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
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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
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bo
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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
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......................
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
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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 :
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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
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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.
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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.
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No.
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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
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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.
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SW 356th Street Closed Depression Analysis...
... i. INTRODUCTION
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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.
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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)
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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.
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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
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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
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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
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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
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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.
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SW 356th Street Closed Depression Analysis ...... 3. ALTERNATIVES
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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.
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SW 356th Street Closed Depression Analysis ...... 3. ALTERNATIVES
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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)
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ACT "^"
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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.
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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
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SW 356th Street Closed Depression AnalTsis ...... 3. CONCLUSION
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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