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used with respect to a decision of the director of community development services or a decision of the hearing examiner issued under this chapter, shall mean the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury. Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quasi-judicial capacity, shall mean the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution. Junk shall mean old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk or junked vehicle shall mean any vehicle substantially meeting at least two of the following conditions: (a) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission; (b) Is apparently inoperable; (c) Is without a current, valid registration plate. -12- ~lunkyard shall mean a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. Kennel shall mean an establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats. Land surface modification shall mean the clearing or removal of trees, shrubs, ground cover and other vegetation and all grading, excavation and filling activities. Landscaping shall mean the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Landward shall mean toward dry land. Linear frontage of subject property shall mean the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, linear frontage shall mean the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-way. Lot shall mean a parcel of land having fixed boundaries described by reference to a recorded plat; by reference to metes and bounds; or by reference to section, township and range. Low density use shall mean a detached dwelling unit on a subject property that contains at least 7,200 square feet. Low density zone shall mean the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2 and comparable zones in other jurisdictions. Major stream shall mean any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports a local or migratory fish population. Manufactured homes shall mean a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). Maximum lot coverage shall mean the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See section 22-946 et seq. for further details. Mean sea level shall mean the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. -13- Medium density use shall mean detached, attached or stacked dwelling units on a subject property which contains at least 3,600 square feet of i~ a~ ~'~r'dwelling unit but not more than 7,199 square feet of lot area per dwelling unit. Medium density zones shall mean the following zones: RS 5.0, RM 3.6 and comparable zones in other jurisdictions. Microcell means a wireless communication facility consisting of an antenna that is either: (i) four feet in height and with an area of not more than 580 square inches; or (ii) if a tubular antenna, no more than four inches in diameter and no more than six feet high. Minor facility means a wireless communication facility consisting of up to three antennas, each which is either (i) four feet in height and with an area of not more than 580 inches; or (ii) ifa tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream shall mean any stream that does not meet the definition of major stream. Moorage facility shall mean a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex shall mean all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Naturalfeatures shall mean physical characteristics of the subject property that are not manmade. Natural materials shall mean materials chemically unaltered from their natural state. Noise shall mean the intensity, duration and character of sound from any and all sources. Nonconformance shall mean any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the City of Federal Way through the appropriate decision-making process required under this chapter. Nonliving ground cover shall mean gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance shall mean normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. -14- Nursing home. See "convalescent center." Occupant shall mean a person that legally occupies a structure or property. Odor shall mean stimulus affecting the olfactory nerves. Office use shall mean a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions. Office zones shall mean the PO, OP and CP zoning districts. Official notification boards of the city shall mean the bulletin boards in the public areas of city hall and other public locations as designated by city council. On-site hazardous waste treatment and storage facilities shall mean facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if: (1) The travel crosses the right-of-way at a perpendicular intersection, or (2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Open record hearing shall mean a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space shall mean land not covered by buildings, roadways, parking areas or other surfaces through which water can not percolate into the underlying soils. Ordinary high-water mark shall mean on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a -15- Character distinct from that of the abutting uplands; provided that any tidal area where the ordinary high- water mark cannot be foUnd based on the preViOUs text ofthig definition, the ordinary high-water mark shall be the line of mean high tide. · Outdoor shall mean not contained within a building. Outdoor storage shall mean any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. Owner shall mean, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Parking area shall mean any area designed and/or used for parking vehicles. Parking space shall mean an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. Person shall mean any individual, partnership, association, corporation, unit of government or any other legal entity. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Personal wireless service facility (PWSF) means a wireless communication facility, including a mieroeell, that is a facility for the transmission and/or reeeiption of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Preapplication conference shall mean a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations. Primary dwelling unit shall mean the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage. Primary vehicular access shall mean the major street from which the majority of vehicles enter the subject property. Principal use shall mean the primary or predominant use of any lot or parcel. , ................ ~ o,~ ............... a ~,;gr, ar.r, our, c;ng. :c~,~- even:, ~;~c,.or cc, ndld~,n of -16- Private club shall mean an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. Property line shall mean those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of-way which is more than 21 feet in width, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section. If the subject property is not adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the director of the department of community development. (2) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (3) The side property line is any property line other than a front property line or a rear property line. Public park shall mean a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility shall mean the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director shall mean the director of the department of public works of the city. the si~n is ,~%.t~u. -17- Regulated lakes shall mean the following wetlands as shown in the King County Wetlands Inventory Notebooks, Volume 3 South: (I) Lower Puget Sound6, 7, 12, 15, 16and 17. (2) Hylebos 2, 1 !, 13 and 16. Regulated wetlands shall mean those areasthat are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas, with the exception of the following areas shown in the King County Wetlands Inventory Notebook, Volume 3 South: (1) Lower Puget Sound Beach; (2) Lower Puget Sound 1 and 51; and (3) Areas defined as a regulated lake. Methodology in the January 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands and subsequent United States Army Corps of Engineers regulatory guidance letters will be used for regulatory delineations of wetlands within the city. Although a site specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Relative shall mean persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yards sha[l mean the areas adjacent to and interior from the property lines and high- water mark of a lot. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Required yards are categorized as follows: (1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the. required rear yard depth. (3) High-water line yard. That portion of a lot adjacent to and parallel with the high-water mark and at a distance landward therefrom established in.this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth, Ail required yards not otherwise categorized shall be designated side yards. Residential use shall mean developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. -18- Residential zone shall mean the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern shall mean commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. Retail establishment shall mean a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales, bulk shall mean a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (a) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (b) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (c) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking to building ratios. Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public. Right-of-way shall mean land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-of-way realignment shall mean the changing of the horizontal position of the improvements in a right-of-way. Roofline shall mean the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. Runoff shall mean the overland or subsurface flow of water. Schools shall mean institutions of learning, excluding those offering post secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools. -19- Shared access points shall mean a common point of vehicle access from a street to more than one lot or use. Significant natural vegetation shall mean any area containing a concentration of significant trees; any area' of significant biological importance; and any area containing dense, mature, native vegetation. Significant trees: A significant tree shall be defined as: (1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g. is not diseased, dying, or likely of falling into public open space or right, of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. [add diagram from pg 1628.3 here] Silt or sediment shall mean the soil particles mobilized and deposited by the processes of erosion and deposition. Single housekeeping unit shall mean an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than three persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not - 20 - be applied if it prohibits the city from making reasonable accommodations to disabled person in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). Single-use building shall mean a building which contains one use. Small animals shall mean dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Social service transitional housing shall mean facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the family definition, may be permitted outright in all residential zones. Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. Type B: All social service transitional housing not meeting the definition of"Type A," above. Maximum number to be determined on a case by case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). Special needs housing shall mean housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as determined by the director of community development services. State environmentalpolicy act shall mean RCW ch. 43.21C. Storm drainage shall mean the movement of water, due to precipitation, either surficially or subsurficially. Story shall mean the area or a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream shall mean a course or route, formed by nature, including those modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. Street shall mean both of the following: (1) A public right-of-way. (2) A vehicular access easement or tract. -21 ~ Street providing direct vehicle access shall mean the street from which a vehicle can enter the subject property without traversing another street or piece of property, In the ease of a muitiuse complex, the street providing direct vehicular access ~ tko ext~rio~ street that borders the complex and not an internal-street surrounded by the complex. Structure shall mean anything which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Structural alterations shall mean any change in the supporting member of a building or structure. Structured parking shall mean parking provided on more than one level and within a structure, either above-or below-grade. Structured parking shall not include a surface parking lot. Subject property shall mean the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place. Support structure shall mean any built structure, including any guy wires and anchors, to which antenna and other necessa~ associated hardware is mounted. Support structues may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists ora single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Tenant improvement shall mean any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. ThreshoM determination shall mean the decision by the responsible official (the community development services director) whether or not an Environmental Impact Statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). Topsoil shall mean the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Trade (or vocational) school shall mean a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics, construction, electronics, plUmbing, chefs, upholstery, bartending. - 22 - Traffic control devices shall mean signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. Use shall mean the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in sections 22-596 through 22-878 is a separate use. Vehicle service station shall mean a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area shall mean an outside area which is used for the storage and/or display of operational vehicles. Vehicular access easement or tract shall mean privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. Waterward shall mean toward the body of water. Well head shall mean the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wholesale trade shall mean a commercial establishment which sells to retail establishments. Zones shall mean use zones as described in sections 22-596 through 22-878. Zoning map shall mean the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43, § 2(3.10), 2-27-90; Ord. No. 90-51, 38 1, 2, 3-27-90; Ord. No. 91-87, 88 2--4, 2-5-91; Ord. No. 91-92, 8 4, 4- 16-91; Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord. No. 91-113, § 3, 12-3-01; Ord. No. 94-223 § 3(A), 10- 18-94; Ord. No. 95-245, § 3(A), I 1-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, 8 3(A), 7-2-96: Ord. No. 97-295, § 3, 5-20-97; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord. No. 97-307, § 3, 12-16-97) Cross reference(s)--Definitions and rules of construction generally, § I-2. - 23 - Exhibit B Federal Way ,City Code Sec. 22-335. Nonconforming, signs. Sec. 22-335. Nonconforming signs. (a) Purpose. In order to ease the economic impact of this code on businesspersons with substantial investment in signs in existence on the date of adoption of this code, this section provides for up to ten years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this ten-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597 which was legally in existence on the effective date of this code, February 28, 1990 but which does not comply with the sign regulations of Article XVIII, "signs" or any other sections of this code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in sections 22-1 and 22-1597 of this Code. (c) Legal nonconformance. Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (i) The sign was covered by a sign permit on the date of adoption of this code, if one was required under applicable law; or (ii) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. Required A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in FWCC 22-335(E). (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the code, including proof of the date of installation of the sign. O) Failure to comply. A legal non~f~i~g ;'ig~f°r which no permit has been issued within the 60-day period shall within six months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of section 22-1604. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within ten years from the effective date of this code, on or before February 28, 2000, and all signs which are made nonconforming by a subsequent amendment to this code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this code, with a permit obtained, or be removed. A sign prohibited pursuant to section 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism.by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any when a hardship would result from its enforcement. (3) Who may apply, the property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (a) The sign is compatible with the architectural design of structures on the subject property. (b) The sign substantially, complies with the requirements of the sign code for.the land use district in which it is located. For purposes of this subsection, "substantial compliance" shall mean that the height of the sign is within ten percent of the sign height required by Article XVIII of this code and that the sign area of the sign is within 20 percent of the sign area required by article XVIII of this code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; (c) The enforcement of this code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial -2- economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990 and June 6, 1995 in compliance with the existing sign code. (d) The sign complies with the city's minimum sign distance at intersection requirements pursuant to section 22-1151 et seq.; (e) If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; (f) It is consistent with the city' comprehensive plan; and (g) It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an application for a sign amortization exemption or extension through Process |, A--rtiete-~ of this code. (g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated; (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County Assessor; (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days; (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by section 22-1 of this code. -3- (6) Change in tenant. There has beona ~g~ irt~tenant or business on the subject property. In connection with any multiuse or multitenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner's or tenant's building mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through Process II, Article VII of this c~e, if the sign is determined to be of historic significance by satisfying ali of the following criteria: ,:: ~ (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial .installation; (3) subjectsign orsig~ are a 8ood,~ple of the prevailing signage during the period in The time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Exemption. The city may elect not to apply any provisions of this section 22-335 if the removal of a sign would require the city to pay compensation under any federal, state or other law, including RCW ch. 47.42. (Ord. No. 90-43, § 2(165.35(5)), 2-27-90; Ord. No. 91-113, § 4(165.35(5)), 12-3-91; Ord. No. 92-135, § 3(165.35(5)), 4-21-92; Ord. No. 92-144, § 3(165.35(5)), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3, 12-16-97) Cross reference(s)--Sign regulations, § 22-1596 et seq. -4- Exhibit C Federal Way City Code Article XVIII. Signs ARTICLE XVIII. SIGNS* *Editor's note-Ord. No. 95-235, § 4, adopted June 6, 1995, deleted former Art. XVIII, §§ 22-1596-22-1619, relative to signs, and enacted a new Art. XVIII to read as herein set out. The provisions of former An. XVIII derived from Ord. No. 90-43, § 2, adopted Feb. 27, 1990. Cross reference(a)-Sign, code and construction standards, § 5.281 et seq.; signs in parks and recreation ar=as restricted, § 1 !-85; sign nom:onformancc must bc immediately brought into conformance with thc applicable provisions of the zoning regulations, § 22-330; requirements for conformance of nonconforming signs, § 22-335; district regulations, § 22-571 ct seq.; supplementary district regulations, § 22-946 ct seq.; required screening for rooftop appurtenances, § 22-960; site distance requirements at intersections, § 22-1151 et seq. Sec. 22-1596. Purpose. It is the purpose of this article to balance public and private needs. Within this broad purpose are the following objectives: (1) Recognize the visual communication needs of ali sectors of the community for identification and advertising purposes; (2) Promote a positive visual image of the city and protect property values by 1) encouraging signs that are appropriate and consistent with surrounding buildings and landscape in both scale and design, appropriate to the size of the subject property and the amount of sweet frontage adjacent to the subject property, and appropriate in relationship to the size of the building, and 2) discouraging excessive numbers of signs; (3) Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs; (4) Support and enhance the economic well-being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; (5) Assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement; (6) Consistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic values of the community, and that the unrestricted proliferation of signs can and does detract from the economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; and (9) (Ord. No. Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights-of-way. 95-235, § 4, 6-6-95) Sec. 22-1597. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (l) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administrator means the director of community development or his/her designated representative. (3) Animated or moving sign means any sign that uses movement, by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene. Architectural embellishments - signs means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, iogos, graphics, Or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. Awning means a shelter projecting from and supported by the exterior wall of the building and are constructed of a non-combustible framework and covered by a flexible or non-rigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. Awning or canopy sign means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also ("marquee sign.") Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "inflatable advertising device.") Banner means a sign made of fabric or any nonrigid material with no enclosing framework. Billboard means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, government signs, or instructional signs. (lo) Building mounted signs means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting signs. -2- (I!) .... Cabinet si_tm mq. ans.a ~.ign. eon~t~ma~.ha~, rigid maleriai, or framework over or within which is ,~:ure4...~e sign copy, text graphic.s, or other sion elements. Cabinet signs may have either interior or exterior, illun~inlltion. (12) .... Canopy.- building means a ri~L multi-sided structure ~.overed with fabric, metal, or other material and supported by a building at one or more points or extremitie.s, and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent _mrapet or roof of the supporting building is not included within the definition ora building canopy. (!3) Canopy -freestanding means a rigid, multi-sided structure covered with fabric, metal, or other material and su0ported by one or mom posts embedded in the ground, '(-9-) (14) Canopy sign. S~ awning or canopy sign. . Center identification sign means a building mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. Changeable copy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign. supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign. (-~ (t 7) City means the City of Federal Way, a Washington municipal corporation, unless the contoxt clearly indicates otherwise. (18) Clear~iewzone means the definition set forth in section 22-1511 et seq. of this code for intersection sight distance requirements. (+4-)(19) Community service event or civic event means an event or gathering. (such as a food (est, concert, fun run ............... ~, cultural exhibition, or charitable fund raising event) sponsored by a private or public non-profit organization_. Sponsoring organizations ca.n include, but are not limited to, :_A,..a: ..... LAA' .......... t5 ........ schools, churches, or-and/or civic fraternal organizations, theater and .art4. groups, and charitable organizations. The event may not b._~e primarily for the purpose of selling or promoting merchandise or services. (+~-)(20) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. ConsLxuction signs ..also include ~'Coming s.0on" and "Open During Gonstruction' signs. ~ (21) Copy means the graphic content of a sign surface in either permanent or remOvable letter, pictographic, symbolic, or alphabetic form. -3- (-1-7-) (22) Directional sign, on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (-1-8-) (23) Electrical signs means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (4z)-)(24) Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (-2-O-)(25) Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building mounted signs. (-E-b) (26) Facade means the entire building front including the parapet. (-2-2-) (27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (--2-30 (28) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (~24-)(29) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. {~\ ~,..,j (30) . Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." (26) (31) Frontage means the length of the property line along any public right-of-way on. which it borders. (--2-7-) (32) Frontage, building means the length of an outside building wall on a public right-of-way. (33) Fuelprice sign means a sign displaying the price of fuel for motorized vehicles. (34) Graffiti means the inscription of symbols, works, or pictures by painting, spray painting or other means of defacing public or private property. (35) Grand Opening means a promotional activiW used by newly established businesses to inform the public of their location and services available to the community. A Grand Opening does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. -4- (~}6) Ground mounted sittn shall mean a i;~iestal sign. _Dole, pylon, monument sign, or. any sign pernmanenfly ai~-u~ed to the ~~'~e~, 650} (3 7) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (3 l) (38) Height (ofasign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (39) Identification sign: A sign whose copy is limited to the name and address cfa building, institution, or person and/or to the activity or occupation being identified. (-3~3-) (40) Identification sign (subdivision): A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (41) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (42) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (-36-) (43') . Inflatable advertising device means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. __ Instructional sign means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (45) Integral sien shall mean a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (46) Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (3')-) (47) Maintenance means the cleaning,~painting~ and minor repair of a sign in a manner that does not alter the basic ~ design, size. height, or structure of the sign. (40-) (48) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-like projeering structure attached to a building. (49) Menu Board means a permanently mognted sign advertising the bill of fare for a drive-in or drive-thru restaurant. -5- (52) (44-)(53) (4-5-) (54) (46)(55) (4-7-) (56) (49-) (58) (59) (60) (-5-2-)(61) Monument sign means a freestanding sign supported permanently upon the ground by a solid base ~-~' ....... s ......... base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in 22-1602(C)(2), Figure 8.) Multi-tenant complex means a complex containing two or more used or businesses. Multiuse complex means the definition of"multiuse complex" set forth in section 22-1 of this code o,., Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. . Nameplate means a nonelectric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. . Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. Off-site sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. . Person means any individual, corporation, association, firm, partnership, or other legal entity. Pedestal means freestanding signs supported permanently upon the ground by c, nc or ,,'norc by a solid base ba3c3 of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base '"'~:~u ~- ..... ~- .... shall be equal to at least fifty percent of the sign width: (See drawing set forth in section 22-1602(43)(C)( 1 ), Figure 6.) Point of purchase display or sign means an advertisement for advc~i3ing c~f an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g. an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). -6- Pole orpylon signs means freestanding signs supported permanently upon the ground by poles or braces ofmateria~t~h~a~.bri~ stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary_ structure on the subiect _oro_oerty and not attached to any building (See drawing set forth in section 22- 1602(-19-)(C)(1), ~Figure 7.) (63) Political sign means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (55) (64) Portable sign means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (65) Pre-opening si_tm shall mean a temporary sign which identifies a new business moving into a n~w tenant spaco or building. The sign must include the name of the business and eo_ov statino the business will open soon (e.g. "Coming Soon..." "Opening Soon...", etc.). (--56-) (66) Private advertising sign means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (67) Private notice sign shall mean a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." (--5-7-) (68) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. (69) Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. (70) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property. (-60-) (71) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (619 (72) · . Roof sign means any sign erected, constructed, or placed upon, over, or above the eaves or on the roofofa building or structure, excluding signs affixed to the face of a mansard style roof, and which is wholly or in. part supported by the building. (-6-2-) (73) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters~ numbers, symbols, ~raohies. graphic designs, figures, Iogos, ~ trademarks~ and/or written copy for the purpose of: a) providing information or directions; or b) -7- promoting, identifying~ or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys~ and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. Ifa painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (-63-)(74) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design,,,.t ..... LL,., o, figures, Iogos, o: ....... , trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. (-c:,4-)(75) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design,',,.[~,.,o, figures, [ogos, ~ .... t._~ o2 ........ trademark and/or written copy is placed. (76) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (-66-) (77) Temporary sign means a sign not constructed or intended for long-term use. (6-7-) (78) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. (68-) (79) Time and temperature sign means any sign that displays the current time and temperature, without any commercial message. ff,9~(8o) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90 degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (81) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. ~cO-) (82) Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (83) Warning signs mean any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." -8- (-7-2-) (84) Window signs mean all signs located inside and affixed to a window and intended to be viewed from the exterior of:thest£Ucture, (Ord. No, 95-235, § 4, 6-6-95) Sec. 22-1598, Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered at~er February 28, 1990, and all such signs must comply with the requirements of this chapter. (Ord. No, 95-235, § 4, 6-6-95) Sec. 22-1599. Permits. A. Permit requirements. No sign governed by the provisions of this code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to section 22-1599(C). An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this code, do not conform with this code's requirements may be eligible for characterization as nonconforming signs and for nonconforming sign permits under Section 22-335 of this code. B, Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to insure compliance with this code. C. Permit exviration and inspection. All si_~m ~rmits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. Alt signs for which a permit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. ~.. D._:. Permit exceptions. (I) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such Signs shall comply with ali of the following requirements: (a) Address identification with numbers and letters not more than ten inches in height. (b) Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two.displays are permitted per site. -9- (c) Barber poles. (d) Construction signs so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and ten feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming soon" or "Open During Construction" sign per site entrance is also permitted. (e) Directional signs. On-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi- tenant complexes. Single tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. (0 Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size and bu~t not larger than 40 square feet in size. (g) Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. (-i-) (h) Gravestones or other memorial displays associated with cemeteries or mausoleums. O-) (i) Historical site plaques and signs integral to an historic building or site. (-kO (i) Holiday decorations displayed in conjunction with recognized holidays. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. (-m-) (1) Instructional signs that do not exceed six square feet in area per sign face. ~ (m) Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. (n) Integral signs when no more than one per building. (o) Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. -10- Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site}. ~,. Nameplates not to exceed two square feet per sign face. Non-blinking small string lights which are part of decoration to be used in association with landscaped areas and trees. Point of purchase displays. Point of pumhase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under article 2, division 8 of this code. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. (v) Private notice signs. (nO (w) Real estate signs. (1) Off-site. The number of off-site real estate signs shall be limited to six per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. (2) On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. Temporary business signs for temporary business defined by section 9-386 of this code; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be -24 32 square feet per sign face. Under canopy signs not exceeding the width of the canopy and eight square feet in size and provided that a minimum separation exists between such signs equal to 20 lineal feet or more. -il- (-x-) (z) Warning signs. (-y~) (aa) Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on-site, business identification, hours of operation, address, and emergency information. ~. E_. Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table l, "Allowances for Temporary and Special Signs--Permit Required." F. Government signs. The location, number, and content of signs used to identify government facilities must comply with the standards for commercial signs in that zone and be appropriate to the use. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. E::. G._=. Residential Zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones--Permit Required." F-:. H_~. Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration unless the sign is expressly exempt from such registration requirements. All signs exempt from the permitting requirements set forth in section 22-1599 shall be exempt from the registration requirements. The sign registration shall be issued in connection with a person's business registration pursuant to section 9-29 of this code or issued after the city has independently obtained the dimensions of the sign and other necessary information. Sign owners or users who, on the date of adoption of this code, have current business registrations are not required to apply to register their signs until the next renewal of their business registration. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. No permit fees will be charged in connection with such sign registrations. The city will assign a registration number to each sign upon issuance of the business registration; and approval of a sign registration application, e,r upton '~-~ ^:'-' :-~ .... ~--'"' -~"~:-:-- '~'- ...................... : sign. The city shall affix the registration sticker containing the registration number to the face of the permitted sign. Upon issuance of a registration, the city will advise an applicant if his/her sign is in compliance with this code, is a legal nonconforming sign pursuant to section 22-335, or an illegal nonconforming sign pursuant to this code. C~. I_. Bond. The city may require a bond under section 22-146 et seq. to ensure compliance with any aspect of this article. Sec. 22-1600. Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to section 22-1604 of this chapter: (a) Abandoned or obsolete signs. -12- (b) Animatexl or moving signs. (c) Banners, except as expressly allowed purSuant to Table I and section 22-1599(c)(2)(f) of this code. (d) Billboards. (e) Dilapidated, non-maintained signs. (0 Flashing signs, except electronic changeable message signs or changeable copy signs. (g) Graffiti. (h) Inflatable advertising devices, except as expressly allowed in section 22-1599(E). (i) Mylar balloons. (j) Obstructing signs which obstruct or interfere With free access to or egress from a required exit from a building or structure. (k) Off site signs except those expressly allowed in this chapter. (40 (!) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this code. (-t-) (m) . Portable signs except as expressly allowed in section 22-1599(C)(2). (-nO (n) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e. features such as indoor pool, hot tub.~a¢~zzi, tubs, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.) (-fl-) ~o)Right-of-way signs including any sign in a public right-of-way except governmental signs. (-e0 ~ Roof sign. (-p-) ~ Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. ~ (r) Snipe signs. (-P) fs~ Vehicle signs including any sign attached to, or placed on a parked vehicle or trailer used 'principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business. ((::)rd. No. 95-235, § 4, 6-6-95) -13- .< 0 0 0 Z .< © ...2' Sec. 22-1601. Signs in non-residential zoning~districts. A, Freestanding signs. All pPermit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. (1) High profile sign. (a) Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: (i) A minimum of 250 feet of frontage on one public right-of-way; (ii) A zoning designation of City Center Core (CC-C) or City Center Frame (CC-F), or Community Business (BC); (iii) A multiuse complex; and (iv) A minimum site of 15 acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (i) Pylon or pole signs; provided, however, that an'~ pylon or pole sign must have more than one pole or structural support; (ii) Pedestal signs; (iii) Monument signs; (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A high profile sign shall not exceed the following maximum heights: (i) Pylon or pole sign--Twenty-five feet. (ii) Pedestal or monument signs--Twelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet. (iii) Tenant directory or kiosk signs--Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. -17- (d) Sign area. A high profile sign shall not exceed the following maximum sign areas: (l) Pylon or pole sign--Four hundred square feet for the total of sign faces with no one sign face exceeding 200 square feet. (ii) Pedestal or monument signs--One hundred twenty-eight square feet for the total of all sign faces with no one face exceeding 64 square feet. (iii) Tenant directory or kiosk signs--Fi~en square feet per sign face. (e) Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: (I) Pylon or pole sign--One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of- way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; (ii) Pedestal or monument signs--If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(I). In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and (iii) Tenant directory or kiosk signs--One sign per frontage on a public right-of-way. (2) Medium profile sign. (a) Criteria. A subject property that does not qualify for a high profile sign pursuant to section 22-1601(A)(1) and is not a low profile sign by being zoned Office Park (OP) or Professional Office (PO) pursuant to section 22-160 l(A)(3) is permitted a medium profile freestanding sign. (b) Sign type. The following sign types are allowed for a medium profile sign: (i) Pedestal signs; and (ii) Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. The height of a medium profile sign shall be calculated at the rate of .75 feet in the sign height for every ten lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign -18- height for every ten lineai~o~'~ on a public right-of-way for any multi-tenant complex and provided, further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. (d) Sign area. For any multi,tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 6,; square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of S0 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. (e) Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign. (3) Lowprofile sign. (a) Criteria. A subject property located in the Office Park (OP) or Professional Office (PO) is permitted a low profile freestanding sign. (b) Sign type. The following sign types are allowed for a Iow profile sign: (i) Pedestal signs; (ii) Monument signs; and (iii) Tenant directory signs. Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A low profile sign shall not exceed the following maximum heights: (i) Pedestal or monument signs--Five feet. (ii) Tenant directory signs--Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. (d) Sign area. (i) Pedestal or monument signs--Sign area allowed for a Iow profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right- of-way; provided, however, that a Iow profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on each perm ired sign with no -19- one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. (ii) Tenant directory signs--Fifteen square feet per sign face. (e) Number of signs. A subject property qualifying for a Iow profile sign may have the following maximum number of signs: (i) Pedestal or monument signs--One sign per frontage on a public right-of-way; and (ii) Tenant directory signs--One sign per frontage on a public right-of-way. (4) Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using Process st III. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the applicants were one multi-tenant complex. B. Building mounted signs. (1) Sign types. The following may be building mounted signs and are allowed in all non- residential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; (f) Electronic changeable message signs; (g) Instructional signs; (h) Marquee signs; (i) Projecting signs; (j) Tenant directory signs; (k) Time and temperature signs; (l) Under canopy signs; and - 20 - (m) Wall mounted signs. Any building mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall mounted signs. No one sign may exceed seven percent of the of the exposed bu. ilding face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall mounted center identification signs: Largest Exposed Building Face Maximum Number of Signs Less than 999 sq. ft. 2 1,000 -- 2,999 sq. ft. 3 3,000 -- 3,999 sq. ft. 4 4,000 and over sq. ft. 5 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an A-n-applicant i3 nc,: ~c,r~,¢d :c, :ransfcr -: ........ ,~..,-.-.~ ............... ~- .... :__ ,~, c ...... t...:,J:__ ~- ......... L__ ~.... is allo ed to move allotted signs, as calculated in subsection (4), from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building mounted signs subject to the size and separation requirements set forth in section 22- 1599(C)(2)(w) of this Code. -21 - C. Sign area multipliers. The sign area and sign number allowed, as set forth in section 22- 1601(A)(l)(d) for high profile signs, (2)(d) for medium profile signs, and (3)(d) for low profile signs and section 22-160 I(B)(3) for building mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96) Sec. 22-1602. Construction standards. A. Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guywires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. B. Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than three feet from the subject property line in all other zones. C. Dimensional and design standards. (1) Pedestal, pole orpylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs: A > = 50% of B A > -- 50% of D B = HE1GHT OF SIGN (Maximum Height -- Sec. 22-1601 ) C > = 20% of B - 22- Figur~ 6~. Type A Pedestal B = HEIGHT OF SIGN (Maximum Height -- Sec. 22-1601) C > = 20% of B E > = 4 INCHES Figure 7 -- Type B Pol~ or Pylon Sign ,(2) Monument signs. The following figures illustrate the dimensional standards for monument signs: Figure 8 -- Monument Sign A: MAXIMUM HEIGHT OF SIGH PER SEC. 22-1601 B: MAXIMUM = 200% OF A C: MINIMUM = 20% OF A D: EQUAL TO 100% OF B (3) Design criteria. (i) Sign base: The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to the administrator's approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. (ii) Sign face: The color, shape, material, lettering and other architectural details of the sign face must be harmonious with the character of the primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator if he or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face. D. Location. No sign shall be so located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from buildings or parking areas. No sign shall be located within the clearview zone. - 23 - E. Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not require more than 200 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or decorative framing. At the time of planting, a minimum of 50 percent of the required landscaped area should be planted with low shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered. Such plantings can include, but are not limited to, evergreen shrubs, deciduous shrubs, vines, and ground cover or grasses. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case by case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under article XVII, landscaping, of this code. F. Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following: (1) Any exposed incandescent lamp with a wattage in excess of 25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (8) All illumination for externally illuminated signs must be aimed away from nearby residential uses and on-coming traffic. G. Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements: (1) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs. - 24 - (2) The distance between a gigh arid a'lSrOperty line shall be measured along a straight line representing the shortest distance between the sign and the property line. (Ord. No. 95-235, § 4, 6-6-95) Sec. 22-1603. Variance from sign code. A. Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application for a variance from the provisions of the sign code. B. Required review process. The city will review and decide upon applications for a variance to any of the provisions of this article using Process IV, Article VII of this Code. C. Criteria. The city may grant the variance only if it finds all of the following: The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property; (2) A sign package consistent with the provisions of this article would not provide the use or the business with effective signs; (3) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; (4) The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses which wish to use a standard sign; (5) The special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and (6) The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is located. D. Conditions and restrictions. As part of any variance approval of a request under this section, the city may impose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable city regulations then in effect. The city may also require a performance bond under section 22-1599(H) to insure compliance with any such condition or restriction. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 97-291, § 3, 4-1-97) -25 - MEETING DATE: September 7, 1999 ITEM// CITY OF FEDERAL WAY City Council AGENDA ITEM · CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS ,HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Committee action form dated August 17, 1999, Fee Schedule, Allocation of City Fields SUMMARY/BACKGROUND: Prior to the May opening of Celebration Park, the City received requests from youth leagues to use the ballfields. Per Council's request, the Parks and Recreation Commission formed a committee for policies and procedures and they have reviewed the usage policies adopted as part of the revenue expectations and current field allocation for all youth sports among the City's six park facilities. On August 5, 1999, the Parks and Recreation Commission moved to approve the committee's five recommendations for field use and fee policies at Celebration Park. The five recommendations do not reduce the budgeted revenue expectations for Celebration Park. The recommendations do provide for scheduling of the batting fields for youth exclusively during the months of March and April. Please refer to the committee action report dated August 17, 1999 for the complete list of the five recommendations for fee and use policies for Celebration Park. CITY COUNCIL COMMITTEE RECOMMENDATION: On AuguSt 23, 1999, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to approve the Parks and Recreation ....... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) ,,, I~em 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: August 17, 1999 Jennifer Schroder, Director Parks, Recreation and Cultur/a~Services Department / Field Usage Policies at Cele/bration Park Background: Prior to the May opening of Celebration Park, the City received requests from youth leagues to use the ballfields. Per Council's request, the Parks and Recreation Commission has reviewed the use policies for Celebration Park. The Parks and Recreation Commission's Subcommittee for Policies and Procedures reviewed the usage policies adopted as part of the revenue expectations and current field allocation for all youth sports among the City's six park facilities. Parks and Recreation Commission Recommendation On August 5, 1999, the Parks and Recreation Commission moved to approve the committee's five recommendations for field use and fee policies at Celebration Park as follows: Celebration Park be treated as a stand-alone entity for budgeting objectives. All operating costs and revenues generated by the park as a result of the fees and usage should be reported in a separate cost/expense report, designated exclusively for Celebration Park. By keeping all costs and revenue associated with the park account, the City will be able to better track expenses and revenues associated with the park. Maintaining top quality facilities, as constructed, will ensure an attractive and well-managed facility. Continue the policy to allow scheduling of tournaments for 1999 and 2000. Tournaments that have been scheduled for the past five years consecutively whose directors and organizers are in good standing may be considered to have the first option of scheduling tournaments at Celebration Park. , ,~ ~ Continue a usage and fee schedule to reflect the needs of the community while keeping in mind the world class tournament quality of Celebration Park. and its maintenance needs. The usage and fee schedule needs to be reviewed annually to ensure that the level of maintenance is balanced with usage schedules (see Attachment A). Parks, Recreation, Human Services& Public Safety Council Committee August 17, 1999 : The Celebration park Policies and Procedures Subcommittee will continue to review other revenue opportunities and futura park needs, specifically advertising, signage, rental for large community or special events and additional park amenities. Schedule youth use of the batting fields in March and April. Youth for this policy include the following youth organizations in the Federal Way area (i.e., within the city limits or the Federal Way School District): Federal Way National Little League, Federal Way Girls Fast Pitch, Federal Way American Little League, and Steel Lake Little League. The age group using the batting fields must play in a division, which uses a 65-foot or shorter base length. Hours of use will be Monday through Friday, 5:00 p.m. to 9:00 p.m. in March and Monday through Thumday, 5:00 p.m. to 9:00 p.m. in April. Fields will not be used on Fridays in April to make them available for tournament use. City shall conduct regular and periodic inspections of field conditions to ensure world class tournament quality fields, a 5 o ~ (ff,',~ C: oqstr u~-~ d Fields will not be used on weekends to reduce early spring overuse. No mounds will be installed. The City of Federal Way staff will do all field prep work. Only City of Federal Way equipment will be used to maintain the fields. Restrooms will be open. Concession services may be offered, but not guaranteed. Use of lights will be charged at a rate that will pay for direct costs of energy consumption. The hourly charge will be established on an annual basis. Council Committee Recommgn0aflon Motion to approve the Parks and Recreation Commission's five recommendations for field and use policies at Celebration Park. APPROVAL OF 'CO1VEMI~TTEE I~PoRT: I Co mittee chair * ) C~'mm,ttee Member Committee Member Attachment "A" FEE SCHEDULE Field Use Fees- Steel Lake, Saghalie, Lakota, Sacajawea) YOUTH ADULT Application Deposit Fee (Applied towards remaining balance) $ 100.00 $ 100.00 (tournament only) Soccer League $ 5.00 hr. $ 22.00/gm Soccer Tournament Softball/Baseball League Softball/Baseball Tournament $ 75.00 per site/ $ 100.00/fid/day per tournament $ 5.00 hr. $ 20.00/gm 2 fields 1 day 2 fields 2 days 2 fields 3 days* 3 fields 1 day 3 fields 2 days 3 fields 3 days* 4 fields 2 days * Fri, Sat, Sun Celebration Park Softball Complex Soccer Complex $ 75.00 persite/ $ 250.00 pertournament $ 350.00 .... $ 390.00 " " $ 375.00 .... $ 525.00 " " $ 575.00 .... $ 650.00 $ $ 600.00Weekend 400.00Weekend $1200.00Weekend $ 800.00Weekend Practice * Youth Sports Camps 10% of gross receipts $ 5.00 hr OtherFees ALL GROUPS Lights Install and Remove Mound Install and Remove Fence Schedule Change Fee Litter removal fee $ 7/hr $ 300/each $ 100/each $ 10 pernotification 250.00 Please make checks payable to: City of Federal Way I:\FIELDS\REQUEST.PAK REVISED 10/22_/98 AllocatiOnpark of City OwneduserFieldSGroup . . ~ Jr. Foot~, cYO ~ Steel Lake Utile L National Lttae L ue $__,~! £_,..m~ ~ Youth FW Jr. Football cYO Boys and Girls Club FW Gids Fast Pitch s~~ ue American Lit~ L ue FW Parks andP. ec. Tournaments .c¥o FW Parks and Rec. Leagues -~'"" ...... FW Youth .... · ..... FW Jr. Football cYo Boys and Gids Club FW Gids Fast Pitch Steet Lake Little League NaUotml Little League FW Parks and Rec. L ,eagues FW Parks and Rec. Toumaments IFW Jr. Football cYo -- FW Girls Fast Pitch : National Lime Lea ue __ American Little L ue FW Pan~s and Rec. Leagues Stea/Lake ~5 FW Youth Soccer FW Jr. Football 6o~ and Girls Club FW Girls Fast Pitch Steel Lake Little i National LitfJe League Amedcan Little League FW Parks and Rec. Leagues FW Parks and Rec. Tournaments MEETING DATE: September 7, 1999 ITEM# ~/~ CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI , RESOLUTION STAFF REPORT ,PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY~BACKGROUND: On December 17, 1997, the City contracted with Stan Palmer Construction, Inc., to construct Celebration Park as approved by the City Council. The final construction .cost for the park is $9,136,049. The project is substantially complete, including additional work to clean up Wetland Z. The clean up expense is $200,000. A lawsuit seeking contribution for the remediation cost has been filed by the City Attorney. In addition, the City will also be receiving reimbursement for over- sizing the water system as agreed by Lakehaven Utility District. Finally, the City will be seeking reimbursement of approximately one-half or more of the $200,000 capital facilities charge paid to Lakehaven Utility District, given that the District's analysis demonstrated that the fee charged to the City (and possibly others) overcharged for costs of the District's existing system. The attached spreadsheet provides a breakdown of the project budget and expenses to date. Staff recommends final acceptance of CITY COUNCIL COMMITTEE RECOMMENDATION: On August 23, 1999, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to accept the Celebration Park ,..P..rpj.~.t..~...c...o....m.p.!..e..t..e......an...d....f..°.~..aL.d...t.p..~.~..~..'~..°.~.c.~!L.f..°..r....a.pp.r..°....v..a.~!: .................................................................. ............................................... CITY MANAGER RECOMMENDATION: App.rqval o.f committee recommendation, except for the reimbursement items discussed above, t~- , i';12 ~,' ~;:~. .............................................................................................................. ,/.,~....%..e~. J,.;....;....t~......a ................................................. ................................................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I :\COVERCC-5/14/96 CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: / August 20, 1999 / / David Wilbrecht, Deputy Director ~epartm Parks, Recreation and Cultural Servibe~s ent Final Acceptance/Celebration Park Background: On December 17, 1997, the City contracted with Stan Palmer Construction, Inc., to construct Celebration Park as approved by the City Council. The scope of the work involved the construction of eight athletic fields, parking lots, wetlands, trails and bridges, 13th Avenue, and park. road. The final construction cost for the park is $9,136,049. The project is substantially complete including additional work to clean up Wetland Z. The clean up expense is $200,000. A claim for reimbursement has been filed by the City Attorney's office. In addition, the City will also be receiving reimbursement for over-sizing the water system as agreed by Lakehaven Utility District. The attached spreadsheet provides a breakdown of the project budget and expenses to date. Staff recommends final acceptance of the Celebration Park construction project. Committee Recommendation: Motion to accept the Celebration Park project as complete and forward to the full Council for approval. _ MEETING DATE,' September 7, 1999 ITE~ I//?~,' CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Diversity Commission Business Plan CATEGORY: BUDGET IMPACT: X ~SENT ORDINANCE BUSINESS ........ m~JNG ,.RESOLUTION , STAFF REPORT PROCLAMATION ,,,STUDY SESSION ,,OTngR Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: $ N/A ATTACHMENTS: I) l~/~mmandmn to Parks/Recvmtion/Hunmn Servioes/Publio Safety Committee child August 23, 1999, .......~....~)..~.~...c.~.~!~..@.~...P.~:. ............................................................................................................................................................ ...... SUMMARY/BACKGROUND: Att~ed is a copy of the 1999-2000 Diversity Co~nmission Business Plan as approved by the Commln~ioll at its Au~st meeting. The commission is movin~ from a Janmiy-Deounber business plan oycle to a Septmnber-August oyol, to better aooonnnodate new oommi*siousrs who arrive in June of each year. This year's business plan calls for keepin~ the City Council more informed of Diversity Commission a~tivities; managin~ the Martin Luther gi.~. Jr., event; developi~ an orientation lXOlpam fo~ new commissionggs; researching fi~ture project opportunities; and steppin~ up the Commission's public relations efforts. CITY COUNCIL COMMITTEE RECOMMENDATION: AplwoveBusines~ Plan CITY MANAGER RECOMMENDATION: Aplx'Ove Business Plan )' - ' ,' ~, !~ ..~., ................................................................................................................................................................. *,. ........ ~ ............. :...';'...., .................................................. APPROVED FOR INCLUSION IN COUNCIL I)~CKET: ,..~. ro co z rm> ar c rr cz xJc's o r/c ? COUNCIL ACTION: APPROVED DENIED , TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading RESOLUTION # I:~ageuda.bil Item 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: August 23, 1999 Johnathan Sim, Chair, Diversity Commission~ Derek Matheson, Assistant to the City Manag~ Diversity Commission Business Plan Backl~round: Attached is a copy of the 1999-2000 Diversity Commission Business Plan as approved by the Commission at its August meeting. The Commission is moving from a January-December business plan cycle to a September-August cycle to better accommodate new commissioners who arrive in June of each year. This year's business plan calls for keeping the City Council more informed of Diversity Commission activities; managing the Martin Luther King, Jr., event; developing an orientation program for new commissioners; researching future project opportunities; and stepping up the Commission's public relations efforts. A representative from the Commission will attend the meeting to present the plan. Committee Recommendation: Forward the Diversity Commission Business Plan to the full City Council with a do pass recommendation. APPROVAL OF COMMITTEE REPORT: Committee Chair., ~t,~,O. ) C-~mmittee Member Committee Member MEETING DATE: September 7, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM ...................................................................................................................................... CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE _x_ usiNrss HE~G RESOLUTION STAFF REPORT PROCLAMAT/ON STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Letter of Resignation from Lisa Kwak SUMMARY/BACKGROUND: Youth Commissioner Lisa Kwak notifed city staff she is resigning her position on the commission, as she has been accepted into the student exchange program, and will be studying in Great Britain for the next two years. The City Council previously appointed Mailinh Vu as a commission alternate. CITY COUNCIL COMMITTEE RECOMMENDATION: The Parks, Recreation, Human Services and Public Safety Committee recommends filing the unexpired term with the alternate, and will recommend confirmation of the appointment of Mailinh Vu as a Diversity Commissioner through August 31, 2000. CITY MANAGER RECOMMENDATION: The Council will move appointment of Mailinh Vu as the replacement, obtain a second and vote on their recommendation. The City Clerk is directed to arrange for introduction and presentation of the appointment certificate at the September 21, 1999 regular meeting. '..;~ t [ !,;'- ~ .............................................................................................................. :~..[...: ...... : ......... ;: ........................................................ .............................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE,) COUNCIl_, ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERR~SIGN-5/14/96 CITY OF~ '~'~i~F~~' 33530 1ST WAY SOUTH City of Federal Way Attn: City Clerk RE: Youth Commission Resignation To Whom It May Concern: FL~E~Ei~]??WAY, (253)661-4000 WA 98003-6210 RECEIVED C/tv In September of 1998, I was selected to the Federal Way Youth Commission for a term of two years. As of now, I have successfully completed the first year of my term and have enjoyed it thoroughly. Unfortunately, I will be unable to carry out my second year as a Youth Commission member. I will be studying in Great Britain for the next two years, and therefore, will not be able to serve in the 1999/2000 year. Please remove my name from the roster and fill my position. I hereby give my resignation from the City of Federal Way's Youth Commission. Thank you, Lisa Kwak CITY OF FEDERAL WAY City Council AGENDA ITEM CATFATK)RY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING RESOLUTION STAFF REI~RT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: At a special meeting on September 7, 1999, the City Council of Whole interviewed applicants to f'fll eleven (11) comm[~ion and three (3) alternate vacancies on the Youth Conunission. The City Council will take action on the appointments at the regular meeting on September 7, 1999. CITY COUNCIL COMMITTEE RECO~A~ON: City Council of Whole will recommend the applicants to fill the appropriate vacancies on the Youth Commission. CITY MANAGER RECO~ATION: After comideration of the various applicants' qualifications, the Council will move appointment of the named applicants, obtain a second and vote on their recommendations. The City Clerk is directed to arrange for introduction and presentation of appointment certificates for the newly appointed commissioners at the September 21, 1999 regular ~eet!n~. ........................... £.L...~. ....... :...i~'.~,:~:.~. ...................... APPROVED FOR INCLUSION IN COUNCIL PACKEr: COUNCIL ACTION: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # t :/-~-- MEETING DATE: September 7, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum to the September 2, 1999 meeting of the Finance, Economic Development and Regional Affairs Committee; Draft Franchise Agreement between ........................................................ .......................................................... SUMMARY/BACKGROUND: The City and Weyerhaeuser Corporation executed a "licensing" agreement in 1992 which allowed Weyerhaeuser to install communications lines between their buildings in the West Campus area. The license has now expired and Weyerhaeuser is requesting to expand their communication lines in the East Campus area as well as continue to operate their communication lines in the West Campus area. In response to their request, a Franchise Agreement has been drafted that would allow Weyerhaeuser to operate its communication lines in both the East and West Campus areas. CITY COUNCIL COMMITTEE RECOMMENDATION: Staffwill present the draft Franchise Agreement to the September 2"~ meeting of the FEDRAC Committee, and will request the Agreement be forwarded for approval and first reading of the Ordinance to the City Council's September 7, 1999 meeting. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\franchise.cc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING WEYERHAEUSER COMPANY,, A WASHINGTON CORPORATION A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS- OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, ~NTAINING, ~REPAIRING, AND RESTORING CO.Mmr~ICATION Ca~LES WITHIN ANO Tm~OUGH THE cn'v ~,EO~ WA~y. WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify the rights and duties of the Weyerhaueser Company through a franchise; and WHEREAS, in exercising said authority pursuant to RCW 35A.47.040 relating to franchises and permits, the City of Federal Way reservessuch other powers and authorities held by Washington, code cities; now therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES, .HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where'used in this Franchise the follOwing terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Waahington, and its respective successors and assigns. 1.2 "Council" means the City: of Federal Way Council acting in its official capacity. 1.3 "Director" means the Pubtie Works Director, or designee, of the City of Federal Way Public W6rks Department. ORD # , PAGE 1 1.4 "Facilities" means underground communication cables on the Franchise Area necessary for data, security, fiber and telephone circuits, and other low voltage connections for only Weyerhaeuser within the City of Federal Way. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means rights-of-way for public roads, streets, avenues, alleys, and highways of the City as set forth in Exhibit A. The Franchisee shall place Facilities on the right-of-way in the Franchise Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the City. 1.7 "Franchisee" means Weyerhaeuser, a Washington corporation, and its respective successors and assigns. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of this Franchise, the right, privilege, authority and Franchise to construct, excavate, install and maintain Facilities in the Franchise Area. The Franchise is specifically limited to serve only Weyerhaeuser and Weyerhaeuser agrees that it will not lease any space and/or lines to any third party. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City ORD # , PAGE 2 .owned or leased property within the Franchise Area other than public roads, streets~, avenues, alleys and highways. Section: 4. Term Subject to Franchisee filing its acceptance pursuant .to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing ~ on , the. ;effective date of this Franchise, unless terminated earlier pursuant to the terms of this Franchise or other applicable law. ,,, ~ Section 5. Lo,~ation of Facilities 5.1 Location: The location of existing underground communication cables and appurtenances, their depths below surface Of ground or grade of ~ r~ht-of-way~ shall be submitted to the City in the form of a map showing the approx'. ~xmale..; location of Franchisee's existing communications and electrical service system within the Franchise Area. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for ~rmational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake an}( specific improvements. 5.2 ... ~ .GIS Data. ,The Franchisee shall provide, at such time, as Franchisee develops and employs, Geographic Info ,rm~ation System CGIS") technology for its communicatioa cables ,and electrical service maps and records throughout its service area aM.b-as such iaformation available in digital~GIS format four its Facilities within the Franchise Aa'ea, 5:3 ~ Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets,, or make, any other public iml~ ovements, ~ranchisee shall at the City of Federal Wayi~-r ,easonable request,~provide tl~ location,of Franchisee's underground Facilities within the Franchise Arga by either field markingsor .by locating the Facilities on the ORD// , PAGE 3 City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 514 No Warranty or Waiver. Nothing herein is intended to relieve the parties of their respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer (including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map furnished to the City pursuant to Section 5.2 of this Franchise. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area: (1) so as not to unreasonably interfere with the free passage of traffic, (2) in accordance with the laws of the State of Washington and City franchises, regulations resolutions and rules, and (3) as required by the Director. Section 7. Requirement to Obtain Permits Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate fights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall ORD # , PAGE 4 ~pecify the class and type of materials to be used, equipment to be used, and. mode of safeguarding and facilitating the public traffic during cons~ction. Materials and equipment shall be in,new or likernew condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee, shall indicate on the rightrof-way u~e permit application the time needed to complete the work. The time needed to complete theWork is subject to approval by the City as a condition of the issuance of the right,of- way permit. In the event of~.an eme[gency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the prol:~rty, life, health or safety of any individ.~ 1,~ Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as such permit is obtained by Franchisee as soon as practicable thereafter. Section 8. ~;tagd~rd ,of P, erformanc, e Thc Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting ~ Surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not in a driving lane must also be.patched within the time limits specified by the City on the right-of-way use pexmit, Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. ORD # , PAGE 5 Any asphalt overlay in the Franchise area within five (5) years 9f the date of permit application, shall not be open cut by the Franchisee unless in an emergency. Streets that are open cut will require asphalt overlay for a minimum of one (1) block (approximately 500 feet) in length or as determined by the Director. Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all applicable laws, franchises, codes and standards, as now existing or hereafter adopted or amended, and in compliance with the terms of this Franchise, whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any installation of Franchisee's Facilities within the Franchise Area, the "as-built" location of the Facilities shall be within two (2) feet of the location of the Facilities shown in the plans submitted by Franchisee to the City's Public Works Department or closer if required by State law. Nothing herein is intended to relieve the parties of their respective obligations arising under applicable law with respect to determining the location of utility facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highway, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as ORD # , PAGE 6 expeditiously as conditions permit, and ,~ ~?~.~e~bX~-the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the ~pense of replacement of the monuments, shall be borne solely by the Franchisee. A complete Set of reference notes for monuments and other ties shall be filed with the City, In the event of any conflict or inconsistency between this Section 10 and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control. Section 11. Right of ,City to Undertake. Maintenange Work The laying, constructio/!, maintenance, and operation of ,Franchisee's communication cables granted under this Franchise shall not preclude the City, its accredited agents or its contractors from doing, necessary maintenance work contiguous to the facilities, provided that the Franchisee shall have sufficient notice of blasting or excavating in order that Franchisee may protect its cables or property. Section 12. Ri~ht~0f Ci~ to l~omplete W, ork ~ In the event Franchisee fails to comply with any applicable federal, state or, City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10)'days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section. 8 herein ap.:d Franchisee's. . obligation to ~rem°ve. . facilities pursuant to Section 13 herein. If th~ City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the C!ty in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys ORD # ,' PAGE 7 fees. Hoxvever, the City shall not have any electrical work accomplished by. any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 13. Notice to Franchisee of Work by City 13.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction of any electrical, water, sewer or storm drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise. Without limiting Franchisee's rights under this Franchise, this Franchise shall not in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area 13.2 City's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice to Franchisee requesting such relocation within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications for such City work so that Franchisee may relocate its Facilities to accommodate such City work. 13.3 Franchisee's Duties. After receipt of the City notice requesting the relocation of the Facilities pursuant to Subsection 13.2(a) and receipt of the plans and specifications pursuant to Subsection 13.2(b), Franchisee shall, within thirty (30)days of notification, raise, lower, or ORD # , PAGE 8 move such Facilities within the Franchise Area at .its sole cost and expend, so as to conform to such new grades~ as may be ,established~. ~,.: the communication~ Cables in a location or position causing the least interference with the improvement, repair, or alteration contemplated by the City. If the City improves a right-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the communication cables located in the improved subgrade of the improvement with cables conforming to the specifications for the improvement of the right-of- 'way. 13.4 Exclusivity. This Section 13 shall govern all relocations of Franchisee's Facilities required inaccordance with mis Franchise. Nothing in this Section 13 shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement on property owned by a person or entity other than the City. Section 14. Damage Repair In case of damage by the Franchisee or by the Facilities of the Franchisee to rights-of- way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of- way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage pursuant to Section 13 of this Agreement. Section 15. 15.1 Default Notice of Default. If Franchisee shall fail to comply with any of the provisions of ORD # , PAGE 9 this Franchise, the City may serve a written notice to Franchisee ordering.such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 15.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare an immediate forfeiture of this Franchise. Section 16. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 17. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Area conferred by this Franchise. Section 18. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 19. Compliance with Laws Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Protection Act; provided, however, ORD # , PAGE 10 that if any term .or condition of this Franchise~ and any term or condition o.f any City law, code, franchise, resolution, regulation, standa, r,~, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Section 20. Guarant,ee Franchisee shall guarantee work completed by the Franchisee under,this Franchise for a period,of 10 yegs against settlement or repair. Section 21.. Chuge for Administratiye Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City Franchise. Nothing herein shall which are directly related to preparing and appro¥ing this preclude the City from recovering~ any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code. Section 22. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City which gives rise to Franchisee's ORD # , PAGE 11 obligation pursuant to this Section 22, the City shall promptly notify Franchisee thereof, and Franchisee shall use attorneys selected by the City. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the Maximum extent permitted thereunder, to the full extent of Franchisee's negligence. - Section 23. Insurance 23.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and (c) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 23.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: ORD # , PAGE 12 (a) The City, its offic,ers, elected officials, employees, and vo!umeers are to be (b) Coverage shall apply separately to each insured against.whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and (d) Coverage shall be primary as to the City, its. officers, officials, employees and volunteers. Any--insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 23.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages r.equired by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of, all required insurance policies. 23.4 Self-insurance, In satisfying the insurance set forth in this Section, Franchisee may self-insure against such risks in such amounts as are consistent with good communications practices. Franchisee shall provide the city with sufficient written evidence, upon request, that such insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's insurance carrier, a written certificate of insurance with this Section. Section 24. Bond Before commencing work within the City, the Franchisee shall post a ten thousand dollar ORD # , PAGE 13 ($10,000) bond to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits as referenced in Section 7, with the standard of performance as referenced in Section 8, and with the City's rights under Sections 11 and 12. Section 25. General Provisions 25.1 Entire Aereement~ This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 25.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 25.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 25.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs' and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. ORD # , PAGE 14 · 25.5 No Waive. Failure.of either party to declare any breach ,o.r default by the other .,,party immediately upon thc occurrence :th. creel, delay in taking :.any 'action~,in connection therewith, shall not waive such breach or default, but such Party shall have the right to declare any such breach or default at any time. Failure of either party to declale one breach or default dOes not acf as a waiver'of SuCh party'si'ight to declare another breach or default. 25.~6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 25,7 Authori_ty. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 25.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses:Franchisee: Weyerhaeuser Company 33663 Weyerhaeuser Way South Federal Way, WA 98001 City of Federal Way Atto: City Attorney 33530 1st Way South Federal Way, WA 98003-6210 Any notices may be delivered personally to the addressee of the notice or may be deposited ia the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 25.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of referenCe only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. ORD # , PAGE 15 25.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 26. Severability If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. .Section 27. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. PASSED by the City Council of the City of Federal Way this day of , 19 CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\weyerhaeuser ORD # , PAGE 16 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this ~. day of ,1999. WEYERHAEUSER COMPANY By: Its: ORD # , PAGE 17