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Council PKT 01-05-1999 RegularIV. Vie AGENDA FEDERAL WAY CITY COUNCIL R GULAR MEETING Council Chaml rs - City liall January 5, 1999 - 7:00 p.m. (~v. ci.federal-way, wa. us) CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATION Proclamation/Martin Luther King. Jr. Appreciation Pla~_ue/Weyerhaeuser Donation/Public Safety_ Department CITIZEN COMMENT PLEASE ~.OMPLE,TE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens 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 (3} MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been 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 Councilmember for separate discussion and subsequent motion.) ao Minutes/December 15. 1998 Regular Meeting Monthly Financial Report/Month of November 1998 1998-99 Youth Commission Work Plan Skyhawks Sports Academy Contract Washington State Umpires Association Contract CITY COUNCIL BUSINESS a. City Council Committee Appointments over please . . . Xe AN ORDIN~ ;ON:'TI~ ~l'rT',~ OFT HE CITY OF FEDERAL WAY, ADO~ DILLON 'OUIDRI-rNBS FOR NON-RESIDENTIAL USES IN RESIDENTIAL ZONES, mt~LTI-FAmm¥ US~. CITY MANAGER REPORT CITY COUNCIL REPORTS EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110. fi) ADJOU~MENT THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA PROCLAMATION WI~REAS, from time to time, men and women of outstanding spirit walk and share with us their vision of the world, as it can and should be; and ~, the Reverend Doctor Martin Luther King, Jr. was a person of great wisdom, strength and vision who blazed forth a beacon of hope, perseverance and charity; and ~, ~ grace, song and a resolute spirit, Martin Luther King, Jr. overcame the obstacles and barriers thrown in his way, and wagered a non- violent struggle to secure the freedoms which are guaranteed in the Constitution of the United States for all America; and WIIERF_.AS, Martin Luther King, Jr. lives on in all of us, as long as we are willing to continue his struggle-so long as we are willing to dedicate ourselves to work and strive for justice; and WHEREAS, ali citizens are invited to attend a special celebration honoring Dr. King's memory cosponsored by the City; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim January 18, 1999, to be a celebration honoring the memory of "DR. MARTIN LUTm~ KING, JR." and urge all citizens to join us in keeping Dr. King's dream alive by personally rededicating ourselves to the goals of freedom, dignity and equality for every man, woman and child among us. SIGNED this 5th day of January, 1999. CITY OF FEDERAL WA Y Ron Gintz, Mayor Michael Park, Deputy Mayor Mary Gates Linda Kochmar Jeanne Burbidge Jack Dovey Phil Watkins MEETING DATE: January 5, 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 December 15, 1998 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: ~q/'D CITY MANAGER RECOMMENDATION: Approve Official Minutes ........................................................................................................................................................................... ............... ................. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 15, 1998 MINUTES SPECIAL SESSION - 5:15 p.m. CALL MEETING TO ORDER Mayor Ron Gintz called the special session of the Federal Way City Council to order at 5:30 PM in the Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, and Linda Kochmar. Councilmember Phil Watkins excused. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Laura Ulanowski. lie EXECUTIVE SESSION City Manager Evaluation/Pursuant to RCW 42.30.110( Potential Litigation/Pursuant to RCW 42.30.110(D0) City Manager Kenneth Nyberg stated the Executive Session was scheduled to last approximately one hour with action expected. Council adjourned to executive session at 5:30 PM. At 6:35 PM, Deputy City Manager Philip Keightley announced a 15 minute extension. IH. ADJOURNMENT The special session of the City Council adjourned at 6:55 PM. Laura Ulanowski, Deputy City Clerk FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 15, 1998 MINUTES CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:01 PM in the Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, and Linda Kochmar. Councilmember Phil Watkins excused. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Laura Ulanowski. MOTION BY MAYOR GINTZ TO AWARD CITY MANAGER KENNETH NYBERG AN 8% PERFORMANCE BONUS AS DISCUSSED IN EXECUTIVE SESSION AS PART OF HIS SERVICE EVALUATION. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes II. PLEDGE OF ALLEGIANCE Mayor Gintz led the Pledge of Allegiance. III. PRESENTATION Economic Development Update Economic Development Executive Debra Coates updated Council on progress regarding the sign incentive program, adoption of street guidelines, and the International District. City Council Regular Meeting December 15, 1998 Page 2 IV. CITIZEN COMMENT Jeff Hawkins - asked if he could address the Council at the time Council considered the Comprehensive Plan Amendments Ordinance. Mayor Gintz agreed. Mike Jump - read a letter into the record opposing the annexation of the Weyerhaeuser property.  _O_~ _Barovic - spoke in opposition to the Comprehensive Plan Amendments and left three (3) etters to various staff personnel to be delivered. H. David Kaplin - asked Council to consider implementing park impact fees. City Attorney Londi Lindell stated it would be appropriate for the Park/Recreation Committee to look at the issue and Park/Recreation Committee Chair Jack Dovey agreed. Bob Roach - introduced Pat Smithson of the Sunrise Rotary Club who presented the City with a $6,000.00 donation for Celebration Park. Vo CONSENT AGENDA ao g. h. i. 3. Minutes/December 1, 1998 Regular Meeting Voucher/December 15, 1998 Monthly Financial Report/Month of October 1998 Government Access Channel Policies/Resolution-Approved Resolution 98-283 Sister City/Approval to Negotiate with Tonghae Weyerhaeuser Truck Route Revision Request Caf6 Pacific Catering Contract/1999-2000 Agreement Extension SW 336th St. Construction Contract/Final Acceptance & Retainage Release Lloyd Enterprises/Street Maintenance Contract Extension CTR Professional Services Agreement with KC/Metro MOTION BY DEPUTY MAYOR PARK TO APPROVE THE CONSENT AGENDA. COUNCILMEMBER DOVEY SECOND. Councilmember Gates pulled Consent Item (d). The motion to approve consent items (a), (b), (c), (e), (f), (g),(h),(i),and (j) passed as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes City Council Regular Meeting December 15, 1998 Page 3 Item (d) - MOTION BY COUNCILMEMBER GATES TO AMEND SECTION 4B LANGUAGE OF THE RESOLUTION - GOVERNMENT ACCESS CHANNEL POLICIES TO STATE: B. INITIATION OF PROGRAMMING. PROGRAMMING MAY BE INITIATED BY THE CITY COUNCIL, CITY DEPARTMENTS, CITY BOARDS AND COMMISSIONS, AND BY OTHER LOCAL GOVERNMENTS THAT PROVIDE SERVICES TO CITY RESIDENTS. ALL PROGRAMMING ............,~,,~,~-~,~.~, ,~,-, ..... · .,l,,.,~,,, ll,~,, ,~,..~· ABOVE MUST BE COSPONSORED BY A CITY AGENCY ,~,~, AND APPROVED BY THE INFORMATION SYSTEMS MANAGER, · ,, ......... · · ·,~ · ~.,., BY ,_,"' .... · ~.·, GOVE~,~TS~ · ..~ SOURCES MUST ADHERE TO THESE GUIDELINES AND PROCEDURES, AND MUST NOT CONFLICT WITH OR CONTRADICT ANY POLICY OR POSITION OF THE CITY. The motion to amend the language carried as follows: Burbidge yes Dovey yes Gates yes Gi ntz yes Kochmar yes Park yes MOTION BY COUNCILMEMBER GATES TO APPROVE CONSENT ITEM (d), GOVERNMENT ACCESS CHANNEL POLICIES RESOLUTION, WITH AMENDED LANGUAGE. COUNCILMEMBER PARK SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes VI. CITY COUNCIL BUSINESS Goldmine Thai Restaurant Business License Denial Appeal/Findings & Conclusions MOTION BY COUNCILMEMBER GATES TO UPHOLD AND ADOPT THE HEARING EXAMINERS FINDINGS AND CONCLUSIONS TO DENY A BUSINESS LICENSE TO THE GOLDMINE THAI RESTAURANT. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes b. Economic Development Council (EDC) Nominations MOTION BY COUNCILMEMBER GATES TO NOMINATE DEBRA COATES AND ROBERT SCHOLES TO THE ECONOMIC DEVELOPMENT COUNCIL. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: City Council Regular Meeting December 15, 1998 Page 4 Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes c. 1999-2000 Human Services/Allocation of Additional Funding Councilmember Dovey explained revenues carried over from the 1998 budget allowed for funding of human services agencies to be restored at or about the same levels in the 1999-2000 budget. MOTION BY COUNCILMEMBER DOVEY TO ADOPT HUMAN SERVICES RECOMMENDATIONS FOR ALLOCATION OF ADDITIONAL FUNDING FOR 1999- 2000. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes VII. ORDINANCES a. Council Bill #205/1998 Comprehensive Plan Amendments/Enactment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTERS 20 AND 22 OF THE FEDERAL WAY CITY CODE, AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP. Jeff Hawkins, Courtyard Village - expressed concerns over the timing of the agreement that states construction of 19~ Place SW be complete by January 1, 2001. Mr. Hawkins stated due to weather that time of year and completion of the Park-N-Ride site, January would be difficult. Mr. Hawkins stated if they began construction by July 1, 2001, the project should be complete between September/November 2001. Public Works Director Cary Roe addressed the issue stating when originally discussed with Courtyard Village they had stated they could complete the project by the end of 2000. MOTION BY MAYOR GINTZ TO AMEND SECTION 2 OF COUNCIL BILL 205, TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION ON TRANSPORTATION SITE SPECIFIC REQUEST TI AND DELETE SW 342ND PLACE BETWEEN 19TM PLACE SW AND 21sT AVENUE SW FROM THE COMPREHENSIVE PLAN. THE MOTION IS CONTINGENT UPON FOUR CONDITIONS: City Council Regular Meeting December 15, 1998 Page 5 Condition 1: That the developer agree to design and construct 19t~ Place SW from its present terminus to the intersection of SW 344* Street, and design and construct SW 344t~ Street from its intersection with 19~ Place SW westerly to the boundary of the Park N Ride site, with this construction to be completed no later than January 1, 2001. Condition 2: That, within 60 days of today's date, the developer's agreement to design and construct be set forth in a development agreement executed by the developer and the City Manager and acceptable in form and substance to the City Attorney. Condition 3: That, as a condition of the development agreement, the developer provide security in a form acceptable to the City Attorney for all full acquisition, design, and construction costs of construction of 19th Place and SW 344th Street; and Condition 4: If a development agreement is not executed within 60 days as provided herein, Council deletion from the Comprehensive Plan of SW 342nd Place between 19th Place SW and 21st Avenue SW is automatically rescinded, and that road section is included as part of the City's Comprehensive Plan transportation map. COUNCILMEMBER GATES SECOND. MOTION BY MAYOR GINTZ TO AMEND THE MOTION THAT CONSTRUCTION OF 19TM PLACE SW BE COMPLETE NO LATER THAN JULY 1, 2001. COUNCILMEMBER DOVEY SECOND. COUNCILMEMBER DOVEY OFFERED A FRIENDLY AMENDMENT TO STATE THE CONSTRUCTION OF 19TM PLACE SW BE COMPLETE NO LATER THAN SEPTEMBER 1, 2001. Mayor Gintz accepted the friendly amendment. The motion to amend the language carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Jody Putman, Federal Way School District Representative - stated if 19th Place SW is constructed, the School District would like some kind of safety mitigation installed for the safety of the students at Saghalie Middle School. MOTION BY COUNCILMEMBER GATES TO AMEND EXHIBIT "D" TO COUNCIL BILL//205 TO CORRECT THE MAPS PERTAINING TO LAND USE SITE SPECIFIC REQUEST NO. 1 TO INCLUDE THAT PORTION OF TRACT 17, OF THE MIDWAY SUBURBAN TRACTS IN WHICH WEYERHAEUSER HAS AN OWNERSHIP INTEREST WITHIN THE AREA TO BE DESIGNATED MULTI-FAMILY UNDER THE COMPREHENSIVE PLAN AND RM 3600 ON THE ZONING MAP. COUNCILMEMBER DOVEY SECOND. Councilmember Gates explained this amendment was strictly a housekeeping issue. City Council Regular Meeting December 15, 1998 Page 6 The motion to amend Exhibit "D" carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes The motion to approve the ordinance, Comprehensive Plan Amendments, as amended carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes bo Council Bill #206/Weyerhaeuser Annexation Development Agreement/North/ Enactment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE WEYERHAEUSER COMPANY AND THE FEDERAL WAY FIRE DISTRICT NO. 39. MOTION BY COUNCILMEMBER DOVEY TO AMEND THE WEYERHAEUSER ANNEXATION DEVELOPNtENT AGREEMENT/NORTH ORDINANCE TO INCREASE THE NUMBER OF UNITS TO 106. COUNCILMEMBER BURBIDGE SECOND. Peter Orser, Quadrant Corporation - addressed the request for the increased number of units stating he is only asking for flexibility to make adjustments since the development agreement and the annexation are so close together and they don't know the issues that may pop up. Mr. Orser stated the city staff had been very professional throughout this process and thanked the staff for their assistance. Mayor Gintz allowed comment from the audience: Mike Jump - stated a petition of adjacent property owners had been circulated and faxed to the Council opposing the annexation. Mayor Gintz stated Council had received the petition and Mr. Orser stated he had also received it today and would be responding to each property owner in writing. The motion to amend the ordinance to allow for the increase in the number of units passed 4-2 as follows: Burbidge yes Dovey yes Gates no Gintz yes Kochmar yes Park no City Council Regular Meeting December 15, 1998 Page 7 MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE ORDINANCE AS A1VIENDED. COUNCILMEMBER BURBIDGE SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Co Council Bill #208/Weyerhaeuser Annexation Adoption/North/Enactment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 25.7 ACRES LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATE 5, MILITARY ROAD, AND SOUTH 316TH STREET. MOTION BY COUNCILMEMBER ANNEXATION ADOPTION/NORTH. motion carried as follows: GATES TO APPROVE WEYERHAEUSER COUNCILMEMBER DOVEY SECOND. The Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes VIII. CITY MANAGER REPORT City Manager Kenneth Nyberg wished Council, community, and staff a happy holiday season. IX. CITY COUNCIL REPORTS Councilmember Dovey stated the Parks/Recreation/Public Safety/Human Resources Committee meeting has been rescheduled from December 28, 1998 to January 8, 1999. Councilmember Burbidge stated she attended the South King County Transportation Board meeting with Public Works Director Cary Roe and Councilmember Gates. Councilmember Gates stated the Executive Summary of the Link Light Rail Report is available and she made a copy available to the public. Jim Hamilton addressed the Council regarding Referendum 49 at Councilmember Gates request. Councilmember Kochmar stated she attended the last Suburban Cities Association Meeting. Councilmember Burbidge added that a newspaper article appeared in the New York Times on the West Hylebos State Park in Federal Way and its caretaker Ms. Ilene Marckx. City Council Regular Meeting December 15, 1998 Page 8 Xo ADJOURNMENT There being no further business before the Council, Mayor Gintz adjourned the regular meeting of the Federal Way City Council at 8:35 PM. Laura Ulanowski, Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Monthly Financial Report CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI BUDGET IMPACT: RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Monthly Financial Report SUMMARY/BACKGROUND: Month of November 1998 CITY COUNCIL COMMITTEE RECOMMENDATION: Was not reviewed by the Finance Committee due to meeting cancellation, therefore no recommendation. CITY MANAGER RECOMMENDATION: ..................................................................................................... ........ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # November f998, Monthly Financial Report Graph 1 Fund Balance Composition $13.49 Million Unreserved 35.4% P3/Intfnd SWM Loans 5.7% 2.3% Police 4.3% Snow & Ice 0.7% Strategic Resv 14.8% Designated 0.4% Solid Waste 2.7% Debt Svc 33.6% Introduction 1 Fund Balance Position 1 Summary 1 Revenues 1-2 Expenditures 2 Conclusion 2 Attachment A 3 Supplemental Schedules he Monthly Financial Report (MFR) is intended to provide an overview of financial activity that have taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste, Snow and Ice Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through November for the years 1994 through 1998. Overall, operating revenues $35,158,380 are above the monthly budget projection of $32,149,686 as of November 1998, and operating expenditures $26,986,809 are also within the anticipated budget expenditures $27,473,999 for the period. The above results in the City's operating funds having a projected increase in fund balance of $3,496,114 as of the end of November, 1998. Of this amount $1,502,036 is related to Utility taxes and REET which are for the payment of debt service. The City has collected $35,158,380 or 103.4% of the annual operating budget ($33,998,653) through November. Operating revenues have grown $4,718,325 or 15.5% compared with activity through November 1997 ($30,440,055) due primarily to the addition of a utility tax rate increase which was not effective until March, 1997. The favorable variance is also attributed to Real Estate Excise Taxes (REET) which are continuing to exceed budgetary estimates by $1,069,042 or 107.0% (Attachment A reflects an estimated accrual for November 1998). In addition, Fines and Forfeitures are exceeding budgetary projections by $147,663 or 24.2%. State-Shared Revenues are exceeding budgetary estimates by $359,734 or 9.3% Local Criminal Justice Sales Tax to date of $1,236,959 is exceeding the estimated revenues ($1,067,823) by $169,136 or 15.8%. Liquor Profits collected ($404,650) are above budgetary estimates ($307,539) by $97,111 or 31.6%. Equalization is exceeding estimated revenues ($187,687) by $104,577 or 55.7%. City of Federal Way November 1998 Monthly Financial Report Sales tax revenues ($8,029,068) are exceeding budgetary estimates ($7,762,148) by $266,920 or 3.4% through November, 1998. Compared to 1997 year-to-date activity ($7,553,623), revenues have increased $475,445 or 6.3%. Building Permit and Plan Check revenues have increased by $191,302 or 26.5% over the budgetary estimate through November ($721,812). Franchise Fees are exceeding original estimates by $42,468 or 10.1% through November. Finally, Recreation Fees are above budget by $6,737 or 1.7%. When compared to 1997 activity, recreation fees have increased $16,424 or 4.3%. The City has expended $26,986,809 or 73.5% of the annual operating budget ($36,735,944) through November. Operating expenditures are below the revised budget ($27,473,999) by $487,190 or 1.8% and have increased $2,476,771 or 10.1% when compared with activity through November 1997 ($24,510,038). This variance consists of savings in Community Development, Surface Water Management, Public Works and Parks and Recreation and excess expenditures in City Manager, Criminal Legal Services, Solid Waste and Jail Services. It is anticipated that these departments will either meet projections or stay within their budget as the year progresses. Criminal Legal Services expenditures total $1,002,835 which is $40,417 or 4.2% above the revised budget estimate ($962,418). While Civil Legal Services are under budget by $42,353 or 9.1%, which is partially due to a $27,000 reimbursement of legal fees in the month of November. Community Development Operations has expended $2,434,310 or 81.8% of its ($2,975,704). Through November they are below their budget by $135,578 or 5.3%. activities, expenditures have increased $131,140 or 5.7%. annual appropriation Compared with 1997 PRCS Operations expenditures total $2,453,333 which is $204,088 or 7.7% below the revised budget estimate ($2,657,421). Expenditures have increased by $56,102 or 2.3% as compared with 1997 activities. Dumas Bay Centre expenditures ($360,740) are below operating budgetary estimates ($376,952) by $16,212 or 4.3%. Compared with 1997 activities, expenditures have decreased by $15,736 or 4.2% Revenue collections in 1998 are above estimates ($306,090) by $23,407 or 7.6%. Public Works Operations is below revised budget estimates ($3,091,303) by $150,878 or 4.9%, and has expended $2,940,425 or 88.4% of its annual appropriation ($3,327,257). The Solid Waste and Recycling program is above its budgetary projection ($249,699) by $6,837 or 2.7%. Surface Water Management Operations are below projections by $110,524 or 7.9% and have expended $1,287,862 or 82.8% of its annual appropriation ($1,554,594). Compared with 1997 year-to-date activity, SWM operations have increased by only $275 or 0.2%. The 1998 Asphalt Overlay Program has incurred expenses of $1,796,193 or 80.7% of it's appropriated budget ($2,225,570). The contractor has completed all the work in the original contract and has finished the concrete work on the two added schedules. Due to weather the work on the two added schedules will be carried forward into 1999 and should be completed in May/June. The overall operating revenues for November are above the projected monthly budget, with State-Shared Revenues, Real Estate Excise Tax, Fines & Forfeitures, Building and ROW Permits, Interest Earnings and Utility Tax exceeding monthly budget estimates. The overall operating expenditures are below estimates at this time, with Civil Legal Services, Community Development, Public Works and Parks and Recreation under projections and City Manager, Criminal Legal Services, Solid Waste and Jail Services exceeding projections. It is anticipated that these departments will meet their budget projections as the year progresses. ATTACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through November 1994 - 1998 Actuals 1998 Revised Budget Actuals Variance Through Through Favorable (Unfavorable)~- 3ources/Uses 1994 1995 1996 1997 Annual November November Dollars ($) Percent (%) Beginning Fund Balance $12,1818738 $11,403,627 $10,331,541 $10,396,188 $15,128,343 $15,128,343 $15,128,343 $ 0.0% :)perating Revenues Property Taxes 5.515.977 5.786.231 5.970.665 5.521.780 6.410.094 6.430.603 6.430.603 0.0°/ Sales Tax 6.952.417 7.271.448 7.390.326 7.563.623 8.469.131 7.762.148 8.029.068 266.920 3.4°/ Criminal Justice Sales Tax 973.341 1.005.937 1.043.249 1.157.641 1.260.667 1.067.823 1.236.959 169.136 15.8°/ Leasehold Excise Tax 4.380 12.929 3.968 3.571 14.853 8.169 3.761 (4.408) -54.0% State-Shared Revenues 4.893.546 4.652.775 4.266.498 4.045.852 4.469.217 3.856.369 4.216.103 359.734 9.3% Real Estate Excise Tax 1.121.464 999.685 1.299.068 1.610.146 1.100.000 998.936 2.121.474 1.122.538 112.4~ Gambling Taxes 351.454 325.989 338.832 339.156 305.598 329.637 322.856 (6.781) -2.1% Utility Taxes 719.799 3.377.058 4.227.186 3.754.866 4.134.364 379.498 10.1% Fines & Forfeitures 547.370 567.828 526.971 583.118 662.224 610.120 757.783 147.663 24.2% Building Permits/Fees-CD 547.479 578.248 535.784 687.291 787.112 721.812 913.114 191.302 26.5% Pass Through Fees-CD 45.126 45.126 0.0% ROW Permits/Fees-PW 118.660 156.037 178.598 169.775 247.499 206.599 232.985 26.386 12.8% Pass Through Fees-PW 76.866 40.979 40.979 0.0% Licenses 62.900 56.966 57.076 51.497 95.481 59.074 45.194 (13.880) -23.5% Franchise Fees 364.105 386.005 406.479 463.232 420.179 420.179 462.647 42.468 10.1 Recreation Fees 389.136 372.238 377.861 385.530 456.514 395.217 401.954 6.737 1.7% Dumas Bay Centre 108.267 201.868 259.110 318.300 327.580 306.090 329.497 23.407 7.6% Knutzen Family Theatre 21.605 10.102 10.102 0.0% Interest Earnings 599.762 609.170 564.172 49.573 815.816 663.310 802.062 138.752 20.9% Admin Fee-SWM & Solid Waste 137.852 141.989 149.173 165.989 152.157 152.157 (0) 0.0°/ SWM Fees 2.939.139 2.952.011 2.934.767 2.676.639 2.943.429 2.938.513 2.938.513 0.0% Refuse Collection Fees 137.859 133.825 131.931 131.292 146.329 134.116 135.103 987 0.7°/ Police Services 696.715 158.464 158.464 rea Grants 39.045 284.436 3.571 523.528 1.200.626 1.200.626 0.0% Other 46.596 58.487 73.085 465.532 49.756 36.885 36.885 0.0% Total Operating Revenues I 25,673,852 26,304,574 27,504,664 30,440,055 33,998,663 32,149,456 35,158,380 3,008,924 9.4% Operating Expenditures City Council 180.656 164.404 167.448 178.402 192.955 184.638 182.268 2.370 1 City Manager 345.710 423.854 444.602 486.057 532.812 492.085 502.982 (10.897) -2... Management Services 1.017.083 1.140.856 1.293.270 1.240.990 1.902.363 1.405.274 1.405.416 (142) 0.0% Civil Legal Services 305.270 406.513 450.997 485.135 505.578 459.603 424.638 34.965 7.6% Criminal Legal Services 557.931 598.828 615.853 678.671 1.158.444 962.418 1.002.835 (40.417)! -4.2% Comm. Developement Services 2.900.381 3.254.608 2.456.004 2.303.170 2.975.704 2.569.888 2.434.310 135.578 5.3% Police Services 7.550.096 7.558.520 8.321.974 8.831.900 11.216.649 9.908.710 9.890.079 18.631 0.2% Jail Services 595.352 515.162 589.850 689.850 857.700 778.146 905.910 (127.764) -16.4'~.~ Parks & Recreation 2.878.054 2.844.634 2.793.225 2.397.231 2.879.973 2.657.421 2.453.333 204.088 Public Works 2.202.816 2.412.940 2.594.737 2.729.624 3.327.257 3.091.303 2.940.425 150.878 4.9°A City Oveday Program 650.914 529.695 858.926 1.602.556 2.225.570 1.796.193 1.796.193 0.0°A Snow & Ice Removal (1) 8.723 6.644 45.406 56.292 54.738 34.602 34.602 0 0.0o.~ Solid Waste 131.896 183.070 245.795 446.448 295.914 249.699 256.536 (6.837) -2.7% Surface Water Management 1.018.886 1.245.103 1.371.194 1.287.857 1.554.594 1.398.386 1.287.862 110.524 7.9% Debt Service 526.054 1.787.279 649.942 719.379 4.411.190 1.040.824 1.O40.824 0.0% Dumas Bay Centre 181.063 278.473 353.163 376.476 401.228 376.952 360.740 16.212 4.3% Knutzen Family Theatre 121.605 67.856 67.856 0.0% :Non-departmental (2) 8.410 25.033 25.033 2.121.670 rea Total Operating Expenditures 21,089,295 23,375,616 23,277,419 24A10,038 36,735,944 27,473,999 26,986,809 487,190 1.8% :)persting Revenues overl(under) Operating Expenditures 4,614,$$7 2,928,958 4,227,245 5,930,0t7 (2,737,291) 4,675,457 8,171,871 3,496,114 74.8% :~ther Financing Sources 4,368,938 6,092.920 4.256,897 4,256,897 0.0% ~.her Financing Uses 3.455.742 5.437.247 5.577.297 3.578.519 9.416.855 7.268.053 7.268.053 0.0% Ending Fund Balance Solid Waste 111.484 188.505 213.050 296.991 370.090 237.074 rEa rea Snow & Ice 191.274 103.239 73.358 100.000 - 119.440 rea rea Arterial Street 1.563.848 971.893 362.100 470.902 69.831 457.222 rea n/al Utility Tax 1.019.898 2.157.459 rea n/al SVVM 2.016.324 1.702.890 1.077.666 1.566.522 663.579 2.390.368 rea rea Path & Trails 29.109 39.284 50.210 6.153 12.907 11.704 rea rEa Strategic Reserve 2.150.560 2.104.645 2.050.477 2.022.389 2.000.000 2.029.588 rEa rea Debt Service 1.657.809 1.936.991 1.618.909 2.986.805 4.538.155 6.704.870 rea Dumas Bay Centre 562.661 157.897 115.131 83.742 10.673 39.739 rea Police 1.031.439 1.082.207 583.861 748.150 rea n~a P3 300.000 300.000 300.000 rea rea Interfund Loans 60.000 10.000 10.000 10.000 10.000 rea rea Unreserved 5.188.758 560.520 3.390.707 8.217.555 319.450 5.083.144 rEa rEa Total Endin~l Fund -R=-~=-nce I $13,340,553 I $ 8,895,338 t $ 8,98t,489 I $17,116,624 $ 9,998,446 I $16,792,644 I $ 20,288,758 ! $ 3,496,114 I 20.8% Note 1: These expenditures occur primarily during thewi,~ter months. 12/18/982:56PM Note 2: IncJudes contingency, unallocated P3 and vision premiums. City of Federal Way November 1998 Monthi~/ Financial Report Local Retail Sales Tax Graph2 $1,000,000 $950,000 · $900,000 $850,000 $800,000 3750,000 - $700,000 S650,000 $600,000 S550,000 Ozoq SALES TAX REVENUES Octoberl996through October1998 Holiday Season Table 1 and Graph 2 summarize local retail sales tax revenues. Sales tax collections lag two months. For October sales activities, the City accrues sales tax revenues in November, and the City receives cash in December. At the time this report was prepared, sales tax revenues were not available for November. Attachment A reflects accrued estimates. · Through October sales tax proceeds totaled $7,343,290 which is $258,876 or 3.7% above the adopted budget estimate ($7,084,414). · Compared to 1997 October sales tax, revenues have increased $51,741 or 7.5%. TABLE1 LOCAL RETAIL SALES TAX REVENUES 1993 - 1998 1993 I 1994 1995 I 1996 1997 1998 19. Budget Month ActualI Actual AcCelI ~ Actu~ Buo~get * Actual $ Variance % Variance January $ 849.037 $ 870,318$ 882,234 ~ $ 883,229 $ 902,478 ! $ ~401317 I $ 949,276 $ 8,959 1.0~ Fel:~uary 579,220 580,171 602,830 607,790 640,967 660,714 714,640 53,926 82~ M arch 522,576 500, 911 573,687, 577.022 582.547 590, 311 575,596 ( 14,715 ) -2. Apnl 585,809 597,164 624,667 ~ 768,980 660,733 680,245,655,396 (24,8491 -37% May 556,790 632,367 599,100 607,104 669,058 671,827 ~ 769,461 97,634 14 5% June 615,567 603, 320 617,531 600, 594 657,032 668,466 645,475 (22,9911 -3 4% July 603,765 651,123 676,546 650,423 694,702 ' 733,262 682,263 (50,999] -7.0% August 619,020 635,050 713,489 , 734,368 735,617 721,508 850,295 128,7871 17.8% September - 609,162 626,974 676,731 652.886 657,100 708,252 761,561 53,309 7.5% ~)ctober 627,343 636,254 654,050 666,751 687.585 709,512 739.326 29,814 4.2% November 594.528 618,765 650,583 664,611 793,528 685,778 0 0% December 603.980 654,256 644,666 623,386 638,862 698,938 ! 00% - Total $ 7,366,797 I $ 7,606,873 $ 7,916,t14 i $ 8,037,143 $ 8,320,209 $ 8,469,13t $ 7,343,290 $ 258,876 3.7% ~axabta Sales $ 8?6,999,643 I $ 908,556,310 $ 942,394,624 i $ 9~6,682,781 $ 990,801,079 , $ 1,008,229,823 $ 874,201,131$ 30,818,~52 3.7~, City of Federal Way November 1998 Monthly Financial Report Real Estate Excise Tax Graph 3 and Table 2 illustrate collection history for the 1st and 2nd ¼ percent real estate excise taxes. The table and graph both reflect the cyclical variation in this revenue source. The monthly budget estimates are based on historical REET revenues received since incorporation in 1990 through 1997, an eight year period. REET revenue activity for November has exceeded the adopted budget by $43,835 or 49.5%, continuing the trend we saw in 1997. Compared with 1997 activities, REET revenues through November have increased $354,281 or 20.7%. $1,500,000 $1,000,0(X) $500,000 REAL ESTATE EXCISE TAX ACTIVITY Throug~ November TABLE 2 REAL ESTATE E,YCISE TAX REVENUES 1993 - 1998 1993 1994 1995 1996 I 1997 1998 i 1998 Budget Month ~ Actual Actual Actual ActualJ Actual Budget * Actual i $ Variance ; $ Variance January $ 80,908 $ 65,62.1 $ 52,253 '$ 70,177; $ 94,719 $ 51,608 $ 119,717 ~ $ 68,109 132.0°/ February 56,212 72,702 63,025 84,0961 101,508 57,412 82,116 :$ 24,704 43.00~ Ma,'ch 78,549 249,510 83,156 105,133 i 132,678 104,084 166,282 , $ 62,198 59.8% Ap~l : 84,173 102,473 73,850 155,107 I 186,187 96,965 189,860 ,, $ 92,895 I 95.8~ May 105,092 94,387 73,648 133,203 I 108,060 92,144 270,672 ~, $ 178,528 ' 193.7% June 167,854 130,113 107,801 133,081 ! 120,432 104,964 295,657 i $ 190,693 ~ 181.7% July 163,092 96,629 70,258 130,765 I 231,911 110,936 324,962 I $ 214,026 192.9% August " 106,684, 97,514 183,599 123,913I~ 181,490 102,366 137,949 i $ 35,583 I 34.8% SelXember 100,392 82,804 82,369 180,371 i 151,333 97,207 204,439 I $ 107,232, 110.3% October 146,484 64,606 76,809 102,780 i 216,381 92,638 143,877 ~ $ 51,239 55.3% November- 114,078 65,105 132,917 160,1991 188,999 88,613 132,448; $ 43,835 49.5% December 202,396 93.509 95,366 146,325 ~, 163,211 101.063 -I -= 0.0% Total [ S 1,408,914 S 1,214,973 ...... S 1,095,051 S 1,625,t60 J S 1,875,909 S 1,100,000 S 2,067,979 ! S 1,069,042; 107.0% Eat. RE Value $ 281,182,800 $ 242,994,600 S 219,010,200 $ 305,030,000; S 375,381,716 $ 220,000,000; S 413,595,732 $ 213,808,332 na I;,1 City of Federal Way November 1998 Monthly Financial Report Utility Taxes Table 3 summarizes utility tax revenue collections. Through October utility tax collections total $3,744,542 which is $356,151 or 10.5% above the monthly budget estimate ($3,388,391). This reflects the 5.0% rate which was effective 3/1/97. Since we have only had this revenue source for a short time, it is difficult to project the monthly estimates. Utility tax collections on phone activity for the month were lower than anticipated, due to a court-ordered refund of revenue by a large vendor. The impact to the City was a $50,197.54 decrease in tax collection for the month of October. TABLE 3 UTII./TY TAXES Year-to-date (thru October) Revised YTD 1999 Budget Budget Budget Actual $ Variance % Variance Electric (Puget Power) $ 1,753,100 $ 1,427,536 1,498,813 $ 71,277 5.0% Gas (Puget Sound Energy) 572,400 455,783 421,573 (34,210) *7.5% Garbage (FVV Disposal) 299,700 193,976 250,048 56,072 28.9% Cable (Viacom & TCl) 342,000 281,618 369,668 88,050 31.3% Phone 803,400 658,853 781,471 122,618 18.6% Storm Drainage 134,500 105,828 95,799 (10,029) -9.5% Cellular 313,200 257,637 318,669 61,032 23.7% Pagers & Internet 8,700 7,160 8,501 1,341 18.7% Total $ 4,227,000 $ 3,388,391 $ 3,744,542 $ 356,t5t 10.5% Building Permit and Plan Check Activity Graph 4 and Table 4 illustrate building permit/zoning fee / plan review fee activity between 1991 and 1998. (~ raph 4 1998-Act 1998-Adp 1997 1996 1995, 1994 1993 1992 1991 PERMIT/ZONING/PLAN CHECK FEES Through October 89,414 : ::: :: :::: :: :: :::: ::":___.: I $32,398 ~ 698,669 78,274 60,562 541'479 .~ I 524 350 862,999 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 ! II Electrical ~ BIdlPInlZning Fees City of Federal Way November 1998 Monthly Financial Report Overall, Community Development permits and fees total $958,240 which is $236,428 or 32.8% above the adopted budget estimate ($721,812). Compared with 1997 activities ($693,821), permit revenues and building fees have increased $264,419 or 38.1%. For the month of November, revenues collected were $100,067 or 77.1% above budgetary estimates ($56,493). Building permit applications are holding steady, but several are currently being reviewed by staff or are waiting for a response from the applicant. The increase in revenue this month is due to the fact that several of these applications have been processed and permits have been issued. Included in the current periods' revenue were several permits for a corporate development. · Building permit fee collections through November total $430,210 which is $68,426 above the adopted budget estimate ($361,784). · Electrical fees are also exceeding budgetary expectations. Collections total $95,242 which is $5,828 or 6.5% above adopted budgetary estimates ($89,414). · Zoning fees collected through November total $92,744 which is $9,400 or 9.2% below the adopted budget estimate ($102,144). · Plan check fees collected during the same period total $294,918 which is above the adopted budget estimate ($168,470) by $126,448 or 75.1%. TABLE 4 BUILDING PERMITS/ZONING FEES/PLAN CHECK FEES 1993- 1998 t993 1994 1995 1996 1997 1998 1998 Budget Revenue Actual Actual Actual Actual Actual Budget Actual $ Variance $ Variance January $ 33,708 $ 36.051 $ 48,383 $ 26.306 $ 59,933 $ 51,292 $ 54,814 $ 3,522 6.9% February 39,795 47,671 34,376 44,823 81,164 62,058 33,057 (29,001) -46.7% March 61,117 52.296 30.950 48.297 95,791 77,879 45.879 (32,000) -41.1 April 61,9~6 63.273 36,508 51,060 95,510 69,397 67,315 (2,082) -3.0% ' May 61,353 53,636 65,038 50,280 55,171 72,117 60,598 ( 11,519) - 16.0% June 56,643 39,732 69.015 65,217 57,0~0 78,766I 106,758 27,992 35.5% July 50,760 36,428 60,208 64,655 50.474 63,850 144,686 80,836 126.6% August 46,091 42.525 71,299 60,072 56,879 60,804 130,374 69,570 114.4% September 55,870 67,062 58,683 37.509 61.053 70.420 92,585 22,165 31.5% October 59,489 38,435 60,354 42,402 48,152 58,736 122,107 63,371 107.9% November 55,740 70,370 43,4351 45,163 32.664 56,493 100,067 43.574 77.1°~ Decembe~ 57,415 , 49.954 81,867 49,613 48,716 65,300 0.0'~ Total $ 639,917 I $ 597,433 $ 660,116 $ 585,397 $ 742,537 $ 787,112 $ 958,240 $ 236,428 32.8'~ Exp thru November 1,507,221 1.318.824 1,549,756 1,585.833 1,855,504 1,955,875 1,933,057 na Recovery Ratio 38.6% 41.5% 37.3% 33.8% 37.4% 36.9% 49.6% na n; YTD Recovery Ratio 39.4% 41.6% 39.0% 34.0% 35.7% 37.8% na na · Building permit related revenues have recovered 49.6% of Community Development operating expenditures which total $1,933,057. Should you have any questions about this monthly financial report, please contact the following staff. This report is prepared by the following staff of the Management Services Department: Marie Mosley 661-4063 Tho Kraus 661-4170 Marl Doring 661-4096 December 21, 1998 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND:. The City of Federal Way Youth Commission approved their proposed work plan at their November 19, 1998 meeting. The plan includes the following projects: 1) Adopt-a- Family, 2) Dr. Martin Luther King Jr. Celebration, 3) Women's Shelter Clothing Drive, 4) Talent Show, 5) CITY COUNCIL COMMITTEE RECOMMENDATION: On December 14, the Parks, Recreation, Human Services and Public Safety Council Committee approved the Youth Commission's 1998/1999 work p. lan as p.r.o.p.,osed. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: December 8, 1998 Kurt Reuter, Athletics and Specialized Services Manager 1998/99 Proposed Youth Commission Work Plan Background: The City of Federal Way Youth Commission approved this proposed work plan at its November 19 meeting. It is submitted for Committee approval. The plan includes the following projects: 2. 3. 4. 5. 6. 7. Adopt-A-Family Dr. Martin Luther King Jr. Celebration Women's Shelter Clothing Drive Talent Show Youth Recognition Night Battle of the Bands Skate Park Committee Recommendation: Motion to approve the 1998/99 work plan as proposed by the Commission and forward to the full Council for approval on January 5, 1999. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member MEETING DATE: January 5, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM ....S...U..B..~.E...C....T..!..1...9...9...9.....s.k..7...h...a...W...k.s. Sports Academy.. Contract . CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $35,000.00 Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: The Parks, Recreation and Cultural Services Department has been contracting for youth sports camps with the Skyhawks Sports Academy since 1992. The summer sports camps have been very successful. The amount paid to Skyhawks in 1998 was $27,910.33. The City retains ten percent (10%) of gross receipts collected from the camps. The number of camps to be offered in 1999 will be the same as in 1998. We also anticipated that attendance will be similar to 1998 when 395 children re istered for Sk hawk ro ams .............................. ........ g. ............................... Y. ............. P.....g/'..: : ......................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: It was requested at the December 14, 1998 Parks, Recreation, Human Services and Public Safety Council Committee that this item be forwarded to the January 5 Council meeting without a recommendation due to the cancellation of the December 28, 1998 committee meetin CITY MANAGER RECOMMENDATION: Recommend approval of thvA?99]~p~~Sk,vhawks Sports Academ contract , ?-~-, APPROVED FOR INCLUSION IN COUNCIL ~/'j PACKET: (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # PROFESSIONA~L SERVICES AGREEMENT FOR SPORTS CA/~P COORDINATOR This Professional Services Agreement ("Agreement") is dated effective this 2nd day of January, 1999. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Skyhawks Sports Academy Inc., a Washington Corporation ("Contractor") . A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of providing coordination of and/or instruction in youth sports camps; and B. The Contractor has the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement by both of the Parties and shall continue until the completion of the Services, but in any event no later than December 31, 1999 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Contractor may cancel this Agreement only upon thirty (30) days prior written notice to the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor a percentage of gross receipts as set forth in Exhibit "A" attached hereto and incorporated by this reference; provided, however, that such total amount shall not exceed Thirty Five Thousand Dollars and no/100 ($35,000.00) during the term of this Agreement. 4.2 Method of Pa~vment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, which invoice shall specifically describe the Services performed, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Complian¢~ with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be nei'ther liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is - 2 - deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8..3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employe~. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from - 3 - this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. Ail information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability' not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation - 4 - coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. Ail insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 13. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 14. G~neral Provisions. 14.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. - 5 - 14.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 14.3 Full ForGe ~nd Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 14.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 14.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 14.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 14.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 14.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 14.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 14.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice - 6 - so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 14.12 P rf m n . Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 14.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 14.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 14.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY ATTEST: By: Kenneth E. Nyberg, City Manager 33530 1st Way South Federal Way, WA 98003 City Clerk, N. Christine Green, CMC - 7 - APPROVED AS TO FORM: City Attorney, Londi K. Lindell SKYHAWKS SPORTS ACADEMY By: Jeff Heimbigner Its: President P.O. Box 18529 Spokane, WA 99208 (509) 482-7804 - 8 - EXHIBIT "A" SKYHAWKS SPORTS ACADEMY The Skyhawks Sports Academy shall conduct quality instruction for soccer, baseball, basketball and street hockey at a 15 to 1 player ratio which will provide participants the knowledge of: 1. Rules of the game. Requirements of individual position play and the players role. o The correct procedure in passing, shooting, dribbling, hitting, throwing and fielding. 4. The importance of team play, spirit and sportsmanship. 5. The importance of individual and team discipline. Provide trained coaches and instructors, equipment, t-shirts and a sports ball when applicable. The City shall, in return, provide: 1. Adequate facilities with restrooms and water. 2. Administering registration and referral calls. The City shall reimburse the Skyhawk Sports Academy 90% (ninety percent) of gross receipts for all camps conducted. The City shall retain 10% (ten percent) of gross receips for all sports camps conducted. Additionally, the City shall return to Skyhawk Sports Academy 100% (one hundred pecent) of all Campership donations. - 9 - CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $27,000.00 Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: The Parks, Recreation and Cultural Services Department has contracted with the Washington State Softball Umpires Association since 1992 to provide umpires for the adult softball league. The requested amount for 1999 is $27,000. The adult softball program is sanctioned by the United States Slowpitch Softball Association and as such, we must contract for umpires with an association that is USSSA certified. CITY COUNCIL COMMITTEE RECOMMENDATION: It was requested at the December 14, 1998 Parks, Recreation, Human Services and Public Safety Council Committee that this item be forwarded to the January 5 Council meeting without a recommendation due to the cancellation of the December 28, .... .................................................................................................................................................................................................. .. CITY MANAGER RECOMMENDATION: Recommend a~roval o~the~>l.999 Washington State Umpires Association of Seattle contract ].~' ~ ~' APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONA/~ SOFTBA/~L UMPIRES This Professional Services Agreement ("Agreement") is dated effective this 2nd day of January, 1999. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ( "City" ), and Washington State Umpires Association of Seattle, a Washington corporation ("Contractor"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of providing softball umpire services for the 1999 softball season; and B. The Contractor has the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement by both of the Part±es and shall continue until the completion of the Services, but in any event no later than December 31, 1999 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior ~o the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Contractor may cancel this Agreement only upon thirty (30) days prior written notice to the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor, an amount equal to the sum of Twenty Seven Thousand Dollars and No/100 ($27,000.00), calculated on the basis of the rate schedule for Contractor's services attached hereto as Exhibit "A". 4.2 Method of Payment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, which invoice shall specifically describe the Services performed, the hourly labor charge rate for such personnel, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance w%th Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict Qf Interest. It is the intention and understanding of the Parties that the Contractor .shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be - 2 - deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity EmplQycr. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from - 3 - this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. Ail information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, produc~s liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation - 4 - coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 13. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 14. G~neral Provisions. 14.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. - 5 - 14.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 14.3 Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 14.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 14.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 14.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 14.7 NO Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 14.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 14.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 14.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice - 6 - so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 14.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 14.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 14.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 14.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY ATTEST: By: Kenneth E. Nyberg, City Manager 33530 1st Way South Federal Way, WA 98003 City Clerk, N. Christine Green, CMC - 7 - APPROVED AS TO FORM: ~-Cit~~r~ K. Lindell WB~SHINGTON STATE UMPIRES ASSOCIATION OF SEATTLE By: Dale McGregor Its: State Umpire-in-Chief 19516 63rd Place N.E. Seattle, WA 98155 (425) 481-2005 - 8 - EXHIBIT "A" WASHINGTON STATE SOFTBALL UMPIRES ASSOCIATION OF SEATTLE SERVICES The City agrees to the following: Furnish the Contractor with two (2) copies of the original schedule at least ten (10) working days prior to the start of league play. Furnish the Contractor with two (2) copies of the Pre and/or Post Season Jamboree, playoff schedule, or other tournament type game schedule at least ten (10) working days prior to the scheduled event. Notify the Contractor of cancellations at least twenty- four (24) hours prior to game time. The game fee will be assessed when not notified except in case of rain or inclement weather. do Notify the Contractor of rescheduled games by mail and phone call three (3) days prior to rescheduled games, understanding that reschedules will be accommodated oD a first come, first served basis in direct relationship to availability of umpires. Delegate one (1) representative from the City to coordinate all scheduled games. Furnish the Contractor with the delegated representative's name, address and phone number. Pay the full game fee for any game officiated by Contractor in which four (4) innings or more are completed. o The Contractor agrees to the following: a. Assign qualified umpires to each game submitted by the City. Notify the City at least three (3) hours prior to game time, if no umpire will be provided. If the City is not notified, Contractor will reimburse the City the full game fee. bo - 9 - The City agrees to pay the following fees for services: One umpire single game One umpire - two or more games Two umpires - single game Two umpires - two or more games $27.00 per game $22.00 per game $48.00 per game $38.00 per game MEETING DATE: January 5, 1999 ITEM# VI (a) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: City Council Committee Appointments CATEGORY: BUDGET IMPACT: N/A X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1998 Council Committee Appointments SUMMARY/BACKGROUND: Pursuant to Federal Way City Council Rules of Procedure, Section 21, the Mayor will make committee assignments each January, taking into consideration the interests and requests of individual Councilmembers, with members serving one year terms. Membership of each committee will consist of three members. Committee chairs may serve for no more than two consecutive years unless rules are suspended for that purpose. The following committees have been established: Finance/Economic Development/Regional Affairs; Land Use/Transportation; ............................................................................. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a CITY MANAGER RECOMMENDATION: n/a APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\CLERK~AGNDABIL.WPD City of Federal Way 1998 City Council Committee Appointments Finance/Economic Development/Regional Affairs Committee Chair: Mary Gates 4ta Tuesday - 12:00 PM Members Jeanne Burbidge Admin. Conference Room Linda Kochmar Staff: Iwen Wang/Marj Cuttle-Hicks Land Use/Transportation Committee Chair: Phil Watkins Members Jeanne Burbidge Mary Gates Ist & 3~ Monday - 5:30 PM Council Chambers Staff: Greg Moore/Sandy Lyle Parks/Recreation/Human Services & Public Safe _ty Committee Chair: Jack Dovey 2nd Monday - 5:30 PM Members Jeanne Burbidge 4ta Monday - 12:00 PM Linda Kochmar Admin Conference Room Staff: Jennifer Schroder/Sue Floyd CITY OF FEDERAL WAY City Cmmcil AGENDA ITEM SUBJECT: Residential Design Guidelines CATEGORY: BUDGET IMPACT: _ CONSENT X ORDINANCE BUSINESS HEARING FYI _ RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: 1) Ordinance 2) October 1, 1998 Planning Commission Findings 3) July 1, 1998 staff report by Mark Hinshaw) 4) August 12, 1998 Memorandum from K. McClung with revisions to PC. SUMMARY/BACKGROUND: The Planning Commission conducted a public hearing on July 15, 1998 and August 19th on the attached residential design guidelines. The LUTC discussed the proposal on November 23, 1998 and are recommmending approval to the full Council. CITY COUNCIL COMMITTEE RECOMMENDATION: To approve the residential design guidelines as .................................................................................................................. .......................................................................... CITY MANAGER RECOMMENDATION: ~x ~,~[~r~, ~Y~¢' C~_~L~,v~ ~, /~c' rc i?,~ '.c/~ [jL~, APPRO~D FOR INCLUSION IN CO~CIL PAC~T: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, ADOPTING DESIGN GUIDELINES FOR NON-RESIDENTIAL USES IN RESIDENTIAL ZONES, MULTI-FAMILY USES . A. VVHEREAS amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI revieW; and B. VVHEREAS the Federal Way City Council has considered adding residential design guidelines to the FWCC; and C. VVHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission as a priority item for its review and recommendation; and D. VVHEREAS the Federal Way Planning Commission, having considered the Proposal at public hearings during 1998 on July 15, and August 19, pursuant to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC Section 22-528; and E. WHEREAS the public was given opportunities to comment on the Proposal during the Planning Commission review; and F. WHEREAS the City of F~deral Way SEPA responsible official has issued a ORD # , PAGE 1 Declaration of Nonsignificance on April 28, 1998; and G. WHEREAS following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments adding sections to the FWCC as noted previously; and H. WHEREAS the Federal Way Land Use and Transportation City Council Committee met on , 1998 to consider the recommendation of the Planning Commission and has moved to forward the Proposal, with amendments, to the full City Council; and ]. VVHEREAS there was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinqs. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth Management Act; and 2. The Federal Way Comprehensive Plan contains policies that call for the adoption of residential design guidelines; and 3. The Federal Way SEPA responsible official has issued a Declaration of ORD # , PAGE 2 Nonsignificance on April 28, 1998; and 4. The proposed code amendments would not adversely affect the public health, safety or welfare; and 5. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings. Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The Proposal is consistent with the following Comprehensive Plan goals and policies contained in the Land Use chapter: LUG1 Improve the appearance and function of the built environment. LUP1 Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2 Use design and performance standards to achieve a greater range of housing options in multiple family designations. 2. The Proposal bears a substantial relationship to the public health, safety ORD # , PAGE 3 and welfare development. because it implements policies that promote site sensitive Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and by this reference is incorporated herein. Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this of , 1999. CITY OF FEDERAL WAY Effective Date. This ordinance shall take effeCt and be in force five day MAYOR, RONALD L. GINTZ ORD # , PAGE 4 ATTEST: ClTY 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. ORD # , PAGE 5 Attachment "A" Sec. 22-438. Community design guidelines. (a) Applicability. Ail commercial, office, industrial, institutional, and multi-family development applicationas are subject to the requirements of article XIX, community design guidelines. Applications for remodeling and expansion of an existing developments shall meet only those provisions of this article that are determined by the director of community development services to be reasonably related and applicable to the area of expansion or remodeling. ARTICLE XIX. COMMUNITY DESIGN GUIDELINES Sec. 22-1630. Purpose. The purpose of this article is to: (i) Adopt design guideline ~ ......... ~'~ -~" .... ~ ................. ~ ....... in accordance with land use and development policies established in the Federal Way Comprehensive Plan. (2) Require minimum standards for design review to maintain and protect property values and enhance the general appearance of the city. (3) Increase flexibility and encourage creativity in building and site design, while assuring quality development pursuant to the comprehensive plan and the purpose of this article. (4) Achieve predictability in design review, balanced with administrative flexibility to consider the individual merits of proposals. (5) Improve and expand pedestrian circulation, public open space, and pedestrian amenities in~...~~, office ~-~ ~-~ ..... ~ .... ~ ~ the ity (Ord. No. 96-271, § 3, 7-2-96) Sec. 22-1631. Administration. Applications subject to community design guidelines shall be processed as a component of the governing land use process, and the director of community development services shall have the authority to approve, modify, or deny proposals under that process. Decisions under this article will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this article. Decisions under this article are appealable using the appeal procedures of the applicable land use process. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-1632. Applicability. This article shall apply to all commercial, office, and industrial development applications in commercial zones subject to FWCC 22, Zoning, which were submitted for review after July 1, 1996 and shall apply to commercial and institutional uses in residential zones, residential uses in commercial zones and multifamily uses which were submitted after January 25, 1999. Subject applications for remodeling or expansion of existing developments shall meet only those provisions of this article that are determined by the director to be reasonably related and applicable to the area of expansion or remodeling. This article in no way should be construed to supersede or modify any other city codes, ordinances, or policies that apply to the proposal. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-1633. Definitions. (1 Arcade: A linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. (2 Awning: A rooflike cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. (3 Canopy: A permanent, cantilevered extension of a building that typically projects over a pedestrian walkway abutting and running along the facade of a building, with no habitable space above the canopy. A canopy roof is comprised of rigid materials. (4) Parking structure: A building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. (5) Plaza: A pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features include special paving, landscaping, lighting, seating areas, water features, and art. Public on-site open space: A space that is accessible to the public at all times, predominantly open above, and designed specifically for use by the general public as opposed to serving merely as a setting for the building. Right-of-way: Land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic; so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. Streetscape: A term in urban design that defines and describes the character and quality of a street by the amount and type of features and furnishings abutting it. Such features and furnishings may include trees and other landscaping, benches, lighting, trash receptacles, bollards, curbing, walls, different paving types, signage, kiosks, trellises, art objects, bus stops, and typical utility equipment and appurtenances. (9) Surface parking lot: An off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. (lO) Transparent glass: Windows that are transparent enough to permit the view of activities within a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is permitted, provided a reasonable level of visibility is achieved. Reflective or very dark tinted glass does not accomplish this objective. (Ord. No. 96-271, § 3, 7-2-96) Sec. 22-1634. Site design: all zoning districts. {a General criteria: (1 Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (2 Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (4) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (b) Surface parking lots: (i) Site and landscape design for parking lots are subject to the requirements of FWCC Article XVII. (2) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on- site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (5) See Section 22-1638 for supplemental guidelines. (c) Parking structures (includes parking floors located within commercial buildings): (i) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (2) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including roof lines, facade design, and finish materials. (3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to Section 22-1635(c) (2), on facades located above ground level. (4) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. 5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted. Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to landscaping, planters, and decorative grilles and screens. 7) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain link fencing is not permitted for garage security fencing. (8) See Section 22-1638(c)(4) for supplemental guidelines. (d) Pedestrian circulation and public spaces: (]_) Primary entrances to buildings should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. Pedestrian pathways from R.O.W. Pedestrian connections (3) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights- of -way. Bicycle racks should be provided for all commercial, developments. Outdoor furniture, fixtures, and streetscape elements, such as lighting, free standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. 6 See Section 22-1638 for supplemental guidelines. (e) Landscaping: Refer to FWCC Article XVII for specific landscaping requirements and for definitions of landscaping types referenced throughout this article. (f) Commercial service and institutional facilities: Refer to FWCC Section 22-949 and Section 22-1564 for requirements related to garbage and recycling receptacles, placement and screening. Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: a o Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. bo Trash and recycling receptacles shall include covers to prevent odor and wind blown litter. C · Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. do Chain link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Trash and storage areas Loading areas (2) Site utilities shall comply with the following: So Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. b 0 Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (g) Miscellaneous site elements: (1) Lighting shall comply with the following: a ° Lighting levels shall not spill onto adjacent properties pursuant to FWCC Section 22-954(c) . b o Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off-site glare. C · Light standards shall not reduce the amount of landscaping required for the project by FWCC Article XViI, Landscaping. (2) Drive-through facilities such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: a o Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate screening. bo The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. c. Drive-through speakers shall not be audible off site. do A bypass/escape lane is recommended for all drive- through facilities. e o See Section 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96) Sec. 22-1635. Building design: all zoning districts. (a) General criteria: Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation; or the proposed function or use of the site. Emphasizing natural topography 2) Building siting or massing shall preserve public viewpoints as designated by the Comprehensive Plan or other adopted plans or policies. 3) Materials and design features of fences and walls should reflect that of the primary building(s). b) Building facade modulation and screening options, defined: Ail building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII, Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case by case basis; provided that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See Section 22-1638(c) for guidelines pertaining to City Center Core and City Center Frame. (~) Facade modulation: Minimum depth: 2 feet; Minimum width: 6 feet; Maximum width: 60 feet. Alternative methods to shape a building such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered, provided that the intent of this section is met. (2) Landscape screening: 8 foot wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Article XVII, Landscaping, may be considered in meeting the landscape width requirement of this section. Incorporating modulations Incorporating landscaped buffers (3) Canopy or arcade: As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. (4) Pedestrian Plaza: Size of Plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. Incorporating canopy/arcade Incorporating pedestrian plaza (c) Building articulation and scale: (1) Building facades visible from rights-of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in paragraph (2) below. Building articulation Accessory Elements (2) Methods to articulate blank walls: Following is a non- exclusive list of methods to articulate blank walls, pursuant to FWCC Article XVII Section 22-1564(u) and Section 22-1635(c) (1), above: a. Showcase, display, recessed windows; Vertical trellis(s) in front of the wall with climbing vines or similar planting; C o Set the wall back and provide a landscaped or raised planter bed in front of the wall, with (3) plant material that will obscure or screen the wall's surface; do Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way Arts Commission may be used as an advisory body at the discretion of the planning staff); e o Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; f o Material variations such as colors, brick or metal banding, or textural changes; and Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. See Section 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96) Sec. 22-1636. Building and pedestrian orientation: all zoning districts. (a) Building and pedestrian orientation: (1) Buildings should generally be oriented to rights-of- way, as more particularly described in Section 22-1638. Features such as entries, lobbies, and display windows, should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof, should be incorporated into the street-oriented facade. (Does not apply to residential zones.) (2) Plazas, public open spaces and entries should be located at street corners to optimize pedestrian access and use. (3) Ail buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable. (4) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus-like development. Shared public spaces/plazas (Ord. No. 96-271, § 3, 7-2-96) Sec. 22-1637. Mixed Use residential buildings in commercial zoning districts. (a) Ground level facades of mixed-use buildings that front a public right-of-way shall meet the following guidelines: (i) Retail, commercial, or office activities shall occupy at least 20 percent of the gross ground floor, area of the building (unless exempt from this requirement by FWCC district zoning regulations). (2) If parking occupies the ground level, see Section 22- 1634(c). Residential ground level facade elements (3) Landscaped gardens, courtyards, or enclosed terraces for private use by residents should be designed with minimum exposure to the right-of-way. (Ord. No. 96-271, § 3, 7-2-96) Sec. 22-1638. District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning dJ_stricts: (a) Professional Office (PO), Neighborhood Business (BN), and Community Business (BC) : Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to Section 22-1634(d) . Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way or pedestrian area. For residential uses only: (4) Significant trees shall be retained within a 20- foot perimeter strip around site. (5) Landscaped yards shall be provided between buildinq(s) and public street(s). Parkinq lots should be beside or behind buildinqs that front upon streets. (6) Parking lots should be broken up into rows containinq no more than 10 adjacent stalls, separated by planting areas. (7) Pedestrian walkways (min. 6' wide) shall be provided between the interior of the project and the public sidewalk. (8) Liqhtinq fixtures should not exceed 20 feet in heiqht and shall include cutoff shields. This shall not apply to public parks and school stadiums. (9) Principal entries to buildinqs shall be hiqhliqhted with plaza or qarden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and desiqned so windows overlook them. (10) Common recreational spaces shall be located and arranqed so that windows overlook them. (11) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. (12) Ail new buildinqs, includinq accessory buildinqs, such as carports and qaraqes shall appear to have a rook pitch ranginq from at least 4:12 to a maximum of 12:12. (13) Carports and garaqes in front yards should be discouraged. (14) The longest dimension of any building facade shall not exceed 120 feet. Buildinqs on the same site may be connected by covered pedestrian walkways. (15) Buildings should be desiqned to have a distinct "base" "middle" and "top" The base (typically the first ~loor) should contain the qreatest number and richness of elements such as windows, materials, details, overhanqs, cornice lines, and masonry belt courses. The midsection by comparison may be simple. (Note: sinqle-story buildinqs have no middle.) The top should include a distinct roof shape that is visible from nearby streets (e.g. pitched, vaulted or terraced). (16) Architectural features that reinforce a "residential" environment shall be incorporated into all buildinqs. These include entry porches, projectinq window bays, balconies or decks, individual windows (rather than strip windows), offsets, and cascadinq or stepped roof forms. Window openinqs shall have visible trim material or painted detaining that resembles trim. (b) (c) Office Park (OP) , Corporate Park (CP) , and Business Park (BP): (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to Section 22-1634(d). (2) Buildings with ground floor retail sales or services should orient major entrances, display windows and other pedestrian features to the right-of-way to the extent possible. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way or pedestrian area. For residential uses only: (4) Section 22-1638-(a) 4-16 shall apply. City Center Core (CC-C) and City Center Frame (CC-F): (1) The City Center Core and Frame will contain transitional forms of development with surface parking areas. However, as new development or re- development occurs, the visual dominance of surface parking areas shall be reduced. Therefore, surface parking areas shall be located as follows: a o The parking is located behind the building, with the building located between the right- of-way and the parking areas, or it is located in structured parking; or b o Ail or some of the parking is located to the side(s) of the building; or Some short-term parking may be located between the building(s) and the right-of-way, but this shall not consist of more than one double-loaded drive aisle, and pedestrian circulation shall be provided pursuant to Section 22-1634(d) . Large retail complexes may not be able to locate parking according to the above guidelines. Therefore, retail complexes of 60,000 square feet of gross floor area or larger may locate surface parking between the building(s) and the right-of- way. However, this form of development shall provide for small building(s) along the right-of- way to break up and reduce the visual impact of the parking, and pedestrian circulation must be provided pursuant to Section 22-1634(d). For purposes of this guideline, retail complex means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is located or will locate. (2 Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. Building facades that are visible from a right-of- way and subject to modulation per Section 22- 1635(b), shall incorporate facade treatment as follows: The facade incorporates modulation and/or a landscape screening, pursuant to Section 22- 1635(b); and b o The facade incorporates an arcade, canopy or plaza; and/or one or more articulation element listed in Section 22-1635(c) (2); provided that the resulting building characteristics achieve visual interest and appeal at a pedestrian scale and proximity, contribute to a sense of public space, and reinforce the pedestrian experience. Drive-through facilities and stacking lanes shall not be located along a facade of a building that faces a right-of-way. (5) Above grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a o Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15-foot wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (6) Facades of parking structures shall be articulated above the ground level pursuant to Section 22- 1635(c) (1) . (7) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. For residential uses only: (8) Section 22- 1638 (a) 4-16 shall apply. (d) For all residential zones: (1) Commercial and institutional uses : Section 22- (2) Multifamily uses: Section 22-1638 apply. 1638 (a) 4-9 and 12-16 shall apply. (a) 4-16 shall (Ord. No. 96-271, § 3, 7-2-96) Sec. 22-1639. Design criteria for public on-site open space. The following guidelines apply to public on-site open space that is developed pursuant to the height bonus program established in FWCC Article XI, Division 8. (i) (2) Open space developed under this section should be located so that it: a o Abuts a public right-of-way, or alternatively, is visible and accessible from a public right-of-way; b o Is bordered on at least one side by, or is readily accessible from, structure(s) with entries to retail or office uses; housing, civic/public uses, or another public open space; and c. Is situated for maximum exposure to sunlight. Open space site design and configuration must meet a majority of the following guidelines: a o The gross area of the open space does not incorporate any other site elements such as setbacks, landscaping, buffers, paving, or storm drainage facilities, that would otherwise be incorporated into site design without exercising the open space option; bo The gross area of the open space encompasses at least 2.5 percent of the lot area, up to a total aggregate square footage of 25,000 square feet. C · The open space area must be clearly visible and accessible from the adjacent right-of-way; d. The primary area is at least 25 feet in width; e o A minimum of 15 percent of the total area of the open space is landscaped using Type IV landscaping or other landscaping alternative; and f o The open space may not be used for parking or loading of commercial vehicles. Commercial vehicle loading areas abutting the open space must be screened by a solid, site obscuring wall. (Ord. No. 96-271, § 3, 7-2-96) Sees. 22-1640--22-1650. Reserved. 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WIFIDSI~I 4~ ~DVdS DNIh"SVd Pa g' ~ aa ~q~q~DO'Sd PA~tlA~I 'x '~ SNOI£VqflD~llt ~ CITY OF FEDERAL WAY Planning Commission DATE: TO: FROM: SUBJECT: October 1, 1998 CITY COUNCIL ROBERT VAUGHAN, CHAIR PLANNING COMMISSION RECOMMENDATION - Residential Design Guidelines BACKGROUND The Federal Way Comprehensive Plan contains goals and policies that provide for residential design guidelines. In 1996, the City adopted design guidelines for commercial uses in commercial zones with the intent of implementing design guidelines for residential zones and residential uses at a later date. II . PLANNING COMMISSION PROCESS The Planning Commission held a public hearing on July 15, and August 19, 1998. Mark Hinshaw of LMN Architects prepared the staff report and recommendations. Hinshaw presented design concepts which the Planning Commission refined. I I I . SUMMARY OF AMENDMENTS The code amendments reviewed by the Commission during this code revision process included design standards to be applied to residential uses in commercial zones, multifamily projects in multifamily zones and commercial and institutional uses in residential zones. The amendments are written to be consistent with the existing design guidelines for commercial zones. The desired goal was to make projects pedestrian oriented, incorporate public spaces, and to design projects to be compatible with neighborhoods. The recommendation is a combination of prescriptive and descriptive guidelines. IV. PLANNING COMMISSION FINDINGS & RECOMMENDATIONS The Planning Commission bases its recommendation of adoption of the proposed amendments to the FWCC relative to the residential design guidelines on the following: 1. The City's residential areas are an important feature to the City's character and quality of life; and 2. The City of Federal Way adopted design guidelines for commercial zones in 1996 with the intent of following up with adoption of guidelines for residential zones and residential uses; and 3. The proposed amendments are consistent with the provisions of the Land Use Chapter of the Comprehensive Plan including the following: LUG1- Improve the appearance and function of the built environment. LUP1- Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2- Use design and performance standards to achieve a greater range of housing options in multiple family designations. 4. The Federal Way SEPA responsible official issued a Declaration of Nonsignificance on April 28, 1998; and 5. The proposed code amendments would not adversely affect the public health, safety or welfare. Robert Vaughan, Chair ~ Federal Way Planning Commission 2 City. of Federal Way Planning Commission Date: July 1, 1998 Applicant: City of Federal Way Proposed Action: Code Amendments to Chapter 22, Article XIV of Federal Way City Code (Design Guidelines) Staff Representative: Mark Hinshaw, FAIA AICP LMN Architects Staff Recommendation: Staff recommends that the Planning Commission consider the analysis and recommendations included in this report as a basis upon which to develop recommended amendments to the Design Guidelines section of the City's code for City Council adoption. I. Introduction This report describes a number of urban design guidelines that, upon adoption into the City's land use code, would help shape the quality and character of development in residential and non-residential areas. The guidelines are intended to: -- Ensure compatibility between residential and non-residential uses. -- Ensure compatibility between higher density residential development and lower density residential development. -- Ensure the livability of all types of residential development. -- Promote public safety and security in site and building design.. -- Provide for convenience and accessibility of residents to destinations. -- Contribute to the visual appeal of the city's neighborhoods, as well as the city as a whole. -- Implement the City's Comprehensive Plan -- Expand upon existing design guidelines to include residential development -- Achie~,e a balance between predictability and flexibility This report describes how these guidelines would relate to other guidelines already in the code, analyzes the issues, suggests several alternative approaches, and recommends one particular approach. However, specific code language is not proposed. If the Commission agrees with the direction of the recommended approach, specific amendments will then be crafted and brought back for consideration. Il. Background In 1996, the City adopted a new land use code. Intended to replace a previous interim code, the new code simplified many provisions and consolidated standards into cross-referenced charts. The new code also included a set of design guidelines intended to encourage more desirable forms of commercial development than had been seen. These guidelines have been applied to numerous development proposals, with markedly better results. Because the city was experiencing a considerable amount of commercial development, an effort was made to initially concentrate on commercial areas and eventually extend the use of guidelines to other uses and areas. The current guidelines include a wide range of design criteria directed toward site design and building design. Some guidelines are broad, while others are more detailed. The guidelines contain illustrations. They also include some statements that use the word "shall," meaning they are mandatory, and others that use the word "should," meaning strongly recommended. However, the more suggestive statements reflect city policy; applicants must demonstrate how they can or cannot achieve the intent of all applicable guidelines. The City staff applies the guidelines using an administrative process. A report presents an analysis of a proposal for its compliance with code standards and guidelines and inidicates conditions as necessary. As a result of several recent projects, it is now apparent that additional design guidelines are needed to govern several situations. As the community matures, both new development and redevelopment must respect the character of established neighborhoods and ensure that new, forms of residential development are safe, comfortable, and attractive. III. Issues The current design guidelines do not cover certain situations that are being increasingly found in various city locations: Non-Residential Development m Residential Dislricts The land use code allows certain types of non-residential uses, such as schools, churches, senior housing and day care to locate within single family and multiple family districts. In some instances, recent development of this type has not fully recognized the need to blend in with surrounding residences. Differences in building bulk and materials, the amount of paved surfaces, and the intensity of lighting can be abrupt. While some development has carefully softened its impacts on neighboring uses, others have not been successful. Guidelines would help staff, in their review of projects, to direct proponents to include appropriate measures to enhance both site design and building design. Having a set of guidelines "levels the playing field" by describing clear expectations and providing consistency during review. Development m Multiple Family Districts Federal Way incorporated al[er the county had permitted the development of numerous apartment complexes that are scattered throughout the community. Standards of review were not extensive and, consequently, a considerable amount of higher density development is repetitive in design, undistinguished in character, poorly designed, and out of scale with nearby lower density areas. While much of the land zoned for higher density has already been developed, there are still areas remaining and some of the earlier projects may be close to being redeveloped. It is important, therefore, to establish review criteria that will allow staff'to work with applicants in the design of projects. Multiple Family Development in Non-Residential Districts Increasingly, as the demand for housing grows, apartment and condominiums will be developed in areas previously considered as commercial. This was anticipated and even promoted by the City's comprehensive plan as a means of accommodating growth without altering the character of established neighborhoods. Furthermore, with changing demographics, such as the aging population, developers will seek out properties that can accommodate housing to meet demand. Although historically land values in commercial areas were too high to justify residential development, there are indications that housing may now be a competitive form of development, design guidelines are useful to ensure that the intent of planning policies is carried out and that these higher density forms of development are of high quality. [n all of the situations outlined above, there are common concerns. For example, the type and extent of landscaping can make a huge difference in compatibility and character. The location and amount of asphalt consuming a site significantly determines it visual impact. The bulk and scale of buildings can produce either an intrusive presence or one in which different activities can gracefully coexist. Pedestrian connections between development areas can make a huge difference to seniors, children and those who use transit. The entire image of the community, in fact, is affected by the nature of transitions between widely vapfing land uses. Finally, cities are increasingly making use of principles known as CPTED or "community policing through environmental design." These principles suggest ways of preventing unsafe conditions within neighborhoods and public places so that undesirable activities are discouraged. IV. Alternatives The following describes three methods of increasing the number and specificity of review criteria to address these issues. All of these build upon the existing approach used in the current design guidelines -- applicable to commercial development -- that have proven to be both workable and effective. A. Add Prescriptive Guidelines This method can produce a high degree of predictability. Guidelines contain quantitative standards that cannot be waived. Proponents know exactly what is required. There is little room for interpretation. Such guidelines are useful when certain characteristics are highly desired; where the city is certain that particular features must be included in all development. These are also the most legally defensible in that there is no ambiguity. An example of such as guideline is "All residential development shall include pedestrian walkways at least 8 feet wide, connecting buildings to the nearest public street." This still leaves room for some variation in design, such as the precise material used, but it is a clear specification. B. Add I)escrm/ive Guidelinex This method allows for considerable flexibility, but the wording rarely uses numerical standards, so words are relied upon to suggest the direction. This involves some amount of discretionary judgment on the part of the decision-maker. But it does allow for creative solutions. It is appropriate to use in cases where a wide range of possible designs is acceptable or desired. An example of this type of guideline is "The ground levels of principal buildings should incorporate architectural features, such as courtyards, trellises, seating, and canopies that encourage and support pedestrian activity." There are many ways to accomplish this; the reviewer would need to work closely with the applicant to ensure that the intent was met. C. Add a Mixture of Prescriptive and Descriptive Guidelines This method offers both some degree of predictability and some degree of flexibility. It would provide a number of guidelines that are mandatory, relatively specific, and address issues of primary concern. But there would also be a number of guidelines that would suggest directions that are strongly suggested. However, these are not mandatory since there may be certain situations in which the statements are difficult or inappropriate to apply. Even so, the applicant would need to demonstrate how the intent of the guideline might be met. The City would make the determination of applicability. All of the guidelines, whether prescriptive or descriptive, are considered to be important. The proposed guidelines represent this alternative, ie. a blend of prescriptive and descriptive standards. The benefit of having both quantitative and qualitative guidelines is that the fundamental issue of ensuring good design is established, but there is an allowance for creative variations. Guidelines should not be heavy-handed and dictatorial, but rather should encourage a development that satisfies both public sector and private sector objectives. V. Recommendation The attached chart displays a number of design guidelines applying to site design as well as building design. Both must be used to achieve a desirable result. The wording of each guideline is set forth to express the concept; translation into more precise code language may involve some refinement. Eventually, diagrams will be added to help illustrate the guidelines. For the purpose of presenting the guidelines, they have been shown in a matrix form, indicating whether they apply to particular situations. This can allow discussion to focus upon both the substance of the guidelines and their appropriate application. The recommended applicability of each guideline is shown, but it expected that further discussion may result in changes. In addition, many of the statements use the word "shall." Further discussion might result in changing this to "should" in some cases. We believe that this array of guidelines will produce development that is significantly more compatible, livable, and attractive. Site Design Guidelines Ail significant trees shall be re- tained within a 20' perimeter strip around site ) Landscaped yards shall be pro- vided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. Parking lots shall be broken up into rows containing no more than 10 adjacent stalls, sepa- rated by planting areas. Pedestrian walkways (min. 6' wide) shall be provided be- tween the interior ofthe project and the public sidewalk(s). Lighting fixtures shall not ex- ceed 20' in height and shall in- clude cutoff shields. All principal entries to buildings shall be highlighted with plaza or garden areas, containing planting, lighting, seating, trel- .lises and other features. Such areas shall be located and de- signed so that windows over- look them. -'1 Common recreational spaces should be located and arranged so that windows overlook them.* Units on the ground floor shall have private outdoor spaces ad- jacent to them so that exterior portions of the site are con- trolled by individual house- holds.* The side of the development facing any street providing ac- cess should have fencing no higher than 30' that allows vis- ibility into the site.~ Building Design Guidlines Ail new buildings, including ac- cessory accessory buildings such as carports and garages, shall have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Carports and garages within front yards should be discour- aged. The longest dimension of any building fac. ade shall not exceed 120 feet. Buildings on the same site ma), be connected by cov- ered pedestrian walkways. Buildings should be designed to have a distinct 'base,' 'middle,' and 'top.' The base (typicall.y the first floor) should contain the greatest number and rich- ness of elements such as win- dows, materials, details, over- hangs, cornice lines, and ma- sonry belt courses. The mid sec- tion. by comparison, may be simple. (Single-story buildings have no middle.) The top should include a distinct roof shape that is visible from nearby streets (e.g. pitched, vaulted, or terraced). Window openings ;hcdld have visible trim, either in the form of actual trim material or painted detailing that resembles trim. Architectural features that re- inforce a' 'residential" environ- ment should be incorporated into all buildings. These include entry porches, projecting win- dow bays, balconies or decks. individual windows (rather than strip windows), offsets, and cascading or stepped roof forms. TO: FROM DATE RE: MEMO Planning Commission Kathy McClung, Deputy Director '~ August 12, 1998 Residential Design Guidelines Attached are the d~af'~ regulations prepared by Mark Hinshaw. Since these will eventually be incorporated into the design guideline chapter of the'Zoning Code. I am also including that chapter so that you can put them in context. I will be out of the office for the next two weeks but Margaret Clark and Mark Hinshaw will be at your meeting on the 19th. ,~k- 22;1640 z_No~nzRc~kl _~ tf_a I within Landscaped wards shall ~ vrovided betwee~ bm-l~g~ im4publi¢ .ql'e-e4t's). Parking lots should b~ l>~il~or behind 'bmr_ dip_gs that froot upon f_~ Erst_ estria~, wa llcwavs [~xvetm the intc~rior · an th u [TX/RX MO 53971 ^lln~ t~iltfiag_ ~. incau~ acoessorv bufld/n g~ sach a.n casport~_and _m~-~ges~ shall.. a~r to hawa roof_uiw-h Fan ging fi'om at l.ea.q ~:]12 to a g~imum of 12:12~ T~_o longest dinlcnsJon of any :c×c~dL20 thc sanlc B~uildi~s should be dcsign~l to hawa distin~--t"base." _"mjdtll~." and '~t~_ ." Tho (tvpic~lly_tho first should coutair~ the ~_umb~r and richn~of ~lcutcnt~ such as w~dows. matcrLals, details, overban~;. ~.comjcc Lincs. and mason~b~It ~m~m&~tu may be ~mol¢. (Note: singl~-storvbuiMin~s h~vc no middle3 Thc top should in¢lud~ a~l'~st/rtct roof shaft is vis~l~ · ~ pit_ch~d. vau~tcd~ 081£2/98 ~ED ~:40 NO 5397] ~zincd v~i~in a ~nctcr ~i~ ~rou~d sim, lots should 1~ beside. buildin~ that front Ld.l Podcstrian v~Ik-ways tm/n, widc~ shall Ix= orovi~l¢~_ betwe~a thc intctlor .of the _~rojcct and thc publiq ' sid~ealkts). 08/12/98 ~TZD [TK/[U(. NO 53971 _front yards Should Buildings shoul~l be des~ed 10havo a distiuct "base." "m/ddlc." and "top." The (typically the first shouldpo~ta/r~ the_/~eate~t ~umb~r andx/chncss o_f e. elements m.i~h a~ materials.,dc ..t~jls. ovcrhan~, ~.ornice lines, and masonry b~It courscsL The rnidsaaion, by _c. ornpagison_ rosy ~ simple, ('Note: $inE[¢-starv btdlding,~ have no mi.cldl¢3 The toe .~hould irtclucl~.~_4iso_r~ct rvo~f L_h_h_h_h_h_h_h_h_h~e that is _~_2~{e from ne..ad~ stre, eti (¢ g,,._pjtche4t. y_~ult~d te~~ 08/~2/98 WED [t:~b-. {TX/iLK NO 53971 CCTV. CC-C, Io~ shoed T~ l~id~or~.,~hiRcl wide) shal~ be vrovi'c~ec! between th~ interior office _yr._eot a~nd the nub)i.q side3va[k($~. 08112/08 ~ED l~:~0 [ T~C/P,X No 53971 build[ams, ir~¢ludiaa' and to have a_ Ean~in~Lfi'om.at least 4:12 ma~mum of 12~12. t,~ld~g facadc shall aot exceed 120 fact..t~t~ on _walk~'av$. 08/[2/98 WED [T~./RX ~"C- 53971