Council PKT 03-16-1999 RegularCI T Y CO UNCIL MEE TING
AGENDA
~CH 16, 1999
C O UNCIL MEIvIB ERS
Ron Gintz, Mayor
Jeanne Burbidge
Jack Dovey
Mary Gates
Linda Kochmar
Michael Park
Phil Watkins
City Manager
Kenneth E. Nyberg
AGENDA
FEDERAL WAY COUNC
I F GULAR MEETING
Council Chambers- City Hall
March 16, Lq~- 7:0~ p.m.
CALL MEETING TO ORDER
Vo
PLEDGE OF ALLEGIANCE
PRESENTATIONS
Citizen Recognition]Public Safety. _Department
Economic Devel~_ merit Update
Emerging Issues
CITIZEN COMMENT
· CONSENT AGENDA
(Items listed below have been pnn&ntsly review~ by a Council Commiaet of thret rnemb~m and brought before
full Council for approval,, all items will be enacted by tree motion,, individual items may be removed by a
Councilmember for separate discussion and subsequent motit~ )
Minutes/March 2, 1999 Regular Meeting
Council Bill//217/CarnEy-Forward Budget Ad_iustment/Enactment Ordinance
Council Bill g218/Authorizafion for Formation of a Municipal Court/
Enactment Ordinance
Resolution/Authorization for Formation of a Municipal Court
Diversity. Commission Appointment (replacement.)
Resolution/Ventana Preliminary. Plat Approval
SW 340th St at Hoyt Rd SW/Intersection Improvement Pro_ieet
SeaTac Phase I (Belmor)/Final Pro_iect Acceptance
over please . . .
Resolutio~~ of 13~mi~_~ 1~~t
CITY MANAGER REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
** THE COUNCIL MA Y ADD AND TAleR ACTION ON OTHER ITEM~,NOT LISTED ON THE AGBNDA **
MEETING DATE: March 16, 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 March 2, 1999 Regular City Council Meeting.
SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to
RCW Requirements.
CITY COUNCIL COMMITTEE RECOMMENDATION:
CITY MANAGER RECOMMENDATION: Approve Official Minutes
APPROVED FOR INCLUSION IN COUNCH/~t~
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE~)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-5/14/96
DRAFT
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
March 2, 1999 - 7:00 PM
MINUTES
CALL MEETING TO ORDER
Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:05 PM
in the Council Chambers at City Hall.
Council Present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Gates,
Kochmar and Watldns. Councilmember Burbidge arrived at 7:21 PM.
Councilmember Dovey 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, Deputy
City Clerk Laura Ulanowski.
PLEDGE OF ALLEGIANCE
Deputy Mayor Park led the Pledge of Allegiance.
III.
PRESENTATION
Emerging Issues
Traffic Engineer Rick Perez gave Council a brief presentation addressing citizen concerns
regarding pedestrian safety at 23~ Ave S and 312~ Street.
Councilmember Kochmar stated she would like to see a pedestrian activated cross light at the
intersection.
Councilmember Gates would like to see a sidewalk installed on the north side of 314~.
Councilmember Watldns asked if traffic mitigation is part of the planning process with new
developments. Mr. Perez responded the City is increasingly aggressive in planning for traffic
safety.
Mayor Gintz stated the entire area may need to be readdressed and asked for patience from
citizens as the city studies alternatives.
City Council Regular Meeting
March 2, 1999 - Page 2
Mr. Perez stated he will bring forward recommendations after the various studies have been
completed.
Mayor Gintz stated the Council attended a retreat on February 27, 1999 to discuss the process
Council will initiate in hiring a new City Manager after Mr. Nyberg retires. Council formed a
sub-committee comprising of Deputy Mayor Park and Councilmembers Gates and Watkins. The
sub-committee's first meeting will be Friday, March 5, and will focus on search firms.
IV.
CITIZEN COMMENT
Hope Elder, thanked Council and staff for the Volunteer Recognition Dinner.
Bettie Wiles, submitted a petition of over 1,000 signatures asking for pedestrian safety
improvements on 23~a Ave.
Pat Peloza, stated it is not safe to cross at the cross-walks across 23~d Ave.
R0wena Mitchell, stated she is heartened to hear Council say they want safety improvements at
the intersection of 23~d Ave and 312~, but is apprehensive since 312t~ is being widened. Ms.
Mitchell asked for the crossing time at the light be extended from 40 seconds to allow seniors and
others to cross safely.
Richard Newell, asked for traffic enforcement on vehicles that do not yield to pedestrians.
Jean Troxel, expressed concerns regarding the lack of cross-walks and sidewalks in the area of 23rd
Ave and 312ta, and asked for remedies.
Doris Kinney, expressed concerns for pedestrian safety in the area of 23ra Ave.
Myles Swails, stated there is a serious problem with pedestrian safety and the problem is poor
planning.
Mayor Gintz stated the Council will revisit the issue in the near future after studies have been
completed.
CONSENT AGENDA
Minutes/February 16, 1999 Regular Meeting
Voucher/March 2, 1999
Monthly Financial Report/Month of January
1998 Year-End Financial Report
Resolution/Official Newspaper Designation - Approved Resolution #99-289
Council Bill #215/So 344th Way Street Vacation Approval/Enactment Ordinance -
Approved Ordinance # 99-336
City Council Regular Meeting
March 2, 1999 - Page 3
Council Bill//216/Annual Comprehensive Plan Update Process Adoption/Enactment
Ordinance - A~proved Ordinance #99-337
Street Equipment Bid Acc~__ tance & Financing OPtions
Ai _rport Communities Coalition (ACC) Interlocal
Police School Security_ Contract
COPS MORE 1998 Grant Award Acceptance
Youth F~iliO~s Grant Le~t~r of Intent
Skate P0.rk/80 % Design Approval
MOTION BY DEPUTY MAYOR PARK TO APPROVE THE CONSENT AGENDA AS
PRESENTED. COUNCILMEMBER GATES SECOND.
Councilmember Watldns pulled consent item k.
Motion to approve consent items a, b, c, d, e, f, g, h, i, j, 1, and m carried as follows:
Burbidge yes Kochmar yes
Gates yes Park yes
Gintz yes Watldns yes
Consent item k: Councilmember Watldns questioned the budget process. Public Safety Director
Ron Woods clarified, stating the 2 positions are new positions funded by the 1999-2000 General
Fund. Mr. Woods explained the COPS MORE Grants are grants allowing for civilians to perform
routine duties of police that normally take police off the streets. Chief Woods explained the City
was awarded the grant in the amount of $92,389.00 and the City's match is $30,796.00. Chief
Woods stated the City has not received the grant money as of yet, but it has been awarded.
MOTION BY COUNCH34EMBER WATKINS TO APPROVE CONSENT ITEM k.
COUNCH31EMBER KOCHMAR SECOND. The motion carried as follows:
Burbidge yes Kochmar yes
Gates yes Park yes
Gintz yes Watkins yes
VI,
ao
INTRODUCTION ORDINANCES
Council Bill/~e217/Carry-Forward Budget Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-2000
BIENNIAL BUDGET (AMENDS ORDINANCE 98-325).
City Council Regular Meeting
March 2, 1999 - Page 4
MOTION BY COUNCILMEMBER GATES TO MOVE COUNCIL BILL #217 TO A
SECOND READING/ENACTMENT ORDINANCE ON THE MARCH 16, 1999 COUNCIL
AGENDA. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows:
Burbidge yes Kochmar yes
Gates yes Park yes
Gintz yes Watkins yes
Staff Presentation/King County Contract Proposal for District Court Services
City Attorney Londi Lindell gave a presentation regarding the formation of a municipal court,
stating the City's contract with King County expires December 31, 1999; the proposed interlocal
would increase costs by 27%, with no increase in services, in addition to the cost of capital
improvements.
Assistant to the City Manager Derek Matheson gave a comparison between district court costs and
proposed municipal court costs.
b. Council Bill #218/Ordinance Authorizing the Formation of a Municipal Cpurt
AN ORDINANCE OF THE CITY OF FEDERAL WAY CREATING A MUNICIPAL COURT
TO COMMENCE OPERATION ON JANUARY 1, 2000, PROVIDING FOR THE
APPOINTMENT OF A MUNICIPAL JUDGE, AND AMENDING CHAPTER 2 OF THE
FEDERAL WAY CITY CODE BY ADDING A NEW ARTICLE X.
MOTION BY COUNCH~MEMBER KOCHMAR TO MOVE COUNCIL BILL g218 TO A
SECOND READING/ENACTMENT ORDINANCE ON THE MARCH 16, 1999 COUNCIL
AGENDA. DEPUTY MAYOR PARK SECOND.
Councilmember Kochmar stated the benefits of forming a municipal court outweigh the
disadvantages.
Mayor Gintz asked about the proposed 11.55 FTE's. Mr. Matheson responded the proposal
includes 1 Court Administrator, 9 Court Clerks, .08 Municipal Judge, and .75 Court
Commissioner.
The motion to move Council Bill #218 to second reading/enactment carried as follows:
Burbidge yes Kochmar yes
Gates yes Park yes
Gintz yes Watkins yes
City Council Regular Meeting
March 2, 1999 - Page 5
VII.
CITY MANAGER REPORT
City Manager Kenneth Nyberg announced the Diversity Commission will conduct a retreat on
March 18, 1999 and invited Council; the 1999 Business Expo will be held on March 12, 1999
from 1-9 PM at SeaTac Mall; and the AWC Conference is scheduled for June 22 - 25~ in
Wenatchee. Mr. Nyberg stated the Capital Strategic Plan is in process and being finalized by
staff. Mr. Nyberg will meet with Council one on one to discuss the plan prior to going to
Committee. Council will conduct an Executive Session to discuss Collective Bargaining pursuant
to RCW 42.30.140(4)(a), and Property Acquisition pursuant to RCW 42.30.110(1)(b) anticipated
to last approximately 20 minutes with no action expected.
CITY COUNCIL REPORTS
Councilmember Watkins stated the next Land Use/Transportation Committee meeting is scheduled
for March 15, 1999 and will center on adult entertainment zoning.
Councilmember Burbidge the Executive Advisory Committee Meeting will be held on March 3,
1999, and the Central Puget Sound Water Suppliers will also meet March 3, 1999.
Councilmember Gates stated the Finance/Economic Development/Regional Affairs Committee will
meet on March 23, 1999 at noon, and updated Council on various regional affairs.
Councilmember Gates stated the Light Rail decision has been reached and she has drawings of
MLK Boulevard as it appears now and as it may appear with light rail that she will make available
to Council.
Councilmember Kochmar report for Councilmember Dovey that the next meeting of the
Park/Recreation/Human Services and Public Safety Committee will be March 8, 1999 at 5:30 PM.
Councilmember Kochmar also stated a report on the Airport Cities Coalition will be forthcoming
and she and Deputy Mayor Park attended the Puget Sound Region 20/20 meeting.
Deputy Mayor Park reported he will attend a meeting of the Private Industry Council on March
10, 1999 and the first meeting of the Executive Search Sub-Committee will be March 5, 1999.
Mayor Gintz stated he will attend a Mayor's conference in Indianapolis in April.
Mayor Gintz adjourned the regular meeting to executive session at 8:56 PM.
IX,
EXECUTIVE SESSION
ao
Collective Bargaining/Pursuant to RGW 42.30.140(4)(a)
Property Acquisition/Pursuant to RCW 42.30.110(1)(b)
Deputy City Manager Philip Keightley announced an additional 15 minutes were necessary at 9:15
PM.
City Council Regular Meeting
March 2, 1999 - Page 6
ADJOURNMENT
There being no further business before the Federal Way City Council, Mayor Gintz adjourned the
regular meeting of the Federal Way City Council at 9:35 PM.
Laura UlanowsM, Deputy City Clerk
MEETING DATE: March , 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 1999/2000 Carry-Forward Budget Adjustment
CATEGORY:
/5~X_CONSENT
X ORDINANCE
BUSINESS
HEARING
FYI
1999 BUDGET IMPACT: $22,698,725
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Ordinance and budget adjustment exhibit A.
SUMMARY/BACKGROUND: This is an ordinance to adjust the 1999 budget to: (1) reflect the
actual ending fund balance at 1998; (2) carry-forward grants, transfers, and other revenues were
awarded and budgeted but not received in 1998; (3) carry-forward projects, services, and other
expenditures that were approved or committed in 1998 but not yet completed or paid at the end of
1998; (4) correct items approved but did not get in the adopted budget correctly; (5) allocate
$76,548 from 1998 Parks expenditure saving for equipment and play structure at Celebration park.
Unless otherwise identified, these adjustments are housekeeping in nature as they have been
previously approved by Council.
Staff also recommend council consider allocating $24,000 for monument signs and an estimated
$80,000 for a maintenance structure from the existing Celebration Park Project balance and the
additional funds raised. The amount for the maintenance structre may be different depends on the
design feature to be reviewed by the Council.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the 1999 Carry-Forward
Budget Adjustment.
CITY MANAGER RECOMMENDATION: Approve the 1999 Carry-Forward Budget
Adjustment.
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 REA1)
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
From:
Subject:
February 25, 1999
Federal Way City Council
Iwen Wang, Management Services Director ..5~L)
Carry-forward Budget Adjustment- Updated From FEDRAC Committee Meeting
This memo and the attached material will present the City's 1998 final operating results and 1999 Carry-
forward Budget Adjustment items for Council consideration.
The primary purposes of the carry-forward adjustment are to: (1) adjust the beginning fund balance from
the estimated amount used during budget deliberation to the actual as we conclude the fiscal 1998
activities; (2) carry-forward of projects and associated revenues, such as grants that were awarded and
budgeted in 1998, but not received at the end of 1998; and (3) expenditures that were committed in 1998,
but not expended until 1999.
These three categories form the largest portion of the adjustments. The total adjustment to beginning
fund balances is $18,800,024; adjustments to grants and transfers total $5,320,999; and $22,698,725 in
continuing projects and costs. The resulting ending fund balance total is $22.1 million at the end of the
biennium, of which $1.1 million is in undesignated General Fund primarily attributable to the higher than
anticipated sales tax, building permits, fines and forfeitures, and sales tax equalization distribution from
the State. On the expenditure side, most of the balances remaining at the end of 1998 are for projects or
commitments that are included in this carry-forward adjustment. This $1.1 million one-time source is
available for Council allocation on one-time projects. Also included in the ending fund balance is
$2.12 million balance in hand at the end of 1998 in Utility Tax/Debt Service Funds. This amount is
above the amount required for debt service prefunding and early retirement Saghalie Bonds, which is
available for capital purposes.
In addition to these three categories, this budget adjustment includes minor corrections for items that
were not included in the adopted budget correctly. This includes the $60,000 in school security revenue,
$47,808 in COPS More Grant and associated costs.
There are three new request items that are proposed for Council to consider. Parks, Recreation and
Cultural Services Department has a saving of $146,938 from operating budget at the end of 1998. Staff
requests using part of the balance to: (1) acquire two athletic field groomers for Celebration Park for
$28,548. This equipment is necessary to maintain and prepare soccer and ballfields; (2) two utility carts
for $18,000 to move equipment and staffat Celebration Park without purchasing trucks; and (3) to add a
play structure at Celebration Park for an estimated $30,000 to make the park a park for ali ages. These
three requests total $76,548. As discussed in a separate project status report prepared by Dave
Wilbrecht, staff is recommending Council allocate the project balance and the additional funds raised for
the park to a maintenance building at $80,000 and monument signs for the park at $24,000.
The Finance, Economic Development and Regional Affairs Committee approved the budget adjustment
in the amount of $22,698,725 and requested that the design of the maintenance building be reviewed by
appropriate Council Committee and that the estimated $80,000 construction cost be adjusted if
necessary.
K:WIN\*\99CYFWD
CITY OF FEDERAL WAY
CARRY FORWARD BUDGET ADJUSTMENT
IMPACT TO 1999 BUDGET
FEBRUARY, 1999
General Fund:
Corrections to the 1999 Adopted Budget:
School Secudty Officer-School District Payment
COPS More 96 Grant Extension-Funding for 2 Recreation Coordinators
COPS More 96 Grant Extension-Reduce Funding by Amount Claimed 4th Ob' 1998
Reallocation of Fleet Replacement Reserve Charges to SWM
P3/Cola Reallocation to Fund 502
Transfer to Street Fund-Reciass Update Development Fee Schedule
Use of CM Contingency:
City Hall Move
Approved Projects In 1998:
Document Imaging System-Hardwara/Soflware/Implementation
'rimekeeping System
New Eden System
Various DP Equipment
1998 Facilities Fund Transfer
Education Assistance Balance
Arts Commission Contract Balance
PAA Study-GIS Mapwork
Wetland Inventory Balance
Human Services Contract
Human Services Combined Giving Campaign & Enchanted Parks Donation Balance
Neighborhood Matching Fund Balance
Transfer to Celebration Park for Play Structure-Funding Source is Parks Operations Savings
Celebration Park-Equipment & Miscellaneous Supplies-Balance of 1998 M&O from Utility Tax
Other Miscellaneous
CD Filing System Balance
Public Safety-Weyerhauser Donation Balance
Public Safety-Traffic School
Public Safety-SIU Expenditures
Public Safety-97 & 98 LLEBG Grant Balance, including interest earned and match
Public Safety-Balance of 4 Vehicles
Public Safety-Other Various DP Equipment
Street Fund:
Commute Trip Reduction Grant Project
Filing System
Street Lights on SR99 to 312th & ail Bus Stops
VMS Reader Board
Transfer to 21st & 344th Pedestrian Signal Street CIP Project
Small Office Apparatus for New Workstation
Return of Excess General Fund Subsidy
Arterial Street:
1998 Asphalt Overlay Program Balance
Solid Waste & Recycling:
Grants
Snow & Ice Removal:
Return of Excess General Fund Subsidy
Hotol/Motol Lodging Tax
Transfer to General Fund-Restore Arts Commission
Marketing/Promotional Materials
Historical Society
Convention Center/Performing Arts (Total $32,500)
60,000
47,808
(14,346)
(7,000)
(25,292)
8,000
25,000
100,000
95,000
182,232
26,500
27,636
14,169
25,444
7,000
38,000
20,122
11,151
13,511
30,000
46.548
3,058
9,332
13,000
5,000
41,792
204,844
46,143
15,895
44,355
10,000
7,500
15,000
22,0O0
2,500
66,260
477,375
34,325
3,530
25,000
15,000
5,000
20,000
3/9/99 8:59AM 99carry sum99
I
Surface Water Management;
Reallocation of Fleet Replacement Reserves-1999 Adopted Budget Correction
VMS Reader Board
Jet Rodding/Vactorlng Service *
Transfer to SeaTac Mall Detention CIP Project
Strategic Reserve:
Transfer Interest Earnings to Risk Management Self Insurance
Dumas Bay Centre:
Knutzen Family Theatre Balance
Knutzen Family Theatre-appropriate CDBG Grant Reimbursement
Knutzen Family Theatre-Reapprepdate to Theatre Operations & Parking Lot
Dumas Bay Centre Operations-Deferred Maintenance Balance
City Facilities ClP:
Public Safety Facility Balance
Downtown Revitalization Balance
Parks ClP:
Panther Lake Project-Funding Source is Mitigation Fees
KC Open Space Grant Balance/Lake Killarney
BPA Phase III-Balance
BPA Phase III-Funding Source is WSDOT Grant
School Site Improvements Balance
Neighborhood Parks Balance
Klahanee Lake Improvements Balance
Skateboard Park Balance
Skateboard Park-Funding Source is Reallocation of Steel Lake Park Balance
Parks Asphalt Overlay for Paths & Trails
Celebration Park:
Playground Structure-Source is Transfer In From General Fund-98 Parks Operation Savings
Maintenance Building-Funding Source is Portion of Tax Refund of $100K
Park Signs-Funding source is $20K of Tax Refund & Portion of Celebration Park Balance
Donated Furnishings. Plaques. etc-Funding Source is Celebration Park Contingency Balance
Additional Donations
Reduce Expenditures by Sales Tax Refund
Reduce Expenditures by LHUD Reimbursement
Other Park Costs-Funding Source is Remaining Balance
SWM CIP:
Panther Lake Balance
Appropriate Transfer from SWM Operations to SeaTac Mall Project
SeaTac Mall Balance
S 340th Street Regional Storm Detention Balance
Kitts Comer/S 336th Regional Storage Facility Balance
Star Lake RoadlS 272nd Conveyance Improvements Balance
S 356th Regional Storage Balance
Small CIP-Lakota Creek Adoption Program Grant
Traffic ClP:
21st Ave ~ SW 325th Signal Balance
Dash Point Road & 8th Ave SW Traffic Signal
S 336th - 13th Ave S to 18th Balance
Military Road & Star Lake Road Balance
Military Road & Star Lake Road-Funding Source is Hazardous Elimination Grant
Street ClP:
S 356th to SR 99 to 1st Ave Balance
S 356th to SR 99 to 1st Ave-Funding Source is TIB Grant
SW 336th, 21st to 26th SW Balance
ROW 23rd Ave S, S 317th to S 326th Balance
ROW 23rd Ave S, S 317th to S 326th~Funding source is TIB Grant
S 348th I-5 to SR 99 Balance
7,000
15,000
15,000
1,017,852
25,496
15,916
32,794
(17,415)
31,828
5,066,430
2,399,168
74,140
140,925
74,136
53,705
9,582
72,294
27,229
13,738
10.927
5,915
30.000
80,000
24,000
48,000
24,000
(100,000)
(14,000)
26,471
11,502
1,017,852
771,791
196,990
33,919
69,513
205,387
8,715
32,981
244,563
398,508
38,585
124,855
282,590
105,210
72,173
1,504,431
413,974
26,000
319/99 8:59AM 99car~ sum99
2
S 312th SR 99 to 23rd Ave S Balance
S 312th SR 99 to 23rd Ave S-Funding Source is TIB Grant
Military Road S, s 286th to S 288th, including 304th Balance
Other ClP Projects-Bond Funded Balance
S 320th St & Highway 99 Intersection Improvements Balance
S 320th St & Highway 99 Intersection Improvements-Funding Source is ISTEA Grant
S 320th St & Highway 99 Intersection Improvements-Funding Source is TIB Grant
Signalized Pedestrian Crossing Balance
Signalized Pedestrian Crossing-Funding Source is CDBG Grant
Signalized Pedestrian Crossing-Funding Source is realloc of S 312th St & 14th Ave to 21st Ave
Signalized Pedestrian Crossing-Funding Source is TIB Grant
Signalized Pedestrian Crossing-Funding Source is Transfer In From Street Fund
SW 312th St & 14th Ave Pedestrian-Remaining Balance after Reallocation to Signalized Pedestrian Crossing
SW 340th & Hoyt Road Balance
SR99 Improvements-S 312th to S 324th Balance
SR99 Improvements-S 312th to S 324th-Funding Source is ISTEA Grant
Risk Management:
Equipment Insurance for PW Street Maintenance-Correction to 1999 Adopted Budget
Information Systems:
Corrections to the 1999 Adopted Budget:
Public Safety Recreation Coordinators (grant funded) DP Related Expenses
Eliminate Finance Reapproprlaflon to Support DP Analyst Position
Various DP/Teiecemm Related Expenses for Deputy Public Works Director
Permit Tracking System-Funding Source is Use of Replacement Reserves
P3/Cola Reallocation
Approved Projecto in 199e:
Automated Timekeeping System
Eden System Upgrade Balance
Document Imaging System (50% City Hall/50% Public Safety)
Various DP Equipment for Public Safety
Varioys DP Equipment for City Hall
GIS Mapwork for Wetland Inventory-PAA Study for CD Planning
Fleet & Equipment:
Various Expenses for PW Street Maintenance Equipment-Correction to the 1999 Adopted Budget
Equipment for 4 Public Safety Vehicles
VMS Reader Board for Street & SVVM
Buildings & Furnishings:
Workstation for Deputy Public Works Director-Correction to the 1999 Adopted Budget
CD/PW Filing System Balance
1998 Facilities Fund Transfer
City Hall Move-Funding Source is CM Contingency
Spec/el Studies/Con~racts:
Government Access Channel Cable Broadcasting Balance
2% for the Arts:
Arts for Celebration Park
CDBG:
Transfer to Dumas Bay Centre-CDBG Grant Reimbursement
Tranfer to Street CIP-CDBG Grant Reimbursement
Increase Funding for CDBG Capital Project-Youth Adult Support Housing Program
Transfer to Public Safety-CDBG Grant Reimbursement
CARES Program-Correction to 1999 Adopted Budget
1,102,216
1,268,595
874,894
339,800
197,486
48,083
188,524
10,785
44,652
15,519
100,000
22.000
53,875
102,438
623,284
4,000
9,852
(10,000)
6.830
71,000
25.292
95.000
182,232
100,000
15,895
26,500
7,000
198,754
46,143
30,000
10,700
19,332
27,636
25,000
23,410
113.274
49,838
44,652
20,000
982
(710)
3/9/99 8:59AM 99carry sum99
3
CITY OF FEDERAL WAY
CARRY FORWARD BUDGET ADJUSTMENT
IMPACT TO 2000 BUDGET
FEBRUARY, 1999
General Fund:
Corrections to the f999 Adopted Budget:
School Secudty Officer-School District Payment
Reallocation of Fleet Replacement Reserve Charges to SWM
P3/Cola Reallocation to Fund 502
Transfer to Street Fund-Reclass Update Development Fee Schedule
Hotel/Motel Lodging Tax:
Transfer to General Fund-Restore Arts Commission Funding
Staffing Costs-Tourism/Promotion
Convention Center/Performing Arts Center (Total $32,500)
60.000
(7,000)
(25,798)
8,000
25,000
37,500
12,500
Surface Water Management:
Reallocation of Fleet Replacement Reserves-1999 Adopted Budget Correction 7,000
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS
AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET
(AMENDS ORDINANCE 98-325).
DRAFT
WHEREAS, certain revisions to the 1999-00 Biennial Budget are necessary; and
WHEREAS, these revisions are a result of funds to be carried forward from 1998;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment. Ordinance 98-325, Section 1, is hereby amended to adopt
the revised budget for the years 1999-00 biennium as follows:
Section 1. 1999-00 Biennial Budget. That the budget for the 1999-00
biennium is hereby adopted in the amounts and for the purposes as
shown on the attached Exhibit A & B (~1999 and 2000 Revised
Budgets").
Section 2. Severability. 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.
ORD. # , PAGE 1
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
,1999.
CITY OF FEDERAL WAY
ATTEST:
MAYOR, RON GINTZ
CITY CLERK, N. CHRISTINE GREEN
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\~fi n~iennialXordinanc\99~c ~a.doc
ORD. # ., PAGE 2
u,I
MEETING DATE: March 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Ordinance Authorizing The Formation of a Municipal Court
CATEGORY:
~CONSENT
XXORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
BUDGET IMPACT:
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Revised Ordinance No. 99-218, Authorizing the Formation of a Municipal Court
SUMMARY/BACKGROUND: On March 2, 1999, the full City Council voted to forward Ordinance No. 99-218 to
second reading and adoption on March 16, 1999, authorizing the Formation of a Municipal Court. Three sections of the ordinance
have been revised to clarify the intent and practical implications. The revisions are not substantive changes.
First, Section 2-312 entitled Court Operation, was revised to state that the City Manager or his/her designee would prepare a
budget for the Court.
Second, Section 2-316 entitled Jury Trial and Fee, now references the RCW authorizing the jury trial and fee and sets forth the
assessment of the fee.
Third, Section 4 of the Ordinance has been revised to reflect that the Ordinance will not take effect until November 15, 1999.
RCW 3.50.040 requires the City Manager to appoint the Municipal Judge within 30 days of the effective date of the Ordinance.
The City Manager desires to delay the appointment of the Municipal Judge to allow sufficient time for the selection of the best
candidate, and therefore, the effective date has been extended to provide such opportunity.
CITY COUNCIL COMMITTEE RECOMMENDATION: The City Council Pzrks, Recreation, Human Services &
Public Safety Committee at its February 22, 1999 meeting and moved to forward a draft ordinance creating a Municipal Court to
the full City Council at the March 2, 1999 meeting.
CITY MANAGER RECOMMENDATION: Approve attached Ordinance. ~; ' /~ [~/ ~/' ~
......................................................................................................................................................................... .............................
....
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 #
1 st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:\agnditem~2mtmicipa.ct
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
CREATING A MUNICIPAL COURT TO COMMENCE OPERATION ON
JANUARY 1, 2000, PROVIDING FOR THE APPOINTMENT OF A MUNICIPAL
JUDGE, AND AMENDING CHAPTER 2 OF THE FEDERAL WAY CITY CODE
BY ADDING A NEW ARTICLE X
WHEREAS, the City of Federal Way is an optional municipal code city with a
population of less than four hundred thousand, and
WHEREAS, Chapter 3.50 of the Revised Code of Washington allows such cities to
create and operate a municipal court, having the jurisdiction and powers set forth herein; and
WHEREAS, the City considers the creation of a Federal Way Municipal Court to be
in the best interests of the citizens of the city; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. A new Article X, to Chapter 2, "Administration", entitled Federal Way
Municipal Court is hereby added to the Federal Way City Code (FWCC), to read as follows:
2-306. Creation. The Municipal Court of the City of Federal Way ("the Court") is
hereby created, which shall have jurisdiction and exercise all powers vested in the Court by Chapter
3.50 RCW as it now exists or may hereafter be amended, together with such other powers and
jurisdiction as are generally conferred on such courts in Washington, either by common law or
express statute. The Municipal Court shall commence operation January 1, 2000.
ORD # , PAGE 1
2-307. Jurisdiction. The Court shall have exclusive original jurisdiction over traffic
infractions arising under City ordinances, and exclusive original criminal jurisdiction of all
violations of City ordinances. The Court shall have original jurisdiction of all other actions brought
to enforce or recover license penalties or forfeitures declared by City ordinance or state statute. The
Court is also empowered to forfeit cash bail or bail bonds and issue execution thereon; and in
general to hear and determine all causes, civil or criminal, including traffic infractions, arising under
such City ordinances, to issue process including but not limited to subpoenas and search warrants,
and to pronounce judgment in accordance therewith. Finally, the Court shall have the jurisdiction
as conferred on it by statute. Notwithstanding the foregoing, the District Court for King County,
Federal Way Division, shall continue to have jurisdiction over a matter filed with the District by the
City of Federal Way and which matter is not transferred by order of the Federal Way Municipal
Court.
2-308. Violations Bureau.
A. Creation. The Federal Way Violations Bureau is hereby created to
operate under the supervision of the Municipal Court to assist the Court in processing traffic cases.
The Violations Bureau created by this section shall commence operation January 1, 2000. Day to
day operations of the Violations Bureau shall be supervised by the court administrator.
B. Processing. The Violations Bureau is authorized to perform all of the
functions authorized under RCW 3.50.030, at it exists or as it may hereafter be amended. The
violations bureau shall operate in conformity with state statutes such as RCW Chapter 46.63 and
RCW 3.50.030 as they now exist or may hereafter be amended. All penalties and forfeitures paid
to the violations bureau shall be handled in the same manner as municipal court revenue.
ORD # , PAGE 2
2-309. Disposition of Revenue. Costs in civil and criminal actions may be imposed
as provided in district court in RCW 3.62.060 and in RCW 10,01.160 as they exist or as they may
hereafter be amended. All fees, costs, fines, forfeitures and other money imposed by the Municipal
Court for the violation of any City ordinances shall be collected by the Court Clerk, and, together
with any revenues received by the Clerk, shall be deposited with the City Finance Director, in
conformance with procedures adopted by the City Manager or designee, or state law. These funds
shall be retained or disbursed pursuant to City ordinances or policies and state law, such as RCW
3.50.100.
2-310. Municipal Judge.
A. Appointment. Within thirty (30) days after the effective date of this
ordinance, the City Manager shall appoint a municipal judge, who shall commence work on or about
December 15, 1999, and who shall work less than a full time equivalent as defined in RCW 3.50.055
as it now exists or may hereafter be amended. Pursuant to RCW 35A. 13.080, this appointment is
subject to confirmation by the City Council.
B. Term. The Municipal Court judge shall serve a term of two (2) years,
with the initial appointment of the judge under this ordinance expiring December 31,2001. On or
before December 1, 2001, the City Manager shall make an appointment of a judge for a term
commencing January 1, 2002 and expiring December 31, 2005, provided that, the judicial position
continues as a less than full time equivalent position as defined in RCW 3.50.055 as it now exists
or may hereafter be amended. Appointments, if appropriate, for each term thereafter shall be made
on or before December 1 of the next preceding year in which the judicial term commences.
OR.D # , PAGE 3
In the event that the judicial position becomes a full time equivalent position as defined in
RCW 3.50.055 as it now exists or may hereafter be amended, an election shall be conducted the year
preceding the expiration of thc appointed term.
C. Judicial Qualifications. At the time of the appointment or election, the
person appointed or elected shall be qualified for the position of municipal judge under city rules
as the City Council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040
and RCW 3.50.050.
D. Additional Judges. Additional full or part time municipal judge
positions will be filled in accordance with RCW 3.50.055 as it now exists or may hereafter be
amended, when in the judgment of the City Manager and/or the City Council, as applicable, the
public interest and the administration of justice makes such additional judge or judges necessary.
E. Judges Pro Tem. The City Manager shall, in writing, appoint judges pro
tem who shall act in absence, disability, or disqualification of the regular judge of the Municipal
Court. A pro tem judge's term of appointment shall also be specified in writing, but in any event
shall not extend beyond the City Manager's termination of employment. The judges pro tem shall
receive such compensation as shall be fixed by the ordinances of the City. When deemed necessary
by the City Manager or designee, the City Manager or designee may make a temporary appointment
of a judge pro tem, to preserve an individual's rights according to law, or to respond to emergency
circumstances, effective for up to one week. Such temporary appointment shall be the same as other
appointments of judges pro tem, except that the appointment and the term thereof do not need to be
in writing and the oath of office may be orally sworn to or affirmed before the court administrator
or court clerk.
ORD # , PAGE 4
F. Vacancy. Any vacancy in the Municipal Court due to death, disability,
or resignation of a judge shall be filled by the City Manager, for the remainder of the unexpired
term. The appointment shall be subject to the confirmation of the City Council. The appointed
judge shall be qualified to hold the position of judge of the Municipal Court as provided in this
section.
G. Removal. During the term of his or her appointment or election, a
Municipal Court judge shall be removed only upon conviction of misconduct or malfeasance in
office, or because of physical or mental disability rendering the judge incapable of performing the
duties of the office; provided that, a Municipal Court judge is also subject to disciplinary actions by
the Commission on Judicial Conduct and the Supreme Court, as described in RCW Chapter 2.64.
H. Oath. Every judge of the Municipal Court, before entering upon the
duties of the office, shall take and subscribe the following oath or affirmation:
"! do solemnly swear (or affirm) that I will support the Constitution of the United
States and the Constitution of the State of Washington, and that I will faithfully
discharge the duties of the office of judge of the Municipal Court of the City of
Federal Way, according to the best of my ability."
The oath shall be filed in the office of the King County Auditor and with the Federal Way City
Clerk.
I. Bonds. Every Municipal Court judge shall give such bonds to the state
and City for the faithful performance of the judge's duties as may be required by law or City
ordinance.
ORD # PAGE 5
J. Compensation. Pursuant to RCW 3.50.080, the compensation for the
Municipal Court judges shall be set by the City Council by ordinance. Other terms of employment
shall be set by a Personal Services Agreement which may be executed by the City and the appointed
judge.
2-311. Municipal Court Commissioner. Pursuant to RCW 3.50.075, Municipal
Court commissioners may be appointed by the Municipal Judge, and shall serve at the pleasure of
the ~udge.
2-312. Court Operation. As part of the bi-annual preliminary budget presentation,
the La-,-,' Dcpv..-tmcnt City Manager or his/her designee will prepare a budget for the Court and thc
'~:'-' ~ ~ ...... will make a recommendation on such budget to the City Council. The bi-annual
budget for the Municipal Court shall be approved by the City Council. All employees of the
Municipal Court shall, for all purposes, be deemed employees of the City. They shall be subject to
applicable provisions of City personnel guidelines, and state laws, such as RCW 3.50.080.
2-313. Sessions. The Municipal Court shill be open and shall hold such regular and
special sessions as may be prescribed by City Council; PROVIDED, that the Municipal Court shall
not be open on nonjudicial days, as established by state law. This section shall not prevent the
municipal judge from granting telephonic approval or entry of search warrants, issuing no contact
orders, or determinations of probable cause, regardless of whether the Court is officially open.
2-314. Municipal Court Seal. The Municipal Court shall have a seal which shall be
the vignette of George Washington, with words "Seal of The Municipal Court of Federal Way, State
of Washington" surrounding the vignette.
ORD # , PAGE 6
2-315. Case Transfers. A transfer of a case from the Municipal Court to either
another municipal judge of the City of Federal Way or to a judge pro tempore appointed in the
manner prescribed by this chapter shall be allowed as provided in RCW 3.50.125 as it now exists
or may be amended.
2-316. Jury_ Trial and Fee. Jury trials shall be allowed as specifically provided for
in RCW 3,50,135 for municipal courts or in accordance with state law applicable to a particular
matter. A party, requesting a jury trial shall pay to the Municipal Court a fee which shall be the same
amount as for a jury in district court. If more than one party in the matter requests a jury, the fee
shall be apportionecl, Jurors shall be reimbursed for their costs and mileage pursuant to RCW
3.50.1-2-35 for each day in attendance upon Federal Way Municipal Court in the amounts as
established by the City Council. These fees may be included in the costs that are imposed by the
Court upon a defendant.
2-317. Sentencing. The Municipal Judge shall have the broadest authority and
greatest discretion consistent with the Federal Way City Code and state law with respect to
sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing
jurisdiction after sentencing, and termination of probation, the Municipal Judge shall be guided by
applicable state law, such as RCW 3.50.300 through 3.50.340, and 3.50.440.
2-318. Criminal Process. All criminal process issued by the Municipal Court shall
be in the name of the State of Washington and run throughout the State, and be directed to and
served by the chief of police, marshal, or other police officer of any city or to any sheriff in the
state.
ORD # , PAGE 7
2-319. Complaints. All criminal prosecutions for the violation of a City ordinance
shall be conducted in the name of the City and may be upon the complaint of any person, subject
to the procedures set forth in all applicable ordinances and statutes.
2-320. Pleadings. Practice and Procedure. Pleadings, practice and procedure in cases
not governed by statutes or rules specifically applicable to municipal courts shall, insofar as
applicable, be governed by the statutes and rules now existing or hereafter adopted governing
pleadings, practice and procedure applicable to district courts, particularly the Washington Rules
for Courts of Limited Jurisdiction, and Local Rules of the District Court for King County.
Section 2. 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 3. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 4, This ordinance shall take effect and be in force on November 15, 1999
'~:--'-- ""~' ~ .... -" .... ~-~ -:-~ ~ :-~ ~--~ ....... id d by 1
PASSED by the City Council of the City of Federal Way this day of
., 1999.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ORD # , PAGE 8
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:/ord/municourt.2
ORD # , PAGE 9
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Resolution Authorizing the City Manager to Take Necessary
Administrative Actions for the Formation of the Municipal Court before the
Effective Date of the Ordinance.
CATEGORY:
kCONSENT
'ORDINANCE
BUSINESS
HEARING
FYI
XXRESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
BUDGET 1MPACT:
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Resolution Authorizing the City Manager to Take Necessary Administrative Actions for thc Formation
~.~..f.~.~.~?~!.~.~...c...~...m..~.b.~.~..r.~..*.~.~.~?.t.!~..D.~.a.t.~.~.?..~.~p~ ....................................................................................................................
....
SUMMARY/BACKGROUND: On March 2, 1999, the full City Council voted to forward Ordinance No. 99-218 to
second reading and adoption on March 16, 1999, authorizing the Formation of a Municipal Court. The effective date of
Ordinance No. 99-218 is November 15, 1999.
The attached Resolution authorizing the City Manager to take the necessary administrative actions for the formation of the court is
similar to action taken by the Council when forming the Department of Public Safety. The Resolution specifically does not
authorize the expenditure of funds beyond the adopted budget without Council approval.
CITY COUNCIL COMMITTEE RECOMMENDATION: Implementing Ordinance No. 99-218 by authorizing the City
Manager to take the necessary administrative actions for the formation of the municipal court prior to the effective date of the
Ordinance, and thus no committee recommendation.
CITY MANAGER RECOMMENDATION: Approve attached Resolution.
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 #
1 st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:\agnditem~rnunict.res
RESOLUTION NO.
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ADMINISTRATIVE
ACTIONS FOR THE FORMATION OF THE MUNICIPAL
COURT BEFORE THE EFFECTIVE THE DATE OF THE
ORDINANCE AUTHORIZING THE FORMATION OF A
MUNICIPAL COURT.
WHEREAS, the City of Federal Way is authorized to form a
Municipal Court pursuant to Chapter 3.50 of the Revised Code of
Washington; and
WHEREAS, the City Council adopted the Ordinance on March 16,
1999, Authorizing the Formation of a Municipal Court with the
effective date of November 15,1999; and
WHEREAS, the City Council recognizes that administrative
actions need to occur before November 15, 1999, in order for the
Municipal Court to be formed; and NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. City Manager AuthQrizCd. The City Manager and his
staff are authorized to take the necessary administrative actions
before November 15, 1999, to ensure that the Municipal Court will
be formed and fully operational by January 1, 2000. Said actions
Res. #__, Page #__
shall not incur financial liability beyond the currently adopted
budget without full City Council approval.
Section 2. Ratification. Any act consistent with the
authority and prior to the effective date of this resolution is
hereby ratified and affirmed.
Section 3. Sev~rabili~y. If any section, sentence, clause or
phrase of this resolution should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
Section 4.
~ffectiv¢ Da~¢. This resolution shall be
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this day of , 1999.
CITY OF FEDERAL WAY
MAYOR, Ron Gintz
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
Res. # , Page #
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:~reso~munict.res
Res. # , Page #
MEETING DATE: March 16, 1999 1TEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Diversity Commission Appointment (replacement)
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $ N/A
Expenditure Amt: $ N/A
Contingency Reqd: $ N/A
SUMMARY/BACKGROUND: Michael McIntosh has resigned from the Diversity Commission effectiYe
January 28, 1999. Staffhas spoken with the last remaining alternate, Diana Mamerto Holz, who has
expressed interest in serving as a full commissioner.
CITY COUNCIL COMMITTEE RECOMMENDATION: Appoint Diana Mamerto Holz to complete
the unexpired term of Michael Mclntosh, which runs through May 31, 2000.
CITY MANAGER RECOMMENDATION: Approve Committee recommen~0n
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 #
ISagenda.bil
Item 5A
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, ItUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
From:
Subject:
March 8, 1999
Manag~
Derek Matheson, Assistant to the City " ~'~
Diversity Commission Resignation
Back~ round:
Michael Mclntosh has resigned from the Diversity Commission effective January 28, 1999. Staffhas
spoken with the last remaining alternate, Diana Mamerto Holz, who has expressed interest in serving
as a full commissioner.
Committee Recommendation:
Appoint Diana Mamerto Holz to complete the unexpired term of Michael Mclntosh, which runs
through May 31, 2000.
~o.~mittee/~hair "') ,. ~)m'msitee Member ~_~ ,~e~mmittee Member
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Prelimina...~.. Plat of Ventana, Federal Wa File No: SUB97 0005
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
I:IEARING
FYI
X
· RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $ none
Expenditure Amt: $ none
Contingency Reqd: $ none
ATTACHMENTS: (1) February 24, 1999 City Council/Land Use Transportation Committee memo which includes the
February 22, 1999 Hearing Examiner Report, (2) the January 26, 1999 Staff Report to the Hearing
Examiner with selected exhibits {2 full copies of the staff report with full exhibits are located in Council
..................................................... .o..~)..;.9..).~.g.~..~t.!.o..n...: .............................................................................................................
...........................
SUMMARY~ACKGRO~: The applicant has submitted a request for preliminary plat approval for Ventana, a 28 lot single
family subdivision on 9.91 acres located in the vicinity of SW 304th and 306th Streets at 24th Avenue SW. The Federal Way
Hearing Examiner conducted a public hearing on February 2, 1999. The Examiner's report, which recommends conditional
approval of the preliminary plat, was issued on February 22, 1999. The City Council Land Use/Transportation Committee (LUTC)
reviewed the Hearing Examiner's report and recommer~tion at their March 1, 1999 meeting, and voted to forward the project to
the full City Council.
CITY COUNCIL COMMITTEE RECOMMEN1)ATION: Forward the Hearing Examiner's report and
~r...~...~"..a.~.t.i..°.d..°.~!~..c.!E~.c...°.~.c.!!.~.~E~.r.~..w...~z~.F.!I~E.°.L.s.~..9.7~9.9~.e~!~.~e~E.e~.~: ...............................
CITY MANAGER RECOMMENDATION: Forward the Hearing Examiner's rei~'t and~ rgcorn~aendation to the full
....C..!~..C...o....u~..cil, Federal W.a..y. File No: SUB97-0005, Erelimin_apd. plat of Ventana.
APPROVED FOR INCLUSION IN COUNCIL PACKET:
(BELOW TO BE COMPLETED BY CI~ CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-5/I 4/96
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
TO:
FR:
RE:
DT:
City Council Land Use and Transportation CommiRee
Stephen irector of Community Development Services
Preliminary~lat of Yentana
Federal Way File No: #SUB97-0005
February 24, 1999
SUMMARY OF APPLICATION
The applicant requests preliminary plat approval of a twenty-eight (28) lot single family
residential subdivision as provided for under Federal Way City Code ¢FWCC) Chapter 20,
Subdivisions, subject to City Council approval.
REASON FOR COUNCIL ACTION
Pursuant to FWCC Section 20-127(a), the City Council issues a final decision at a public
meeting after review of the Hearing E,5. aminer's recommendation. Consistent with how
land use matters are currently processed by the City, preliminary plat applications are
brought to City Council Land Use and Transportation Committee for review and
recommendation prior to review by the full Council.
HEARING EXAMINER'S RECOMMENDATION
On February 22, 1999, the Federal Way Hearing Examiner issued a recommendation
(attached) to approve the proposed preliminary plat subject to the following conditions:
Because the plat proposes to redirect surface water runoff from the northeast basin
into the western ba.qiu (the net result of which is an increase in the areal size of the
plat's westernmost drainage basin, as required by the Public Works Director), and
prior to constructing the plat improvements, the conveyance system downstream
of this basin shall be analyzed in sufficient detail to insure that the increased
volume of water discharged from this basin can be accommodated. A level three
downstream analysis shall be performed from the plat to Puget Sound for
engineering plan review. Additional hydrologic/hydraulic analysis shall be required
if the level three analysis is not sufficient to determine all drainage problems.
Proliminary Plat of Ventana, LUTC Memorandum
Pago 2
The downstream capacity of the new drainage conveyance for the Southwest basin
between the project site and Puget Sound has to be adequate. The capacity of this
conveyance needs to be fully analyzed using the design standard outlined in the
King County Surface Water Design manual. The analysis will be reviewed in the
engineering review p~. Any defidency of the conveyance has to be addressed
before engineering approval of the project. Depending upon the result of the
analysis and the historical observation record, the mitigation effort may involve
substantial improvement of the conveyance system downstream. The bonds and
liability requirement, including drainage facilities restoration and site stabilization
bond and the maintenance defect, shall be applied to all downstream improvements
constructed by the developer.
The applicant shall be required to construct ali improvements necessary to mitigate
all identified conveyance problems, whether existing or resulting 'from the plat's
development, as identified during engineering plan review, as required by the
Public Works Director. Engineering approval shall not be granted if it is
determined that proposed mitigation is not adequate to address the impacts of the
project.
o
t
All plat drainage elements shall be required to conform to the standards, policies,
and practices of the City of Federal Way's Surface Water Management Division
as outlined in the adopted '1990 King County Surface Water Design Manual,' the
"~ty of Federal Way Comprehensive Surface Water Management Plan - Phase I,'
the UComprehensive Surface Water Management Plan,N and the 'Stormwater System
Operation and Maintenance Manual," and as modified by the Public Works
Director.
o
Retention/detention facilities used to control runoff from the site to off-site
drainage courses shall be located in a detention tract dedicated to the city at the
time of final plat approval, unless located within improved public fights-of-way.
Vegetative screening of the facilities shall be provided.
o
The f'mal plat drawing shall establish the open space in an open space tract to be
owned in common and maintained by property owners of the proposed subdivision
(or owned by an incorporated homeowner's association and maintained by the
association), and prohibiting removal or disturbance of landscaping within the
tract, except as necessary for maintenance or replacement of existing plantings and
as approved by the city. Additional vegetation may be located in open space(s) and
Native Growth Protection Easement (NGPE) tracts to meet the MDNS conditions
as approved by the city.
5. Prior to issuance of construction permits, a landscape plan, prepared by a licensed
Preliminary Plat of Ventana, LUTC Memorandum
Page 3
landscape architect, shall be submitted to the city for approval, and shall include
the following elements:
a) Open space landscaping;
b) Street trees in planter strips inside plat boundaries;
c) Tree conservation and significant tree replacement; and
d)
Visual screening of all property boundaries of the detention tract from
adjacent properties and the right-of-my with landscaping and/or fencing.
Cyclone fencing, if used, shall be painted, black or green, and shall be
surrounded by vegetation.
o
Retaining walls and rockery design shall be harmonious with existing adjoining
residential uses, and shall promote residential design themes through such means
as terracing, ofientaton, natural material selection, use of vegetation, and textural
treatment.
o
The applicant must develop written procedures to inform personnel working on the
site (1) to be on the alert to the possibility that (a) archaeological remains could be
exposed during construction, and (b) evidence of the remains can include
concentrations of organic material, shell, fire modified rock, burned or oxidized
sediments, bone or lithic, and (2) that should remains be exposed, personnel must
follow specific procedures to notify the Washington State Department of
Archaeology and Historic Preservation, the City of Federal Way, and an
archaeologist. The written procedures shall be reviewed and approved by the city
prior to beginning construction.
o
To provide a safe route of travel for school children, the applicant shall install a
pedestrian corridor from the subject site, east along the southern side of SW 304th
Street to Adelaide Elementary School, subject to review and approval by the Public
Works Director. The pathway shall generally be 8-feet wide, but may be narrowed
down to 5-foot Wide in places as necessary to avoid construction conflicts with
existing improvements along the route.
o
According to the Plat of ViewCliff No. 2, the temporary turn-around located at the
southern portion of Viewcliff No. 2 is to become void on the extension of 25th
Avenue SW. The applicant will be responsible for preparation and submittal of any-
documents necessary to accomplish the voiding of the existing 25th Avenue SW
cul-de-sac at the direction of the city.
Preliminary Plat of Ventana, LUTC Memorandum
Page 4
10. The applicant shall provide a copy of the final storm drainage plans to Dean
Condos for review and comment prior to final approval by the City.
IV. PROCEDIJRAL SLIMMARY
November 14, 1997 Notice of Application issued.
March 28, 1998 Second Notice of Application issued.
October 16, 1998 Environmental determination issued.
January 15, 1999 Notice of Public Hearing issued. '
February 2, 1999 Heating Examiner public hearing.
February 22, 1999 Hearing Examiner recommendation issued.
March 1, 1999 City Council Land Use and Transportation Committee meeting.
March 16, 1999 City Council meeting.
V. DECISIONAL CRITERIA
The Hearing Examiner may recommend approval of the preliminary plat to the City
Council if the following decisional criteria of FWCC Section 20-126(c) are met.
1. It is consistent with the Federal Way Comprehensive Plan;
2. It is consistent with all applicable provisions of the Federal Way City Code,
including those adopted by reference from the Comprehensive Plan; and
3. It is consistent with the public health, safety, and welfare.
4. It is consistent with design criteria listed in FWCC Section 20-2
5. It is consistent with the development standards listed in FWCC section 20-
151through 20-157 and FWCC Section 20-178 through 20-187.
Findings on how the application is consistent with these decisional criteria are contained
on page 11, item 21 of the Heating Examiner's recommendation.
Preliminary Plat of Ventana, LUTC Memorandtm~
Page 5
VI. COUNCIL ACTION
The Federal Way City Council's review of the application is limited to the record of the
hearing before the Hearing Examiner, oral comments received during the Public Meeting,
(so long as those comments do not raise new issues or information contained in the
examiners record) and the Examiner's written report. The City Council may receive new
information not in the record pursuant to FWCC Section 20-127(b).
A draft resolution recommending approval of the proposed application as recommended
by the Hearing Examiner will be included in the March 15, 1999 City Council agenda
packet. After consideration of the record, the City Council may, by action approved by
a majority of the total membership, take one of the following actions, pursuant to FWCC
Sec. 20-127(c):
1. Adopt the recommendation; or
2. Deny the recommendation; or
3. Adopt their own recommendations; or.
4. Remand the preliminary plat back to the Hearing Examiner.
Attachments:
Hearing Examiner Recommendation dated February 22, 1999, with exhibits, and including the Staff
Report to Hearing Examiner.
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF VENTANA,
FEDERAL WAY FILE NO. SUB-97-0005
WHEREAS, the applicant Wellington Morris Corporation applied to the City of
Federal Way for preliminary plat approval to subdivide certain real property known as "Ventana" and
consisting of 9.91 acres into twenty-eight (28) single family residential lots located between SW
304th and SW 306th Streets, at 24th Avenue SW and 25th Avenue SW, as (if) extended; and
WHEREAS, on October 16, 1998, a Mitigated Determination of Nonsignificance
("MDNS") was issued by the Director of Federal Way's Department of Community Development
Services pursuant to the State Environmental Policy Act, RCW 43.21C, and no one appealed the
MDNS; and
WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on
February 2, 1999 concerning the preliminary plat of Ventana; and
WHEREAS, following the conclusion of said hearing, on February 22, 1999, the
Federal Way Land Use Hearing Examiner issued a written Recommendation containing findings,
conclusions and conditions and recommending approval of the preliminary plat of Ventana; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to
pursuant to Section 20-127 of the Federal Way City Code approve, deny or modify a preliminary plat
and/or its conditions; and
Res. #__. Page 1
WHEREAS, on March 16,1999 the City Council considered the written record and
the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW and all other applicable City Codes;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings of Facts and Conclusions. The February 22, 1999
Recommendation of the Federal Way Land Use Heating Examiner, attached hereto as Exhibit A and
incorporated by this reference, and containing the Hearing Exanfiner's findings, conclusions and
recommendation that the City Council approve the preliminary plat of Ventana subject to certain
conditions, is hereby adopted as the findings and conclusions of the Federal Way City Council. Any
finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such.
$~;tion 2. Application Approval. Based upon the Recommendation of the Federal
Way Land Use Hearing Examiner and the findings, conditions and conclusions contained therein, as
adopted by reference by the City Council immediately above, the preliminary plat of Ventana, Federal
Way File No. SUB-97-0005, is hereby approved subject to the conditions contained in the February
22, 1999 Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A), and subject
to the mitigating measures set forth in the Mitigated Determination of Nonsignificance.
Section 3. Conditions of Approval Integral. The conditions of approval of the
preliminary plat are all integral to each other with respect to the City Council finding that public use
and interest will be served by the platting or subdivision of the subject property. Should any court
having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event,
the proposed preliminary plat approval granted in this resolution shall be deemed void, and the
Res. #__~ Page 2
preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the
impacts of the invalidation of any condition or conditions and conduct such additional proceedings
as are necessary to assure that the proposed plat makes appropriate provisions for the public health,
safety and general welfare and other factors as required by RCW Chapter 5 8.17 and applicable City
ordinances, rules and regulations and forward such recommendation to the City Council for further
action.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of comp&ent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of the resolution is hereby ratified and affirmed.
Section 6, Effective Date. This resolution shall be effective immediately upon passage
by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, THIS __ DAY OF , 1999
CITY OF FEDERAL WAY
ATTEST:
MAYOR, R0N GINTZ
Res. # , Page 3
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
k:\ed\ordina\ventana.res
Res. # , Page 4
CITY OF~~____~
(253) 661-4000
FEDERAL WAY. WA 98003-6210
February 22, 1999
Wellington Morris Corporation
Greg Sahar, Vice President
10335 Main Street, Suite 8
Bellevue, WA 98004
RE: VENT~NA PRELIMINARY PLAT. FW~E# 99r02
Dear Applicant:
Enclosed please find the Report and Decision relating to the above-
entitled case.
STEPHEN K. CAUSSEAD-X, JR.
HEARING EXAMINER
SKC/ca
cc: All parties of record
City of Federal Way
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
VENTANA PRELIMINARY PLAT
)
)
)
)
)
)
FVVHE# 99-02
SUB97-0005
Preliminary plat approval of a 28 lot single family residential subdivision as provided
for under Federal Way City Code (FVVCC) Chapter 20, Subdivisions; and requiring
approval pursuant to FVVCC Section 20-110.
II.
Hearing Date:
Decision Date:
PROCEDURAL INFORMATION
February 2, 1999
February 22, 1999
At the hearing the following presented testimony and evidence:
1.
2.
3.
o
5.
6.
7.
8.
9.
10.
Deb Barker, City Associate Planner, City of Federal Way
Bob Sterbank, Deputy City Attorney, City of Federal Way
David Halinen, Attorney at Law, on behalf of applicant, Bellevue
Place/Seafirst Building, 10500 NE 8"~, Suite 1900, Bellevue, WA 98004
Dean Condos, 30444 28"' Ave. SW, Federal Way, WA 98023
Dianne Ray, 2405 SW 301't Place, Federal Way, WA 98023
Patricia Clark, 30255 25t~ Ave. SW, Federal Way, WA 98023
Sean Redmond, 30423 23rd Ave. SW, Federal Way, WA 98023
Robert Collins, 30235 25t~ Ave. SW, Federal Way, WA 98023
Kent Nelson, 30206 25"' Ave. SW, Federal Way, WA 98023
Chris Castrow, 2324 STM 300~ St., Federal Way, WA 98023
I. SUMMARY OF APPLICATION
11.
12.
13.
Raymond Miller, 3827 38t~ Ave. SW, Federal Way, WA 98023
Richard Perez, Public Works, City of Federal Way
Jeff Pratt, Surface Water Manager, City of Federal Way
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
7.
Staff Report with all attachments
Letter dated January 31, 1999, from Chris Carrel
Memorandum dated February 2, 1999, from Da,vid Halinen
Rockery Section
Submittal from Dianne L. Ray dated February 2, 1999
Submittal from Patricia Clark dated February 2, 1999
Letter to Examiner from Robed F. Jones, Diane Ray, and Dale Kure dated
January 18, 1999
II1. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
The applicant has a possessory ownership interest in a rectangular, 9.91 acre
parcel of unimproved property located in the northwest portion of the City of
Federal Way near Poverty Bay Park. The applicant is requesting preliminary plat
approval to subdivide the site into 28 single-family residential lots with a
minimum lot size of 9,600 square feet and an average lot size of 11,582 square
2
feet and a density of 2.8 dwelling units per acre. The north property line of the
parcel abuts the View Cliff single-family residential subdivision; the east property
line abuts the Adelaide Park single-family subdivision; the south property line
'abuts the Lakota Highlands single-family subdivision; and the west property line
abuts unplatted parcels improved with single-family dwellings.
A review of the preliminary plat reveals that access is provided at the northeast
corner of the site from 304~ Street S.W. onto 24~ Avenue S.VV. which currently
extends north into the View Cliff subdivision and which will be extended south to
connect with 24~' Avenue S.W. in the Lakota Highlands subdivision. 25~ Avenue
S.W. currently dead-ends at the south end of the Viev~ Cliff No. 2 subdivision but
will be connected to a Ventana plat road which will extend south and east to
connect with 24t~ Avenue S.W. A 26,358 square foot storm drainage detention
pond is located at the northwest comer of the plat, and 10,954 square feet of
open space are provided along the slopes at the west property line. Because of
topographic differences, the applicant must install a retaining wall of up to eight
feet in height, one foot from the six residential lots of the Adelaide Park
subdivision which abut the east property line.
A visit to the site establishes that the parcel has significant topographic
differences and is heavily vegetated with second growth timber and dense
understory. Access to the site is provided from S.W. Dash Point Road via either
21st Avenue, 16~ Avenue, or 12~ Avenue to 304u~ Street which presently
terminates at the plat boundary. Future plat residents will likely travel from the
plat via 306t~ Place onto 21st Avenue which provides a connection with S.W.
312~ Street and Dash Point Rd., both of which provide access to SR-99. 304~
Street appears substandard for virtually it's entire length as do internal roads in
the View Cliff subdivision. Adelaide Elementary School, located on the
southeast corner of the intersection of 16u~ Avenue and 304~ Street, is within
walking distance of the plat. The site is also a short distance from Lakota Junior
High School located southeast of the intersection of 312~ Street and Dash Point
Road. The proposed subdivision should complement abutting and nearby
development which consists of attractive, well-maintained, single family homes.
Section 22-1568 of the Federal Way City Code (FWCC) defines a significant tree
as one in good health which has a diameter of 12 inches or a circumference of
37 inches measured 4 ¼ feet above ground. The preliminary tree preservation
and removal plan identified 239 significant trees o.n the site, 210 of which are
located in future rights-of-way, utility easements, and building pads and must be
removed. Most of the significant trees are located on the western half of the site,
and most of the 29 retained trees are located either along the north property line
adjacent to View Cliff or in the southwest comer above 26"' Avenue S.W.
Conditions of approval and mitigating measures in the Mitigated Determination of
Nonsignificance (MDNS) require the applicant to replant the site with two, six foot
high, Douglas or grand fir trees on each building lot or within open space areas.
Furthermore, the applicant must plant 66 street trees along both sides of internal
plat roads including the extension of 25"' Avenue into the View Point subdivision.
Because of the topography, the applicant has requested the City to approve
mass grading which will allow on-site material to be used as fill for Iow areas and
eliminate the necessity of removing and replacing material which would require
6,000 to 8,000 truck trips. This number of truck trips would impact local
subdivision streets and could create a safety hazard due to pavement width and
sight distance problems. If mass grading is approved by City staff, all excavated
material can be used on-site and no import fill will be required. While tree
removal and mass grading will temporarily create a most unattractive
appearance, construction of attractive single-family homes and the planting of
street trees and fir trees and the landscaping of yards will soon render the site
compatible with abutting subdivisions.
Concerns were raised by residents of the area regarding the possibility of eagles,
goshawks, owls, pileated woodpeckers, and ensatina salamanders on the site.
Terra Associates, Inc., conducted several wildlife assessments in response to
said concerns and submitted reports dated June 26, 1997, March 19, 1998, and
November 23, 1998 (Exhibit Q to the staff report). These reports establish that
the nearest eagle nest is located more than 2,000 feet north of the parcel
adjacent to Puget Sound. The Washington Department of Fish and Wildlife
generally prohibits development within 330.feet of a nest, restricts development
within 660 feet of a nest, and requires preservation of perch trees within 200 feet
of the shoreline. While some large trees on the site could be used for occasional
perching, because the eagle nest is more than 2,000 feet away and because the
eagle activity is concentrated along the shoreline, development of the site will
have no adverse impact on the pair of bald eagles nesting on Poverty Bay.
Goshawks are only rarely observed in the Puget Sound region, almost always in
the forested areas of the Cascade mountains in eastern King County.
Goshawks are often confused with Cooper's hawks which are rather common in
the Puget Sound area, and no evidence of nests were observed on the site.
Great horned owls may roost or perch on the site, however since this species is
3.0.
13_.
very adaptable and relatively tolerant of human activities, development of the site
will create no significant adverse impact on the owls. Pileated woodpeckers
generally inhabit mature and old growth forests which have large snags and
fallen trees, but are also reported to use open woodlands, parks, and wooded
suburbs in the Puget Sound area. The study identified six snags on the
Yentana site which have been used for foraging by pileated woodpeckers and
one large Douglas fir that has a nest cavity which could have been used by said
woodpeckers. However, the foraging appears relatively old and the 10 acre site
is much too small to support a pair of woodpeckers. The habitat is only of
marginal suitability since the healthy condition of the trees provides a Iow density
of small snags. VVhile ensatina salamanders are found they are not on any state
or federal list of threatened, endangered, or sensitive species. The ensatina is
described by expert publications as "one of the most widespread of species of
salamanders." Development of the site will not adversely affect any species or
habitat of concern.
The applicant will comply with all FWCC infrastructure requirements. Fifty foot
wide rights-of-way will be improved with 28 feet of pavement, vertical curbs,
gutters, sidewalks, and street trees. The intersection of 304th Street and 24"~
Avenue S.VV. will be widened and improved with sidewalks on the west and
south sides. The applicant will also install a raised asphalt sidewalk on the south
side of 304~ Street from the parcel to Adelaide Elementary School. Conditions
also require a retaining wall design along the south property line to promote
residential design themes through terracing and the use of natural material.
Section 20-155 (b) FWCC requires all residential subdivisions to retain 15% of
the gross land area in open space. However, said section also authorizes
applicants to elect a fee in lieu of open space payment to satisfy open space
requirements. Following consideration of the City's overall park plan; and the
quality, location, and service area of the open space, the parks director accepted
the offer of payment in lieu of open space. The payment is based on the most
recent assessed value of the property or a professional appraisal. Thus, the plat
· complies with Section 20-155(b) as the applicant is maintaining 2.5% of the site
as open space and the parks director has agreed to accept a fee in lieu of
payment for 12.5%. Because of the mass grading required to develop the site in
accordance with it's zone classification, the absence of critical areas such as
wetlands, and the large amount of open space within the immediate area to
include Poverty Bay Park and numerous ravines and steep slopes, the parks
director's decision is appropriate. The plat makes appropriate provision for open
3.2.
13.
spaces, parks, and playgrounds.
Significant concerns were raised by downstream property owners to the west
regarding storm drainage control and the increased runoff caused by removal of
the trees and understory and the creation of impervious surfaces. The site is
located within an area of the South Lower Puget Sound Sub-Basin which has
downstream conveyance, flooding, erosion, and habitat problems associated
with storm water runoff. Pinnacle Engineering, Inc., prepared a preliminary
storm drainage report dated October 17, 1997, and revised August 14, 1998
(Exhibit I to the staff report.) The report proposes mitigation as recommended by
the basin plan which requires use of a seven day storm event in sizing' on-site
detention facilities. Pinnacle Engineering, Inc., also performed a Level 2
downstream assessment which identified substandard drainage facilities.
Conditions of approval require that all storm water facilities be designed in
accordance with the 1990 King County Surface Water Design Manual. Pinnacle,
in its efforts to find an established drainage course which will accommodate plat
storm drainage, is attempting to obtain easements across pdvate property. If
successful, such will ensure a discharge route that will not impact downstream
property owners. The Examiner has added a condition which requires the
applicant to provide a copy of the final storm drainage plan to Dean Condos with
opportunity to review and comment prior to it's final approval by the City.
Compliance with the basin plan, the KCSWDM, and the provision of adequate
downstream facilities will ensure that the plat makes appropriate provision for
drainage ways.
The principal objection raised by neighboring property owners is the proposed
connection of 25~ Avenue S.W. between the Ventana and View Cliff
subdivisions. King County approved View Cliff in the mid-1960's many years
before the incorporation of Federal Way and prior to adoption of County road
standards. The View Cliff final plat contains the following note:
Temporary turnaround to become void on extension of 25~h
Avenue S.W.
The final plat also reflects 25"~ Avenue S.W. extending to the 304~ Street right-of-
way. Thus, King County intended that 25"~ Avenue would be extended and that
the temporary cul-de-sac would be eliminated. All property owners within View
Cliff were either aware of the temporary nature of the cul-de-sac or were charged
with it's knowledge since it is a recorded document. However, property owners
3.4.
15.
correctly assert that View Cliff has had no problems with it's internal circulation
for the past 30+ years and strenuously object to the creation of another access
into the subdivision for a number of reasons to include: higher traffic volumes on
inadequate and poorly designed streets; opposition by 97% of the residents of
View Cliff; creation of a high speed traffic corridor; elimination of a basketball
hoop and play area for children at the 25~' Ave. cul-de-sac; creation of unsafe
walking and bicycling conditions; increased crime caused by better access and
more than one way out; and the fact that the extension of 25"' was required by
King County as opposed to the City.
In addition to the temporary cul-de-sac and extension of 25t~ to the south
property line, the final plat of View Cliff No. 2 reflects that the unopened right-of-
way of S.W. 304"' Street abuts the entire south property line of the plat (lots 1
and 18). Thus, when View Cliff No. 2 was approved, King County contemplated
the extension of 25"' Avenue to the south and the extension of 304~ Street to the
north to provide a connection with 25~ Avenue. Since the City has not required
the applicant to either dedicate the additional right-of-way for 304"' Street or to
construct said street, the existing 30 foot wide unopened right-of-way will likely
not be used for road purposes.
A drive through the View Cliff subdivision reveals an attractive, well maintained
neighborhood with streets of substandard width and no curbs, gutters, or
sidewalks, and either narrow or no shoulders. View Cliff is shaped similar to a
chicken "wishbone" with the two prongs being 25t~ Avenue and 24"' Avenue and
the stem extending north from their intersection. To access Ventana through
View Cliff, a driver would travel westbound on S.W. 304~ Street, turn northbound
on 24"' Avenue S.W., travel north for approximately 1,000 feet, make a
horseshoe left turn onto 301st Place which runs to the northwest, make a sharp
left turn onto 25~ Avenue S.W., and then ddve south about 1,000 feet to
Ventana, A much quicker and easier access into Ventana is provided via 21't
Avenue and S.W. 306"' for drivers coming from either the north or the south.
Ventana residents would have no reason to use View Cliff roads unless visiting
someone in View Cliff, or if other accesses were closed. Connecting 25~'
Avenue will likely mean that some residents of View Cliff desiring to travel south
will likely use the Ventana roads as opposed to the present 24~/304~ route.
While 25"~ Avenue will experience more traffic, it will not become the
thoroughfare that residents fear. The View Cliff subdivision contains 54 lots,
most of which will continue to use the 24~/304"' route to Dash Point Road.
'7
17.
Residents have accused City staff of not listening to their desire to keep
Avenue closed. Residents point to the virtual unanimous support for closure as
evidenced by petition signatures. However, City staff and the Examiner must
review policies and standards adopted by the Federal Way City Council in
determining proper access for a new subdivision. Land use decisions are not
made by popular vote, but are determined by whether the project complies with
adopted criteria. Chapter 20 FWCC contains the Federal Way Subdivision
Code. Section 20.2 states that the purpose of said chapter is to implement the
Comprehensive Plan; promote the health, safety, and general welfare; promote
safe and convenient travel by the public on streets and highways through the
proper planning and coordination of new streets within,a subdivision with existing
and planned streets in the surrounding community; provide for proper ingress
and egress; and promote the effective use of land by preventing overcrowding or
scattered development which would adversely impact the transportation system.
Thus, the City Council has determined that in approving new subdivisions, City
staff must plan and coordinate "new streets within a subdivision with existing and
planned streets in the surrounding community." City staff has done so by
requiring a road connection contemplated for many years.
Section 20-151 FWCC entitled "Subdivision Design" provides in part as follows:
Subdivisions should be designed so that traffic is distributed in a
logical manner toward a collector street system, to avoid intrusion
and over-burdening of residential streets, and to connect with
planned or existing streets.
c. Cul-de-sac streets should be no longer than 600 feet.
do
Blocks should be no longer than 1,200 feet without an intersecting
connector road.
If 25th is not connected, a cul-de-sac substantially longer than 600 feet will be
maintained. Even with 25th Ave. connected, the distance between its intersection
with 24"' Ave. SW and SW 301't Place is longer than 1,200 feet. Connecting 25t~
will not overburden the existing road even though it is substandard. The only
objective way of determining whether a street is overburdened is to refer to a
recognized traffic engineering publication establishing standards for local streets.
Otherwise, some residents may think that 10 vehicle trips per day overburdens a
street while others may think that 500 vehicle trips per day overburdens a street.
18.
The Federal Way City Council has adopted traffic volume limits for each street
classification. All streets abutting and within the Ventana and View Cliff
subdivisions are classified as local streets, and Table 111-3 of the comprehensive
plan states that local streets can handle a maximum of 1,500 vehicle trips per
day. The Institute of Transportation Engineers Tdp Generation Manual estimates
that each single family residential dwelling will generate ten vehicle trips per day.
Thus, if every vehicle trip from every single family dwelling in both the Ventana
and View Cliff subdivisions use 25"' Ave., such would amount to 820 vehicle trips
per day or 55% of the road's capacity.
Connecting 25~' is also consistent with the land use goals and policies of the
Federal Way Comprehensive Plan as follows:
ao
Land Use Goal 3 and Land Use Policy (LUP) 14 encourage the
preservation and protection of Federal Way single family neighborhoods
through strict enforcement of the City's land use regulations. Such
includes the requirements of the subdivision code set forth above.
Furthermore, smaller street grids are encouraged to disperse vehicular
traffic so that no residential streets are overburdened and walking
distances are shortened, which in turn reduces vehicular use. LUP 17
encourages the development of transportation routes to single family
neighborhoods which re-enforces the concept of multiple routes between
destinations. The transportation goals and policies of the comprehensive
plan encourage the protection of neighborhoods from traffic impacts. As
previously found, connection of 25~ with the Ventana street network will
add little, if any, traffic to the streets within View Cliff. The connection will
provide an alternative vehicle and pedestrian route for residents of View
Cliff travelling to the south.
b. Transportation Goal 2 and TP 20 state as follows:
Transportation Goal 2: Provide a safe, efficient, and economic
street system with sufficient capacity to move people, goods, and
services at an appropriate level of service. The City shall adopt
policies for the construction, reconstruction, maintenance, and
preservation of new and existing facilities such as gravel and
substandard streets.
TP 20: Take advantage of opportunities to open new road
19.
20.
connections to create route alternatives, especially in areas with
few access choices.
Opening 25"` Ave. specifically complies with the above goal and policy as
it creates a second alternative route into View Cliff which consists of 54
lots served by only one access.
TP21 states as follows:
Enhance traffic circulation and access with closer spacing of
through streets as follows: ,
Arterial streets at least every 1,200 feet in single family
zones and every 600 feet in non-single family zones.
Collector streets every 600 feet in single family zones and
every 600 feet in non-single family zones.
Implementing TP 21 would require extending 304"` St. to 25"' Ave., but City staff
has elected not to do so. However, based upon the adopted comprehensive plan
policies and subdivision code criteria, City staff has correctly required the
extension of 25"` Ave. Following the desires of residents would directly contradict
the adopted standards, plans, and policies of the City Council. Furthermore,
maintaining 25"` a dead-end road would not further the health, safety, and
welfare as it creates problems not only for emergency vehicle providers, but also
delivery trucks, garbage trucks, mail service, etc., which must now backtrack for
significant distances due to the road layout. The plat makes appropriate
provisions for streets, roads, alleys, and other public ways.
Lake Haven Utility District will provide both potable water and fire flow to the site
and sanitary sewer service to each lot. The Federal Way Fire Department has a
fire station within a reasonable response time. The plat makes appropriate
provision for water supplies, sanitary waste, and fire protection.
The applicant must comply with the Federal Way School Impact Fee Ordinance
and make a payment of $2,882 per single family housing unit at the time of
building permit issuance. As previously found, the applicant is providing safe
walking conditions for students by providing sidewalks on both sides of internal
plat roads and on the south side of 304"` St. E. to Adelaide Elementary School.
l0
21.
22.
While concerns were raised regarding ovemrowded conditions at the schools,
our Court of Appeals has addressed this issue in the case of Kenart and
Associates v. Skaqit County, 37 Wn. App 295 (1984) as follows:
School capacity is always a legitimate concem, but, taken alone any
development could be halted solely on this ground. If no solution exists,
then perhaps no further development is appropriate, but the mere fact that
more houses mean more children and more children mean greater school
capacity is needed, is not the end of the inquiry. 37 Wn. App 295 at 302.
The City Council has adopted a School Impact Fee Ordinance to address
overcrowding, and taxes generated by the subdivision will also support the public
schools. The plat makes appropriate provision for schools and school grounds
and safe walking conditions for students.
Section 20-126 FWCC requires the Examiner to issue a wdtten recommendation
of approval or disapproval of the subdivision to the City Council. Section 20-
126(c) sets forth the decision criteria used by the Examiner in reviewing the
preliminary plat. Findings on each criteria are hereby made as follows:
Ao
As previously found, the proposed plat is consistent with the Federal Way
Comprehensive Plan.
Bo
As previously found, the preliminary plat is consistent with applicable
provisions of the subdivision code.
The preliminary plat is consistent with the public health, safety, and
welfare assuming that the applicant complies with applicable development
codes and regulations.
Do
As previously found, the preliminary plat satisfies the design criteria set
forth in Section 20-2 FWCC as well as the criteria set forth in RCW
58.17.110.
The preliminary plat is consistent with the development standards set forth
in Sections 20-151 through 20-157 and 20-178 through 20-187 FWCC.
Concerns were raised by one or more property owners abutting the east side of
the parcel regarding the proposed retaining wall. The applicant submitted a
11
23.
proposal for a rock retaining wall and requested the Examiner's approval.
However, neither City staff nor residents had had an opportunity to review the
proposal and the Examiner will not approve it, but will impose the City's
recommended Condition 6. In doing so, the Examiner is not finding that said wall
is not appropriate or not a good design, but only that it should be further
reviewed prior to approval.
The Examiner has modified conditions of approval as agreed to between the
applicant and the City, but has declined to adopt the modifications requested for
the drainage condition. The Examiner agrees that since the applicant is
proposing the preliminary plat, it is responsible for rem,edying downstream
conveyance problems.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
o
The proposed preliminary plat of Ventana is consistent with the goals and
policies of the Federal Way Comprehensive Plan and satisfies all criteria of the
Federal Way Subdivision Code and zoning regulations.
The proposed preliminary plat makes appropriate provision for the public health,
safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other
public ways, water supplies, sanitary waste, fire protection, parks, playgrounds,
sites for schools and school grounds, and safe walking conditions for students.
o
The proposed preliminary plat satisfies all criteria set forth in Sections 20-126(c),
20-151 through 20-157, and 20-178 through 20-187 FWCC.
o
The proposed preliminary plat will serve the public use and interest by providing
an attractive location for a single family residential subdivision consistent with
existing development in the area, and therefore should be approved subject to
the following conditions:
Because the plat proposes to redirect surface water runoff from the
12
northeast basin into the western basin (the net result of which is an
increase in the real size of the plat's westernmost drainage basin, as
required by the Public Works Director), and prior to constructing the plat
improvements, the conveyance system downstream of this basin shall be
analyzed in sufficient detail to insure that the increased volume of water
discharged from this basin can be accommodated. A level three
downstream analysis shall be performed from the plat to Puget Sound for
engineering plan review. Additional hydrologic/hydraulic analysis shall be
required if the level three analysis is not sufficient to determine all
drainage problems.
The downstream capacity of the new drainage conveyance for the
Southwest basin between the project site and Puget Sound has to be
adequate. The capacity of this conveyance needs to be fully analyzed
using the design standard outlined in the King County Surface Water
Design Manual. The analysis will be reviewed in the engineering review
process. Any deficiency of the conveyance has to be addressed before
engineering approval of the project. Depending upon the result of the
analysis and the historical observation record, the mitigation effort may
involve substantial improvement of the conveyance system downstream.
The bonds and liability requirement, including drainage facilities
restoration and site stabilization bond and the maintenance defect bond,
shall be applied to all downstream improvements constructed by the
developer.
The applicant shall be required to construct all improvements necessary
to mitigate all identified conveyance problems, whether existing or
resulting from the plat's development, as identified during engineering
plan review, as required by the Public Works Director. Engineering
approval shall not be granted if it is determined that proposed mitigation is
not adequate to address the impacts of the project.
All plat drainage elements shall be required to conform to the standards,
policies, and practices of the City of Federal Way's Surface Water
Management Division as outlined in the adopted "1990 King County
Surface Water Design Manual," the "City of Federal Way Comprehensive
Surface Water Management Plan - Phase I," the "Comprehensive Surface
Water Management Plan," and the "Stormwater System Operation and
Maintenance Manual," and as modified by the Public W/orks Director.
o
o
Retention/detention facilities used to control runoff from the site to off-site
drainage courses shall be located in a detention tract dedicated to the city
at the time of final plat approval, unless located within improved public
rights-of-way. Vegetative screening of the facilities shall be provided.
The final plat drawing shall establish the open space in an open space
tract to be owned in common and maintained by property owners of the
proposed subdivision (or owned by an incorporated homeowners'
association and maintained by the association), and prohibiting removal or
disturbance of landscaping within the tract, except as necessary for
maintenance or replacement of existing planting's and as approved by the
city. Additional vegetation may be located in open space(s) and Native
Growth Protection Easement (NGPE) tracts to meet the MDNS conditions
as approved by the city.
Prior to issuance of construction permits, a landscape plan, prepared by a
licensed landscape architect, shall be submitted to the city for approval,
and shall include the following elements:
a) Open space landscaping;
b) Street trees in planter strips inside plat boundaries;
c) Tree conservation and significant tree replacement; and
d)
Visual screening of all property boundaries of the detention tract
from adjacent properties and the right-of-way with landscaping
and/or fencing. Cyclone fencing, if used, shall be painted black or
green, and shall be surrounded by vegetation.
Retaining walls and rockery design shall be harmonious with existing
adjoining residential uses, and shall promote residential design themes
through such means as terracing, orientation, natural material selection,
. use of vegetation, and textural treatment.
The applicant must develop written procedures to inform personnel
working on the site (1) to be on the alert the possibility that (a)
archaeological remains could be exposed during construction, and (b)
evidence of such remains can include concentrations of org~anic material,
shell, fire modified rock, burned or oxidized sediments, bone or lithic, and
(2) that should remains be exposed, personnel must follow ~'pecific
procedures to notify the Washington State Department of Am::haeology
and Historic Preservation, the City of Federal Way, and an ~archaeologist.
The written procedures shall be reviewed and approved by tthe city prior to
beginning construction.
o
To provide a safe route of travel for school children, the apl~icant shall
install an asphalt-paved pedestrian pathway from the subjec=t site, west
along the southern side of SW 304th Street to ,~,delaide Elen'nentary
,School, subject to review and approval by the Public Works~ [Director. The
pathway shall generally be 8-feet wide, but may be narrowe~l down to a 5-
foot wide in places as necessary to avoid construction conflicts with
existing improvements along the route.
According to the Plat of ViewCliff No. 2, the temporary turn-~round located
at the southem portion of Viewcliff No. 2 is to become void c~n the
extension of 25th Avenue SW. The applicant will be responsiible for
preparation and submittal of any documents necessary to accomplish the
voiding of the existing 25 Avenue SW cul-de-sac at the direction of the
city.
10. The applicant shall provide a copy of the final storm drainag~ plans to
Dean Condos for review and comment prior to final approvat?:by the City.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the i~reliminary plat
of Ventana be approved subject to the conditions contained in th~ conclusions
above and the mitigating measures set forth in the Mitigated De~ermination of
Nonsignificance.
DATEDTHIS 22~'---~~,~~¢--~' /...---
S'~EPfHEN I~. CAUSSEAU ,)~R.
Hearing Examiner
15
TRANSMITTED THIS _(")q,O~~;~ DAY OF February, 1999, to the following:
APPLICANT:
Wellington Mords Corporation
Greg Sahar, Vice President
10335 Main Street, Suite 8
Bellevue, WA 98004
ENGINEER:
Pinnacle Engineering, Inc.
Ray Miller, PE
11100 NE 8"' Street, Suite 355
Bellevue, WA 98004
OWNER:
Roberta and Ernest Gadberry
438 Comstock Place
Seattle, WA 98109
David Halinen
Dean Condos
Keith Dewey
Louise Uhlman
Dianne Ray
Patricia Clark
Sean Redmond
Robert Collins
Kent Nelson
Penny Fullaway
Mike Bollen
Cary Lang Construction
John Norris
10500 NE 8"' St. #1900
30444 28"' Ave. SW
401 SW 152"~ Street
2434 SW 306"' Place
2405 SW 301st Place
30255 25"` Ave. SW
30423 23'd Ave. SW
30235 25"' Ave. SW
30206 25"` Ave. SW
30215 25"` Ave. SW
30432 23'd Ave. SW
34618 11 "' PI. S., Ste. 200
10516 172"~ Ct. SE
Randolph Colton 30168 25"' Ave. SW
City of Federal Way c/o Chris Green 33530 1st Way S.
Bellevue, WA 98004
Federal Way, WA 98023
Burien, WA 98166
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98003
Renton, WA 98059
Federal Way, WA 98023
Federal Way, WA 98003
16
MEETING DATE: March 16, 1999 ITEM# ._.M----~ ( ~
CITY OF FEDERAL WAY
City Council
AGENDA 1TEM
SUBJECT- SW 340th Street at Ho t Road SW Intersection Im rovement Pro'ect
.............................. · . ............................................................. Y. ................................................................... P. ............................
...... ! ........................................................
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Memorandum to the March 1, 1999 meeting of the Land Use and
........................................................ ..T...r..a..?.p..o...a....a..t.!..o...n....C....o....m....m.. ................................................................................
............................................................
SUMMARY/BACKGROUND: Bids were opened for the referenced project on February 24, 1999 (please
see the attached memorandum detailing the bid results).
The lowest responsive, responsible bidder is Transtech Electric, Inc. with a total bid of $250,408.60 for both
Schedules A and B, which is $35,926.61 (or 12.6%) below the Engineer's Estimate. The project is fully funded
and the memorandum attached provides detail on estimated project costs and funding.
Please note that at the March 1, 1999 meeting of the Land Use and Transportation Committee, staff had
requested the members recommend award the project to Transtech Electric, with the caveat that a final
easement for the project would be secured - that easement has now been fully executed by the property owner.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 1, 1999 meeting, the Land Use
and Transportation Committee placed the following recommendation on the next available Council meeting
agenda for approval:
1)
Award the SW 340th Street at Hoyt Road SW Intersection Improvement Project to Transtech Electric,
Inc., the lowest responsive, responsible bidder, in the amount of $250,408.60, and approve a 10%
construction contingency of $25,040.86, upon staff securing the appropriate easement for the project
(Note: all easements have now been secured);
2) Authorize the City Manager to execute the contract.
". ~,~,~,.ttx
CITY MANAGER RECOMMENDATION: ~~ r ~
........................................................................................................................................................................................
APPROVED FOR INCLUSION IN COUNCIL PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
k:\council\agdbills\ 1999hhoytawd.wpd
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF~
DATE:
TO:
FROM:
SUBJECT:
February 24, 1999
Phil Watkins, Chair
Land Use/Transportation Committee
Ken Miller, Street Systems Manager/
Al Emter, Street Systems Project Engineer
SW 340th Street at Hoyt Road SW Intersection Improvement Project
BACKGROUND
Six (6) bids were received and opened on February 24, 1999 at 10:10 a.m. for the SW340th Street at Hoyt Road SW
Intersection Improvement Project. The bids for the new traffic signal and turn lanes (Schedule A) and the signal
interconnect to 35th Avenue SW (Schedule B) are as follows:
Transtech Electric, Inc.
Signal Electric, Inc.
Amaya Electric
Totem Electric of Tacoma, Inc.
Tucci & Sons, Inc.
Woodworth & Company, Inc.
Schedule A Schedule B Total
$237,883.60 $13,025.00 $250,408.60
$267,180.00 $13,200.00 $280,380.00
$267,004.00 $16,547.00 $283,551.00
$273,994.94 $15,000.00 $288,994.94
$287,787.18 $18,300.00 $306,087.18
$294,867.10 $13,500.00 $308,367.10
Engineer's Estimate
$26~441.21 $25,894.00 $286,335.21
The lowest responsive, responsible bidder is Transtech Electric, Inc. with a total bid of $250,408.60 for both
Schedules A and B, which is $35,926.61, or 12.6% below Engineer's Estimate.
AVAILABLE FUNDING
The available funding for the SW 340th Street at Hoyt Road Intersection Improvement Project is $416,000.00, and
is comprised of the following:
Oil Rebate Grant
City of Tacoma Interlocal Agreement
Mitigation Funds
City Funds
$200,000.00
$ 40,000.00
$ 85,000.00
$ 91,000.00
Total $416,000.00
Phil Watkins, Chair
Land Use/Transportation Committee
Page 2
ESTIMATED EXPENDITURES
The estimated expenditures for this project are comprised of the following:
Design
WSDOT
Low Bid (Transtech Electric, Inc.)
10% Construction Contingency
Construction Administration (10%)
Printing and Advertising
$ 85,343.89
$ 5,OOO.OO
$250,408.6O
$ 25,040.86
$ 25,040.86
$ 1,500.00
Total $392,334.21
The estimated expenditures are $23,665.79 less than the funding available.
Staff is in the final process of obtaining a permanent easement from the property owner at the southeast comer
of the project. The easement will be acquired prior to Council award of the contract, which we anticipate
obtaining within the next two weeks.
.RECOMMENDATION:
Place the following recommendations on the next available Council meeting agenda for approval:
I)
Award the SW 340th Street at Hoyt Road SW Intersection Improvement Project to Transtech Electric,
Inc., the lowest responsive, responsible bidder, in the amount of $250,408.60, and approve a 10%
contingency of $25,040.86, upon staff securing the appropriate easement for the project;
2) Authorize the City Manager to execute the contract.
KM/AE:ae
K:\LUTC\ 1999\HOYTAWD.MEM
MEETING DATE: March 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FY1
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Memorandum dated 2/24/99 to the March 1, 1999 meeting of the Land Use and
........................................................ ............................................................................................................................................
SUMMARY/BACKGROUND: The project has been completed by the contractor, Pivetta Brothers
Construction, Inc., and they have requested release of retainage. Prior to this release, the City Council must
accept the work as complete to meet the requirements of both the State Department of Revenue and the State
Department of Labor & Industries.
The project was completed at a final cost of$1,326,498.60 - below the approved construction contract budget
by $245,816.77. More detail on final construction costs are outlined in the attached memorandum.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 1, 1999 meeting, the Land Use
and Transportation Committee placed the following recommendation on the March 16, 1999 Council consent
agenda:
1)
Accept the SeaTac Phase I (Belmor) Project by Pivetta Brothers Construction, Inc., in the amount of
$1,326,498.60 as complete.
CITY MANAGER RECOMMENDATION: ~ ~¥~,~,~2r~, w-,, __,~ ~;.~c~_r~ . - .........
....................................................................................................................................................................... ...............................
.............
APPROVED FOR INCLUSION IN COUNCIL PACKET:(~¢
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
k:\council\agdbills\ 1999\belmorac.wpd
COUNCIL BILL it
1st Reading
Enactment Reading
ORDINANCE it
RESOLUTION it
CITY OF ~
DA TE:
TO:
FROM:
SUBJECT:
February 24, 1999
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Surface Water Manager~<'~,'~
'4'\
SeaTac Phase I (Belmor)- Final Project Acceptance
Background:
The referenced project has been completed and the contractor is now requesting release of the
reta~nage associated wire the prOJect. Prior to release of retainage on a Public Works project, the
City Council must accept the work as complete to meet State Department of Revenue and State
Department of Labor and Industries reqmrements.
Attached please find the July 1, 1998 memo to the Land Use/Transportation Committee entitled
SeaTac Phase I (Belmor) RFB98-107 "Rebid" - Authority to Award Bid. This memo was
presented to the committee as part of a request for permission to award the referenced project.
The low project construction bid was $1,429,377.61 from Pivetta Brothers Construction, Inc.
Add to this a Committee approved 10% construction contingency in the amount of $142,937.76
and you arrive at a total approved construction contract budget of $1,572.315.37.
The final construction cost for the SeaTac Phase I (Belmor) project is $1,326,498.60 -
$245,816.77 below the approved construction contract budget of $1,572,315.37. A summary of
the ending project balance follows:
Project Costs:
Project Design
$ 195,900.00
Property acquisition
$ 47,000.00
Project Construction
Construction Cost (Pivetta Brothers Cons Inc.)
Construction Management
$ 1,326,498.60
$ 214,700.00
Total Project Cost: $1,784,098.60
Council Authorized Budget:
Ending Project Balance;
$2,029,915.37
Recommendation:
Staff recommends that the following item be placed on the March 16, 1999 Council Consent
Agenda for approval:
Final acceptance of the completed SeaTac Phase I (Belmor) Project, constructed by
Pivetta Brothers Construction. Inc.
K: ,,LUTC\ 1999',B ELMORAC.WPD
MEETING DATE: March 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
CONSENT
ORDINANCE
BUSINESS
~x_HEARING
FYI
X
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: February 24, 1999 Memorandum to the March I, 1999 meeting of the Land Use and
........................................................ ...........................
SUMMARY/BACKGROUND: Mr. John Leskovar, owner of property at the intersection ofSW 307th Street
and 16th Avenue SW, has requested the City release an easement in which a Retention/Detention (R/D) Pond
had been located. His request is based on the fact that the R/D Pond has been filled in and "retired" in
accordance with the criteria outlined on the attached memorandum. The downstream conveyance system has
been analyzed and has sufficient conveyance capacity. Supplemental water quality will be accomplished in
a small drainage tract downstream via enhanced infiltration.
Although it is not clear that the easement belongs to the City (it was not specifically dedicated on the record
plat), the City Attorney's office has suggested that the City can release, or vacate, any implied rights that it
potentially has in the property and thereby avoid extended legal research associated with establishing easement
ownership. Because the easement has no value to the City and because the easement would have been acquired
at no cost to the City (via record plat dedication), staff recommends that no compensation be required of the
property owner.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 1, 1999 meeting, the Land Use
and Transportation Committee forwarded the following to the City Council with the recommendation to
approve:
1 ) Authorize preparation of a Resolution for Council's consideration and provide that the Council meeting
serve as the required Public Hearing;
........................................................................................................................ · ~3~C.~.~.~.~:....~.~.~:;.~~r~-k~.~x .............................
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
k:\council\agdbills\ 1999\leskovar.wpd
COUNCIL BILL It
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION It
CITY OF ~
DA TE:
TO:
FROM:
SUBJECT:
February 24, 1999
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Surface Water Manager/~i
Drainage Easement Release - Leskovar
BACKGROUND
During the mid 1980's King County's division of Building and Land Development initiated a
comprehensive study of some of their existing storm water retention/detention (R/D) facility
inventory. The R/D facilities of concern in the study were facilities designed and constructed
prior to the late 1970's. These facilities were designed to a standard much lower than later
standards and were not required to be dedicated to public use as was the case later in time. The
goal of this study was to determine the condition, sams, and future disposition of these older R/D
facilities, i.e., should they be taken into the public domain for operation and maintenance, should
they be retrofit for another purpose such as water quality, or in some cases should they simply be
abandoned.
It was determined that many of the R/D facilities studied had little or no value in the control of
stormwater runoff. In fact, many of the R/D facilities posed safety hazards, were an aesthetic
problem, and generated citizen complaints. In these cases, it was suggested that the R/D facilities
be "retired", i.e., bypassed and filled. In addition to the three aforementioned criteria for
retirement the City has two more - ponds can only be retired after it is demonstrated that there will
be no impact to downstream conveyance systems and that there is no other benefit, e.g., water
quality, to be obtained from them.
One R/D facility on the "retirement" list has been bypassed and filled by SWM and lies within
a drainage easement which encumbers property owned by John Leskovar at the intersection of SW
307th Street and 16th Avenue SW. The downstream conveyance system has been analyzed and
has sufficient conveyance capacity. Supplemental water quality will be accomplished in a small
drainage tract downstream via enhanced infiltration.
The attached graphic depicts the location and size of the easement. Mr. Leskovar has requested
that the City release the easement as the R/D facility within it has been retired. It is not clear that
the easement belongs to City - it was not specifically dedicated on the record plat. However, the
City Attorney's office suggests that the city can release (vacate) any implied rights that it
potentially has in the property and thereby avoid extended legal research associated with
establishing easement ownership.
Although a state statute (RCW 35.94.040) provides that any surplus lands, property or equipment
originally acquired for public utility purposes may be sold or conveyed, a public hearing and
adoption of a resolution by the legislative body is required. Staff suggests that Council hold a
public hearing and adopt a resolution authorizing the City Manager to release this easement. As
it is not clear that the easement belongs to the city and the property no longer has value to the city
for storm drainage purposes, staff suggests that no compensation be required of the property
owner for the release.
RECOMMENDATION
Staff recommends that the Committee forward this matter to the Council for their consideration
with a recommendation of approval of the easement release at no cost to the property owner. To
accomplish this staff recommends that the committee authorize the preparation of a resolution for
Council consideration and that the Council meeting serve as the required public hearing.
JP:kcm
Atlachment
CC: PROJECT FILE
DAY FILE
K:\LUTC\LESKOVAR.MEM
S~M DM$ION
N
SW
507TH
ST
2,665 S.F.
Easement
RESOLUTION NO.
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DECLARING DRAINAGE EASEMENT
SURPLUS AND AUTHORIZING RELEASE OF DRAINAGE
EASEMENT.
WHEREAS, RCW 35A.80.010 permits the City of Federal Way to protect and
operate utility services as authorized by law, including RCW 35.94; and
WHEREAS, RCW 35.94.040 and 35.67.010 permit the Federal Way City Council
to determine that any land, property or equipment originally acquired for public utility (including
storm drainage) purposes is surplus to the City's needs and is not required for providing continued
public utility service, and to sell or convey such land, property, or equipment after determining the
fair market value, rent, or other terms or conditions for such disposition; and"
WHEREAS,~ohn and' G~raldine Leskovar own property located at 30712 - 16~
Avenue SW, also known as Lot 8 of the Plat of Marine Crest; and
WHEREAS, the Plat of Marine Crest shows a "drainage easement" on the northwest
portion of the Leskovar property, and a surface water detention pond was constructed within the
easement as part of construction of the plat; and
WHEREAS, the Surface Water Management Division of the City of Federal Way
Public Works Department ("SWM") previously determined, based on criteria originally developed
by King County and supplemented by SWM, that the pond on the Leskovar property posed safety
Res. # , Page 1
and aesthetic problems, generated citizen complaints, provided no water quality or other benefits,
and that removal of it would have no impact on any downstream conveyance systems; and
WHEREAS, SWM therefore rerouted drainage within the Plat of Marine Crest to
bypass the pond on the Leskovar property, and then filled the pond; and
WHEREAS, the Leskovars have requested that the City Council determine that the
drainage easement is surplus and has no value to the City, and that the Council authorize the City
Manager to release any interest the City may have in the drainage easement; and
WHEREAS, on March 16, 1999, pursuant to RCW 35.94.080, the City Council held
a public hearing to consider the Leskovars request;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus Property.. To the extent that the drainage easement
located on the north 70 feet o[the west 40feet of Lot 8, Plat of Marine Crest, Vol. 98, Pages 62-63
of Plats recorded in King County, Washington was acquired by the City of Federal Way for public
utility purposes, said drainage easement is hereby declared to be surplus to the City of Federal
Way's needs and not required for providing continued public utility services, because other drainage
facilities installed in the plat and/or located nearby provide all drainage functions needed for
drainage from the Plat of Marine Crest and, because of its small size and location, the drainage
easement on Lot 8 of the Plat of Marine Crest can provide neither water quality functions nor
adequate surface water detention or retention.
Res. # , Page 2
Section 2, Determination of Value. Based on the foregoing declaration of surplus
property, the drainage' easement has no fair market value to the City of Federal Way for public
utility purposes, and can be released to the owners of the underlying property for no consideration.
Section 3. Authorization for Release of Drainage E~ement. Based on the foregoing,
the City Council hereby authorizes the City Manager to release any interest the City may have in
the drainage easement by executing a release acceptable to the City Attorney and substantially in
the form attached as Exhibit A hereto.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
Section 6, Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this __ day of March, 1999.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
Res. # , Page 3
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:'~R~ESOXMARCREST
Res. # , Page 4
Return Address:
John Leskovar
30712 - 16'" Avenue SW
Federal Way, WA 98003
DRAFT
RELEASE OF STORM DRAINAGE EASEMENTS
Grantor: CITY OF FEDERAL WAY
Grantees: John and Geraldine Leskovar
Property Legal Description (abbreviated): Lot 8 of the Plat of Marine Crest, Vol. 98, Pages §2-63, Section
7, Twp. 21 N., R. 4 E, W.M.; Additional Legal Description in Exhibit A
Easement to Be Released Legal Description (abbreviated): Northwest 280 feet of Lot 8; Additional Legal
Descriptions in Exhibit B
Assessor's Tax Parcel ID#: 514930-0080
RECITALS
1. John and Geraldine Leskovar, a married couple, own Lot 8 of the Plat of Marine Crest, legally
described in Exhibit A attached hereto and incorporated by reference. Lot 8 is located at 30712 16'"
Avenue SW (the corner of 16'~ Avenue SW and SW 307'~ Street) in Federal Way, WA.
2. As part of the construction of the plat, and as depicted on the face of the plat, the Leskovars'
predecessors granted a drainage easement, located on the northwest corner of Lot 8 and legally
described in Exhibit B attached hereto and incorporated herein by reference.
3. The City of Federal Way has determined that, in light of other drainage facilities installed in
the plat and/or located nearby, and in light of the small size of the easement which prevents it from
providing water quality or retention/detention functions, the easement is surplus and, to the extent the
City owns an interest in it, that interest may be released.
4. The Leskovars to eliminate the easement in order to clear title to Lot 8.
RELEASE OF DRAINAGE EASEMENT
1. Release. To the extent the City owns any interest in the drainage easement legally described
in Exhibit B attached hereto and incorporated herein by reference, the City hereby releases said drainage
easement. Except for release of the easement as described in Exhibit B, all other easements owned by
the City within the Plat of Marine Crest (including but not limited to those depicted on the face of the
plat) shall remain in full force and effect.
2. Successors and Assigns. The rights and obligations granted herein run with the land and shall
inure to the benefit of and be binding upon the parties' respective successors, heirs and assigns.
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DATED THIS day of ,1999.
GRANTOR:
THE CITY OF FEDERAL WAY
By:
Kenneth E. Nyberg
City Manager
STATE OF WASHINGTON )
COUNTY OF KING )
[DEPUTY CITY MANAGER NOTARY]
On this day personally appeared before me, the undersigned, a Notary Public in and for the S.tate
of Washington, duly commissioned and sworn, Philip D. Keightley, to me known to be the Deputy City
Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed
the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN my hand and official seal this ~ day of
,19
K:\Pubwork\marcrest.rel
9-2-98
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of Washington
My commission expires:
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EXHIBIT A
LEGAL DESCRIPTION OF
PROPERTY ON WHICH EASEMENT
TO BE RELEASED IS LOCATED
That portion of the NW 1/4 of Section 7, Township 21, Range 4 East, W.M., known as Lot 8 of
the Plat of Marine Crest, Vol. 98, Pages 62-63 of Plats, recorded in King County Washington.
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EXHIBIT B
LEGAL DESCRIPTIONS
OF DRAINAGE EASEMENT
The North 70 feet of the West 40 feet of Lot 8, Plat of Marine Crest, Vol. 98, Pages 62-63 of Plats,
recorded in King County Washington.
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