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Council PKT 09-21-1999 RegularIV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 21, 1999 (www. ci.federal-way, wa. us) PUBLIC RECEPTION - 5:30 PM HONORING KENNETH E. NYBERG Retiring City Manager and PHILIP KEIGHTLEY Retiring Deputy City Manager REGULAR MEETING- 7:00 PM CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. Youth Commission Introductions/Certificates b. Economic Development Update c. Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citir. ens. may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE O) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively 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 Minutes/September 7. 1999 Regular Meeting Municipal Court Judge Confirmation Council Bill ~r228/Weyerhaeuser Franchise Agreement VI. CITY COUNCIL BUSINESS VII. Legislative Agenda INTRODUCTION ORDINANCE Council Bill//r229/Parke Property Condemnation (~ SW 356~ St. & SW 6~ St. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF A REGIONAL STORM WATER DETENTION FACILITY IN THE VICINITY OF SOUTHWEST 356TM STREET AND BETWEEN 4TM AVENUE SOUTHWEST AND 8TM AVENUE SOUTHWEST, ALL WITHIN THE CITY OF FEDERAL WAY, TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; PROVIDING FOR THE CONDEMNATION, APPROPRIATION, AND TAKING OF REAL PROPERTY NECESSARY THEREFOR; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. CITY COUNCIL REPORTS IX. CITY MANAGER REPORT ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** MEETING DATE: September 21, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~ 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 September 7, 1999 Regular 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. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW lO BE COMPLETED BY CITY CLERK'S OF3TCE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 7, 1999 Minutes CALL MEETING TO ORDER Deputy Mayor Park called the regular meeting of the Federal Way City Council to order at 7:03 PM in the Council Chambers, City Hall. Deputy Mayor Park noted that Mayor Gintz was excused. Councilmembers Present: Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar, and Watkins. Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, Assistant to the City Manager Derek Matheson, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE 1 Councilmember Burbidge led the Pledge of Allegiance. PRESENTATIONS ao Proclamation/Constitution Week - Councilmember Dovey read the proclamation proclaiming September 17 - 23, 1999 as Constitution Week, honoring the 212~ anniversary of the Constitution. Accepting the proclamation was Viola Mullins of the Lakota Chapter of the National Society of the Daughter's of the American Revolution. Certificates of Recognition/Police Explorer Awards - Councilmember Dovey presented certificates of recognition to police explorers Nicole Rubio and Gustavo Estrella. Both won awards while attending the Explorer Academy in Fort Lewis, Washington during the week of August 15-20, 1999. Deputy Mayor Park announced a special donation of artwork to the City of Federal Way, valued at $4000.00, by Korean artist Sung Kun Lee. Councilmember Gates accepted the artwork on behalf of the City. Federal Way City Council Regular Meeting September 7, 1999 - Page 2 d. Emerging Issues Assistant to the City Manager Derek Matheson updated Council on the potential impacts to the city if 1-695 passes. Mr. Matheson stated passage of 1-695 would result in a 1.7 billion statewide reduction in the motor vehicle excise tax; a 10% reduction in city's general fund revenues; elimination of many Referendum 49 projects; possible increases in the cost of contracting with other governmental agencies; and increased election costs. The full extent of the ballot measure will not be known until after the election. IV. CITIZEN COMMENT Stephen Percival - asked citizens and Council to show support for the school bond campaign. Judith James, Wells Fargo Bank - expressed support for the 320th intersection improvements, but is concerned that the left hand turn in front of the bank will be permanently eliminated. City Manager Kenneth Nyberg stated he would have Public Work Director Cary Roe address her concerns. Mary Ehlis - thanked Council and Staff for their support with Family Fest. CONSENT AGENDA ao bo fo Minutes/August 3, 1999 Special & Regular Meetings & August 13. 1999 Special Meeting - Ap_proved Voucher/September 7, 1999 - Avproved Monthly Financial Report/July 1999 - Approved City Manager Employment Agreement - Ap_proved Lakehaven Utility District Comprehensive Water System Plan/Resolution - Approved Resolution #99-303 Star Lake & Military Rd Finalization - A~proved So 320t~ St/SR 99 Intersection Gateway Improvements - Approved Council Bill #227/Sign Code Amendments/Enactment Ordinance - Approved Ordinance #99-348 Celebration Park Field Usage Policies - Approved Celebration Park Final Acceptance - Ap_proved Diversity Commission Business Plan - Ap_proved COUNCILMEMBER DOVEY MOVED APPROVAL OF THE CONSENT AGENDA. COUNCILMEMBER WATKINS SECOND. Deputy Mayor Park pulled consent item (d). Federal Way City Council Regular Meeting September 7, 1999 - Page 3 The motion to pass Consent Agenda items (a), (b), (c), (e), (f), (g), (h), (i), (j), and (k) carried as follows: Burbidge yes Dovey yes Gates yes Gintz absent Kochmar yes Park yes Watkins yes DEPUTY MAYOR PARK MOVED APPROVAL OF CONSENT ITEM D - CITY MANAGER EMPLOYMENT AGREEMENT. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz absent Kochmar yes Park yes Watkins yes VI. CITY COUNCIL BUSINESS a. YQtlth Commission Replacement COUNCILMEMBER DOVEY COMMISSION REPLACING GATES SECOND. The motion MOVED TO APPOINT MAILINH VU TO THE YOUTH OUTGOING MEMBER LISA KWAK. COUNCILME~ER carried as follows: Burbidge yes Dovey yes Gates yes Gintz absent Kochmar yes Park yes Watkins yes b. Youth Commission Appointments COUNCILMEMBER DOVEY MOVED APPOINTMENT OF SAEROPDA KIM, JOSEPH SEONG, AUREA MAGBALOT, SUE PARK, DAVID PEARSON, BRYAN BAKER, SHIOUN KIM, PHILIP LEE, JEVYN KNIGHT, MICHELLE VANDER POL AND LONI JOHNSON AS REGULAR VOTING MEMBERS OF THE YOUTH COMMISSION. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz absent Kochmar yes Park yes Watkins yes Federal Way City Council Regular Meeting September 7, 1999 - Page 4 COUNCILMEMBER DOVEY MOVED APPOINTMENT OF ALISON BENNETT, SARAH STRONG AND AMY WILLIAMS AS ALTERNATES TO THE YOUTH COMMISSION. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz absent Kochmar yes Park yes Watkins yes 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. MOTION BY COUNCILMEMBER WATKINS TO MOVE THE ORDINANCE TO A SECOND READING/ENACTMENT ON THE SEPTEMBER 21, 1999 REGULAR CITY COUNCIL MEETING. COUNCILM'EMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz absent Kochmar yes Park yes Watkins yes VIII, CITY COUNCIL REPORTS Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for September 13, 1999 at 5:30 PM. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is scheduled for September 14, 1999 at 5:30 PM. Councilmember Burbidge stated she attended a Law, Safety and Justice Committee meeting in August and thanked staff and citizens involved in Family Fest. Federal Way City Council Regular Meeting September 7, 1999 - Page 5 Councilmember Kochmar also thanked staff and citizens for Family Fest and stated the Airport Communities Coalition continues to meet. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for September 28, 1999 at 5:30 PM, and stated the Sound Transit Kick-off for regional bus service from Federal Way to Bellevue is scheduled for September 19, 1999. Councilmember Gates also reported on her study and trade mission to Central Europe. Deputy Mayor Park stated as the City Manager is counting his days until retirement, Council plans to have a farewell reception for both Mr. Nyberg and retiring Deputy City Manager Philip Keightley prior to the regular City Council meeting on September 21, 1999. CITY MANAGER REPORT City Manager Kenneth Nyberg had no report. Xe ADJOURNMENT There being no further business before the Federal Way City Council, Deputy Mayor Park adjourned the regular meeting at 7:45 PM. Laura Ulanowski, Deputy City Clerk MEETING DATE: September 21, 1999 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Municipal Judge Confirmation CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HF~ARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ 90,000/yr. (approx.) Expenditure Amt: $ 90,000/yr. (approx.) Contingency Reqd: $ -0- SUMMARY/BACKGROUND: The City Manager has appointed David P. Tmcy to the position of Federal Way Municipal Court Judge for an abbreviated four-year term expiring on December 31, 2001. State law requires City Council confirmation. Mr. Tracy was selected using a competitive process that included interviews with district and municipal court judges, prosecutors, defense attorneys, the city's Court Administrator, and the current City Manager. The selection was also reviewed and approved by incoming ....C..!~.~.~...V.~..d..~.o.~!~: ...................................................................................................................................................................... ...................... CITY COUNCIL COMMITTEE RECOMMENDATION: Not applicable - Personnel action submitt~ directly ....bz..c..j~.~: ...................................................................................................................................................................................... ............................. CITY MANAGER RECOMMENDATION: Confirm the appointment of David P. Tracy to thc position of Federal ....w...~z.H~..~.~.~!...c..°.~.]M.~..f..°L~.Lb~..`J..~.~..f.°.~:.~.~.~.~.~.~..~.~.].!.:.~.!.: ................... L;.:.:...(.:..::.i.....i:~::..r.i:.: ................... 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 # LAW OFFICES OF DAVID P. TRACY 108 WELLS AVENUE SOUTH RENTON, WASHINGTON 98055 (425) 277-0977 FAX: (425) 271-7657 July 15, 1999 Derek Matheson Assistant to the City Manager City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 Re: Application Position: Federal Way Municipal Court Judge Dear Mr. Matheson: Please accept this letter as my application for the position of Judge for the new Federal. Way Municipal Court. Enclosed is my resume, answers to written questions and references. I am a U.S. Citizen and reside in King County, Washington. I was admitted to the bar in 1978 and my bar number is 8692. I have practiced law since then with approximately 20% of my practice dealing with criminal matters. I have been a prosecutor once and a public defender for dozens of cases, where there was a conflict of interest. I have been private counsel for defendants more often. I have been a Pro-Tem Judge or magistrate since 1980, hearing thousand of cases including bail hearings, arraignments, pre- trials, motions, trails (bench and jury), sentencing and reviews. I have heard hundreds of applications for protection orders or anti-harassment orders. I have been rated as high as exceptionally well qualified by the King County Bar Association. That is their highest rating. I hereby authorize the Washington State Bar Association to disclose to the City of Federal Way, Washington, all information contained in the files of the Bar Association concerning my present professional status, all complaints which have been made against me, together with the disposition thereof, whether or not t'hat information is public. I expressly waive whatever right I may have to confidentiality of the foregoing information and hereby release the Washington State Bar Association from any lability or damage which may result from furnishing the information requested. If you have any office. question~/-comments please ~vid P. Tra~y~~~ contact this WRITTEN RESPONSES ao In detail, described your judicial philosophy, including such topics as arraignment (including video arraignment), sentencing (including alternative sentencing), assuring equal treatment under the law, and due process. Our society is based on the rule of law not men. I believe the law should be followed whether you or I agree with it, until changed by the appropriate process. Application of the laws by a judge must follow a procedure that gives the city and the defendant reasonable access to the judicial system to protect the rights and interests of all. That starts with being sure search warrants and arrest warrants are supported by probable cause. To be sure defendants are advised and understand their rights at arraignment and all proceedings before the court. To be sure that issues raised by the city or the defendant are properly heard, giving all sides the opportunity to be heard and their arguments fairly considered and then if found guilty, an appropriate punishment or sentence. However, I consider a m~nicipal court to be the mass merchant of justice. That is being as efficient and effective as possible while being watchful that procedures are followed, parties are heard and due process provided. Using tools and technology such as video arraignment or different procedures, such as motions by affidavit instead of court ~ime helps to improve the efficiency of the court. However, efficiency must be balanced against due process and fair treatment. My observations as a judge pro-rem of the internal workings of Six separate district courts, three municipal courts and King County Superior Court, provides a basis to compare different procedures and to fairly provide due process and the opportunity to be heard, but still become more efficient. I am always open to a better way. Sentencing can be difficult as some defendants either do not need jail or a fine to correct their ways, while for others, jail and fines means nothing. Yet society requires there be a consequence for breaking the law. I agree with that. However, efficient use of resources, such as probation and jail facilities must be considered. Alternative sentencing should always be considered although it may not be appropriate for all situations. I believe community service not just as an alternative, but as an addition consequence that should be considered. Defendants with similar violations and backgrounds should get similar sentences. Consistency is the key. In detail, describe your customer service philosophy. Include a discussion of the role of custom service in a municipal court. To have a court that is working properly, it must have the respect of the community and all who may come before it. The first step to have respect is to give respect.. That usually means patience, patience and patience. The patience to listen and to understand what is being asked or stated. The next step is communication. To communicate your decision in a way that the city, defendant and general public understand. This means that while the parties may not always agree with the decision, they understand the reason for the decision and agree those reasons are valid. The third step is to be helpful. To provide information and resources to the city and the defendant to help them present their issues to the court or to complete what the court has required them to do. The fourth step is to do all of the above cheerfully. By following these steps, everyone, including the court staff, becomes a part of solving-.whatever problem is present. This lessens tension for all, especially defendants, who can sometimes lose control and react negatively or in a way that could be harmful. A courteous, but firm court would minimize those risks. Co In detail, summarize the'traits you possess that would allow you to work successfully with elected and appointed City officials and otherwise make you successful in high-level public sector position with significant public scrutiny. I want a court that the city and community is proud of. A court that hopefully never deals with a public outcry over the way a case is handled. No one person is an island. Wisdom comes from many sources and I am not too proud to take advantage of a different prospective that others may bring to a problem. I believe talking can avoid embarrassment for those involved. Many of the decisions I make as .~ judge is applying a certain amount of community standards. The elected representatives are a source of what those community standards are. Those representatives and employees of the city may have ideas to better manage the court system. I have always found the exchange of ideas to be positive, as it may lead to a better answer. The committees or task forces I have been on have found that I listen, communicate and search for a common ground, while setting boundaries required by the law or procedures. I am a problem solver, not a problem maker. I look forward to using those same skills with the City of Federal Way by meeting with each council, person, the mayor, the city manager, police chief, representatives of the police union and anyone else who could help make a better, more efficient and effective court that we can all be proud of~ Do How many cases have your tried to verdict or judgment (rather than settled) in district court? In municipal court? In what percentage of those cases were you sole counsel or chief counsel? What percentage of those cases were jury trials? Number 25-30 90-100 % Sole Court Chief Counsel %Jury Municipal 100% 15% State District 100% 15% Describe your experience as a neutral decision-maker (e.g., judge, judge prot rem, court commissioner, hearing officer, arbitrator, etc.). If you have ever been a judge, identify any court committees on which you have served or administrative positions you have held, including dates. 1998 to Present - Magistrate, King County District Court, Federal Way Division. Hearing thousands of traffic cases. 1980 to Present - Magistrate pro tem, hearing thousands of traffic cases in Renton Municipal, Auburn Municipal, King County District Court, Aukeen, Bellevue, Renton and Southwest Division. 1980 to Present - Judge pro tem conducting thousands of hearings on all phases of civil and criminal cases in Auburn Municipal, Renton Municipal, Pacific Municipal,' King County District Court, Aukeen, Bellevue, Federal Way, Issaquah, Northeast, Renton and Southwest Divisions. 1990 - Judge pro tem in King County Superior Court. 1971 to 1978 - Judged oratory contests and hearing impaired speech contests annually for over 8 years. Speech and debate judge for speech contests (approx. 150) for Pacific Northwest high schools and colleges. Fo In detail, describe your training and experience in domestic violence cases. As a pro tem judge, I have heard hundreds of cases involving domestic violence. In addition, I have attended the following seminars or training. 6/11/99 - Judge Pro Te~ Training, "Domestic Violence Issues, Order of Protection, Anti-Harassment Orders." 9/16/94 and Witness CLE: Washington Criminal Justice Institute "Victim Rights Issues with a Particular Focus on Assault/Domestic Violence Cases." 3/4/94 - CLE: "New Developments and strategies for Abuse Cases: Children and Adults." 10/9/92 - CLE: "Sexual Issues in the 90's." 9/91 - Judicial Orientation Conference: "Domestic Violence." Go If you have ever been a judge, has a complaint for judicial misconduct ever been made against you? If so, provide particulars. None. Ho Have you ever been convicted of a crime, excluding minor traffic offenses? If so, provide particulars. None. Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by or is any investigation currently pending before any court, administrative agency, bar association, disciplinary committee, or other professional group? If so, provide the particulars, including ~solution. No. I have had 6 complaints to the Washington 'State Bar Association over 21 years. The last one was nine years ago. Three were by opposing parties (not attorneys). All were dismissed without any formal charges being filed. PERSONAL PROFILE OF DAVID PAUL TRACY OFFICE ADDRESS 108 Wells Ave. So. Renton, WA 98055 (425) 277-0977 EDUCATION: 1991 - Judicial Orientation Conference, one week intensive education and practical application for judges. 1978 - University of Idaho Law School, Moscow, ID, J.D. 1975 - Washinqton State University, Pullman, WA, B.A. Political Science; other fields of study: speech, business administration, and economics. WORK EXPERIENCE: 1998 to present - Magistrate, King County District Court, Federal Way Division hearing traffice infractions. 1981 to present - Sole Practitioner, Renton, WA, management and operation of a general law practice. 1980 to present - Judqe Pro Tem, hearing hundreds of cases at the following courts: Auburn Municipal, Renton Municipal, Pacific Municipal, King County District Court, Aukeen, Bellevue, Issaquah, Northeast, Renton, and Southwest Divisions, and King County Superior Court. 1978 to 1981 - Law Offices of Huqh Carney, Renton, WA, associate attorney for a general law practice. 1975 - Administrative Intern, Washington State Department of Highways, preparation of written reports outlining procedures for obtaining bids and federal funding for highway projects. 1975 - Leqislative Intern, Washington State Legislature, Representatives E.G. "Pat" Patterson and James Gilleland, research and preparation of reports on issues including pension reform and responses to constituent letters. 1971 to 1978 - Manaqer/Cook, Al's Drive In, Medical Lake, WA, for six summers involved in all aspects of restaurant management and operation. BAR ASSOCIATIONS M]~qBERSHIPS: 1979 to present - Federal District Court, Western Division 1979 to present - Seattle Kinq County Bar Association 1979 to present - South' Kinq County Bar Association 1978 to present - Washinqton State Bar Association ACTIVITIES: 1998 to present - Renton Chamber of Commerce, Board of Directors. 1994 - 1998 South Kinq County Bar Association, 1994-1995 Trustee; 1996 President Elect; 1997 President. 1993 - Hiqh School Moot~Court Competition, State Tournament, Volunteer Judge. 1992 to 1998 - Kent Chamber of Commerce Foundation for Education and Arts, Board member, Chairperson of EHCO Scholarship Committee, Executive Director Committee. President, 1997. 1992 to 1993 - Kent School District Concurrency Task Force, County Representative,. Vice-Chairperson, Co-Author of Committee Report. 1992 - Kent School District Children's Summit, Facilitator. 1990 to 1994 Moot Court Competition, University of Puget Sound Law School, Volunteer Judge. 1987 to present - South Kinq County Bar Association Leqal Clinic, providing legal advise. 1981 to 1997 - Advisory Committee For Leqal Assistant Proqram, Renton Technical College, member of Advisory Committee. 1985- 86 Chairperson. 1981 to 1982 - Younq Lawyers, CLE Section, participation in video taped productions~dealing with current legal issues. 1980 to present - Optimist International Green River Club, Kent and Renton, charter member of local sez~vice club and involved with South King County youth, elderly, and with annual events including oratory contest, speech contest for hearing impaired, handicapped fishing derby, DARE and "Just Say No" programs. President, 1993. 1980 to present - Boy Scouts of America, Merit Badge Counselor. 1995 to 1997 Committee Chairperson Pack 407. 1992 to 1995 - Chairperson of Nominating Committee. 1980 to 1985 - Program Chairperson, for local district. 1978 Pullman Leqal Aid, provided free legal advice. AWARDS: 1994 - 1997 Who's Who, Selected as a honored member of the National Directory of Who's Who in 1994 through 1997. 1994 - Achieved Honor Club status as President of Green River Optimist Club. 1994 - Received "Award of Merit" from the Green River District Boy Scouts of America. 1993 - Received "Recognition Award" from King County Council for serving on Kent School District Concurrency Task Force. 1993 & 1995 - Special award from Kent School District. 1992 - Received Life Membership Award from Optimist Club. 1974 to 1975 - Received 13 debating awards, including the Veatch Award for Outstanding Debater and the Rock Scholarship. 1969 - Received Eagle, God and County, Brotherhood in the Order of the Arrow, Junior Assistant Scoutmaster and participant 7th National Boy Scout Jamboree. PUBLICATIONS: 1993 - Author of "Traffic Infractions: How Police Officers May Properly Present Evidence in Affidavit or Declaration Form".., report with examples for use by police agencies and became basis for 1 hour seminar for Washington State Troopers. 1989 to 1991 - Washinqton State Process Servers' Association, assisted in preparation of 93 page handbook on law relating to service of legal process in the State of Washington. PERSONAL: Guardian/Parent of nephew, age 11 and niece, age 10. Enjoy snow skiing, camping, sailing, and reading. Jean K. McEIroy Disciplinary Counsel (206) 727-8277 Washington State Bar Association 2101 Fourth Avenue -- Fourth Floor Seattle, WA 98121-2330 Phone: (206)727-8200; Fax: (206)727-8325 LAWYER GRIEVANCE/DISCIPLINE CERTIFICATION David Paul Tracy WSBA Number: 8692 Date Admitted: 10/27/78 Lawyer's status: Active Note: All members of the Association have passed the Washington State Bar Examination THIS IS TO CERTIFY that a search of the records of the Washington State Bar Association regarding the above attorney reveals the following information: The lawyer has neither received discipline, nor been the subject of any grievance. () The la~vyer has received no discipline, but has been the subject of one or more ~m'ievances as described on the attached. NOTE: ) The la~vyer has been the subject of discipline as indicated. Other grievances are described on the attached. an K. Mc~Elroy,,:Discip~linar~ .C>,~asel Grievances not resulting in discipline are subject to destruction after three years and such matters are not reported. 2 ,/ MEETING DATE: September 7, 1999 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 the City and Weyerhaeuser Corporation; and Draft Ordinance 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: Staff will present the draft Franchise Agreement to the September 2nd 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. CITY MANAGER RECOMMENDATION: ?t,' :~ ' ''~ ...... , ~ '~ ~' .................................................................................................................................................................... [.Y.:-:.i...:--.-'. ........ '--: ................................................................ APPROVED FOR INCLUSION IN COUNCIL PACKET: ~rlq (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, MAINTAINING, REPAIRING, AND RESTORING COMMUNICATION CABLES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. 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 reserves such 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 Washington, 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 Public Works Director, or designee, of the City of Federal Way Public Works 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 and B. 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 fl~e terms of this Franchise or other applicable law. Section 5. 5.1 Location of Facilities Location. The location of existing underground communication cables and appurtenances, their depths below surface of ground or grade of a right-of-way, shall be submitted to the City in the form of a map showing the approximate 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 informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. The Franchisee shall provide, at such time as Franchisee develops and employs, Geographic Information System CGIS") technology for its communication cables and electrical service maps and records throughout its service area and has such information available in digital GIS format for its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the ORD # , PAGE 3 City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.4 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 roles, 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 ordimnces, regulations, resolutions and roles 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 specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on the right-of-way use permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the right-of- way permit. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as such permit is obtained by Franchisee as soon as practicable thereafter. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not in a driving lane must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. ORD # , PAGE 5 Any asphalt overlay in the Franchise area within five (5) years of 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 fee0 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 as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. 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. Ri£ht of City to Undertake Maintenance Work The laying, construction, 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. Right of Cit~ to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 8 herein and Franchisee's obligation to remove facilities pursuant to Section 13 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys ORD # , PAGE 7 fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical 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 fights 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 pertinem 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 13.2Co), 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 expense so as to conform to such new grades as may be established, and place 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 Exclusivi _ty. This Section 13 shall govern all relocations of Franchisee's Facilities required in accordance with this 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 Riehts This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Fran,chise 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 of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Section 20. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 21. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City which are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from 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 attomey 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 officers, elected officials, employees, and volunteers are to be named as additional insured; (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 required 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 Agreement. 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 Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 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 Authority. 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 in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 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 EXHIBIT 'A' WEYERHAEUSER FAST CAMPUS FRANCHISE AGREEMENT A PORTION OF SECTIONS 15, 16, 21 AND 22, TWP. 21 N.. RGE 4. E.. W.M. KING COUNTY. WASHINGTON FRANCHISE AGREEMENT BOUNDARY NOTES : SECTION UNES AND CORNERS; ARE SHOWN HEREON APPROXIMATELY AS AN ND IN LOCATING THE PROPERLY AND ARE NOT BASED UPON AN ACTUAL SURVEY. South ..~.:76th Street 10 $$4th St. I I JOB NO. 569-13-970-009 DRAWING NAME : EX-03 DATE : 09-07-99 ORAWN : C JR SHEEr 1 OF' I ~ _-I0 ~ .L33HS ~Jf'O : Nh~V~J(3 66-/0-60 : cI.I.V(3 ~O-X3 : ClI~VN 600-0/_6-~ ~-69~ 'ON o'~ gI:I33NION3 ONI.L'lflgN ~aa~S ~,£ ~nos ~ae.~S V~9££ q~nos ~ OJ..LON ,~E'VQ NIgOB -- .LN3~33;B9¥ 3SIHONVB_-I .LN3~33~IOV 3SIH:ONV~.-I Srld~¥:D IS3~ ;B3SI93Vt-I;B3,L3~ .B..LIBIHX=~ MEETING DATE: September 21, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2000 Legislative Agenda & Position Paper CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $-0- Expenditure Amt: $ -0- Contingency Reqd: $ -0- ATTACHMENTS: 1) Memorandum from Assistant to the City Manager, and 2) DraR 2000 Legislative Agenda & Position SUMMARY/BACKGROUND: Each year, the city Council updat~ its Legislative Agenda & Position Paper for the upcoming legislative session. This year's policy has been revised to address current issues such as housing capacity and buildable ..!.~.a.~,..s...m...t'...~.~g..~.a...~.i.~.~....~......m..,.~.~.~.t.~.d...m..~..~.~ .~....j~.?.,..?~.~.~,..~.~.~.!.~: ...................................................... CITY COUNCIL COMMI'YFEE RECOMMENDATION: The policy went through each committee for review CITY MANAGER RECOMMENDATION: Approve the 2000 Legislative Agenda & Position Paper with the .....a..m.......en.....d..m.......en..~.~..m...en..~...on...~.e...a...t~.. ?..h...ed.....m..~orandum. -e(' ~' ' 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:Xagenda.bil DATE: September 21, 1999 TO: City Council FROM: Derek Matheson, Assistant to the City Manager 2000 Legislative Agenda and Position Paper Back~round: Attached is a draft copy of the City's Legislative Agenda and Position Paper for the 2000 Legislative Session. The document has been revised from last year to address current issues such as housing capacity and buildable lands, gambling and social card rooms, district and municipal judges, electronic commerce, and other issues. The policy has been presented to the Council's three committees for review and comment. Based upon committee-level input, staff has complied and recommends the following amendments for consideration at the full Council level: General Policy (page 1). Amend the first sentence of the General Policy statement for greater clarity. Staff recommends the following language: "The City of Federal Way supports state legislative efforts to establish broad, cost-effective policies for local government structure, financing, and service delivery systems; combined with adequate flexibility for local governments to adapt their structures,finances, and service delivery systems to unique local conditions." Police Officer Privacy (page 8). Some concern was expressed that a restriction on the release of credit information in order to protect police officer privacy may have a chilling effect on the release of credit information for legitimate purposes. Staff recommends the following language: "Federal Way supports efforts to protect the identities of law enforcement personnel by eliminating public disclosure requirements for officer names and addresses, allowing private entities such as credit agencies to withhold officer names and addresses unless authorized bp the officer, and allowing officers to register personal vehicles at their places of employment." Minor technical corrections have already been included in the document and are double underlined for your convenience. Staff Recommendation: Approve the 2000 Legislative Agenda and Position Paper with the above amendments. City of Federal Way Legislative Agenda and Position Paper ~ 2000 Legislative Session General Policy The City of Federal Way supports state legislative efforts to encourage cost-effective regional policy planning and delivery of government services, balanced by local program implementation. These efforts must be focused on eliminating duplicate services and preserving local control over service delivery. The City also supports legislation which enhances local flexibility to address issues of local concern. The City opposes legislation which mandates increased local costs or which results in an inappropriate diminution of local authority over local affairs. General Local Government Home Rule The City of Federal Way strongly supports the adoption of a constitutional home nde amendment which would guarantee decision-making authority for local matters at the local level. The City also urges the Legislature to refrain from enacting legislation that adversely impacts the concept of local self-government or restricts the ability of cities and towns to exercise existing power. Mandates All local governments have been impacted by the elimination and reduction of various federal domestic aid programs. Changes at the state level have also affected local government revenue options. Eq, mlly important are the growing number of manda~s passed from the federal and state governments to local governments; mandates which are not accompanied by additional resources. Delivering public services requires a strong state-local partnership, and loc~! ?cvenue needs must be recognized when new programs are enacted or if the state revenue system is restructured. As directed by Initiative 62 (RCW 43.135.060), Federal Way strongly urges the Legislature to cease imposition of additional financial or operating burdens on cities unless such mandates are compelled by an overriding state interest and are accompanied by financial resources to accommodate the costs of compliance. Public Records Federal Way firmly supports the right of the public to have access to the records and operations of local government. The City supports legislation to define the calculation of cost recovery fees for records retrieval from municipal electronic information systems. Advisory Boards Federal Way supports clarifying the ability of city council-appointed advisory boards to analyze the impacts of ballot propositions and make recommendations to city councils. Although city councils are allowed to take positions on ballot propositions, the advisory boards upon which they frequently rely for analysis and advice appear to be inadvertently preempted from providing analysis and advice in these matters. Adopted 9/99 Finance and Economic Development State Fiscal PolicF Motor Vehicle Exci~e Tax Federal Way opposes any reduction or redirection of the Motor Vehicle Excise Tax (MVET) that restricts or lessens MVET support for local programs unless equal revenues that accommodate inflation are substituted. Current MVET-funded programs include sales tax equalization, public health, criminal justice, the Municipal Research and Services Center (MRSC), and transit and transportation funding for cities. Amended 9/99 Electronic Commerce Federal Way supoorts efforts to develop a taxation system for electronic commerce that ensures a level playing field for electronic and non-electronic businesses. Adopted 9/99 State Tax Roll Back/Expenditure Limitation Efforts Federal Way receives significant support from state-collected, locally-shared revenues. As such, the City opposes efforts to alter state fiscal operations unless they enhance City receives. Sales Tax Non-Remittance Penalties The City suooorts allocating sales tax non-remittance penalties to all affected jurisdictions using the same orooortional allocation system that is used for distribution of regular sales tax collections. Adopted 9/99 Continuation of Grant Programs Federal Way opposes any erosion in its financing sources and strongly encourages thc Legislature to maintain Criminal Justice Funding and other grant programs which support local program operation. Local Finance Sales Tax Exemption for Parks and Cultural Arts Facilities Construction Labor costs for the construction of road, street, and trails projects are currently exempt from state and local option sales taxes. Federal Way supports extending this exemption to all capital improvement projects. Tax Increment Financing Tax increment financing allows cities to pay for the infrastructure costs related to development or redevelopment projects by earmarking the tax revenues attributable to the increase in tax receipts over current receipts in the apportionment district. The tax increment would be dedicated to paying the debt service on the bonds issued. After the bonds have been retired, the tax increment would be distributed in the same manner as other non-increment property taxes. The overriding benefit of tax increment financing districts would be to facilitate quality and comprehensive development, and redevelopment of our community. Federal Way thus supports efforts to amend the state constitution as necessary to accomplish a tax increment financing program. Voted Excess Levy for Capital Improvement Bonds Municipalities should be authorized to seek voter approval for an excess property tax levy to fund capital facilities projects. The levy could be used for projects on a pay as you go basis or for debt service on bends. The levy would not be tied to one project, but could be used to realize any of the projects in the adopted facilities plan. The bonds would be unlimited general obligations of the City. Voter approval would be by simple majority. Benefits of this option include the development of a comprehensive community tax policy to deal with its infrastructure needs using a multi-year business plan approach. Voter Registration Maintenance Costs State law presently allows counties to charge cities to maintain voter registration records. This law, passed in 1987, when the counties took over voter registration from the cities, did not include a sunset provision to eliminate the charge when the transition was complete. Furthermore, these charges are not uniform, ranging from $.22 to $1.55 per voter. State law does set a $.30 maximum charge for smaller cities, but does not specify a charge for larger cities. King County collects over $1 million in voter maintenance fees each year, which should more than cover the cost of minor data entry changes. Federal Way supports legislative changes which would standardize this charge in a manner which accurately reflects the cost of maintaining voter records. Economic Development Economic Development Funding Sources Federal Way supports n~w funding sources for local economic development, accompanied by significant latitude in the use of funds to allow cities to meet diverse local economic development needs. Economic Development Partnerships Federal Way supports government partnerships with the private sector for the purposes of promoting quality governmental services and economic vitality. Personnel and Labor Relations Civil Service Reform Federal Way supports civil service reform for police officers that allows cities to streamline hiring processes, diversify workforces, and recruit, retain, terminate and reward employees. Police and Fire Arbitration Federal Way supports legislation that would make mandate that arbitrators in binding interest arbitration with police and fire personnel ~o consider the following factors in making an award: a) the city's financial ability to meet the costs of the contract, giving due consideration and weight to other competing city services and priorities as determined by the City Council; b) local labor market conditions, c) internal equity with other city employees, and d) efforts by new organizations to move away from traditional methods of compensation in favor of innovative compensation strategies (such as incentive pay). Limit Liability for Reference Checks The City supports legislation that would provide local governments with immunity from civil liability for disclosing information about an employee's job performance during a reference check. Prevailing Wage The City of Federal Way supports legislation to clarify that maintenance activities performed by contract, like those performed by regular employees, are exempt from prevailing wage requirements. Current law creates a disincentive for the use of contracting by local government entities. Land Use and Community Development Special Purpose Districts Assumption of Special Purpose Districts The existence of multiple urban service providers inside urbanized areas is inconsistent with the values of the Growth Management Act, which states that cities are the appropriate providers of urban services in these City ............. :a~pl~ gi areas. The therefore supports,~o,au,,,, .... ,,~,~,, .~ ~ and ~la,-~,,;~ continued le slative efforts to simplify and clarify the circumstances under which a city may dissolve and assume jm~d~tJ~.-ov~ th_.~e functions of a special purpose district, and opposes any Ic~;a~oa ~,at-~-o~ld efforts to diminish that authority of cities - especially within city limits and potential annexation areas_. (~Pa6c)-bom~m~. Amended 9/99 Capital Facilities Plsanlng Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and counties. Growth Management Growth Management Act Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool. However, the Act creates challenges for state, county and cities. To meet these challenges, the Legislature must continue to monitor the efforts of local agencies, and address any necessary additional refinements to the Act in an effective and timely manner. Such refinements may include clarification of the role and responsibilities of the state in developing policies and capital plans in conformance with locally adopted comprehensive plans, assuring the adequacy of funding sources to provide adequate infrastructure, urban services, housing and employment opportunities within urban growth areas. The Legislature must also act to provide sufficient time, technical and financial resources to cities completing growth management planning. Land Use Decisions and Permitting Federal Way supports legislation that further defines, coordinates, simplifies and streamlines land use decisions and permitting under the GMA as well as under the State Environmental Policy Act and the Shorelines Management Act. Such legislation should balance the benefits of statewide uniformity with the need for local communities to govern themselves. Housin~ Targets/Buildable Lands Federal Way strongly onooses efforts to break GMA twenty-ycar housing targets into smaller time intervals, as well as efforts to hold cities responsible for housing market performance rather than the content of their comprehensive plans. The City also opposes the imposition of additional reporting requirements under the buildable lands review and evaluation program that are not accompanied by requisite funding. Adopted 9/99 Growth Management Hearings Boards Federal Way supports legislation recognizing the need for local flexibility in effectively implementing the GMA and requiring Growth Management Hearings Boards to defer to local decisions, policies and processes implementing the goals of the GMA when these actions are otherwise consistent with the GMA. Boundary Review Boards The City supports elimination of Boundmy Review Boards. These non-elected boards have been rendered obsolete by Potential Annexation Area (PAA) planning under the GMA. Shorelines Management Act The City supports ........... ,~,,i~ ...................... ~ ~n~nuM effo~ to in~ sho~l~e ~gcment piing into 1~ ~mprehe~ive ~ ~ ......... ~ ...... ~ ~-l~el shom~e ~ ~ shoed ~ ~ e~ in favor ~M 9/~ GMA Impact Fees Federal Wa,/supports continued local authority to collect GMA-based impact fees at the time a subdivision is approved or building permit is issued. Adopted 9/99 Technical Amendments to Comprehensive Plans Federal Way supports legislation authorizing GMA-planning cities to adopt technical amendments to their GMA plans and regulations more than once a year. Annexation Law Federal Way supports current state law regarding annexations. The City also supports retention of city authority to review the impacts of an annexation on the overall operation of the City and to make the final determ/nation regarding acceptance of petitions for annexation. The City supports legislation that would reduce boundary adjustment requirements, clarify franchise relationships between trash and garbage haulers, expedite tran~er of property tax from the County to the City, and provide direction for land use and permitting functions in newly annexed areas. Buiidim, Code Council Jurisdiction Federal Way supports continued State Building Codes Council juri~iction over the Uniform Building Code, Plumbing Code, Mechanical Code, Fire Code, and other state codes now under its iurisdiction Adopted 9/99 Land Use Dispute Resolution Federal Way aho supports practical solutions to private property disputes that address specific concerns of property owners, including regulatory reform if necessary. These solutions should not alter the Constitutional definition of takings, place an undue financial burden on taxpayers, or diminish local governments' ability to protect thc public health, safety and weffare of their communities. The Department of Natural Resources is presently authorized to issue Class H and Class III Forest Practice Permits, which allow logging without review by municipal authorities within urbanized areas contained within city limits or designated urban growth boundaries. Class IV permits, however, do require municipal authority review. The past practice of issuing these permits has precluded city governments from providing appropriate controls to deal with the erosion and sedimentation in those permitted areas. As well, the uncontrolled logging of parcels within an urban area has precluded local government from providing regulations to help ensure that the property properly transitions into appropriate urban development. Therefore, Federal Way supports state legislative efforts to require that all Forest Practice Permits issued within the city limits or within the designated uff~an growth boundary be subject to the same local government review process now provided in the consideration and issuance of Class IV Forest Practice Permits. Alternatively, cities should be allowed to adopt and enforce land clearing, significant tree protection and related issues for Class II and III forest permits. Social and Human Services Support for Human Services Federal Way supports legislative action that will maintain support for human sen~ice programs including those which may be delegated to thc state from the Federal Government. Such legislative action should ensure appropriate local government input into development of block grant dispersal regulations or procedures and into development of any new processes to assist or support low-income, high-need populations. Affordable Housing Federal Way supports efforts to identify a dedicated funding source for affordable housing which is acceptable to developers, realtors, and state and local government. Collaboration with School Districts Federal Way supports efforts by the state to provide incentives to cities and school districts to work collaboratively in addressing local youth issues. Such collaboration should go beyond historical roles of each local agency. Local Public Health Contractual Funding Federal Way opposes efforts to reestablish contractual funding arrangements for public health services. Boards of Public Health Federal Way supports local government representation on County boards of public health. Youth Issues Funding of Youth Programs Federal Way supports legislation improving funding to local governments for initiating and expanding youth services, especially programs that achieve reductions in youth violence. Child Care Federal Way support.~__ budget provisions to enhance the Department of Social and Health Services' (DSHS) ability to enforce its day care licensing requirements, to improve support services for daycare providers, and to ensure the accessibility to child care for all citizens. In addition, the City will carefully monitor legislation clarifying its role in regulating the siting and operation of daycare facilities. Child Abuse Federal Way supports funding for programs designed to prevent child abuse/neglect. Law and Justice Funding Issues Drug Seizure Funds Federal Way supports efforts to enhance the ease with which cities can apply for and receive drag seizure funds and particularly supports the expansion of the definition of what those funds can be expended upon to include all law enforcement functions. DUI Cost Recovery The City supports continued legislation to strengthen DUI laws. Federal Way also supports legislation to allow recovery of necessary public expenses, including detention costs, which result from incidents involving impaired driving convictions. Costs of Incarceration Federal Way supports legislation that would do away with the current limit of $50 per day that can be assessed as jail costs against a person convicted of a misdemeanor. The city would support legislation that would allow the city to impose a calculated amount representing the city's actual costs of incarcerating the individual. High Crime Law Enforcement Grants Federal Way supports changing the state's criteria for awarding High Crime Law Enforcement Grants. Current grant practices provide year-to-year grant funding to cities that have 125% of the state average for eight specific crimes, but immediately terminate funding once the crime level drops below the 125% threshold. This practice creates a disincentive for innovative policing and punishes successful police departments. Funding decisions should instead be based upon a city's policing strategies and its crime rate over a longer period of time, such as five years. District and Municipal Courts District Court Judl~es Federal Way supports le~lot_ion allowing counties to determine the appropriate number of district court judges within their jurisdictions. Adopted 9/99 Municipal Court Judges The City opposes legislation that would mandate the election of municipal court iudges who work less th~n thirty-five hours per week. The CiW also opposes differentiation between full-time a~nd part-time municipal judges in any legislation that implements partial or total state f~ndinE of municipal judicial galaries. Adopted 9/99 Municipal Court Commissioners Federal Way supports legislation clarif3dng that municipal court commi~gioners have the full outhority of municipal court iudges, and that state statutes referencing the authority of district court commiggioners also refer to municipal court commissioners. Adopted 9/99 Court Revenues Federal Way opposes any effort to increase the percentage of district and municipal court revenues that m,~ be remitted to the state. Adopted 9/99 Gambling, Liquor Control, and Adult Entertainment Gambling Establishment~ The City suooorts ~iving local governments the authority to regulate the siting of gambling establishments and enact moratoriums on the acceptance of applications for gambling establishments. The City also supports legislation allowing the state Gambling Commission to limit the number of licenses it approves for a given geographic area. Adopted 9/99 Card Room and Liquor Licenses Federal Way strongly supports any efforts to make the commercial liquor license and house-banked card room license application process~_ more accessible to the public. A public hearing process would improve access by the community and would encourage greater input and comment from all interested parties. In addition, ~ license applications should be make made available for public inspection and subsequent written comment at the local government level. Appllc,h~; ,,,,Ad ,.cxA ,,,F.o,~,- .... a Fuu-,, ......... .,,u,~ in ~,a~,;r a&, ci~,i~ing Amended 9/99 Liquor Control Board The state should conduct a performance evaluation/audit of the liquor control board as it relates to its mission of regulating liquor for the sake of our state's communities. The Legislature should restructure/reaffirm Liquor Control Board as mandated by audit. Adult Entertainment The City supports model ordinance legislation for adult entertainment consistent with the provisions of Federal Way's adult entertainment ordinance which have been sustained through numerous court appeals. Adult Retail Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult retail establishments on their communities by adopting strict requirements for location and hours of operation. Secondary impacts have been documented by a number of studies and include increased criminal value, diminished neighborhood character, and downward pressure on property values. Law Enforcement Issues Local Law Enforcement Authority Federal Way opposes legislation and/or other efforts to remove the authority of municipalities to provide local law enforcement services, including special services, regardless of the potential for service contracting. The City also opposes actions or legislation which would transfer incarceration responsibilities from the state or county to municipalities without additional funding. Police Officer Jurisdiction ~ a ~,,~-~ ~ .~:~'~ c~. ~,'~,~:~ ~£~61~ ~, F~e~ Way mp~ effo~ to ~e ~ o~ ~le to e~o~ ~ ~'s ~ ~he~ ~ ~e ~. ~s ~d ~u~ ~e ~ for ~fi~ ~ offi~ who ~a ~ ~ci~n~ ou~i~ ~e ~'s ~. ~ it ~ now, j~o~ m~ exc~nge leRe~ ~g ~nt ~ offi~ to e~o~ law ou~i~ of ~ek j~o~. Police Officer Privacy Federal Way supports efforts to protect the identifies of law enforcement personnel by eliminating oublic disclosure requirements for officer names and addresses, allowing orivate entities such as credit agencies to withhold officer names and addresses, and allowing officers to register personal vehicles at their places of emolovmcnt. Adopted 9/99 R~dar Testimony Federal Way supports legislation allowing for the admission in court of the readings of speed measuring devices without the need for additional expert testimony if the device satisfies specific requirements established by the Legislature. Federal Way would also support alternative legislation which would allow the City to impose the cost of witness fees in cases where the infraction is found to have been committed. Adoptmi 9/99 Juvenile Issues Parental Accountability Federal Way supports legislation which makes parents more accountable for their juvenile offender children. Disposition Standards for Juvenile Offenders Federal Way supports legislation revising thc current juvenile disposition standards to provide stronger sanctions for chronic, misdemeanor behavior for juvenile offenders and to permit the court greater discretion to impose detention or some form of secure treatment in cases of juvenile offenders who have prior criminal history. Emergency Communications Federal Way opposes the creation of a E-311 non-emergency communications system. Rather, efforts should be made to further educate the conununity about the use of the existing E-911 system and existing 7-digit non- emergency lines. Empty Ch~ir Defense Federal Way supports legislative action related to tort reform to clarify that the defendant should not be required to mandatorily join all potential "at fault" entities into litigation, or have to risk losing the ability to apportion fault to thc third party(s). Any move to thc contrary would inappropriately shift thc burden of proof from thc plaintiff to the defendant in proving fault. Public Works~ Parks~ and Environment Transportation Issues Transportation Funding Refom Federal Way supports continued reform of state funding for transportation to include a broad range of funding solutions able to address traffic congestion, growth and High Capacity Transit alternatives. Such reform should seek funding sources, which will be dedicated to major local transportation projects, keep up with inflation, and will provide the city with local option revenue authority for the expansion, maintenance and operation of local transportation systems. Public Works Project Definition The City supports defining small public works projects as those costing less than $100,000 and exempting such projects from the state's Public Works Projects definition. The current definition of small public works projects is easily confused and is applied inconsistently across different local jurisdictions. Public Works Trust Fund The Public Works Trust Fund (PWTF) benefits many local governments with dependable, long term funding for repair and reconstruction of local public works systems. The Legislature is now required to approve an annual list of projects, but has never deleted a project recommended by the Public Works Board. Federal Way supports continued allocation of funds to the PWTF and supports elimination of the etinmrafi~--~he Legislative approval requirement fc,~ ;..~'.,,,o,~,o,~,,,,, ~ '- ~,,,~,,*- ;~c, I~,~,I~ ...... T,---~,~ F~,~d,"-. Expediting the approval process would facilitate the construction of these projects by the summer construction season. Amended 9/99 Bidding Procedures and Limits Federal Way supports efforts to streamline state laws and regulations governing the bidding process, giving cities greater flexibility in bidding procedures and limits. This could include raising the ceiling for small works roster projects from $100,000 to $1,000,000 to reduce the costly bid process. Transportation Improvement Plan Federal Way encourages efforts to secure state support for City priority transportation projects as outlined in the City's ~)99-2004 2000-2005 Tramportation Improvement Plan. Amended 9/99 Water Resources Salmon Issues State initiatives related to salmon habitats should contain local components that recognize the vast diversity of conditions across the state. In addition, all state initiatives and processes related to salmon should include meaningful input from local government. Water Resource Management Addressing water resource management issues will require increased intergovernmental coordination among local and regional governments and the state. Federal Way supports continued state financial assistance for water supply, wastewater management, groundwater protection, and storm and surface water facilities and programs. These programs are especially important in complying with state and federal water quality standards (NPDES, National Pollution Discharge Elimination System). The City also supports retention of the authority of loeal water districts to manage their assets, participating in regional planning as appropriate, to provide and protect for the current and future water needs of their customers. Flood Damage Reduction Federal Way contains a number of flood prone areas, both developed and undeveloped which require specialized planning. Recent proposed flood damage reduction legislation was flawed, partially due to the fact that is was based on an overall floodway approach, which does not consider all flood prone areas in the state. The City supports comprehensive flood damage prevention planning accomplished at the local level as a partnership among impacted cities, the county, state and affected area interests. Each flood prone area is unique and should be planned for accordingly. Locally developed and adopted flood damage protection plans must seek to establish a balance between the need for appropriately designed growth and the need to reduce further flood damage. Parl~ and Open Space Federal Way encourages efforts to secure state support for C-ityprimity parks and open space projects as outlined in' ................................ - -'~ ......... ' - - - local plans This support ...... should include legislation whiett, wo~fld to exempt public park and public cultural arts facility construction from state and local option sales taxes. Amended 9/99 Funding of county-wide recycling progrms Federal Way opposes efforts to fund county-wide solid waste by allowing counties to collect a fee directly from customers ofcity franchisers. Cities are the appropriate collectors ofthese fees through city-negotiated solid waste franchise agreements. Enerkw and Telecommunications Telecommunications Federal Way continues to strongly oppose legislation which would preempt local authority over such items as pole attachments, cellular tower siting, cable refranchising, and telecommunications charges. Federal Way supports ~ continued Legislative efforts to protects the right of local governments_ to negotiate right-of-way agreements and exercise other controls on the operation of telecommunication business in the public rights of way. Amonded 9/99 Utility Facility Relocation Federal Way supports efforts to affirm the duty of private utilities to include bearing the cost of relocating their facilities within city rights-of-way when requested by a city. Tax Collections by Out-of-State Provider~ State law should require out-of-state electricity providers to collect state and local utility taxes on services provided to customers within the State of Washington. Electric Industry Regulation Federal Way supports energy utility regulation based on the following principles: a) Local governments should retain the authority to manage industry facilities within thc public right of way and the authority to tax thc utility providers, b) Electricity service should be available to customers at prices that are reasonable and affordable, c) A non-economic bypass and the inappropriate shifting of costs of the electric system between or among customers do not constitute fair and efficient competition. Customers of continuing monopoly service should benefit, at least, not be harmed, from choices made by customers with access to competitive options, d) The long-term safety, integrity, reliability and quality of the bulk electric system and retail electricity service should not be jeopardized, e) Consumers should be afforded a broad range of choice in electricity service and pricing options, f) Development of competitive electricity markets should not undermine environmental protection, energy efficiency, resource diversity and technological innovation, and g) the public should maintain a voice in the industry's regulatory process and the interests of customers should continue to be balanced with the opportunity for shareholders to earn fair returns. 10 MEETING DATE: September 21, 1999 ITEM# ',//~--~/~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SW 356th St. Regional Storm Water Storage and Treatment Facility Property Condemnation - PARKE Property CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Proposed Condemnation Ordinance; "SW 356th Street Closed Depression Analysis" prepared by KCM March 1999 SUMMARY/BACKGROUND: Acquisition of property to enable operation of the closed depression as a regional storm water storage and treatment facility is part of the City's adopted CIP for 1999. The properties are located in a natural closed depression which historically and currently receives storm water runoff from a large upstream tributary basin. In furtherance of the CIP, staff has reviewed several alternative solutions to existing flooding and predicted flooding problems within the tributary basin. These alternatives are reported in the attached closed depression analysis by KCM, Inc. dated March 1999. The report concludes, and staff concurs, that the best alternative solution is the acquisition of appropriate property rights within a significant closed depression and that property be designated, operated, and maintained as a regional storm water storage and treatment facility. The acquisition of property rights to the elevation of 320 feet - recommended alternative #5 - as indicated by the report involves the purchase of strip easements from six separate lot owners and the fee simple acquisition of one entire lot (the Parke property - explained below) within and along the closed depression. To date the purchase of the strip easements has proceeded in a cooperative manner. In the event that the other property owners refuse our purchase offers, we will return to Council in the future to seek adoption ora condemnation Ordinance if necessary. Mr. Parke's property requires full fee simple purchase and negotiations have not been fruitful. Fee simple purchase is required because most of his property - including the area surrounding the house and his barn - are within the 100-year floodplain, i.e~ his property is at the bottom of the closed depression. During the preceding two years, the City was a defendant in a lawsuit brought by Mr. Parke, alleging that, by its approva, of the Bellacarino Woods subdivision, the City had inversely condemned his property because some drainage from Bellacarino Woods flowed there during heavy storm events. The City made several offers to settle the lawsuit by purchasing Mr. Parke's property at fair market value or building a new house for him on the portion of the same property located above the closed depression. The offers were refused, and Mr. Parke's attorney made clear that Mr. Parke did not wish to sell his property under any circumstances. Staff is therefore requesting that the Council adopt the attached Ordinance condemning the property. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A ...c. . .! ...... .............. 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\covercc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF A REGIONAL STORM WATER DETENTION FACILITY IN THE VICINITY OF SOUTHWEST 356TM STREET AND BETWEEN 4TM AVENUE SOUTHWEST AND 8TM AVENUE SOUTHWEST, ALL WITHIN THE CITY OF FEDERAL WAY, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; PROVIDING FOR THE CONDEMNATION, APPROPRIATION, AND TAKING OF REAL PROPERTY NECESSARY THEREFOR; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. WHEREAS, in 1991 King County prepared The Hylebos Creek and Lower Puget Sound Basin Plan ("Plan"), which identified drainage complaints dating back to 1974 and originating within the drainage basin located in the vicinity of SW 346th Street and SW 363rd Street, and extending from 6th Avenue SW to about 20th Avenue SW ("the Basin"); and WHEREAS, the Plan called for a "SW 356th Street Drainage Study," to conduct hydrologic modeling of several closed depression and complete preliminary engineering design of a storm water drainage system to solve local flooding of structures in the areas within and surrounding closed depressions within the Basin; and ORD# ,PAGE1 WHEREAS, in 1992 King County commissioned the firm of Brown & Caldwell, and Northwest Hydraulic Consultants under contract with Brown & Caldwell, to conduct the SW 356th Street Drainage Study; and WHEREAS, Brown & Caldwell recommended that the County or City of Federal Way consider purchasing property below the elevation 320 feet and located within the closed depression in the vicinity of SW 356~ Street between 4th Avenue SW and 8~' Avenue SW; and WHEREAS, as part of its 1995 adoption of its GMA Comprehensive Plan, the City Council adopted a 6-year, Surface Water Management Capital Improvement Program ("CIP"), which included monies for acquisition of property within the closed depression; and WHEREAS, acquisition of property to enable operation of the closed depression as a regional storm water storage facility was approved by the City Council as part of the Surface Water Management's 1998-2003CIP, was adopted as Table VI-4 in the Ci;.~ 's December, 1998 GMA Comprehensive Plan; WHEREAS, the City of Federal Way commissioned KCM, Inc. to further study the options of either purchasing property within the closed depression, for use as a regional storm water storage facility, flooding; and or utilizing other engineering techniques to reduce the potential for WHEREAS, in March 1999 KCM, Inc. prepared its SW 356th Street Closed Depressions Analysis, which analyzed five alternatives and concluded that purchasing property within the closed depression subjected to flooding up to the 100-year recurrence frequency is the least cost option that provides the desired level of protection from flooding; and ORD # , PAGE 2 WHEREAS, City staff have recommended, based on the KCM Analysis, that the City purchase property within the closed depression, to allow the closed depression to function as a regional storm water storage facility; and WHEREAS, pursuant to WAC 197-11-800(5)(a), the acquisition of any right to real property is exempt from review under the State Environmental Policy Act; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessity. The public health, safety, necessity and convenience demand that a closed depression located within the City of Federal Way and depicted on the map attached as Exhibit A hereto be operated and maintained as a regional storm water storage facility, and that certain property be condemned, appropriated, taken and damaged for such purposes. The failure to operate and maintain the closed depression as a regional storm water storage facility could eventually result in the flooding of structures within the closed depression below the elevation of 320 feet, contribute to runoff and flooding within a different drainage basin which drains to the already overtaxed Hylebos Creek channel, subject the City to litigation (albeit not meritorious), and/or result in a building moratorium which prevents the City of Federal Way from meeting annualized household growth targets set pursuant to the Growth Management Act and the King County Countywide Planning Policies. Section 2. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the parcel located within the City of Federal Way and legally described in Exhibit "B" attached hereto and incorporated herein by this reference, and as shown on the parcel map set forth in Exhibit "C" attached hereto and ORD # , PAGE 3 incorporated herein by this reference ("Property") shall be and hereby is condemned, appropriated, taken and damaged for the purposes of installing, operating, and maintaining a regional storm water storage facility within the closed depression, including but not limited to storm drains, culverts, berms, spillways, outlet works and/or pipelines, together with: (a) all necessary appurtenances and related work to make a complete improvement in accordance with City standards; (b) the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the regional storm water storage facility; and (c) temporary easements to enable installation of said improvements; with all of the foregoing and the Property being taken, damaged and appropriated subject to the making or paying of just compensation to the owner thereof in the manner provided by law. Section 4. Condemnation Legal Action. The City Attorney or other attorney selected by the City Attorney is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as a regional storm water storage facility. The City Attorney is further authorized to adjust the amount of the Property condemned herein, in order to minimize damages, provided that said adjustment does not interfere with the use of the Property by the City as a regional storm water storage facility. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of ORD # , PAGE 4 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this __ day of October, 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. K:\ORDIN\CONDMreg.356 ORD # , PAGE 5 Exhibit A Closed Depression TRACT A B~LLACARINO WOODS DIVISION 2 lOT 1 K,C,S.R 177014 UNPLAT TED PARCEL 48 Key: Closed Depression at Elevation 320' Map Date: September, 1999. City of Federal Way, 33530 First Way S, Federal Way, WA 98003 (253) 661-4000. This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. luserslmikes/lawlexhiba.aml LOT 3 K.C.$.P. 177014 LOT ~- K.C S.P 177014 EXHIBIT B LEGAL DESCRIPTION OF CONDEMNED PROPERTY Lot 1, King County Short Plat Number 177014 recorded under Recording Number 7703110466, said Short Plat being a subdivision of the west half of the southeasn quarter of the northwest quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT therefrom the south 270.00 feet thereof; TOGETHER WITH an easement for ingress, egress and utilities over that portion of the west half of the northeast quarter of said Section 30, described as follows: Beginning at the intersection of the west line of the east half of said west half, with the north margin of Southwest 356~h Street; thence north 77°23'15'' east along said north margin, 50.40 feat to the beginning of a tangent curve to the right, having a radius of 25.00 feet; thence northwesterly along said curve, through a central angle of 75o54,41'' an arc length of 33.12 feet to a line that is parallel with and distant easterly 30.00 feet from said line; thence north 01°28'34'' east along said parallel line, 477.81 feet, more or less, to the north line of the south 270.00 feet of the northwest quarter of the northeast quarter of said Section 30; thence north 88~55'16'' west along said north line, 30.00 feet to said west line; thence south 01~28'34" west along said west line, 485.81 feet to the point of beginning. xhibit C Condemned Property ELEVATION 320 TRACT A BEU. ACARINO WO00S DIVISION 2 LOT 1 K_C.S.F~ 177014 UNPLATTED PARCEL 46 Key: Condemned Property Map Date: September, 1999. City of Federal Way, '3530 First Way S, ederal Way, WA 98003 (253) 661-4000. This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. /uscrs/mikes/law/e×hib a.aml LOT 3 K.C~;. P. 177014 LOT 4 K.C,S.P. 177014 N J I ] 1 J SW 356TH STREET CLOSED DEPRESSION ANALYSIS March 1999 Prepared for: City of Federal Way 33530 Ist Way South Federal Way, Washington 98003 Prepared by: KCM, Inc. 1917 First Avenue Seattle, Washington 98101-1027 (206) 443-5300 Prwect#2840108 SW 356th Street Closed Depression Analysis TABLE OF CONTENTS Title Page No. .] ] 1 1 ] ] 1 o Introduction ......................................................................................... 1 Background ..................................................................................................... 1 Previous Analyses ........................................................................................... 1 HSPF Modeling Analysis ................................................................... 5 Major Model Components ............................................................................... 5 Precipitation/Evaporation Data ............................................................. 5 Soil Data ................................................................................................. 5 Land Use ................................................................................................. 5 Subbasin Delineation ............................................................................. 5 Results ............................................................................................................. 8 Alternatives .......................................................................................... 9 Alternative 1 .................................................................................................... 9 Alternative 2 .................................................................................................... 9 Alternative 3 ............... · ................................................................................... 10 Alternative 4 .................................................................................................. 10 Alternative 5 .................................................................................................. 11 Alternative 6 .................................................................................................. 14 4. Conclusions ........................................................................................ 15 5. Reference~ .......................................................................................... 17 Appendices A. HSPF Input Data Files B. Topography of the Depression Area ... TABLE OF CONTENTS No. SW 356th Street Closed Depression Analysis LIST OF TABLES Title Page No. 1 ] ] 1 2 3 No. 1 2 3 4 Stage Frequency Analysis for the SW 356th Street Closed Depression ....... 8 Parcels Containing Elevation 320 Feet ........................................................ 12 Estimated Construction Cost for Alternatives ............................................. 15 LIST OF FIGURES Title Page No. Vicinity Map .................................................................................................... 2 Subbasin Delineation for HSPF Model .......................................................... 6 HSPF Modeling Schematic--Case 3; Existing Conditions ............................ 7 Impacted Parcels ........................................................................................... 13 ii 'l ] ] ] I ] ! ! 1. INTRODUCTION KCM has reviewed previous hydrologic analyses of the SW 356th Street closed depression and its drainage basin. Numerous analyses have been performed in this basin, primarily in association with residential developments. King County recognized the need for further analysis of the basin in the Hylebos Creek and Lower Puget Sound Basin Plan (King County, 1991). The County identified the basin as a problem area (Project Number 2451) and recommended further study. This report summarizes the previous analyses, with an emphasis on the most current. It describes key modeling information, identifies alternatives, and summarizes the conclusions found. BACKGROUND The 354-acre drainage basin of the SW 356th Street closed depression is almost evenly divided by SW 356th Street. It extends from about 6th Avenue SW to about 20th Avenue SW, between about SW 346th Street and SW 363rd Street (see Figure 1). Land-use in the drainage basin is primarily single-family residential. The basin includes two major closed retention ponds: the Madrona Meadows pond in the western part of the basin and the Bellacarino Woods Park closed depression in the eastern part. When the Madrona Meadows pond's water level increases sufficiently, it overflows and drains to the Be~acarino Woods Park closed depression. Both closed depressions drain primarily by infiltration. The basin has been identified as having historical drainage problems (King County Project Nmnber 2451). The Hylebos Creek and Lower Puget Sound Basin Plan called for the following project to address the problems: SW 356th Street Drainage Study--Conduct hydrologic modeling of several closed depressions and complete preliminary engineering design of a stormwater drainage system to solve local flooding of structures in the area surrounding the closed depression. The County has recorded drainage complaints from within the drainage basin dating back to 1974. Recent complaints (1990) include a residence that experienced flooding, including structure flooding, when water ponded in the closed depression. PREVIOUS ANALYSES Numerous analyses of the drainage basin have been performed in association with residential development and with SW 356th Street roadway improvements. The earliest analysis reviewed for this report was conducted in 1989. Generally, each study was more sophisticated than the previous studies, reflecting improved calculation techniques and stricter development standards. J J 1 ! S'a^V pu~s S 'e^V ls i S 'OAV · 0 MS '~AV q~.~ t MS 'eAV / / / MS 'a^¥ q~,9 J ~wz ~o o SW 356th Street Closed Depression Analysis... ... i. INTRODUCTION ! I ! ! ! ! I ! ! ! ! ! I i I ! I I Stepan & Associates conducted a drainage analysis for the Madrona Meadows development, using the SCS method (Stepan, 1989). The analysis for the Madrona Meadows retention pond used a perc§lation rate of 30 minutes/inch (48 inches/day). Urban Design performed an analysis of the SW 356th Street closed depression (referred to as the Bellacarino Woods closed depression in Urban Design's report) using SCS methods (Urban, 1990). The analysis identified a tributary watershed area of 225 acres and concluded that the closed depression will accommodate the 100-year 24-hour storm but not the 100-year 7-day storm. In 1991, Urban Design expanded its previous analysis to account for overflow from the Madrona Meadows retention pond (Urban, 1991). This analysis had the benefit of percolation rates based on observed ponding. A percolation rate of 5.6 inches per day was calculated for the closed depression from measurements taken during one storm (subsequent field surface percolation tests indicated infiltration rates many times higher, but the value of 5.6 inches was used for the study). Field surface infiltration tests by others at the Madrona Meadows pond found virtually no infiltration there. Therefore, the 1991 Urban Design study assumed~ no infiltration at the Madrona Meadows pond and routed overflow to the Bellacarino Woods Park closed depression. Brown and Caldwell performed an analysis of the depression for King County's Surface Water Management Division, apparently in response to reported flooding in the depression during a January 1990 storm (Brown and Caldwetl, 1991). The analysis used King County's "HYD" model (SCS based). King County Surface Water Management's basin plan for Hylebos Creek and Lower Puget Sound identified the depression as a problem area and recommended further study (King County, 1991). The basin plan did not include detailed analysis of the area. Barghausen Consulting Engineers prepared storm drainage calculations for the Bellacarino Woods development (Barghausen, 1993) incorporating findings from a 1992 Brown and Caldwell analysis (Brown and Caldwell, 1992) and a 1992 study by Northwest Hydraulic Consultants (Northwest, 1992). Key conclusions, primarily from the Northwest Hydraulic Consultants analysis, were as follows: · Under existing conditions, the private residence closest to the bottom of the depression would not be inundated by storms up to a 50-year storm. · Under existing conditions, the barn of that residence would be inundated bv any storms gTeater than a 2-year storm. · Under existing conditions, the depression would not overflow during the lO0-year storm event. · Under future full build-out conditions, the depression would fill and spill about 4 acre-feet during the lO0-year event, and the residence would be inundated by storms ooTeater than a 2-year storm. One of the Bro~vn and Caldwell recommendations was to purchase property at and belo~v elevation 320 feet. The Northwest Hydraulic Consultants analysis used an infiltr~x~ion rate SW 356th Street Closed Depression Analysis ...... 1. INTRODUCTION of 4.15 inches per day, based on on-site observations, but recommended further investigation of soil infiltration rates. The soils report included in the Barghausen report (RittenhouseqZeman, 1991) included an infiltration study. Fourteen surface and subsurface infiltration tests were performed in accordance with criteria from the King County Surface Water Design Manual. Surface infiltration rates were observed to be from 0.2 to 0.7 inches per minute (288 to 1,008 inches per day), while the subsurface infiltration rates ranged from 0.1 to 3.3 inches per minute (144 to 4,752 inches per day). KCM prepared a comprehensive surface water management plan that included analysis of several basins in the City of Federal Way (KCM, 1996). This plan incorporated King County Project 2451 in the Panther Lake basin. Although the County project did not lie within the portion of the Panther Lake watershed that received detailed analysis, it was included in the City's capital improvement program as City project WH07-CIP-03. The most detailed analysis performed to date for this watershed was performed by Northwest Hydraulic Consultants Inc. (NHC, 1998) as consultants to Novastar Development Inc. in support for the Silverwood development project. This analysis used the HSPF model. HSPF is a complex, conceptual, deterministic hydrologic simulation model that uses a continuous accounting of soil moisture and runoff processes to simulate stream flow, lake levels and other hydrologic variables on a continuous basis for extended periods. The Silverwood analysis is summarized below. ] ] 1 ! J 4 2. HSPF MODELING ANAI,YSIS MAJOR MODEL COMPONENTS Precipitation/Evaporation Data The HSPF model used by Northwest Hydraulic Consultants for its Silverwood study incorporated about 49 years of precipitation data recorded at Sea-Tac International Airport and nearby Lake Doloff. Evaporation data were taken from Puyallup weather station records and, for missing periods, calculated using the Jenson-Haise equation and long-term averages. Soil Data Two major soil types were identified; a glacial till with low infiltration capability, and an outwash soil with a high infiltration capability. Two bands of the outwash soil lie in the basin--one near the west boundary and one along the eastern boundary in the vicinity of the closed depression. Land Use The analysis conducted HSPF simulations for the following sets of land use conditions: 1. P]:e-~ampus Highlands development land-use (1990 conditions) | ! 2. P~e-Bellacarino Woods development land-use (1994 conditions) 3. Current land-use (1996 conditions) 4. Current land-use with the addition of the Silverwood development (this condition was modeled with and without expansion of the Bellacarino Woods pond) 5. Full buildout conditions. The HSPF input data files depicting these alternatives are in Appendix A. Subbasin Delineation For the 1998 Silverwood drainage analysis, Northwest Hydraulic Consultants delineated 13 drainage subbasins in the drainage basin, as shown in Figure 2. A schematic of how the basins were modeled for land use condition 3 is shown in Figure 3. Subbasins are delineated to coincide with key drainage controls, such as detention ponds or natural divides, and points of interest for the hydrologic analysis. Topographic mapping was found from the design drawings from Barghausen (see Appendix B). This mapping depicted the pond topography, the Bellacarino Woods pond, and topographic modifications in the vicinity resulting from the development. Maximum storage in the depression prior to overtopping SW 356th Street is a little less than elevation 320 feet. The overflow constructed on the north end of the depression is set at 319.5 feet. There is insufficient information to confirm whether water will overtop SW 356th Street when the overflo~v structure starts to overtop. 325 ~' ,d. 1 1 $.~. 360TH ST. I I I i I I I I I S.W. 363RD'PL. 1917First Avenue Seattle, Washington 98101 City of Federal Way SW 356TH STEET CLOSED DEPRESSION ANALYSIS Figure 2. SUBBASIN DELINEATION FOR HSPF MODEL MADRONA MEADOWS POND (E2) ~J~RAVINE/ Ill BERM ~ SUBBAS/N S~B SUBBASIN SB-E1 [] SUBBASIN SB-D4 B BELLACAR~O WOODS POND INFLOW BELI_ACARINO WOODS POND CLOSED ~EPRESSION INFL 0 W CLOSED )EPRESSION LEGEND SUBBASIN Description of SB-E1 Modeled Segment ~ RCHRES Identifier [] FTABLE Identifier 1917 First Avenue Seattle, Washington 98101 City of Federal Way SW 356TH STEET CLOSED DEPRESSION ANALYSIS Figure 3. HSPF MODELING SCHEMATIC-- CASE 3; EXISTING CONDITIONS t SW 356th Street Closed Depression AnalTsis ...... 2. HSPF MODELING ANALYSIS RESULTS i Table 1 summarizes the results of the Silverwo0d HSPF analysis. These results are based on an infiltration rate of 8 inches per day. There will be a substantial increase in storage elevation when the watershed becomes fully developed; depth will increase over existing conditions by more than 7 feet. TABLE 1. STAGE FREQUENCY ANALYSIS FOR THE SW 356TH STREET CLOSED DEPRESSION Site/Scenario 2-year Pre-Campus Highlands (1990) Conditions 301.7 Pre-Bellacarino Woods (1994) Conditions 304.2 Current (1997) Conditions 303.1 Post-Silverwood Conditions 301.1 PostoSilve~vood with expanded BC Woods pond 300.8 Full Buildout Conditions 310.4 Predicted Stage (feet) 10-year 25-year 50-year 100-year 307.0 308.6 309.5 310.3 308.1 309.6 310.4 311.2 308.0 309.6 310.4 311~4 307.9 309.5 310.4 311~4 307.6 309.3 310.3 311.2 315.3 317.0 317.9 318.6 l ! 1 ! ] 1 8 3. ALTERNATIVES Several alternatives were developed to address the flooding within the depressional area. The alternative analysis utilized the modeling information and results from the NHC analysis. These alternatives include: 1. Building moratorium within the basin. 2. Berm to store runoff only on the Bellacarino development site. 3. Install a pump station to maintain a water surface elevation in the existing Bellacarino Woods Park closed depression that prevents overtopping into the depressional area. 4. Install a gravity drainage line that drains from the closed depression along SW 356th Street and ultimately discharging into Hylebos Creek. 5. Purchase the property subjected to flooding for the 100-year return frequency. 6. Additional excavation in the Bellacarino Woods Park closed depression (Tract A) to accommodate full build-out. The following sections describe the alternatives and provide a planning level cost estimate associated with the drainage improvements needed for the alternative. The alternatives are configured to accommodate the 100-year recurrence frequency when possible. ALTERNATIV~ 1 ] l ] l Alternative 1 is the implementation of a building moratorium within the watershed. This would freeze the conditions near those predicted by NHC for current conditions (1997). However, as discussed by B&C (1992), flooding will still occur within the closed depression. The barn located in the depression would be inundated by any storm greater than a two- year storm while the house would be inundated by any storm greater than about a 50-year storm. This alternative has no structural drainage improvement, consequently there are no drainage construction costs associated with this option. This alternative is a political decision that would have to be made by the City Council. The alternative may have additional legal implications associated with a building moratorium. ALTERNATIVE 2 Alternative 2 evaluated the feasibility of constructing a berm on the Bellacorino Woods retention site to elevation 320-feet. This option would prevent runoff from the Bellacorino Woods Park closed depression from overtopping and draining into the adjacent closed depression. The berm was configured using a 3 to I side slope ratio and a 10-foot top width. A geotechnical analysis was not conducted for this berm geometry but it represents a common configuration. SW 356th Street Closed Depression Analysis... ...3. ALTERNATIVES ] ] ] 1 ] ] The storage capacity of the pond resulting from this alternative is about 31 acre-feet. This volume corresponds to about a 2-year recurrence frequency. Consequently, storms larger than this frequency would overtop and, individually or in combination, flow into the adjacent closed depression, flow down SW 356th Street, or spill into the overflow structure located on the north end of the closed depression. Costs associated with this alternative are approximately $901,000. This cost does not assume construction of cutoff walls below the berm, if required, by any future geotechnical analysis of the berm. ALTERNATIVE 3 Alternative 3 includes the construction of a pump station that would pump storm water from the Bellacarino Woods Park closed depression when the water surface elevation reaches elevation 304 feet, approximately the elevation when the pond would start to overtop into the adjacent closed depression. The pump station would be located on the northern portion of the retention pond site and would discharge into a new conveyance system. This conveyance system would drain east along the recently constructed residential road, down over the hill into an existing swale, be picked up again further north and be conveyed east once again until outfalling into Hylebos Creek. Costs associated with these drainage improvements include the pump station, intake and discharge piping, catchbasins, and inlet and outlet structures for the piping. The planning level cost estimate associated with this alternative is $2,544,000. This alternative does not include the costs associated with environmental reviews, permitting, downstream analyses and potential downstream drainage improvements. This option transfers water from a closed basin and discharges into another. The receiving Hylebos Creek drainage basin contains numerous problem areas and limited conveyance capacity. Adding additional runoff into that system will further exacerbate drainage problems in the basin. It is unlikely that this option could be permitted and implemented. ALTERNATIVE 4 Alternative 4 evaluates providing a gravity drainage system from the closed depression. The 36-inch pipe would start north of SW 356th Street, go south a short distance to SW 356th Street, proceed east on SW 356th Street until 1st Avenue South, turn north on 1st Avenue South and outfall into Hylebos Creek. The total pipe length is about 3000 feet. The initial 300 feet of this drain line would involve very deep construction in SW 356th Street, over 30 feet deep in spots. At least half of the roadway width would be closed during the construction of the pipeline. This option requires obtaining an easement from the Bellacarino Wood Park retention pond through private property to SW 356th Street in order to convey the runoff from the pond to the pipe inlet. Depending upon the outcome of a detailed topographic survey along this route, a channel may need to be constructed to convey excess stormwater from the retention pond. The cost estimate does not include this possible channel construction. The planning level cost estimate for this alternative is $1,631,000. 10 SW 356th Street Closed Depression Analysis ...... 3. ALTERNATIVES ] ] ] _] J As with Alternative 3, this alternative does not include the costs associated with environmental reviews, permitting, downstream analyses and potential downstream drainage improvements. This option transfers water from a closed basin and discharges into another. The receiving Hylebos Creek drainage basin contains numerous problem areas and limited conveyance capacity. Adding additional runoff into that system will further exacerbate drainage problems in the basin. It is unlikely that this option could be permitted and implemented. ALTERNATIVE 5 Alternative 5 follows the recommendation in the B&C report (1992) by purchasing the property subjected to flooding up to the 100-year recurrence frequency. The predicted 100- year flood stage elevation in the depression under future full buildout conditions is 318.6 feet (NHC 1998). Brown and Caldwell recommended purchasing property around the depression up to elevation 320 feet. This is a reasonable recommendation, as the overflow on the north of the depression is set at elevation 319.5-feet and SW 356th Street's profile elevation is near 320 feet. Flooding cannot reach depths greater than the overflow elevation other than depth over the weir of the overflow structure. Based on available topographic information, 320 feet is the maximum storage depth elevation possible in the depression prior to overtopping. Several properties lie within the 320-foot elevation flood plain. Based on data compiled by Brown and Caldwell (1992) and updated to represent current ownership, seven properties are within or partially within elevation 320 feet. Figure 4 is a reproduction of a figure from the above source that depicts the impacted parcels. Table 2 lists the impacted property owners and the~approximate acreage of land per parcel at or below elevation 320 feet. Exact area of property acquisition would need to be determined based upon a topographic survey of each parcel that would be completed by the City. The home nearest the overflow on the north end of the depression appears to have foundation vent openings very close to the elevation of the overflow rim (319.5 feet). Contour maps created for the development indicate that the ground elevation for the building should be at elevation 320 feet. Confirmation of the rim elevation and foundation elevation may be appropriate. It is possible to lower the overflow rim if necessary. However, stormwater that enters the overflow structure is directed through a 12-inch storm drain that ultimately drains to the west tributary of Hylebos Creek. The Hylebos Creek system is already overtaxed by stormwater runoff; further contribution of runoff from this watershed will aggravate the existing conditions and therefore should be avoided. The estimated cost for this alternative is $365,000. This estimated cost is for comparative evaluation only. The City must perform an appraisal of the affected properties to establish actual property valuation. 11 SW 356th Street Closed Depression Analysis ...... 3. ALTERNATIVES ] ] I ] l .! ] ] TABLE 2. PARCELS CONTAINING ELEVATION 320 FEET Owner Acres Simmons Tract 'A', NG Inc.a Parkeb Wilson Neighbors Cannon Weber 0.3 Land Development, 5.3 2.3 0.7 0.5 0.2 0.7 a. Previous owner was identified as Bellacarino Woods Development b. Previous owner was Thode, area includes the entire parcel with buildings Source: Brown and Caldwell (1992) 12 ACT "^" J KCM City of Federal Way j;igure 4. SW 356TH STEET IMPACTED PARCELS lg 17 First A venue Seattle, Washington 98101 CLOSED DEPRESSION ANALYSIS SW 356th Street Closed Depression Ar~alvsis ...... 3. ALTERNATIVES ALTERNATIVE 6 Alternative 6 examines providing additional storage volume by excavating the existing Bellacarino Woods Park closed depression in Tract A. The goal is to provide sufficient volume to accommodate full build-out. Excavating the existing Tract A depression utilized three to one side slopes to the maximum depth obtainable within the depression, which represented an 18-foot excavation. The additional volume provided from this excavation was approximately 3.4 acre-feet. This added volume represents much less than the required volume to prevent inundation from the 2-year storm, far less than the capacity needed for the 100-year storm under full build-out conditions. There are several flaws with Alternative 6. These include the following: · Inadequate volume to achieve the 100-year level of protection · Potentially intercepting the groundwater table, thus drastically reducing the infiltration capability of the closed depression · Topographical limitations and proximity of property lines restrict additional excavation and volume enlargement. Costs associated with this alternative address excavation from the depression. The planning level cost estimate is $169,000. ] ] ] J 14 1 ] ] ] 1 1 ,I 4. CONCLUSIONS Several analyses have been performed for the closed depression. The most current analysis performed by NHC (1998) is the most comprehensive to date. Information developed in the NHC analysis and the modeling results were used to formulate conceptual alternative improvements. Using this information, five alternatives were developed. One alternative has been identified in a previous analysis, the others were new for this report. The closed depression receives runoff from 344 acres of rapidly developing residential area. There is also considerable opportunity for redevelopment with more intense land utilization with the commensurate potential for increased runoff, especially south of SW 356th Street. Under full build-out conditions, maximum water surface elevations are predicted to increase more than seven feet over existing levels. The conceptual alternatives ranged from a political decision, such as imposing a building moratorium in the watershed, to large drainage structural improvements including the construction of over one-half mile of large diameter drainage pipeline. The alternatives focused on solving the drainage problem in the depression. But as discussed in the description of the alternatives, solving the drainage problem in the depression may create more drainage problems in the receiving watershed ~vhen the alternatives involving inter- basin transfers are considered. The alternative's cost represents an estimate of only the drainage improvement identified to solve the drainage problem in the closed watershed, not the cost to correct any drainage problems that may be created in the downstream basin. Based upon construction cost estimates, Alter[ative 5 is the least cost option that provides the required level of protection. Table 3 summarizes the cost for each alternative. TABLE 3. ESTIMATED CONSTRUCTION COST FOR ALTERNATIVES Alternative Cost Level of Protection I $0 2-year(barn) 2 $901,000 2-year 3 $2,544,000 lO0-year 4 $1,631,000 lO0-year 5 $365,000 100-year 6 $169,000 <2-year Other Impacts Area still floods Area still floods Diverts flow into another basin, downstream impacts need evaluation Diverts flow into another basin, downstream impacts need evaluation Flooding depth increases as development continues Area still floods 1 15 SW 356th Street Closed Depression AnalTsis ...... 3. CONCLUSION l ] 1 l ] ] i J Alternative 5 is the preferred alternative. This alternative was preferred because: · It is the least cost alternative that provides the desired level of protection. It does not divert flow from one drainage basin into another, thus does not aggravate drainage problems in adjacent basins, such as Hylebos Creek. Significant environmental and engineering analysis would be required if an out- of-basin transfer of stormwater was considered. · It provides for ground water recharge which may not occur if runoff is diverted into another basin. · It utilizes the natural drainage infiltration feature. 16 5. REFERENCES Stepan & Associates, February 10, 1989, Madrona Meadows Overflow Report, report prepared for the development of the Madrona Meadows Plat. Urban Design, February 1990, Bellacarino Woods Closed Depression, report prepared for the development of the Bellacarino Woods Plat. Urban Design Inc., July 1991, Conceptual Closed Depression Analysis, supplemental report prepared for the development of the Bellacarino Woods Plat. Brown and Caldwell, November 26, 1991, SW 356th StreetYllth Avenue SW Study No. F83171 - Phase I Findings, report prepared for King County Surface Water Management Division. King County, July 1991, Hylebos Creek and Lower Puget Sound Basin Plan, report prepared by King County Surface Water Management. Brown and Caldwell, January 20, 1992, SW 356th Street/llth Avenue SW Study No. F83171 - Phase II Findings, report prepared for King County Surface Water Management Division. Northwest Hydraulic Consultants, January 17, 1992, Letter report to Brown and Caldwell Consultants for King County Surface Water Management. Barghausen Consulting Engineers, Inc., June 21, 1993, Storm Drainage Calculations for Bellacarino Woods - Federal Way, Washington, Technical Information Report prepared for King County Building and Land Development Division. Rittenhouse-Zeman & Associates, July 1991, Subsurface Exploration and Geotechnical Engineering Report - Preliminary Plat Bellacarino Woods - Federal Way Washington, prepared for Newhall Jones, Inc. KCM, Inc., May 1996, Comprehensive Surface Water Facility Plan - Phase I, report prepared for the City of Federal Way Northwest Hydraulic Consultants, February 1998, HSPF Hydrologic Analysis of the SW 356th Street Closed Depression, prepared for Novastar Development Inc. I7 APPENDIX A HSPF INPUT DATA FILES SW 356~ Street Closed Depression Analysis March 1999 [Omitted fi.om Council Packet; Data Files available with original report on file with the City Clerk] APPENDIX B. TOPOGRAPHY OF THE DEPRESSION AREA SW 356th Street Closed Depression Analysis March 1999 4501 Consulting Engineers Inc. For: N ewhalI-Jones, Inc. 12515 BeI-Red Road Bellevue. WA 98005 (206) 462-8200 Title: TRACT 'A' POND VOLUME CALCULATION MAP BELLACARINO WOODS