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Council PKT 04-06-1999 RegularIV. go AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 6, 1999 - 7:00 p.m. (www. ci.federal-way, wa. us) CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS ao Certificate of Achievement - Excellence in Financial Reporting Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other indivMuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all itert~ will be enacted by one motion; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) .,~ .... ao Minutes/March 16, 1999 Regular Meeting Voucher/April 6, 1999 Monthly Financial Report/February 1999 Parks/Recreation Commission 1999 Work Plan/Increase in Membership eo ho Resolution/Ventana Preliminary Plat Approval(postponed from 3/16/99) 1999 City Wide Pavement Marking & Channelization Contract Star Lake Basin Drainage Improvements/85% Plan ComPletion Authorization; Project Construction Acceleration Request;& Proposed Interlocal Atreement Purchase of 10 Yard Dump Truck and Side-Boom Mower 1. Resolution/Authorizing Acquisition of Equipment &' Financing Contract 2. Resolution/Form of Reimbursement over please ..... Pern~ Trackin_~ Sysl~ Vendor Selection VI. INTRODUCTION ORDIN ~ANCES Staff Presentation City Council Consider Moving to a Reading Council Bill # 219/AdultEateminment Retail Business AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDEKAL WAY, WASHINGTON REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USBS, REVI$INO DISTANCE SBPARATION RBQUIRBMENTS, AND ADDING AMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. CITY MANAGER REPORT CITY COUNCIL REPORTS IX. Xo EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(D0) Property Acquisition/Pursuant to RCW 42.30.110(D(b) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE .4GENDA ** MEETING DATE: April 6, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: City Council Meeting Minutes CATEGORY: X CONSENT ORDINANCE .... BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: $ N/A ATTACHMENTS: March 16, 1999 City Council Meeting Minutes SUMMARY/BACKGROUND: N/A CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Approve March 16, 1999 City/~Qunp)~'ryg~tes ............................................................................................................................................................................. ......................... .......... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K: \CLERKL4_GNDAB IL. WPD DRAFT FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 16, 1999 - 7:00 PM MINUTES CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:03 PM. Council Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, and Kochmar. Councilmember Watldns excused. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the flag salute. Mayor Gintz announced citizens would no longer be required to state their address when they speak at the podium. Names and addresses are on the pink sheet submitted to the Deputy City Clerk for the record. Mayor Gintz also asked the Council to speak clearly into the microphones, and stated the City Clerk or Deputy City Clerk will call for a roll call vote on any item that is not unanimously voted on. This will make voting clear for the viewing audience as well as the record. III. PRESENTATIONS a. Citizen Recognition/Public Safety_ Department Chief Ron Wood presented citizen Walter Brown with the department's Community Policing Partnership Award for his attention to his surroundings and his quick actions insuring the safety and security of a young boy's life. b. Economic Development Update Economic Development Director Debra Coates updated Council on various economic development issues including: Marketing, Recruitment and Tourism, Identifiable City Center, Sound Transit, and the Sign Incentive Program. City Council Regular Meeting March 16, 1999 - Page 2 IV. CITIZEN COMMENT John Elting, - spoke in opposition to the proposed Ventana Preliminary Plat connector project. Dia~_ne Ray - spoke in opposition to the proposed Ventana Preliminary Plat connector project. Rick Thomp~on - spoke in opposition to the proposed Ventana Preliminary Plat connector project. Randolph CoRon - spoke in opposition to the proposed Ventana Preliminary Plat connector project. Bruce Williams - supports the city's municipal court formation, but opposes use of the existing credit collection agency currently being used by King County District Court for collection of fines. H. David K~plan - requested an update on status of the city's wetland survey; also requested a staff report on the city's Y2K preparedness plans. CONSENT AGENDA ao MimJtes/March 2, 1999 Regular Meeting Council Bill #217/Carry-Forward Budget Adjustment Approved Ordinance No. 99-338 Council Bill//218/Authorizati0n for Formation of a Municipal Court Approved Ordinance No. 99-339 Resolution/Authorization for Formation of a Municipal Court Approved Resolution No. 99-290 Diversity Commission Appointment (replacement) Resolution/Ventana Preliminary_ Plat Approval (pulled) SW 340th St. at Hoyt Rd. SW/Intersection Improvement Project SeaTac Phase I (Belmor]/Final Project Acceptance Mayor Gintz pulled Consent Item (f) for discussion purposes. MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT ITEMS (a), (b), (c), (d), (e), (g), and (h). COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes City Council Regular Meeting March 16, 1999 - Page 3 Consent Item (f): Mayor Gintz recused himself from all discussions and voting with respect to the Ventana preliminary plat approval as he resides in Viewcliff 2 and would be affected by the proposed connector project; said he would leave all decisions up to his colleagues. Mayor Gintz turned the meeting over to 1.and Use/Transportation Committee Member Mary Gates in the absence of Committee Chair Phil Watkins. Councilmember Gates stated this item was sent to Council without a recommendation in order for the full Council to confirm or deny the Hearing Examiners decision, to make additional conditions to the Hearing Examiners decision if necessary, and to ask the City Attorney to draft a resolution representing Council's decision. Associate Planner Deb Barker gave a brief presentation to the Council regarding the preliminary plat approval. Ms. Barker stated the developer has asked for a total regrade at the site, in conjunction with utility installation, which would ultimately reduce construction impacts. The Public Works Department and Community Development Department have reviewed the request. Ms. Barker stated the Hearing Examiner recommended 10 conditions including drainage facilities, open space, landscaping, retaining walls, cultural resources, school walking routes, and right-of- way connections. Councilmember Burbidge questioned the topography of the site stating the area to the west did not look as fully developed as other areas. Ms Barker stated that was correct due to the steep grade. Councilmember Kochmar questioned where 25'a Street ends and Ms. Barker stated it stops at Poverty Bay Park. Councilmember Gates stated pedestrian safety is a concern, as well as connectivity so neighborhoods are not cut off from emergency access. Public Works Director Cary Roe stated there is only one access to Viewcliff at this time, and the City could possibly do a pedestrian emergency access but not thru traffic. MOTION BY COUNCILMEMBER KOCHMAR TO PULL CONSENT ITEM (f) AND SEND BACK TO STAFF FOR ADDITIONAL REVIEW, WITH DIRECTIVE TO LAW TO PREPARE ANOTHER DRAFT RESOLUTION REFLECTING TONIGHT'S COUNCIL RECOMMENDATIONS, TO BE THEN REVIEWED BY PUBLIC WORKS DIRECTOR AND BROUGHT BACK TO COUNCIL ON APRH. 6, 1999, FOR RECONSIDERATION. COUNCILMEMBER DOVEY SECOND. The motion passed 5 - 0 as follows: Burbidge yes Dovey yes Gates yes Kochmar yes Park yes Councilmember Gates turned the meeting back over to Mayor Gintz. City Council Regular Meeting March 16, 1999 - Page 4 VI. PUBLIC HEARING Mayor Gintz opened the Public Hearing at 8:05 PM and called for citizen comment. Hearing none, Mayor Gintz closed the Public Hearing at 8:07 PM. Disposal of Leskovar Drainage Easement Staff Report Citizen Comment - none City Council Deliberation Resolution/Release 0f Drainage Easement-ApprovedResolution No. 99-291 MOTION BY COUNCIl.MEMBER DOVEY TO APPROVE THE RESOLUTION FOR THE RELEASE OF LESKOVAR DRAINAGE EASEMENT. DEPUTY MAYOR PARK SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes VII. CITY MANAGER REPORT City Manager Kenneth Nyberg announced a delegation from Tonghae, Korea will visit Federal Way on May 8, 1999; the City now has a Y2K web page; and the City/Lakehaven Liaison Committee will meet on March 17, 1999 at 7:30 AM with Mayor Ron Gintz and Councilmember Dovey attending. Mr. Nyberg also announced the unfortunate incident regarding an armed man shot by Federal Way Police acting in self-defense. Mr. Nyberg stated an investigation is underway at this time and information will be available to Council and media as soon as the investigation is complete. VIII. CITY COUNCIL REPORTS Councilmember Dovey stated the March 22, 1999 Park/Recreation/Human Services/Public Safety Committee meeting has been canceled and rescheduled for April 12 at 5:30 PM. Councilmember Burbidge stated she attended a Sound Transit meeting and a Central Puget Sound Water Suppliers Forum regarding regional integrated water management on March 3, 1999. Councilmember Gates announced the next meeting of the Finance/Economic Development/Regional Affairs Committee will be March 23, 1999 at noon; updated Council on various regional issues including Referendum 49 list of funding projects; the Park -n-Ride at 21gt and 344~ on the early start list, and HOV lanes from Kent-Des Moines Road to 320~ Street has also been listed. City Council Regular Meeting March 16, 1999 - Page 5 Councilmember Kochmar attended a Vision 20/20 meeting to hear Vice President A1 Gore speak about additional transportation funding for the Puget Sound area, and attended an Airport Communities Coalition meeting on March 20, 1999. Deputy Mayor Park stated the City Manager Executive Search Subcommittee met on March 5, 1999 and approved the RFQ for a consultant to conduct a nationwide search closing April 19, 1999. The committee will meet again on April 23, 1999. Mr. Park attended a Suburban Cities Association meeting with Councilmember Burbidge on March 10, 1999, and stated the Sister City Association Committee will conduct a "Discover Tonghae" event on May 23, 1999. Councilmember Burbidge added she attended the Arts Commission Reception earlier in the evening and stated the Commission will conduct a marketing seminar on March 27, 1999 at Dumas Bay Centre. IX. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the meeting at 8:21 PM. N. Chris Green, City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: $1,201,918.02 $1,201,918.02 ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City ~f Federal W~t I am authorized to authenticate and certify to said claims. 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CITY MANAGER RECOMMENDATION: ~ [e?0~")r} ............................................................................................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # CITY MEMORANDUM Date: To: From: Subject: March 23, 1999 Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director February Monthly Financial Report Action Requested: Accept the Monthly Financial Report and forward to the April Council meeting for approval. Committee Chair: APPROVAL OF COMMITTEE REPORT Mary Gates .Committee Member: Jeanne Burbidg~ // Committee Member: Linde Kochm~~------'~~-L~-~-~ February, 1999 Monthly Financial Report ,~'~' he Monthly Financial Report (MFR) is intended to provide an overview of financial activity that have taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste, Snow and Ice Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through February for the years 1994 through 1999. 40.00 1999 PROJECTED REVENUES & EXPENDITURES (in millions) 35.00 30.00 25.00 20.00 15.00 10.00 5.00 ,':. ,.' :,.,: .,'~'..; ~J,~.:~.~:.::.. :~.'.'.::..:: ;,: ':.%'.::i: · ".'. ',.' :.,~ .,... ,;, .:., .:..,; :. ':., ,"':'..,. ,:% '.;. '.. ~....,. -'~2.:::..... '.. .... :.~. ':~::.,: ,: :: .:; .',.< .....~.~.f,~ ../.,~'~ ,t"' .,:"':'.." :':'.":'::':::""'".',,':"." .!'~:~::..?":.i..'~. : . , '" '"" ":':="';':::: '~;~:~':~::;'~:':" "~'" ': :'::' '": "'""'" '""':" ': ' "'":' '?~i:!.i I' .'":"::~':;::'.':.::":.'"?.}'....' :: '/.:/ '"'"' .' .' .,'~:~'F:..:.:.':'.":':" .L :.}i;::~:::.:~i:.:~. :"" :':, ;?'~:' ::'_:'.,'..,", · ' :::':.";':".;~?." i'":' :"',:.,'.:" '.:::!:i~':'.'.' i :' ." '": ..... ,:.:' ..': .' ~'"':;'.' . ....~..' .... ':'"''""" . "':"::':'~;.".".'i,..'}i'~' ' . ...... · ......... ": ::: .:i ::. -r ..... ..p'r..r~.-,r.r=?.,.,..-:-.7..},}.--,..rr~-.--- .. :......~..',,:,.--.:- (-.sr.:y:7-',:'z.~--.: .......... ~ ',' '. . '-~ .: ;i.':: :?:. ','"." .',, ' · ' ' . .'..'.:. ...... '. :'.:'.::" · : ".' . . ! .... .,......:.....::.:.. ,..... :._...._:_ - - --.. ........ ...~_... ....... . ............................ --.--F'~':-.;"-~,.;-~ ;..~-~ J :.'...::.~-.,.'.'...:t~._..,.: ..................... ~ L ,~i~'..'g..:.......~...........': L .............................. L......,L..,.--..':......2..,...'............~ ......................................... ~: ......... '..~ ........ ~ ....................... · ............... ~ ....................... ·_, ·~._._~_: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Overall, operating revenues $5,348,488 are above the monthly budget projection of $4,546,784 as of February 1999, and operating expenditures $3,978,426 are also within the anticipated budget expenditures $4,368,708 for the period. The above results in the City's operating funds having a projected increase in fund balance of $1,191,986 as of the end of February, 1999. Of this amount $317,640 is related to Utility taxes and REET which are for the payment of debt service. The carryover budget adjustment that was presented at the last Finance Committee meeting will be reflected in the March, 1999 Monthly Financial Report. For 1999, revenues and expenditures are being reported on a cash basis. The City has collected $5,348,488 or 15.0% of the annual operating budget ($35,615,184) through February. Operating revenues are exceeding budgetary estimates by $801,704 or 17.6%. In addition, fines and forfeitures are exceeding budgetary projections by $26,502 or 24.9%. State-shared revenues are exceeding budgetary estimates ($835,022) by $48,497 or 5.8%. This includes a distribution of $10,907 from the state to compensate cities for the costs of implementing and enforcing the new DUI legislation. Another distribution is scheduled for April 1999, but should be significantly lower. Local criminal justice sales tax to date of $243,591 is above the estimated revenues ($225,967) by $17,624 or 7.8% Sales tax revenues are above budgetary estimates ($1,609,289) by $115,568 or 7.2% through February, 1999. City of Federal Way February 1999 Monthly Financial Report REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending February 28, 1999 : .".: '. · · . . :'...' '~ .'. · .. .......... : ,.' .~.. ' ,. ....................... · · · ' .., ,:. Yl'DActuals · YTDAc~___,~._. .'....i.,. ,..: ,~i:~:,',,i '::;, :~: ..;,~: .: '. .. ;,..~== ., ':...'!,.,' ,..,:, ~., : ~.: ~,,, .,~.:.:':Y..,.,.~oe. ~'~ :;;::.... :.../..,,.: ,..;.:. :: Y'm ,~. :.=.,:,:::~, o,,.,~., ...~ ~ ~. ~;:i' '..'..'....'.".:' "'~ .'.:..-. '.", ..... :..Sud~:,~ ,:,.',: ~ .,,, ~.:~,d .' ,SudsY. ~":' 'Y'm'B~d~.~ ~roe=~,r Property Tax 6,634,350 68,526 1.0% 68,526 0.0% 47,487 Sales Tax 8,605,426 1,724,857 20.0% 1,609,289 115,568 7.2% 1,013,425 Cdminal Justice Sales Tax 1,362,747 243,591 17.9% 225,967 17,624 7.8% 137,007 Gambling Tax 509,600 169,078 33.2% 161,959 7,119 4.4°/ 130,359 Utility Tax 4,633,769 901,564 19.5% 822,000 79,564 9.7% 518,428 Real Estate Excise Tax 1,200,000 355,208 29.6% 117,132 238,076 203.3% 289,269 Franchise Fees 494,255 111,625 22.6% 123,564 (11,939) -9.7% 111,625 Licenses & Permits 123,201 54,355 44.1% 34,533 19,822 57.4°/ 12,336 Intergovernmental 4,576,430 883,519 19.3% 835,022 48,497 5.8% 198,302 CD Building Permits & Fees 845,193 173,301 20.5% 112,456 60,845 54.1 o/ 95,740 CD Pass Thru Fees 8,644 na 8,644 na 8,644 PW Permits & Fees 231,573 36,095 15.6% 30,761 5,334 17.3% 16,802 PW Pass Thru Fees 2,600 na 2,600 na 2,600 SWNI Fees 3,120,302 47,934 1.5% 47,934 0.0% 33,669 Refuse Fees 148,524 24,422 16.4% 24,754 (332) -1.3% 12,516 Admin Fees 168,478 28,080 16.7% 28,080 0 0.0% 14,040 Fines & Forfeits 714,000 132,977 18.6% 106,476 26,501 24.9% 68,187 Recreation Fees 501,343 48,736 9.7% 41,645 7,091 17.0°/ 19,842 Knutzen Theatre Operations 59,030 5,166 8.8% 9,838 (4,672) -47.5% 1,021 Dumas Bay Centre Operations 429,609 51,075 11.9% 50,437 638 1.3% 28,042 Public Safety 77,450 101,819 131.5% 5,482 96,337 1757.2% 51,339 Interest Earnings 1,040,139 164,533 15.8% 86,669 77,864 89.8% 91,692 Miscellaneous Revenue 139,765 10,783 7.7% 4,260 6,523 153.1% 7,438 Subtotal Operations 35,615,184 5,348,488 15.0% 4,546,784 801,704 17.6% 2,909,810 Interfund Transfers I 5,451,309 0.0%I 18./o~ Other Financing Sources 1,072,454 49,838 4.6% 49,838 na 49,838 Total Revenues 42,138,947 5,398,326 12.8% 4,546,784 851,542 2,959,648 · Shows actuals as % of year-to-date budget. For example, 50% means actual revenues were half of what was budgeted for that period. COMPARISON OF 1999 OPERATING REVENUES - BUDGET TO ACTUAL $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- i Cumulative iActual Revenues Jan Feb Mar Apr May Jun Jul Aug Sep O~ Nov Dec Building permit and plan check activity has exceeded budgetary projections by $60,845 or 54.1%. Business licenses andpermits are also exceeding the monthly estimate ($34,533) by $19,821 or 57.4%. This is partially due to the fact that annual license renewals were collected in late January and early February. City of Federal Way February 1999 Monthly Financial Report Police services revenue collected through February total $101,819. This amount includes Traffic School revenues of $9,550, Explorer program donations of $1,014, and Police Security services of $49,566. Also included is $36,921 of state seizure revenues which are designated for that specific program. The remaining balance of $4,768 is made up of miscellaneous revenues such as weapons permits, copies and fingerprinting. Traffic School, Explorer program and state seizure revenue is not currently included in the budget, but are usually added in the year-end budget adjustment. EXPENDITURE SUMMARY BY DEPARTMENT Period Ending February 28, 1999 · . '. ..... :..., ....: :.. ..~¥.... : ~Actual~ YTD Actua~ : ..... . .... ·. .:"¥..:.~' ..'"'... ,~ .... ' ':.^do,~' i.:i!::.:.:~i~~, ~....., ":. .YT, ..'. '(O",~.d., "*'~:':'. '"'C.-~.~:.:?.. ...::...:.:......., ..'~d~_...___. ~ "~ ~ YTD~.~'t Ym.~,~" ~.~'.~.~,' City Council 219,841 79,829 36.3% 86,377 6,548 7.6% 8,564 City Manager 567,110 99,624 17.0% 109,340 9,716 8.9% 53,247 Management Services 1,660,081 230,641 13.9% 277,586 46,944 16.9% 133,363 Civil Legal Services 522,356 101,327 19.4% 74,671 (26,656) *35.7% 63,578 Cdminal Legal Services 1,210,809 91,298 7,5% 135,771 44,473 32.8% 55,636 Community Development 2,949,261 383,477 13.0% 475,440 91,963 19.3% 239,188 Public Safety 11,579,219 1,938,117 16.7% 1,894,744 (43,373) -2.3% 1,124,001 Jail Services 875,000 89,088 10.2% 136,393 47,305 34.7% 89,088 Parks & Recreation 2,962,796 345,276 11.7% 432,588 87,312 20.2% 213,062 Dumas Bay Centre Operations 435,609 49,405 11.3°,~ 44,006 (5,399) -12.3% 38,692 Kn utzen Theatre Operation s 59,030 14,721 24.9% 26, 505 11,784 na 6~ 824 Public Works Operations 3,276,656 321,770 9.8% 380,432 58,662 15.4% 214,889 PW Asphalt Overlay Program 1,540,936 9,279 0.6°/~ 24,211 14,932 61.7% 4,637 Solid Waste & RecycJing 265,402 26,514 10.0% 22,217 (4,297) -19.3% 17,371 Snow & Ice Removal 55,076 1,062 1.9% 4,610 3,548 77.0% 983 Surface Water Management 1,712,884 196,896 11.5% 241,511 44,615 18.5% 125,847 Debt Service 5,293,481 102 0.0% 2,309 2,207 95.6% 102 ISubtotal Operations 35,205,551 3,978,426 11.3% 4,368,709 390,283 8.9% 2,389,072 I °'°%' )ther Financing Uses 1,339,293 71,384 5.3% 71,384 na 71,384 Total Expenditures 43,263,185 4,049,810 9.4% 4,440,093 390,283 2,460,456 Shows actuals as % of year-to-date budget. For example, 50% means actual ex )enditures were half of what was budgted for that period. COMPARISON OF 1999 OPERATING EXPENDITURES - BUDGET TO ACTUAL $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec City of Federal Way February 1999 Monthly Financial Report The City has expended $3,978,426 or 11.3% of the annual operating budget ($35,205,551) through February. Operating expenditures are below the monthly budget ($4,368,708) by $390,282 or 8.9%. Also included in the budget for all departments is the allocation of internal service charges. The actual expenditures will be allocated to the departments on a quarterly basis, therefore no charges are reflected in the expenditures through February. Management Services expenditures total $230,641 which is $46,944 or 16.9% below the revised budget estimate ($277,584). This could be attributed to salary savings due to full time positions that are currently vacant. Also intergovernmental charges, which include budgeted election costs of $70,000, have only expended $2,000 or 1.9% of the annual budget ($104,000). Community Development Operations has expended $383,477 or 13.0% of its annual appropriation ($2,949,261). Through February, they are below their budget by $91,963 or 19.3% of the year-to-date budget ($475,440). Services and charges have expended only 3.1% of the annual budget ($589,154). Included in the original budget is monies for a new permit tracking system which has not yet been purchased. · PRCS Operations expenditures total $345,276 which is $87,311or 20.2% below the year-to-date budget estimate ($432,588). This is 12.7% of its annual appropriation ($2,962,802). Public Works Operations is below February budget estimates ($380,432) by $58,662, and has expended $321,770 or 9.8% of its annual appropriation ($3,276,658). This is partially due to salary savings from budgeted positions that are in the process of being hired. Salaries and benefits have expended only 14.5% of the annual budget ($1,489,450). · The Solid Waste and Recycling program is above its budgetary projection ($22,217) by $4,298 or 19.3%. · Surface Water Management Operations are below projections by $44,615 or 18.5% of the February estimate of $241,511. The overall operating revenues for February are above the projected monthly budget, with Sales Tax, Police Services, Fines & Forfeitures, Intergovernmental, Licenses and Permits, and Real Estate Excise Tax exceeding monthly budget estimates. The overall operating expenditures are below estimates at this time, with Management Services, Public Works, Community Development and Parks and Recreation under projections and, Civil Legal Services, Police Services, Solid Waste and Dumas Bay Centre exceeding projections. This could be due to the fact that many expenditures paid in January and February related to 1998 activity and have been accrued back to the prior year. However, it is very early in the year and it is anticipated that as the year progresses the departments (especially seasonal activities) will expend some of this projected savings. We have identified some sources and uses that are highlighted in this report which we will continue to monitor and update as more information becomes available. City of Federal Way February 1999 Monthly Financial Report Local Retail Sales Tax The following graph and table summarize local retail sales tax revenues. Sales tax collections lag two months. For December sales activities, the City receives cash in February. I LOCAL/~-TA/L .~ALE$ TAX A~EMJE~ ~ A~M ACWM I Ac~ , ~ A~ ' ~ . Janua~ $ 5~,297 $ 603,980 $ 6~,2~ $ ~,~ $ 623,3~ $ 638,~2 $ ~7.688 $ 711,432 $ 43,7~ 66°~ Febma~ ~ ~9,037. 870,318. ~2,2~. 883,229_ ~2,478 _ ~9,276. 941,601 _ 1,013,425. 71,824 _ 7.6~& Mar~ 579,220 580,171 ~2,830 ~7,7~ ~0,~7 714,~0 ~7,~2 0 0"& ~ril 522,576 5~,911 573,687 577,022 582,~7 575,5~ 601,682 0.0"~ May 585,~9 597,1~ 624,~7 7~,980 ~,733 655,3~ 7~,570 00~ ~une 5~,7~ 632,~7 599,1~ ~7,1~ ~9,058 769,~1 6~,513 Q0~ Ju~ 615,~7 603,320 617,531 6~,5~ 657,032 ~5,475 6~,2~ 00~ August ~3,765 651,123 676,~ 6~,423 6~,702 ~2,263 7~,~2 00~ Septem~r 619,020 635,0~ 713,489 7~,~ 735,617 8~,295 788,~3 00~& O~o~r 609,162 626,974 676, 731 652,8~ 657,1 ~ 761, ~ 1 714,775 0.0~ Nov~ ~r 627,~3 6~,2~ 6~, 0~ ~, 751 ~7,585 739,326 714,770 0.0~ D~m ~r 5~. 528 618,765 6~, 583 ~,611 793,528 8~,018 755,570 0.0e~ SALES TAX REVENUES February '1997 through February 1999 $1,050,000 Holiday Season $9.50,000 ~ HOliday Season - ) - $850,000 $7.50,000 $650,000 $550,000 Retailing activity has increased by $30,366 or 4.5% compared to 1998 activities. This is due primarily from an overall increase in retailing activity. Manufacturing activity has increased by $27,610 or 204.4% when compared to the prior year. This is due to a major manufacturing company that normally reports on a quarterly basis, now is reporting on a monthly basis for 1999. City of Federal Way February 1999 Monthly Financial Report Sales tax received in February total $1,013,425 which is 7.6% above the adopted budget estimate of $941,601. · Compared to 1998 February sales tax, revenues have increased $64,149 or 6.8% RetalT~de $ 656,441 $ 651,233 S 633,074 $ 646,325 $ 648,925 $ 674,012 S 704,377 $ 30.356 ~ 51,040 45,831 54,734 60,782 66,712 76,110 76,651 540 0.7o4 ~ 36,129 34,686 45,355 49,859 53,570 60,976 65,967 4, g~0 8.2°4 W'des~ing - 34,1a2' 4Z~' 56,704-- 66, ~37-- 45,874-- 63,655- 62,428, (1,227)' Tra'~ity 29,091 46,943 40,014 21,297 27,339 29,147 33,676 4,529 15.9 G3~,,~ - - 6,069 - 6,208- 5,691 - (11,311)' 6,730 - iZi33 - 11,834 - (2~)- -25°,i ~R~ Esta'e - 6,136- 6,gb'7 4,~=6-- 6,972~ 7,211- 11,237 - ~0,~ ~ ;~:~E~:i~i?~:,.t~? :..': ~ Is !.:;,i..:...:~tl :;::;::~.:.,~t?: .~. ~t'$i~:';" '. ~]s~,:::~.~' I'$'.' ~,omaS. l::$":' :~.~ l'i". ::';?¥:. ,~'~ :;?:':~~':~:,' '1 :$::;:.s~..__-~_ [ $.::~}$.'.::'ml~am':l!$ ~t $'.s~','m,a~.:l'$:~:i~-~-.--'~-.-r~-t $ 'm, e4s,~:l'$"?,ma, r'ar I :::"i City of Federal Way February 1999 Monthly Financial Report Real Estate Excise Tax The table and graph below illustrates collection history for the 1st and 2® ¼ percent real estate excise taxes. They both reflect the cyclical variation in this revenue source. The monthly budget estimates are based on historical REET revenues received since incorporation in 1990 through 1999, a ten-year period. REET revenue activity for the month of February has exceeded the adopted budget ($60,317) by $5,622 or 9.3%, continuing the trend we saw in 1998. I ::.-':~.:!,.', .,,'. ~.~:: ,~!~:.~:?~:?i ,~;. '?~;~,~,: i~ :.:!:'.~."! ~,. '..' '... '. :.~..~., :~. :' m~4~.~.r,~,~ ~:~Jx ~,, ? i::.~:.~.h '.~.., ,.. .,,..,..;.~;.,..:. ~' , ,..:...~. ::.::'~' . ., :.......: . :' ::.::,~. '::,?.::.. l~'f~-:" '~,.....,....., ....?. I ~'~,~:'~":""?~ ~;'~,:'/':":~':~: :::.1:,,'~:~;~'~. ' ~ .t::;~:'/: ~:::~;~ .~1:~ ~ ~:~M:: ~.'~.' .t.':..,.~:.;~:~ .~.'~',~.~,~:::...:'., .~',~ .:.:..;:::~ ~::~.,. '~' ~M . :. :,t !~.M~':. '.'..~,:.1 /: ~""'t .' "~" 'i'"":~''':~ '1 ..... ~' "'1':"" ~ :."'""1 "~'"~' "]"':'~ ~",t.'.'~,~' 1 ~" I. ~v~.'t ~ ~anua~ ~ 108,~9 S 202,3~ $ 93,509 S 95,~ $ 1~,325 $ 163,211 S ~,816 $ 289,269 S 232,4~ 409.1% IFeb~ ' 80~8 ~ 65,6~ ' 52,253 ' ~7~ ' ~,~ ~ ~19,71~- 60.3i~ ' 65,939 ' S 5,~22~ ~3~ ~ar~fi - ~,21~ ~ ~ ' 63,02~- ~- 101,508 - ~,~i~ ~ i10~335 $ ' ' 0~ ~p~i - ~8~~9 ' ' 249~51b - ~3,~- ~{33 - ~6~a - 1~,~82 ' 1~,765 ' *~ ' 0 ~ay - 84~'173 - ' 1021473 ' 73,850 -- 155,107 ~ 186,187 - 189,860- i04,661 - '~ $ - QO~ June ................ 00~ 105,092 94,387 73,648 133,203 108,060 270,672 118,511 $ y 167.854 130,113 107,801 133,08 i -- i 20,432 ' 295,738' 125.954 $ ~ugust 163,092 96,829 70,258 130,765- 231,911- 324,962-- 107,066 $ 0.0% Septembe~ - - ~06:684 + - 9~:~4- 183,599 ~:~' 181,490- i37,94~-- ~05,8~ $ 0.0% 3ctober 100,392 82,804 82,369 180,371 151,333 204,439 91,969 $ 0.0% November 146,484 64,606 76,809 102,780 216,381 143,877 93,419 , $ 0.0% December 114,078 65,105 132,917 160,199 188,999 132,448 120,363 $ 0.0% EsL RE Value $ 240,703,600 $ 224,292,800 $ 199,937,000 $ 275,765,000 $ 342,739,440 $ 413,611,516 $ 240,000,000 $ 71,041,656 $ 47,615,204 REAL ESTATE EXCISE TAX ACTIVITY Through February $420,000 $~,208 $350,000 $280,000 $210,000 $140,000 $70,000 $- $282,~2B City of Federal Way February 1999 Monthly Financial Report Utility Taxes The table below summarizes utility tax revenue collections. Through February utility tax collections total $901,564 which is $79,564 or 9.7% above the monthly budget estimate ($822,000). This reflects the 5.0% rate that was effective 3/1/97. Electric (Puget Power) $ 1,800,058 $ 376,146 396,143 $ 19,997 5.3% Gas (Puget Sound Energy) 519 109 151,228 152,674 1,446 1.0% Garage (FW Disposal) 315 276 51,436 52,070 634 1.2% 465 876 80,803 120,266 39,463 48.8% Community Development - Building Permit and Plan Check Activity The following graph and table illustrate building permit / zoning fee / plan review fee activity between 1991 and 1999. 1999-Act 1999-Adp 1998 1997 1996 1~95 1"~92 lzg91 PERMIT/ZONING/PLAN CHECK FEES Through February I'.100,30S ;' I 83,722 165,709 :118,824 $40,000 $80,000 $120,000 $160,000 ~ BId/PIn/Zning Fees · Overall, Community Development permits and fees total $181,944, which is $69,488 or 61.8% above the adopted budget estimate ($112,456). BiB City of Federal Way February 1999 Monthly Financial Report For the month of February, revenues collected were $104,383 or 74.5% above budgetary estimates ($59,831). This could be attributed to the fact that several large permits were issued this month, including revenues received from a large financial institution that is new to this area. · Compared with 1998 activities through February ($87,871), permit revenues and building fees have increased $94,073 or 107.1%. Building permit fee collections through February total $75,038 which is $16,154 above the adopted budget estimate ($58,884). This is partially due to the increased revenue collection for permits related to tenant improvements of a drug store chain. · Electrical fees are also exceeding budgetary expectations. Collections total $16,236 which is $4,085 or 33.6% above adopted budgetary estimates ($12,151). · Zoning fees collected through February total $20,840 which is $8,718 or 71.9% above the adopted budget estimate ($12,122). Plan check fees collected during the same period total $61,187 which is above the adopted budget estimate ($29,299) by $31,888 or 108.8%. Included in this increase is revenue collected from a grocery store moving into the area. I.::.' ' ". :'...I ""'. l.': .,~":..'l..:.,m..::::..i..,m .h'.'.,"'~'":.i.,:~,?~", I...".'.'" , ,,-w.: j I'""' .~ ' I'. ~" ~ '~. J':':'~::"i' :'~ ",[' ~.' 1."~:'".~:'"'::'t ~ I ~'. I s~ 1 "~1 I Janua~ $ 33,708 $ ~,051 $ ~,383 $ 26,3~ $ 59,9~ $ ~,814 $ 52,625 $ 77,~1 $ 24,9~ 47.4°~ February ............. 39,795 47,671 34,376 44,823 81,164 33,057 59,831 104,383 ' 441~52 - 74~5% March 61,117 52,296 30,950 48,297 95,791 45,879 77,053 0.0% ~or~, ............. 00% 61,9~ 67:273_- 36,508___ 51,060_: 95,510 67,;~15_- 73,355 ....... May . 61,353+ 53,636_ ._ 65,038 50,280 ..... 55,171-- 60,598. 75,007 .... 00% Jun? 56,~43' 39,732 69,(~?~5_. 65,217 57,030. 106,758_ 86,760 . _ _ 0.0% J_u?y ...... 50,760__ 3~,428 ..... 60,?0~ 6~,655 .... 5_0,474 1,.,686 .... ~,3~0 0.0% August . 46,091 _ 42,525. 71,299_ 60,072. 56,879 ~ 130,374. 70,815 . _ . 00% Septer. ber --55~0- 67,062___5~,~3 37,~_ 6?__53_ 92,565~ 74,5~7 0~0°~ October 59,489 38,435 60,354 42,402 48,152 122,107 66,713 00% Nov_e.~~ _ 55,740~ 70,37~0 _ ..43;435, 45,163 _32_,.66~ ...... 1~00,067~61,836. ' 010% December 57,415 49,954 81,867 49,613 48,716 72,243 69,311 0.0% Expthru Februa~ .... 257,987-- 307,34--6 3_C/',406 340,0~__3~07C~5._ 294..cX56_ 391 2.'2_ 333 [29. ha_ __ na Recovery Ratio-- ............... 28.5% 272% 269% 209% 44.0% 29.8% 28.7% 545°/0 na na YTD Recovery Ratio 39.4% 41 6% 39.0% 340°/0 357% 37.8% 369°/0 na na na · Building permit related revenues have recovered 54.5% of Community Development operating expenditures that total $333,729. .J City of Federal Way February 1999 Monthly Financial Report Public Works - ROW Permits, Plan Review Fees and Inspection Fees The table includes revenues from ROW permits, plan review fees and inspection fees for the years 1993 through 1999. Year-to-date activity through February totals $38,695, which is $7,934 or 25.8% over budget estimates ($30,761). I ";..,.::?~. :.t,~:.'.'~:...d..; !%177~.',..~t ,~.'..,~'{.¥.~.:...:;t~..i: ~I~ I .' t ]~ Z~ 10,~ 6.~ ~,~ e,~ 8,~7 13,~ 19,~ $ 5,~ ~ 3,~ 8,~ 11,~ 10,7~ ~,~ 1Z~7 15,~ ~l ~ 18,~. ~,~_ 11,~ 14,751. 9,~. 19,9~ ~ Z4~ ~,~ 7,131 8,~ 9,~ ~,~ 21,~ 0~ ~ 16,~ 8374 9,~ ~,~ 1Z~ 21,~ 19,~ 0.~/ ~ 1Z419 19,~ 9,~ 18,~ ~,~ ~,~ ~,~4 0.~ ~ 6,~ 9,~ 9,~ 15,~ ~,1~ ~ 19,1~ 0.~ ~ . ~,~_ (~1~ ~ 14,~1.. 15,~_ ~ 13,147. . ~ 0~ ~ 7,~7 11,~ ~,~ 13,~4 18,019 ~,~1 ~,7~ 0.~ ~ 7,1~ ~,147 ~ 14,~ 19,~ ~ ~ 0.~ Moolhly Av~' 9,914 12,071 14,890 16,435 15,735 25,535 19,298 3,225 661 PERMITS AND FEES Through February 35,000 30,000 25,000 20,000 15,000 10,000 5,000 IPlan Review I ~)e~/ Permits 1993 1994 1995 1996 1997 1998 1999- 1999- Adp Act Should you have any questions about this monthly financial report, please contact the following staff. The following staff of the Management Services Department prepares this report: Marie Mosley 661-4063 Tho Kraus 661-4170 Mari Doring 661-4096 March 18, 1999 ATTACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through February 1994 - 1999 Actuals 1999 Revised Budget Actuals Variance Through Through Favorable (Unfavorable) SourcesflJses 1994 1996 1996 1997 1998 Annual February February Dollars ($) Percent (%) r Beginning Fund Balance $12,181,738 $11,403,627 $10,331,641 $10,396,188 $16,128,342 $13,425,208 $13,425,208 $13,426,208 $ 0.0°/= Dperatlng Revenues ;~roperty Taxes 89,312 56,045 42,152 91,651 6,634,350 68,526 68,526 0 0.0<~ Sales Tax 1,450,489 1,485,064 1,491,019 1,543,948 1,609,990 8,605,426 1,609,289 1,724,857 115,568 7.2~ Criminal Justice Sales Tax 185,642 184,320 187,909 207,099 225,855 1,362,747 225,967 243,591 17,624 7.8°~ State-Shared Revenues 476,642 459,507 461,707 905,998 863,957 4,576,430 835,022 883,519 48,497 Real Estate Excise Tax 268,017 145,762 165,543 241,044 282,928 1,200,000 117,132 355,208 238,076 203.3o/~' Gambling Taxes 58,672 72,574 73,157 73,157 53,164 509,600 161,959 169,078 7,119 4.4°~ Utility Taxes 8,051 255,024 809,396 4,633,769 822,000 901,564 79,564 9.7°~ Fines & Forfeitures 84,645 91,940 106,839 68,420 121,248 714,000 106,476 132,977 26,502 24.9°/~ Building Permits/Fees-CD 83,722 82,759 71,129 141,097 87,871 845,193 112,456 173,301 60,845 54.1°/~ Pass Through Fees-CD - 8,644 8,644 n/~ ROW Permits/Fees-PW 26,778 29,194 36,346 15,625 24,625 231,573 30,761 36,095 5,334 17 Pass Through Fees-PW 2,600 2,600 n/; Licenses 23,709 21,320 23,288 22,171 18,370 123,201 34,533 54,354 19,821 57.4°/~ Franchise Fees 88,897 91,824 98,171 125,701 226,801 494,255 123,564 111,625 (11,939) -9.7°A Recreation Fees 31,927 24,317 44,745 28,429 50,075 501,343 41,645 48,736 7,090 17.0°/~ Dumas Bay Centre 8,234 30,709 29,692 29,739 47,428 429,609 50,437 51,075 638 1.3°/< Knutzen Family Theatre 59,030 9,838 5,166 (4,673) -47.5°~ Interest Earnings 73,110 39,716 (3,588) 58,817 54,136 1,040,139 86,669 164,533 77,863 89.8°/~ Admin Fee-SWM & Solid Waste 25,064 25,816 27,122 27,665 168,478 28,080 28,080 0 0.0°A SWM Fees 70,382 55,969 30,114 21,663 51,778 3,120,302 47,934 47,934 (0) 0.0~ Refuse Collection Fees 25,008 25,987 24,242 12,058 24,368 148,524 24,754 24,422 (332) -1.3% Police Services 18,772 23,750 77,450 5,482 101,819 96,337 1757.2°/~ Other 32,138 10,456 29,483 62,139 64,646 139,765 4,260 10,785 6,525 153.2°/~ Total Operating Revenues 3,077,324 2,876,482 2,969,708 3,9OO,176 4,769,702 36,616,184 4,546,784 6,348,488 801,704 Operating Expenditures City Council 44,492 54,606 72,520 76,688 80,699 219,841 86,377 79,829 6,548 7.6% " Manager 121,355 59,834 91,852 114,181 112,927 587,110 109,340 99,624 9,716 8.9% ~gement Services 182,215 230,803 251,257 241,107 223,441 1,660,079 277,584 230,641 46,944 16.9% (.,~vil Legal Services 67,343 54,098 75,976 63,884 79,574 522,356 74,671 101,327 (26,656) -35.7% Criminal Legal Services 101,442 33,597 84,263 94,506 161,586 1,210,809 135,771 91,298 44,473 32.8% Comm. Developement Services 686,345 663,185 468,235 371,010 346,142 2,949,260 475,440 383,477 91,963 19.3% Police Services 1,376,906 1,346,793 1,412,580 1,431,970 1,810,682 11,579,219 1,894,744 1,938,117 (43,373) -2.3% Jail Services 145,669 86,519 109,062 129,930 128,532 875,000 136,393 89,088 47,305 34.7% Parks & Recreation 559,857 442,069 497,806 354,941 382,838 2,962,802 432,588 345,276 87,311 20.2% Public Works 278,178 259,420 337,979 399,700 368,564 3,276,658 380,432 321,770 58,662 15.4% City Overlay Program 234 1,079 28,936 78,490 1,540,936 24,211 9,279 14,931 61.7% Snow & Ice Removal (1) 307 5,673 40,203 23,576 55,076 4,610 1,062 3,548 77.0% Solid Waste 23,106 17,949 23,629 31,685 29,595 265,402 22,217 26,514 (4,298) -19.3% Surface water Management 160,405 180,693 218,617 195,832 215,811 1,712,884 241,511 196,896 44,615 18.5% Debl Service 52 59 2,183 2,082 5,293,482 2,309 102 2,207 95.6% Dumas Bay Centre 25,316 14,888 33,956 51,423 55,133 435,608 44,006 49,405 (5,398) -12.3% Knutzen Family/Theatre 59,030 26,505 14,721 11,784 44.5% Total Operating Expenditures 3,772,916 3,444,761 3,684,643 3,628,169 4,099,672 36,206,663 4,368,708 3,978,426 390,282 8.9% Operating Revenues overl(under) Operating Expenditures (696,691) (668,279) (724,836) 272,016 660,030 409,631 178,077 1,370,062 1,191,986 669.4% Other Financing Sources - 5,871,457 49,838 49,838 0.0% Other Financing Uses 1,235,600 6,306 75,698 8,108 335,771 8,057,634 71,384 71,384 0.0% Ending Fund Balance Solid Waste 111,484 188,505 213,050 296,991 294,316 276,492 285,225 n/a n/a Snow & Ice 191,274 103,239 73,358 103,530 100,000 100,037 n/a n/a Arterial Street 1,563,848 971,893 362,100 470,902 477,375 78,012 n/a n/a Utility Tax 2,120,030 3,574,690 3,764,700 n/a n/a SWM 2,016,324 1,702,890 1,077,666 1,566,522 2,276,459 1,421,164 1,194,213 n/a n/a Path & Trails 29,109 39,284 50,210 6,153 12,555 30,641 23,020 n/a n/a Strategic Reserve 2,150,560 2,104,645 2,050,477 2,022,389 2,025,496 2,000,000 2,019,329 n/a n/a Debt Service 1,657,809 1,936,991 1,618,909 2,986,805 5,283,482 3,766,019 4,852,375 n/a n/a ~as Bay Centre 562,661 157,897 115,131 83,742 13,286 (159,028) 39,739 n/a n/a ce 1,031,439 1,082,207 786,441 583,861 748,150 n/a n/a P3 300,000 300,000 300,000 300,000 n/a n/a Inlerfund Loans 60,000 10,000 10,000 10,000 10,000 10,000 n/a n/a Unreserved 2,098,752 2,494,224 3,940,226 1,761,027 3,532,267 238,101 1,358,924 n/a n/a Total Ending Fund Balance $10,260,647 $10,829,042 $ 9,631,008 $10,660,096 $17,236,237 $12,141,940 $13,681,738 $14,773,724 $1,191,986 8.8% Note 1: These expenditures occur primarily during the winter months. 3/18/995:10 PM MEETING DATE: April 6, 19¢9 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: On March 8, 1999, Barbara Reid, Chair of the Parks and Recreation Commission, presented the Parks, Recreation, Human Services and Public Safety Council Committee with a prioritized list of 1999 work plan items that included: 1) Celebration Park, 2) Comprehensive Plan Update, 3) Neighborhood Park Development, 4) Skate Park, 5) Park Impact Fees, 6) Community Center, 7) Communications Plan, 8) Off-Leash Dog Park, 9) Wedgewood Park, 10) French Lake Park Master Plan, 11) Canoe Club Public Meeting. On April 21, 1998, the City Council approved amendments to Ordinance 98-312 that provided Council the authority to appoint at least nine members and up to eleven members by appointing alternates as members. Following the approval of this amendment, alternates Dini Duclos and Marion Bartholomew were appointed to the Commission as members for a one year term. The amendment to the ordinance further states that Council shall determine upon the expiration of any member's term if a need exists to appoint more than nine members to the Commission. Members Karl Grosch, Barbara Reid and Jerry Bollen have terms that expire in May 1999. During the February 4, 1999 Commission meeting, the commissioners voted to recommend to the City Council to permanently increase the number of commissioners from nine to eleven with one alternate. The recommendation is based on the Commission's accomplishments in 1998, the 1999 work plan and fitture work. The ordinance does not identify a requirement for the number of alternates appointed. Council could appoint any number of alternates to the Commission. CITY COUNCIL COMMITTEE RECOMMENDATION: On March 8, 1999, the Parks, Recreation, Human Services & Public Safety Council Committee made two motions. 1) Moved that the City Council approve the 1999 Parks and Recreation Commission work plan as presented. 2) Move that in support of the Commission's 1999 work plan, the City Council maintain the Parks and Recreation Commission at eleven members as described in Ordinance 98-312 amended on April 21, 1998 and that the two alternates appointed in 1998 continue as reg. ular members, completing a three vear term in Anril 2001 _ - ..................................................................................................................................... :~' ................... ~" ............................... ~ ................... ,//,),t~[/..,_.~.,,l.?"'l?~ .............. '~ ......... .... .C.~I...T..Y.~.M....A..~N....A....G...E...R..~..C.~.~...M.....M...E...N...~D..~.A...T..~....~.~N..~;.~.A.pp.r.~...v..~a..~.~.~.f....c...~....m.~.m..~t.t...e.~e..~r.~e...c.~9~.m...n..1.e.~n...d.. .a..t..i.~...n..~ ...... zt~'.-t.,.. ~..k ..~. ~.....tox., APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE,) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: March 2, 1999 David Wilbrecht, Deputy Director Parks, Recreation and Cultural Services Department Parks and Recreation Commission 1999 Work Plan/Increase Membership Committee Item Recommendation from Parks and Recreation Commission to approve the Commission's 1999 work plan and to permanently increase the Commission membership from nine full members and two alternates to eleven full members and one alternate. Background: On January 11, 1999, Barbara Reid, Chair of the Parks and Recreation Commission, presented a twelve-item list of possible work items to the Council Committee for 1999. The first four items on the list were the main items on the 1998 work plan and are currently part of the Commission's regular business. The list included existing work plan items including Celebration Park, Skate Park, Wedgewood Park and the Comprehensive Plan and included additional items such as Alderbrook Park, Updating Park Maps, Park Impact Fees, French Lake Master Plan, School District Bond Issue, Canoe Club Waiver, Neighborhood Park Development and a Communications Plan. On April 21, 1998, the City Council approved amendments to Ordinance//98-312 that provided Council the authority to appoint at least nine members and up to eleven members by appointing the alternate(s) as a member or members. Following the approval of this amendment, alternates Dini Duclos and Marion Bartholomew were appointed to the Commission as members for a one year term. The amendment to the ordinance further states that Council shall determine upon the expiration of any member's term if a need exists to appoint more than nine members to the Commission. Members Karl Grosch, Jerry Bollen and Barbara Reid have terms that expire in May 1999. During the February 4, 1999 Parks and Recreation Commission meeting, the commissioners reviewed the proposed work plan for 1999 and voted to recommend to the City Council to permanently increase the number of Commissioners from nine to eleven with one alternate. The recommendation is based on the Commission's accomplishments in 1998, the 1999 work plan and future work. The Commission felt that if the City Council wanted the Commission to complete the same amount of work in 1999 and future years as they did in 1998, then it would be reasonable to continue with an eleven-member commission on a permanent basis. Recommendation/Work Plan: ( Move that the Council the 1999 Parks and Recreation Commission work City approve plan as presented. 2. Move that the City Council approve the 1999 Parks and Recreation Commission work plan as modified by the Council Committee. Recommendation/Commission Membership: 1. Move that the City Council amend park Ordinance No. 98-3 l 2, Section II-27 Membership to establish that the Commission shall consist of eleven members and two alternates. Move that in support of the Commission's 1999 work plan the City Council maintain the Parks and Recreation Commission at eleven members as described in Ordinance 98-312 amended on April 21, 1998. 3. Move the park Ordinance Number 98-312 be amended as recommended by Committee. MEETING DATE: April 6, 1999 ITEM# 'CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Preliminary Plat of Ventana, Federal Way File No: SUB97-0005 CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING 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 (2)February 22, 1999 Hearing Examiner Report, {2 full copies of the staffreport with full exhibits are located in Council Offices}; (3) Revised Draft Resolution. SUMMARY/BACKGROUND: 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 Ex_aminer's report and recommendation at their March 1, 1999 meeting, and voted to forward the project to the full City Council. Forward the Hearing Examiner's report and recommendation to the full City Council, ....F...~.~.F...a...y....F~!!..e..~.°..:...s.~..9.?..°...°.~.:..p..r..~.~!..m.~.n..~..p..!~.~.~y?~: ................................................................................................... ........... CITY COUNCIL COMMITTEE RECOMMENDATION: ** At their March 16, 1999 meeting, the City Council voted unanimously to pull the item and send it back to staff for additional review with directive to Law to revise resolution to reflect Council's recommendations; to be reviewed by the Public Works Director; and bought back to Council on April 6, 1999, for reconsideration. Applicant has been directed to submit a revised preliminary plat ·.~.a.~..a.~!.~..~.h.9...w..i..~..~...a..~.~.~.~.~.e..:~.a.~....w..i.~..p..~.a.?.t.."...~.~...~...m.~.~...~.~.y...v..?~.h..i.~!~.e...a.~.?..~..s.s..~.~.e..~....p..!.a..t...~..~..¥.~..~..t.~.a...~..~. ~...w....c..!.!~. .... CITY MANAGER RECOMMENDATION: Adopt the revised resolution for File NP) S .UB9,7/-000. 5~, preliminary plat of Ventana, subject to receipt of revised preliminary plat drawing.. ........................................................................................................................................ :~l'iZ ............................. t.~.~..~. ~-..,~ ....... i'~'~ ................................ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE C03/IPLETED BY CI~ CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Note: FULL PACKETS OF SUPPORTING DOCUMENTS (2 INCHES THICK) ARE AVAILABLE UPON REQUEST AND ARE AVAILABLE FOR REVIEW IN THE CITY COUNCIL OFFICE. I:\COVERCC-5/14/96 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 S.W. and 25th Avenue S.W., as (if) extended; and WHEREAS, on October 15, 1998, a Mitigated Determination of Nonsignificance CMDNS") was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.21 C, 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. Adoption of Findings of Facts and Conclusions. Findings 1-14, and 20- 23, and Conclusions 1-8 and Conclusion 10 of the February 22, 1999 Recommendation of the Federal Way Land Use Heating Examiner pertaining, attached hereto as Exhibit A and incorporated by this reference, are 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. Findings 15-19 and Conclusion 9 of the Hearing Examiner's February 22, 1999 Recommendation are not adopted. Based on the City Council's authority under FWCC 20-127(c), the following revised Findings 15-19, Finding 21 and Conclusion 9 are adopted: 15. 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 25th Avenue S.W. and 24th Avenue S.W. and the stem extending north from their intersection. To access Ventana through View Cliff, a driver would travel westbound on S.W. 304th Street, turn northbound on 24th Avenue S.W., travel north for approximately 1,000 feet, make a horseshoe left turn onto 25th Avenue S.W., and then drive south about 1,000 feet to Ventana. A much quicker and easier access into Ventana is provided via 21st Avenue S.W. and S.W. 306th 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. While connecting 25~ Avenue S.W. could mean that some residents of View Cliff desiring to travel south would use the Ventana road as opposed to the present 24th / 304~ route, this is unlikely in light of the fact that 97% of the View Cliff residents are opposed to the Res. # , Page 2 road connection and have stated that they will not use it. The View Cliff subdivision contains 54 lots, most of which will continue to the use the 24th / 304th route to Dash Point Road. 16. 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, which are the criteria applicable to the proposed Ventana subdivision. 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. These purposes are implemented by specific design criteria contained in Section 20-151. 17. FWCC Section 20-151, entitled "Subdivision Design," provides in part as follows: a. 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. d. Blocks should be no longer than 1,200 feet without an intersecting connector road. The guiding criteria to be applied is contained in subsection (a). In this instance, because traffic from Ventana will not have occasion to use View Cliff roads as described in Finding 15, extension of 25th Avenue S.W. is not necessary in order to distribute Ventana's traffic in a logical manner toward the collector street system, or to avoid intrusion and over-burdening of residential streets. Subsection (c) is not applicable, because no cul-de-sac in the plat of Ventana will be longer than 600 feet. While extension of 25th Avenue S.W. through Ventana to View Cliff would be Res. # , Page 3 necessary to connect with the existing street, doing so would also create a block in excess of 1,200 feet, contrary to the criteria in Section 20-151(d). Because extension of 25th Avenue S.W. is not necessary to further distribution and spacing of traffic from Ventana, or to avoid over-burdening of residential streets from traffic generated by Ventana, and because extension would be contrary to the 1,200-foot block standard, full street extension of25~ Avenue S.W. is not required by Section 20-151 in this ins/ance. Extension of a pedestrian connection and emergency vehicle access will provide an adequate connection to the existing 25~ Avenue S.W., will provide an additional emergency route in the event of blockage of the 24t~ / 304t~ route, and will suffice to achieve compliance with Section 20-151 (a) here. 18. Requiring a limited pedestrian and emergency vehicle connection to 25t~ Avenue S.W. is also consistent with the land use goals and policies of the Federal Way Comprehensive Plan, as follows: a. 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, while smaller street grids are encouraged to disperse vehicular traffic so that no residential streets are overburdened and walking distances are shortened, the pedestrian connection will shorten walking distances even in the absence of a through traffic connection, which is not necessary to avoid overburdening since Ventana traffic will not utilize 25~ Avenue S.W. in the View Cliff subdivision. For the same reason, while LUP l 7 encourages the development of transportation routes to single family neighborhoods, reinforcing the concept of multiple routes between destinations, the extension of 25~ Avenue S.W. is unnecessary given the findings above that such an extension would not be used. Finally, 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. 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 connections to create route alternatives, especially in areas with few access choices. Res. # , Page 4 This policy is implemented by the connection of S.W. 304th to S.W. 306th via 24th Avenue SW. In addition, requiring pedestrian and emergency vehicle connections between View Cliff and Ventana provides additional route alternatives, as well as a safe, efficient and economic street system, and sufficient capacity for emergency services. Meanwhile, extending 25~ Avenue S.W. to through traffic is not necessary, since it does not create any route alternatives that would be used. c. TP21 states as follows: Enhance traffic circulation and access with closer spacing of through streets as follows: a. Arterial streets at least every 1,200 feet in single family zones and every 600 feet in non-single family zones. b. Collector streets every 600 feet in single family zones and every 600 feet in non- single family zones. Implementing TP 21 would require extending S.W. 304~ Street to 25th Avenue S.W., but City staff have elected not to do so. Keeping 25~ Avenue S.W. closed to through traffic, while providing a pedestrian and emergency vehicle access, will further the health, safety, and welfare, and make appropriate provisions for streets, roads, alleys, and other public ways. 19. Lakehaven 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, and requiring an emergency vehicle connection to 25~ Avenue S.W. provides an additional route connection for services through the plat of Ventana and into View Cliff. The plat therefore makes appropriate provision for water supplies, sanitary waste, and fire protection. Conclusion 9. According to the Plat of ViewCliff No. 2, the temporary turn-around located at the southern portion of View Cliff No. 2 is to become void on the extension of 25th Avenue S.W. Because 25~ Avenue S.W. is not being extended to through traffic, the cul-de-sac does not become void. Further, as part of its road plans for the plat, the applicant shall provide for a cul-de-sac at the north end of 25~ Avenue S.W., with provisions for a pedestrian connection to the plat of ViewCliff No.2, and with provisions for emergency vehicle access to the cul-de-sac at the south end of 25th Avenue S.W. with the plat of Viewcliff No. 2. Res. #__, Page 5 Section 2. Conditional Application Approval. Based upon the Recommendation of the Federal Way Land Use Hearing Examiner and the findings and conclusions contained therein, as adopted and revised by the City Council immediately above, the preliminary plat of Ventana, Federal Way File No. SUB-97-0005, is hereby approved subject to: (a) the conditions contained in the February 22, 1999 Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A), as modified by the findings and conclusion adopted in Section 1 above; and (b) 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 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 58.17 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 competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Res. #__, Page 6 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, RON G1NTZ 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 :\cd\ordina\ventana.res Res. #__, Page 7 TO: FR: RE: DT: CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM City Council Land Use a~d Transportation Committee Stephen irector of Community Development Services Preliminar)rPlat of Ventana 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 F~. aminer's recommendation. Consistent with how land use matters are currently processed by the City, preliminary plat applications are brought to City Council Land lJse 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 basin (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. Preliminary 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 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 effo~ 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 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, pohcies, 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 Managen~nt Plan,~ 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 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 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-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 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. 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 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. PROCEDURAL SUMMARY 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 Hearing 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 Hearing Examiner's recommendation. Preliminary Plat of Ventana, LUTC Memorandmn Page 5 VI. COUNC1L ACTION The Federal Way City Council's review of the application is limited to the record of the heaxing before the Heating 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. CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MA-ii-ER OF: VENTANA PRELIMINARY PLAT ) ) ) ) ) FWHE# 99-02 SUB97-0005 Preliminary plat approval of a 28 lot single family residential subdivision as provided for under Federal Way City Code (F-WCC) Chapter 20, Subdivisions; and requiring approval pursuant to FVVCC Section 20-110. ' II. PROCEDURAL INFORMATION Hearing Date: February 2, 1999 Decision Date: February 22, 1999 At the hearing the following presented testimony and evidence: 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 28t~ Ave. SW, Federal Way, WA 98023 Dianne Ray, 2405 SW 301st Place, Federal Way, WA 98023 Patricia Clark, 30255 25th Ave. SW, Federal Way, WA 98023 Sean Redmond, 30423 23f~ Ave. SW, Federal Way, WA 98023 Robert Collins, 30235 25"~ Ave. SW, Federal Way, WA 98023 Kent Nelson, 30206 25t~ Ave. SW, Federal Way, WA 98023 Chris Castrow, 2324 SW 300t~ St., Federal Way, WA 98023 I. SUMMARY OF APPLICATION 11. 12. 13. Raymond Miller, 3827 38"~ 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 Robert F. Jones, Diane Ray, and Dale Kure dated January 18, 1999 III. 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)o 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 7 o 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 304t~ Street S.W. onto 24~ Avenue S.W. 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. 25t~ Avenue S.W. currently dead-ends at the south end of the View, 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 21't Avenue, 16"~ Avenue, or 12"' Avenue to 304~ Street which presently terminates at the plat boundary. Future plat residents will likely travel from the plat via 306th Place onto 21't 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 ~ feet above ground. The preliminary tree preservation and removal plan identified 239 significant trees o.q 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 corner 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 10. Il. 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 Ventana 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. While 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 304~h Street and 24~ Avenue S.W. 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 304th 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 12. 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~ 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 25~ to the south property line, the final plat of View Cliff No. 2 reflects that the unopened right-of- way of $.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 304t~ 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 304t~ 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 24t~ Avenue and the stem extending north from their intersection. To access Ventana through View Cliff, a driver would travel westbound on S.W. 304t~ Street, turn northbound on 24t~ 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 drive 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 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 24t~/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, mos'i of which will continue to use the 24~/304"~ route to Dash Point Road. '7 16. 17. Residents have accused City staff of not listening to their desire to keep 25~ 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. 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 25t' Ave. connected, the distance between its intersection with 24th Ave. SW and SW 301st 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. 8 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 Trip 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 25t~ 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 9 19. 20. connections to create mute 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 304u' 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 25th Ave. Following the desires of residents would directly contradict the adopted standards, plans, and policies of the City Council. Furthermore, maintaining 25t~ 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 overcrowded 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 concern, but, taken alone any development could be halted solely on this ground. If no solution exists, then perhaps no further development is appropdaC, e, 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 written recommendation of approval or disapproval of the subdivision to the Ci~ 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. As previously found, the preliminary plat is consistent with applicable provisions of the subdivision code. Co 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 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. The proposed preliminary plat of Ventana is consistent with the goals and policies of the Federal Way Comprehensive Plan and satisfies ali 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. 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 "Storrnwater 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 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 ME)NS 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 possibi!ity that (a) archaeological remains could be exposed during construction, and (b) evidence of such 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 ~pecific procedures to notify the Washington State Department of Am:haeology and Historic Preservation, the City of Federal Way, and an a~rchaeologist. The written procedures shall be reviewed and approved by tthe city prior to beginning construction. To provide a safe route of travel for school children, the aPl~icant shall install an asphalt-paved pedestrian pathway from the subject site, west along the southem side of SW 304th Street to adelaide Elermentary School, subject to review and approval by the Public Work~ EDirector. The pathway shall generally be 8-feet wide, but may be narrow,~-~l down to a 5- foot wide in places as necessary to avoid construction confliC::ts with existing improvements along the route. According to the Plat of ViewCliff No. 2, the temporary turn-~round located at the southern portion of Viewcliff No. 2 is to become void ~m the extension of 25th Avenue SW. The applicant will be respons~ible 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 draina~[~ plans to Dean Condos for review and comment prior to final approvatl':by the City. RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the p~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~agrmination of Nonsignificance. DATED THIS ~,,~ ~"~-~ ~ b ru a~¢~./~_.' S~-EPFH E N ~SSEAU ,)~3'~R. Hearing Examiner 15 TRANSMITTED THIS. L~~ 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 8t~ 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 Collir~s Kent Nelson Penny Fullaway Mike Bollen Cary Lang Construction John Norris 10500 NE 8"' St. #1900 30444 28u' Ave. SW 401 SW 152"~ Street 2434 SW 306"~ Place 2405 SW 301't Place 30255 25"' Ave. SW 30423 23'~ Ave. SW 30235 25"~ Ave. SW 30206 25t~ Ave. SW 30215 25t~ Ave. SW 30432 23fd Ave. SW 34618 11th PI. S., Ste. 200 10516 172'~ Ct. SE Randolph Colton 30168 25"' Ave. SW City of Federal Way cio Chris Green 33530 1,t 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 33530 1ST WAY SOUTH (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: VENTANA PRELIMINARY PLAT, FWHE~ 99-02 Dear Applicant: Enclosed please find the Report and Decision relating to the above- entitled case. V er¥~~~ ~ STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/ca cc: Ail parties of record City of Federal Way MEETING DATE: April 6, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM 'CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum to the March 15, 1999 meeting of the Land Use and ........................................................ ............................................................................................................................................ SUMMARY/BACKGROUND: The City contracts with King County to provide all traffic maintenance and operation services involving traffic signs, striping, pavement marking, and signals. However, in the past few years, King County's level of service for pavement marking maintenance did not meet the City's expectations in being completed prior to school opening. In addition, neighborhood traffic safety discretionary work orders involving speed humps have been significantly delayed. Furthermore, King County is not able to perform work involving any curbing or raised islands with County staff and must subcontract this work to private vendors. As a result of the issues discussed above, Public Works staff sent Requests For Quotes (RFQ's) to King County and other contractors who have the capabilities of executing all of the above services within pre- determined deadlines. The lowest quote received was from Stripe Rite, Inc. for $16,240 for basic pavement marking services. In addition, staff estimates $20,000 to be used for discretionary work orders involving pavement marking, speed humps, curbing, and raised islands. CITY COUNCIL COMMITTEE RECOMMENDATION: At the March 15, 1999 meeting of the Land Use /Transportation Committee, the Committee recommended the following: Authorize the City Manager to execute a contract with Stripe Rite, Inc. in the amount of $36,240 for basic and discretionary pavement marking and channelization services. 2. Forward the Committee's authorization to the April 6, 1999 Council meeting and place on the .................... ?..n...s..e...n..t...,a..g..e..n...d.9.: ......................................................................................................................................... ............................................................. CITY MANAGER RECOMMENDATION: }b~r~z--;-¢ (~-,.~,~;¥ ~5' -~;";~"~:!~ ;~"~' ................................................................................... ........ . APPROVED FOR INCLUSION IN COUNCIL PACKET: (itJ[~ CITY OF ~ DATE: TO: FROM: SUBJECT: March 9, 1999 Phil Watkins, Chair Land Use/Transportation Committee Richard Perez, Traffic Engineer 1999 Citywide Pavement Marking and Channelization Background The City contracts with King County to provide all traffic maintenance and operation services involving traffic signs, striping, pavement marking, and signals. However, in the past few years, King County's level of service for pavement marking maintenance did not meet the City's expectations in being completed prior to school opening. In addition, neighborhood traffic safety discretionary work orders involving speed humps have been significantly delayed. Furthermore, King County is not able to perform work involving any curbing or raised islands with County staff and must subcontract this work to private vendors. As a result of the issues discussed above, Public Works staff sent Requests For Quotes (RFQ's) to King County and other contractors who have the capabilities of executing all of the above services within pre-determined deadlines. The lowest quote received was from Stripe Rite, Inc. for $16,240 for basic pavement marking services. In addition, staff estimates $20,000 to be used for discretionary work orders involving pavement marking, speed humps, curbing, and raised islands. Recommendation Staff requests the Committee to: Authorize the City Manager to execute a contract with Stripe Rite, Inc. in the amount of $36,240 for basic and discretionary pavement marking and channelization services. Funding for this work is already included in the Traffic Division's operating budget. Forward the Committee's authorization to the April 6, 1999 Council meeting and place on the consent agenda. K:\L[FFC\ 1999\PA VEMARK.WPI) (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\1999\340hoyt.awd COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION it MEETING DATE: April 6, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Star Lake Basin Drainage Improvements - Project Construction Acceleration Request; 85% Plan Completion Authorization; and ...................................... ..e...r...o.P...o...¥...d..!..n...t.~r!..o..~.a..!....a...gr.e..~..m...e...n...t. .............................................................................. ............................................................... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: March 10, 1999 Memorandum to the March 15, 1999 meeting of the Land Use and ........................................................ ..T...r..a...n...s.p..o...a..~.t.!..o...n....C....o....m..?...!.t..t..e..e.. ................................................................. ........................................................................... SUMMARY/BACKGROUND: Project Acceleration: The Surface Water Management Division requests Council authorization to accelerate project construction by one year. Sufficient funding is available to accomplish this acceleration due to the fact that the SeaTac Mall Detention project has been stalled again this year because of soil contamination issues and continuing easement negotiations within the SeaTac Mall area. Project funding from SeaTac Construction Phases II and III can be reallocated to this project (Note: there is no impact to remaining projects). Acceleration of the project will also allow better coordination with planned water main replacements in the area by Highline Water District, reducing costs, eliminating utility conflicts, and reducing public disruption that would be caused by Star Lake Road being tom up for construction activities over two (2) consecutive years. 85% Plan Completion: Project design is approximately 85% complete. Staff is currently negotiating a right of way permit with the City of Kent for that portion of the work that will occur north of the southernmost right of way boundary of South 272"a Street. The project is well within budget. Proposed Interlocal Agreement: The proposed Agreement outlines a cost and responsibility sharing plan between the City and the Highline Water District which accomplishes construction of the proposed projects. Construction costs associated with each utility line will be borne solely by the respective owner. This Agreement is identical to previous agreement the City has entered into with the Lakehaven Utility District. The attached memorandum provides further detail on acceleration of the project, estimated design and ....c...o...n..s..t.r.u..s.t. !..o...n....c...o...s..t..s.. aaa. p rgj..e...c..t...f..u...n...d..!..n, g: ............................................................................................. ........................................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 15, 1999 meeting, the Land Use and Transportation Committee placed the following recommendation on the next available Council meeting agenda for approval: 1) 2) 3) Approval of the project construction phase acceleration; Authorization to proceed with finalization of the design of the Star Lake Basin Drainage Improvements Project; Authorize to enter into the proposed Interlocal Agreement with the Highline Water District for the Star Lake Road Water Main Replacements project. 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\starlake.wpd COUNCIL BILL/4 1st Reading Enactment Reading ORDINANCE it RESOLUTION it Date: To: From: Subject: March 10, 1999 Phil Watkins, Chair Land Use and Transportation Committee Jeff Pratt, Surface Water Manager ~/ Star Lake Basin Drainage Improvements - Project Construction Acceleration Request/85% Plan Completion Authorization/Proposed Interlocal Agreement Background: Project Construction Acceleration: The Surface Water Management (SWM) division requests council authorization to accelerate the construction phase of the Star Lake Basin Drainage Improvements by one year,i.e., in 1999 as opposed to 2000. The proposed acceleration can be accomplished as suggested due to the fact that the SeaTac Mall Detention project has been stalled again this year because of soil contamination issues and continuing easement negotiations within the SeaTac Mall area. Funds progralnmed in 1999 for SeaTac phase II and phase III construction can be reallocated to the Star Lake Basin Drainage Improvements project in 1999 (note that none of the remainin5 projects are postponed or reduced in priority). Construction of the SeaTac project will be postponed until 2000 at which time the contamination and easement issues should be resolved. Another factor that favors this request is that the accelerated project will better coordinate with plaimed water main replacement in the area by the Highline Water District. This fact is discussed in more detail below in the section titled "Proposed Interlocal Agreement." Because the proposed project acceleration involves a major capital project with projected costs in excess of $680,000, SWM is requesting council authorization to, in effect, reprioritize the project construction schedule. 85 % Plan Completion: Recall that in 1997 the City received mitigation money for upstream development storm water impacts to the Star Lake trunk system. Because this money was mitigation money, by law it could only be used for projects associated with the specified storm water conveyance system. Further, if this money was not used within five years - by February 24, 2002 in this case - by law it was to be returned. SWM has used this mitigation money to initiate the design process on five projects along the Star Lake trunk conveyance system as identified by the City's Surface Water Capital Facilities Plan. This project design has reached the 85 % completion point and is therefore submitted for your consideration. The proposed drainage improvements will be located along Star Lake Road, between Military Road and South 272nd Street. They will service a 403 acre drainage basin of developed, primarily residential area. The drainage basin is roughly bounded by Pacific Highway on the east, S 272nd Street on the north, S 286th Street on the south, and Interstate 5 on the west. The project's purpose is to reduce the frequency of flooding around homes, on property, and within the right-of-way of Star Lake Road and S 272nd Street. Currently, project design is estimated to be eighty five-percent complete. are the following completed tasks: Included in this estimate The topographic and property boundary surveys. · The sensitive area delineations, surveys, and reports. The 85 % project design for all of the conveyance systems. The SEPA determination Staff is currently negotiating a right-of-way permit with the City of Kent for that portion of the proposed work that will occur north of the southernmost right-of-way boundary of S 272nd Street. The project budget and 85 % cost estimate are provided below for your consideration: Design Construction (Includes 10% Contingency) Total Budget Estimate $ 64,163 $ 67,419 $831,152 $682,000 $895,315 $749,419 Proposed lnterlocaI Agreement: In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by having Star Lake Road torn up for two consecutive years - by Highline Water District in 1999 and SWM in 2000. Staff is recommending that the City enter into an Interlocal Agreement (ILA) with the Highline Water District. Please find a copy of the proposed ILA for the referenced water main construction attached for your consideration. The proposed ILA outlines a cost and responsibility sharing plan which will achieve a Shared project economy in the execution of the referenced system replacement work - given that the character of construction is similar for both the storm and water lines. Construction costs associated with each utility line will be borne solely by the respective owner. The proposed ILA is identical to previous agreements that the City has undertaken in cooperation with the Lakehaven Utility District. Staff seeks council's authorization to enter into this agreement with Highline Water District. Recommendation: Staff requests that the committee forward the following project recommendations to the council for consideration during their April 5, 1999 meeting: 1. Approval of the project construction phase acceleration; Authorization to proceed with the finalization of the design of the Star Lake Basin Drainage Improvements Project; Authorization to enter into the proposed Interlocal Agreement with the Highline Water District for the Star Lake Road Water Main Replacements. Attachments K: \$WM\PROJ ECTS\STARLAKE\STARLAKE.85 % INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND HIGHLINE WATER DISTRICT FOR THE STAR LAKE ROAD WATER MAIN REPLACEMENTS THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and Highline Water District (hereinafter "District"). WHEREAS, the City proposes to proceed with the Star Lake Basin Drainage Improvements (hereinafter "Project"); and WHEREAS, the District provides water service in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Ac0 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings, reduce public disruption, eliminate utility conflicts and garner other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract which includes the replacement of the existing water main (hereinafter "District Work") in connection with the Project, and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The District will contract with KCM Inc. to design the "District Work". The scope of work shall include the production of reproducible construction drawings, special contra~t provisions, and other necessary documents with sufficiently detailed requirements for the District Work to become a part of the plans and specifications for the project. All of the "District work" design shall be completed by April 30, 1999. II. BIDDING. A. It is the intention of the City and the District that the "District Work" plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. ,-,--/~ / MEETING DATE: April 6, 1999 ITEM# fj~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Equipment Purchase and Financing CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ ExpenditureAmt: $ Contingency Reqd: $ ATTACHMENTS: A staffmemoregardingthepurchaseoftheequipmentandtworesolutionx One authorizingthe City Manager or designee to execute a lease financing agreement with the state, and; one to allow the city to advance funds for the ...... P.~.~.!}}S.~ SUMMARY/BACKGROUN~ As a pan of the 1999/2000 adopted S~eet Maintenance Program ~o pieces of equipment are to be financed through a lease/purchase program. One is a 10-cubic yard dump ~ck, for a cost of $116,154; the other is a side-boom mower, at a cost of $67,951.02. The CiW recently went out for bid on the dump track and it is cu~ently on order, and staff recommends the purchase of the Flail Mower from Brim Tractor Company for $67,951.02 through the interlocal agreement for purchasing be~een the CiW and King Count. The State, in conjunction with AWC and Washington Finance Officers Association, designed a pass-through financing program, using Certificate of Participation (COP), for equipment financing starting in September 1998. The program issues debt at the State's Aa3 Moody's rating, and shares the issue costs among all bo~owing agencies and, therefore, has the advantage of economy of scale. The result is a ve~ aUractive rate and a simplified process for equipment financing. The aUached resolutions will authorize the Ci~ to participate in this program and to obtain the needed financing for this equipment. CITY COUNCIL COMMITTEE ~COMMENDATION: At its March 23, 1999 meeting the FED~C commiUee fo~arded the following to the Ci~ Council with the reco~endation to: Approve the purchase of the mower from the Brim Tractor Company in the amount of $67,951.02 through the interlocal cooperative purchasing agreement with King County. > To adopt a resolution authorizing the City M~ager to execute the necessa~ documents to perfect the State's lease- financing program for the track ~d ~e side-~om mower. > To adopt a resolution to authorize the reimbursement from the COP proceeds. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BEL 0 W TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NOACTION CCCOVER-5/24/94 K:\finance\*\323_E 1 COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: March 12, 1999 Finance, Economic Development and Regional Affairs Committee Ken Miller, Streets System Manager Purchase of Side-Boom Mower Background: As a part of the 1999/2000 adopted Street Maintenance Program two pieces of equipment are to be financed through a lease/purchase program. One is a 10-cubic yard dump truck, for a cost of $ 116,154; the other is a side-boom mower, at a cost of $ 67,951.02. The City recently went out for bid on the dump truck and it is currently on order. In April of 1998, King County Purchasing received bids for seven Flail Mowers and Brim Tractor Company was the low bidder for $67,951.02. This was an extremely competitive price due to the number of mowers required by King County. Brim Tractor has agreed to extend this price to the City under the interlocal agreement for purchasing between the City and King County. Financing Option: The Street Maintenance Program proposal presented to Council during budget deliberation assumes these two equipment will be financed through commercial lease-purchase programs. At the last committee meeting and at the March 2 City Council meeting, Council authorized staff to workout details to financing these two equipment through a very competitive lease-financing program sponsored by the State. Attached are two resolutions: (1) to allow staff proceeds with the lease financing program though the State; and (2) to allow the City make advance payment to acquire the equipment and receive reimbursement from the proceeds of such financing. Committee Recommendation: Recommend the full Council to approve the purchase of the mower from the Brim Tractor Company in the amount of $67,951.02 through the interlocal cooperative purchasing agreement with King County; and to adopt the two resolutions authorizing the City Manager to execute the necessary documents to perfect the State's lease-financing program for the truck and the side-boom mower. APPROVAL BY COMMITTEE: ~ J Conml~ee Chair Co~~ttee Membe~ Committee Member K:'aCinance\*\KM TRUCK Mar-lO-B9 23:26 P.01 Attn: Ken Miller From: Nathan Jameson l.~rim Tractor Co. Inc. 800-530-2746 It has been reviewed mid approved by I3'1'C that the city ot' I:ederal Way will be allowed to piggyback one tractor and mower as per conditions of King County bid number IT l1443-PAC, April 1998. Total purchase price of $62,570 plus tax. Please rel~r m~y questions to Nathm~ Jameson 800-530-2746 Office 360-319-2080 Cell 03/10/99 WED 23:34 [TX/RX NO 8680] After recording, return to: Federal Way City Attorney's Office 33530 1st Way S. Federal Way, WA 98003 Cooperative Purchasinq Aqreement In accordance with Chapter 39.34 RCW, City of Federal Way and King County agree to a cooperative governmental purchasing agreement for various equipment and supplies using King County's competitively awarded contracts and City of Federal Way's competitively awarded contracts. King County therefore extends the use of its contracts to City of Federal Way and City of Federal Way therefore extends the use of its contracts to King County, to the extend provided by law and upon the following terms: (i) (2) The vendor(s) agree to extend to City of Federal Way and King County the terms and conditions of their respective contract(s). Each party to this agreement accepts responsibility for compliance with any additional or varying laws and regulations governing its purchases. Any purchases by either party shall be effected by a purchase order from that entity and directed to the vendor. (3) · Each party accepts no responsibility for the. performance of any of the purchasing terms and conditions by the vendor. (4) Each party accepts no responsibility for payment of the purchase price by the other party. This agreement may be revoked at any time in writing by either party. Accepted for King County Accepted for City of Federal Way ~er Purchasing Agent: Debbie Murphy ~.,~~~kFederal'a~reen Mwa-SWaney, C C K. Lindell Purchasing Agent RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE ACQUISITION OF EQUIPMENT AND A FINANCING CONTRACT AND RELATED DOCUMENTATION FOR SAID EQUIPMENT. WHEREAS, it is deemed necessary and advisable that the City of Federal Way (the "Local Agency") acquire one ten yard dump truck and one site boom mower ("Property"); and WHEREAS, the Local Agency has undertaken or will undertake to acquire the Property in accordance with all applicable purchasing statutes and regulations; and WHEREAS, the Local Agency has executed a Notice of Intent to the Office of State Treasurer, in the form attached hereto as Annex 1, for the financing of the Property under the provisions of RCW Ch. 39.94; and WHEREAS, the Local Agency desires to enter into a Local Government Financing Contract with the Office of the State Treasurer, in the form attached hereto as Annex 2, as the method of payment for the Property; and WHEREAS, Kenneth E. Nyberg, is the duly appointed City Manager of the Local Agency ("Authorized Representative"); and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Acquisition of Property. The Federal Way City Council of the Local Agency hereby authorizes the acquisition of the Property and hereby empowers the Authorized Res. # , Page 1 Representative to execute the Local Government Financing Contract for the Property. The form of the Local Government Financing Contract is hereby approved and authorized to be executed and delivered to finance the acquisition of the Property. The Authorized Representative is hereby further authorized to execute and deliver to the Office of State Treasurer all other documentation in connection with the financing of the Property, including, but not limited to agreements relating to initial and ongoing disclosure in connection with the offering of securities related to the Local Government Financing Contract. Section 2. 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 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 4. 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 , 19 CITY OF FEDERAL WAY MAYOR, RON GINTZ Res. # , Page 2 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\RESO\equiploa. res Res. # Page 3 DRAFT FORM OF REIMBURSEMENT RESOLUTION RESOLUTION NO. Section 1. The City of Federal Way (the "Local Agency") reasonably expects to reimburse the expenditures described herein with the proceeds o£ a financing contract to be entered into by the Local Agency (the "Reimbursement Obligation"). Section 2. The expenditures with respect to which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligations are for acquisition of one ten yard dump truck for $116,154 and one site boom mower for 68,000. Section 3. The maximum principal amount of Reimbursement Obligations expected to be issued for the property described in Section 2 is $185,000.00. Adopted this day of CITY OF FEDERAL WAY Mayor, Ron Gintz ATTEST: Christine N. Green, City Clerk Approved as to form: Londi K. Lindell, City Attorney K:\document\authoriz.res MEETING DATE: April 6, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSLN-ESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $193,925 Expenditure Amt: $193,925 Contingency Reqd: $ ATTACHMENTS: FEDRAC Recommendation SUMMARY/BACKGROUND: The Permit TrackingSystem Committee is requesting council approval of the selection of Synertech/CSDC as the vendor for the new permit tracking system. The FEDRAC committee approved this selection at their March 23, 1999 meeting. The Permit Tracking System committee developed and distributed an RFQ, conducted on site system evaluations and interviews during 1998. From that process Synertech/CSDC emerged as the preferred vendor for this year 2000 compliant permit tracking system. The city and Synertech/CSDC have reached a tentative agreement for implementation of the system. CITY COUNCIL COMMITTEE RECOMMENDATION: FEb,O, Pa3 ',~:~'~ ~b~c( ~ ~,~ ~' cq~/w~-~ ........ ~d~L.~:~f~'/~<~.~d~~:~:~/~?~:~?~.~; ................................................................. CITy MANAGER RECOMMENDATION. ~f~" ~ · ,~. ~ ........................................................................................................................... ............... APPRO~ FOR INFUSION IN CO~L ~AgT: ~ COUNCIL ACTION: (BELOW TO BE COMPLETED BY CI~ CLERK'S OFFICE) APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: March 18, 1999 Finance, Economic Development and Regional Affairs Committee Permit Tracking System Committee Contract with Synertech/CSDC - Permit Tracking System The Permit Tracking System committee is requesting approval by the FEDRAC committee in the selection of Synertech/CSDC as the vendor for the new permit tracking system. The time frame for implementation of the new system is approximately seven months from the date of initial software delivery, making time of the essence. The contract proposal includes the following: Software/Maintenance Data conversion Training System Implementation Additional Software Licenses Total: $ 46,000 43,200 11,520 81,220 11,985 $193,925 This total is within the budget allocation approved by council for 1999. Background: In September, 1997, the city created an inter-departmental committee to develop a recommendation regarding upgrade or replacement of the current permit tracking system, Permit Plan. Throughout 1998, the committee developed and distributed a Request for Qualifications, conducted several on site evaluations and interviewed the top three vendors. The result of this process is the committee's recommendation to select Synertech/CSDC as the vendor for the new system. The city and the selected vendor have reach a tentative agreement for implementation of this system. The agreement meets the requirements of our system design and implementation needs and is year 2000 compliant. Committee Action: Approval of the selection of Synertech/CSDC as the vendor for the new permit tracking system and forward the selection to the full City Council for approval at the regular City Council meeting on April 13, 1999. OF COMMITTEE ACTION: APPROVAL Committee Chair , d/Committee Member K:XFINANCE\*XPERM IT Committee Member MEETING DATE: April 6, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Suburban Cities Association 1999 Special Assessment CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ ExpenditureAmt: $ Contingency Reqd: $ ATTACHMENTS: March 18, 1999 memorandum and attachments to the March 23, 1999 FEDRAC Committee Meeting. SUMMARY/BACKGROUND~ The Suburban Cities Association has requested a special assessment for 1999 to cover the costs of additional staff su ort of the Association's activities CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 23, 1999 meeting the FEDRAC committee forwarded the following to the City Council with the recommendation to: ..... ~......~..~5~p~Y~....and.-.amh°.r!ze...~h~....pa~men~?~.~.?~9~.~.`5...~p.e.~.!~!~.;~?~.~.~m~nt....!n..~.~.am~t~r~[.~.~...$.~.?~67.: CITY MANAGER RECOMMENDATION' ~ ~~ X~'i69'i~ 76~ iNCLUSION IN COUNCILi PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NOACTION COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION it CCCOVER-5/24/94 K:',finance\'\323_h I CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: March 18, 1999 Finance, Economic Development and Regional Affairs Committee Iwen Wang, Management Services Director Suburban Cities Association 1999 Special Assessment Attached are two memorandums from the Surburban Cities Association (SCA) regarding the special 1999 assessment for additional staff support of the Association's activities. The first memorandum dated December 28, 1998 identifies the reasons and needs for additional staff, and the projected cost for member cities; the second memo dated February 4, 1999 confirms membership approval and the special assessment. The City's portion of the assessment is $7,367 due July 1, 1999. This amount could be covered within General Fund from savings in other expense areas, or from the City Manager's contingency fund. With this special assessment, the total SCA membership due for Federal Way is $29,039 for 1999. No further adjustment to the 1999 dues is proposed at this time as a result of Bellevue' s withdrawal from the association. Committee Action: Staff recommends Council to approve and authorize the payment of 1999 SCA special assessment in the amount of $7,367. APPROVAL OF COMMITTEE ACTION: [, ~ Committe{~ ~hair d/Committee Member K:'~FINANCE\*\SCA JAN 04 '99 1Z:33 FROM:SUgURBAN CITIES ,i. ZQ6,..,,.,.,,,,, +~ P.OZ/05 F-TGT Suburban Cities Association of King CoUnty, ~Yla~hingron 4s oO SsociatY Dr. Lynda Ring £rickson AI.GONA AUBURN BEAU X ART~ ~ON ~ON D~ DU~ ~RR~ WAY K~ MER~ 1S~ND MILAN NOtArY NOR~ ~D P~PlC ~MOND ~ON ~MMAM~I.I S~T~ ~HO~N~ SN~UAI~IE WOODINVI~ December 28, 1008 To: Mayors and Councilmembers City Managers Finance Directors From: Chuci( Booth, President Judy Clibbom, Vie President Terry Brazil, Secretary/Treasurer Mary Gates, Past President For some .time, the Board of Directors :has. been struggling with concerns about SCA's workload and staffing levels.. As all of you are aware, regional issues continue to be a primary focus for ali cities, and most member cities rely on SCA information, coordination and ether assistance on these issues. Over the past year, however, some city staff previously committed 'to regional affairs have become unavailable. SCA has covered this shortfall by using consultants, not a very economical solution, and by abandoning all but the most critical issues which is also an unwise course of action. In other instances Board members have made themselves available to prepare memos and background information, a situation that cannot continue for any length of time. Over the past t-~ve months, the Board has studied this issue at length and has considered alternate solutions, including a wholesale reduction of the workload, and alternate funding scenarios. At a Board retreat in late October, the Board agreed to support the additional-of an additional staff position. This position would add significant coordination capacity, which would enable the association to leverage existing city efforts on a variety of' issues. At their December meeting the Board decided to use the existing funding formula, computed on a per capita basis, to fund this po~ition. A chart showing each city's share of the cost of this position is attached. Approval of the general membership is scheduled for a vote at the January 13, 1999 membership meeting. We anticipate sending a special assessment to your city within the first quarter of 1999. ~W POll~r 9611 S.E. 36th Street · Mercer Island, WA 98040-3732 1.800~26(~14t8 · (206) 23&7676 · FAX (206) 236-3588 · cmail sca@halcyon.corn JAN 04 '99 t2:33 FROM:SUBURBAN CITIES +206 ....... +~ P.03/05 F-?gT ', The assessment, necessary'to support the additional position was not included in the 1999 assessment information provided for use in you .budget dellDeratlons' last year. At that time, no decision had been made and the Board's analysis of workload issues was on going. If this assessment's timing will cause problems for your city, please let us know. If any of you have questions or concerns, or if you wish further information on SCA's workloads and the analysis done by the Board to support.the addition of this staff position, pleaser, all our offic,~ or your representatives. Attachments: 1999 Spec, iai Asaeasment ,Schedule Board of Directors ROster FEB 05 '99 08:51 FROM:SUBURB~ CITIES +206 ....... +:~::~.@6,:35..8~8 P.01/02 F-967 Dr. Lynd~ Ring E, rick$on AUBURN BEAUX ARTS CARNATION ~VINGTON D~ DUV~ ENUM~ ~UAH ~O~ ~ ~O~ PA~ M~.E V~ ~INA ~ 1S~ ~N ~w~ NO. ANDY PA~ NO~ B~D ~MO~ ~N ~AM~ S~T~ $HO~ ODINVIL~ MEMORAN[ ~UM To: SCA I/lember Cities From: Lynd~ Date: FebrL ary 4, 1999 RE: 1999 Special Assessment At the Janu= approved to additional Se portion is att If you have contact Terr Thank you. Ring Edckson, Executive Director ~y 13, 1999 General Membemhip meeting, the motion was 3roceecl with a $70,000 special assessment to cover the ;A staff position. A copy of the worl<sneet ~ietalllng each city's ~ched. Please send that amount by July 1, 1999. ny questions regarding the special assessment, please ' Brazil, SCA Treasurer. .~ S11 S.K 36th Str=~ · Me, rce, r Isla~l, ~A 9~40-3732 1-800.26&141~ · (206) 236.7676. FAX (206) 23~3588 · email sca@halcyon.corn JA~ U¢ '~ IZ:33 FRO~:SUBURB~ CITIES +206 ....... +gE~T:,23G,,3.~,~ P.04/05 F'TS? MEETING DATE: April 6, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Federal Way Entry Signs CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: March 18, 1999 memorandum and attachments to the March 23, 1999 FEDRAC Committee ....... SUMMARY/BACKGROUND~ Two proposals have been presented to the FEDRAC Committee to enhance and identify the signage at the 16 main arterial entrances to the City and the four main arterial entrances to the City Center. Gene Loher, Project Coordinator of the Advancing Leadership Group presented options for signage at the 16 main arterial street entrances into the City of Federal Way. The intent of the project is to develop new signs for entering Federal Way that reflect the City's philosophy and would positively effect the image and vision of the City. The proposed signs would replace the current signage at locations now displaying the "Entering Federal Way" signs. Debra Coates, Economic Development Executive presented options for the design and location of proposed signage with the intent to identify the City Center. The primary goal is to create an identifiable City Center that serves as the social and economic focus of the city and to define a City Center with distinct boundaries, unique building types and special features. These signs would be installed at the four major intersections entering into the downtown area. CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 23, 1999 meeting the FEDRAC committee forwarded the following to the City Council with the recommendation to: ~ Endorse the proposal to provide distinctive signage at various entry locations to the City and to the City Center; and to ~ Direct the City Manager to estimate costs and to identify funds to provide staff support and other necessary resources to refine and implement the design and installation at appropriate locations for the distinctive signs of the City. ,~ :'~Z~'~:~ :~::~'~ ~'"~; ~¥[':~:~'"'"': CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NOACTION CCCOVER-5/24/94 K:\finance\'\323_B I COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: March 18, 1999 Finance, Economic Development and Regional Affairs Committee Iwen Wang, Management Services Director Federal Way Entry Signs Attached is a memorandum from Debra Coates, Economic Development Executive, regarding the designs and locations of the proposed signs to identify the City and the City Center. Debra Coates and Gene Loher, owner of Coffee Europa, representing the Advancing Leadership Program, will be available at the Committee meeting to present the proposal. Committee Action: Forward the proposal to full Council with recommendation to: ~' Endorse the proposal to provide distinctive signage at various entry locations to the City and to the City Center; and to Direct the City Manager to estimate costs and to identify funds to provide staff support and other necessary resources to refine and implement the design and installation at appropriate locations for the distinctive signs of the City. APPROVAL OF COMMITTEE ACTION: .-~ ./Dommi e~ a~r //Committee Member Committee Member K:~FINANCE\ \SIGN Memorandum March 15, 1999 Man/Gates, Chair FEDRAC ~=~=m= Debm S, Coates ~= Downtown Federal Way DISTINCTIVE SIGNAGE The Federal Way City Council 1997 approved Image and Downtown Revitalization Program sets forth as one of the goals to: Create an identifiable City Center that serves as the social and economic focus of the city. Define a City Center with distinct boundaries, unique building types and special features. To address the frequently asked question: "Where is downtown" and to define the downtown's distinct boundaries (Council program), a grant request was submitted to the City of Federal Way's Neighborhood Grant Program for $2,500. This funding will be used to create distinctive signage delineating the boundaries of Federal Way's downtown borders. The design submitted for your review and approval incorporates the gazebo logo, city colors, dearly identifies the 'downtown' component and includes the 'celebrate' theme. Suggestions are welcome. This grant was approved and will be matched through the donation of labor and materials. The signs will be installed in public easement or right-of-way areas and futura maintenance will be by the City of Federal Way. Four signs will be installed: 1) 2) 3) 4) 324~h and SR 99 northbound 11~h and 320m eastbound 312"~ and SR99 southbound 320m and I-5 westbound This sign concept was drawn by Larry Cater, formedy on the Arts Commission, and has been refined through additional community comment. To proceed with the project, the recommendations and approval of your committee is appreciated. CITY OF~ DATE: TO: FROM: SUBJECT: March 22, 1999 Mary Gates, Chair Finance and Economic Development Committee Cary M. Roe, Public Works Director ~ Federal Way Entry Signs As referenced in the March 18, 1999 memorandum to the Committee (March 23, 1999 Packet), attached is a proposal by the Advancing Leadership group for signage at City entrances and various other locations. Also as noted in the memorandum, Debra Coates and Gene Loher will be present at the meeting to present their proposals to the Committee. CMR.jg attachment k:[fedc~1999[signs, wpd Federal Way Chamber of Commerce Advancing Leadership City Gate Team Class of 1999 To-' From: Subject: Finance/Economic Development/Regional Affairs Committee Chairperson - Mary Gates Gene Loher - Project Coordinator John Chadweli - Engineering/design Barbara Tramelli - Grant Coordinator Margie Scrivener- Project Secretary Federal Way City Gate Signage BACKGROUND Last fall a subgroup of the advancing leadership class of 1999 established a project team with the intent to develop a project that would positively effect the image and vision of the City of Federal Way. This group, (the individuals above, with Ron Walker), embarked on a study of possible projects that would effect the image of our city and portray this image to visitors and the citizens of this great city. We explored various current and future projects which encourage the City's vision of the next decade. After careful consideration, this team chose to support and develop new signs for entering Federal Way that reflect the City's philosophy and align with the established standards. We coordinated and conferred with many individuals on the city staff including Debra Coates and Cari Roe. After seeing Debra Coates new City Center signage, we designed a sign with wording and graphics that would align with her direction. We are presenting the draft of our coordinated efforts for your consideration. PROPOSAL 1. Locate about 16 signs at the location now showing the "Entering Federal Way" signs. (See attached photo.) In addition, Debra Coates would like to locate 4 to 6 similar signs within the City Center. 2. The format is a suggestion for your review. The final wording and format could be altered as directed by you and/or the City officials. The 36" circle would require two mounting posts increasing the installation costs to about $100 per sign. The public works department has agreed to mount the signs at no cost to us. A suggestion was made to reduce the sign size to 30" resulting in one mounting post instead o f two. Labor for the planning and desgin of the sign is being provided by oar group. We have one bid fi.om a local fu'm at $150 for a 30" sign of the attached design. The bid is based on an order of 20 or more. CFhe suggested design meets the DOT requirements.) We are anticipating 50% of the funding would be provided by mini-grant fi.om the city for up to $2500. The additional 50% has been matched in kind by EMS for the engineering and design. REQUEST We are soliciting your approval of our design with possible modifications of your choice. Your approval is also requested for a mini grant for 50% of the project cost. Thank you in advance for your consideration and time. AL Class 1999 - City Sign Project Team Federal Way Sign Project Background or current situation The current city signs are located near the city boundaries on public roads. The signs are the green and white standard markings indicating" Entering Federal Way." Objective The project team would like to provide a process for delineating the boundaries of Federal Way with attractive "welcome" signs that represent the spirit of the City. The team is a part of the Advancing Leadership Class and includes John Chadwell, Gene Loher, Margie Scrivener, and Barbara Tramelli, Project Criteria We agreed the signs should meet the following criteria: Reflect the "place to live, learn, work, and play" theme. Incorporate the"Flying Federal Way logo. Incorporate the city symbol (gazebo). · Be visible to those entering the City. · Be placed at the boundaries with the highest traffic volumes. Reflect a professional and friendly image of Federal Way. · Align with the city beautification project. Project Proposal The project steps are listed below. 1. Determine the design. 2. Identify cost estimates. 3. Determine on-going sign maintenance. 4. Project approval and implementation. PL . . , . · : ,~. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Proposed Ordinance Amending the Federal Way City Code Related to Adult Uses CATEGORY: BUDGET IMP~ CT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) March 9, 1999 Memorandum to Phil Watkins, Chair and Land Use/Transportation Coumfittee (LUTC) from Stephen Clifton and Londi Lmdell ("Attachmem 1" - attachments to this Memorandum are part of record that is located in Council's offices); 2) Proposed Ordinance Amending the Federal Way City Code (FWCC) Sections 22-1, 22-794, 22-806 and adding a new Section 338.2 ("Attachmem 2" - includes LUTC and City Attorney proposed changes which are indicated by shadowing). SUMMARY/BACKGROUND: On February 17, 1998, the Federal Way City Council adopted Resolution 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, or other licences or permits under the Federal Way City Code for adult entertainment or adult retail uses until additional review could be completed and any necessary code revisions adopted by the Federal Way City Council. The City Council conducted a public hearing on April 7, 1998 to consider written comments, public testimony and materials presented by staff at which time they extended the moratorium to August 16, 1998. During a public hearing on August 11, 1998, the City Council voted to extend the moratorium to February 12, 1999 in order for City staff to review additional studies and draft regulations related to adult uses. The City Council voted on February 2, 1999 for a 6 month renewal of the moratorium. City Staff presented proposed Federal Way Zoning Code amendments to the Federal Way Planning Commission on February 3, 1999. The hearing was continued to February 17, 1999 at which time City staffpresemed additional information in response to Commissioner questions. Pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed amendmems in light of the decisional criteria outlined in Section V of Attachmem 1. By a majority vote of the emire membership (7-0), the Planning Commission recommended that the City Council adopt the proposed code amendments attached. A copy of the full Record including the Staff Report to the Planning Commission and subsequem submittals is available for your review in City Council offices. On March 15, 1999, the LUTC reviewed the Community Development Director's Report related to the recommendation of the ?lannmg Commission. The LUTC voted to forward the recommendation of the Planning Commission to approve the proposed Ordinance to the full City Council. The LUTC also proposed changes to the proposed new FWCC Section 22- 338.2. Subsequent to the LUTC meeting, the City Attorney requested further revisions to Section 22-1 and Section 22-338.2 as indicated by shadowing in the attached Ordinance (see Attachment 2). g.a.. ..... CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the Planning Commission's recommendation to approve the proposed Ordinance subject to language changes proposed by the LUTC. CITY MANAGER RECOMMENDATION: Approve the proposed Ordinance with the proposed changes recommended by the LUTC and the City Attorney. D,~ ~ ~ /" y , ............................................................................................................................................. ......................................................... .... APPROVED FOR INCLUSION IN COUNCIL PACKET: (~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K: Lt~GNDITEM~ADLTRET.406 Attachment 1 DATE: March 9, 1999 TO: FROM: Chair Phil Watkins Land Use/Transportation Committee (LUTC) Stephen Clifton, AICP, Director of Community Dev rvices Londi Lindell, City Attorney SUBJECT: Planning Commission Report Relating To Adult Uses Proposed Amendments To The Federal Way City Code I. BACKGROUND Adult uses are currently regulated by Chapter 22 of the FWCC. Section 22-1 defines adult uses while Sections 22-794 and 22-806 identify applicable regulations. Adult uses are allowed in the City Center Core and Frame zoning districts subject to a 1,000 foot separation requirement from other adult uses, public parks, libraries, day cares, schools, places of religious worship and other zones which allow residential outright. Existing zoning regulations, relating to adult uses, were adopted in 1990 upon incorporation of the City. In 1995, the City reviewed the impacts of secondary effects of adult entertainment facilities and based on the information presented to and reviewed by the City Council, revisions to the Federal Way City Code, relating to licensing and standards of conduct, were adopted. On February 17, 1998, the Federal Way City Council adopted Resolution 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, or other licences or permits under the Federal Way City Code for adult entertainment or adult retail uses until additional review could be completed and any necessary code revisions adopted by the Federal Way City Council. The City Council conducted a public hearing on April 7, 1998 to consider written comments l public testimony and materials presented by staff at which time they extended the moratorium to August 16, 1998. During a public hearing on August 11, 1998, the City Council voted to extend the moratorium to February 12, 1999 in order for City staff to review additional studies and draft regulations related to adult uses. The City Council voted on February 2, 1999 for a 6 month renewal of the moratorium. II. REASON FOR COUNCIL ACTION III. IV. Vo Pursuant to Federal Way City Code Section 22-537 (See Section VII of this report below), the City Council is responsible for taking final action on zoning text amendments. Section 22-536 requires that the Director of Community Development prepare a Planning Commission Report containing a copy of the proposal along with any explanatory information, and the Planning Commission recommendation, if any, on the proposal. PLANNING COMMISSION RECOMMENDATION City Staff presented proposed Federal Way Zoning Code amendments to the Federal Way Planning Commission on February 3, 1999 (see Attachment 2). The hearing was continued to February 17, 1999 at which time City staff presented additional information in response to Commissioner questions (see February 12, 1999 letter from Stephen Clifton to Federal Way Planning Commission). Included within this submittal is the most recent revised proposed amendments from City staff. Pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed amendments in light of the decisional criteria outlined in Section V of this report. By a majority vote of the entire membership (7-0), the Planning Corranission recommended that the City Council adopt the proposed code amendments referenced. Attached to the February 12, 1999 letter is the most recent revised proposed amendments and ordinance. PROCEDURAL SUMMARY February 3 & 17, 1999 Planning Conunission Public Hearings March 15, 1999 City Council LUTC Meeting DECISIONAL CRITERIA Sec. 2'2-523. Zoning Text Amendment Criteria The city may amend the text of Chapter 22- Zoning only if it finds that: (I) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) purposes, goals and policies: FWCP Purpose, Pg. VII-I: "Create an identifiable downtown that is the social and economic focus of the City ". FWCP Statement, Pg. VII: "Establishment of an itr[~atl center that is a vibrant; ttniqlte, and attractive place to work". FWCP CCG5: "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit ". FWCP CCP8: "Establish guidelines which list compatible uses ". FWCP CCP12: "Develop guidelines that ensure effective transitions between different land uses and higher and lower densities ". The proposed regulations are consistent with the purpose statements, policies and goals of the Comprehensive Plan, i.e., they will help to minimize secondary adverse impacts caused by adult uses and require a minimum distance separation between adult uses and non-compatible uses. Not adopting appropriate regulations as proposed would work against the vision and direction for the City Center and City as a whole because adverse secondary impacts would not be adequately regulated. (2) The proposed amendment bears a substantial relation to public health, safety and welfare; The proposed amendments are intended to protect the general public health, safety and welfare of the citizenry of the City by regulating of the location of adult entertainment, activity, retail or use. The proposed regulations are also intended to control the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities. Reasonable regulation of the location of adult uses will provide for the protection of the coinmunity, protect residents, patrons, and employees from the adverse secondary effects of such facilities. and (3) The proposed amendment is in the best interest of the residents of the city. It has also been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such business under their jurisdiction to ensure the adverse secondary effects of the uses are minimized. In this regard, the interests of the City are well served by adopting proposed amendments which: 1) more clearly define what types of adult uses are regulated, 2) allow adult uses only within a specific geographic area, 3) minimize secondary impacts through separation requirements 4) address the issue of compatibility, and 5) provide for 3 amortization of existing nonconforming adult uses. VI. LAND USE AND TRANSPORTATION COMMITTEE ACTION City Staff requests that the Land Use and Transportation Committee recommend the full City Council adopt proposed amendments to the Federal Way City Code related to Adult Uses (See Section VII below). VII. COUNCIL ACTION Pursuant to FWCC, Section 22-537(c), after consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership take the following action: 1. Approve the proposal by adopting an appropriate ordinance; 2. Modify and approve the proposal by adopting an appropriate ordinance; 3. Disapprove the proposal by resolution; or Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. NOTES: 1) The February 2, 1999 memo to the Planning Commission references Part One of a Two Part exhibit (Exhibit I of the Staff Report to the Planning Commission) relating to Studies of Secondary Impacts of Adult Entertainment and Retail Establishments. These parts have been consolidated as part of this report (Attachment 2) 2) The February 12, 1999 letter from Londi Lindell regarding Summary of Studies, Cases and Police Records states that Studies 2, 5, 7, 8 and 14 were not summarized (Exhibit I of the Staff Report to the Planning Commission) and should be discarded. These studies deal with the secondary effects of adult entertainment vs. adult retail establishments. As such, they are not included as attachments to this report. Attachments Attachment 1 Attachment 2 Attachment 3 Proposed Ordinance and Amendments to Federal Way City Code Sections 22-1, 22- 338, 22-794 and 22-806. January 27, 1999 Staff Report to the Federal Way Planning Commission Prepared by Greg Moore. Includes consolidated Studies of Secondary Impacts of Adult Entertainment, Retail and Other Activities. February 2, 1999 Letter to the Federal Way Planning Commission adding material to Attachment 4 Attachment 5 the record. February 12, 1999 Letter to the Federal Way Planning Commission from Stephen Clifton Regarding Additional Information for the February 17, 1999 Planning Commission Hearing. Attached information includes two February 12, 1999 letters from Londi Lindel regarding 1)Amortization, and 2) Smnmary of Studies, Cases and Police Records on Secondary Impacts of Adult Retail Establishments. Also attached to the letters are the February 3, 1999 Federal Way Planning Commission hearing minutes, Proposed ordinance and revisions to Items B, C, and D of Exhibit A amending Federal Way City Code Sections 22-1, 22-338, 22-794 and 22-806. February 17, 1999 Federal Way Planning Commission hearing minutes. I:\ADULTUSE\DIRECTRS.RPT/March 10, 1999 5 Attachment 2 ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNC1L OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATION REQUIREMENTS, AND ADDING AMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHERE^S, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and ORD # ., PAGE I WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail, or use have a detrimental effect on both the existing businesses around them and the surrounding residential and commercial areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; and WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the uses are minimized; and WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment, activity, retail, or use. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington ORD # , PAGE 2 State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment, activity, retail, or use; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials; and WHEREAS the Federal Way Planning Commission, having considered the proposal at public hearings during 1999, pursuant to Federal Way City Code (FWCC) Section 22-30, and all public notices having been duly given pursuant to FWCC Section 22-528; and WHEREAS the public was given opportunities to comment on the proposal during the Planning Commission review; and WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on December 17, 1998; and WHEREAS following the public hearing, the Planning Commission submitted to the Land Use/Transportation Committee of the City Council its recommendation in favor of the proposal, adding sections to the FWCC as noted; and WHEREAS the Land Use/Transportation Committee of the City Council met to consider the recommendation of the Planning Commission and has moved to forward the proposal, with amendments, to the full City Council; and WHEREAS there was sufficient opportunity for the public to comment on the proposal; Now, THEREFORE, THE CITY COUNCIl. OF THE CIIY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD # , PAGE 3 Section 1, Findings. Federal Way makes the following amendments to the FWCC: After full and careful consideration, the City Council of the City of findings with respect to the proposal and the proposed 1. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on December 17, 1998; and 2. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 3. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held a public hearing on the proposed amendments and has considered the testimony, written comments, and material from the public by and through said hearing. Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP) purposes, goals, and polices: FWCP Pg VII-1 FWCP Pg VII-1 FWCP CCG5 "Create an identifiable downtown that is the social and economic focus of the City." "Establishment of an urban center that is a vibrant, unique and attractive place to work." "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit." ORD # , PAGE 4 2. The proposal bears a substantial relationship to the public health, safety, and welfare. 3. Zoning and text amendment criteria under FWCC Section 22-523 are met. Section 3. Amendment. The FWCC, Chapter 22-1, Definitions, is amended and FWCC, Chapter 22, Nonconformance, is amended by adding a new Section 22-338.2, as set forth in the attached Exhibit A, and Chapter 22, Zoning, Sections 22-794 and 22-806 are amended as set forth in the attached Exhibit B. Section 4, 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 any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date, This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of ~ 1999, CITY OF FEDERAL WAY MAYOR, RON GINTZ ORD # , PAGE 5 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:\ORDIN~DULT.RET ORD # , PAGE 6 EXHIBIT A Chapter 22 of the Federal Way City Code is hereby amended as follows. A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows: Adult entertainment~ activity~ retail, or use shall mean all of the following: (]) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified--sexual activities--or "specified anatomical areas" (defined as follows below) for observation by patrons therein and which excludes minors by virtue of age. Adult cabaret entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in section 9-71(A) and (B) of the FWCC. 30_) Panarama andpeepshow shall mean as defined in section 9-71(I) and (J) of the FWCC. Ad, it retail shall mean a retail establishment which, for money or any other form of consideration, either: Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult oriented merchandise; or, Be b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or for viewing or use, off the premises, any adult oriented merchandise. Adult oriented merchandise shall mean any goods, products, commodities, or other wares. including but not limited to, videos, CD Rom's, DVD'$, magazines, books, pamphlets, posters, cards, periodicals, or non-clothing novelties which depict, describe, or simulate specified anatomical areas or specified sexual activities (defined below). Specified anatomical areas shall mean the following: a. Less than completely and opaquely covered human genitals, an~s. pubic region, buttock. or female breast below a point immediately above the top of the areola; or b_. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following~ a. Human genitals in a state of sexual stimulation or arousal: Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality: o_r_r c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed, of oneself or of one person by another: or ~ E~C~etO~ functions as:: part io~ O!~:!n! ~onnection With:: any:: of ~he activities set fO~h in thiss~fion~ Activities and uses defined as adult entertainment, activity~ retail, or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. The Special Regulations and Notes of Use Zone Chart (CC-C) (Sec. 22-794, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. The Special Regulations and Notes of Use Zone Chart (CC-F) (Sec. 22-806, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. D. The following section shall be added to Chapter 22: Sec, 22-338.2. Nonconforming adult entertainment, activiW, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this ~ode, which are:either made: nonconforming by this C0de or ~hich are existing n0neonforming uses shall be terminated within one (1) year; provided, however, that such termination date may be extended upon the approval of an application filed with the city's Community Development Director within 120 days of the effective date of this code provision requesting an extension to such one (1) year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1~ 1999. which precludes reasonable alternative uses of the subject property. K \ordm~adltexa2 wpd '~' REGULATIONS REQUIRED ~ -' ~V~W PROCESS ~ ~ m '~' REGULATIONS ~V~W PROCESS FRONT S~E (each ~X~ ~IGHT OF smuc~ P~G SPACES