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.
Maaaoem~ervices Dir..~....o.r _ , 'x
.................................................................................................................................................~~"I~L COMMITTEE RECOMMENDATION: ~~ ..................
~'~'~''~''~"e~'~- ~ ........
~ ' .
.................... .......... ..........................................
CITY MANAGERRECOMMENDAT O : ~l! f~?. ~-/ ,/:'
......................................................................................................................................................................... .............................
...............
APPROVED FOR INCLUSION IN COUNCIL PACKET: (~t~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
ORDINANCE #
FIRST READING
ENACTMENT READ
RESOLUTION #
CCCOVER-5/24/9~
H
0
Oo
0
0
I~ o
0
0
r'q
o
o
~ o
I1'
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
0
0
0
H
H
H
O0
o~
~0
ri
0
0
c~O
o:>
0
o
0
o
H
0
0
0
0
H
o
O~
~0
o
0
0
0
o
0
0
o
0
~o
o
0
~0
~0
L~
0
0
c~O
o:>
~0
0
,--I
o
0
O~
0
D
O~
0
O~
H
o
~o
0
o
ciO
o~>
0000
00o0
0
0
o
0
o
~o
o:>
0
H
o
o
O~
mm
Ic~
Oo
o
I.-I
o
0
o
0 o
~0 o
~ o
~ o
> o
~0
~D
~ 0
0
0
0
0
~0
o~>
0 ~
o ~00~~
0 00000000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
~0 ~0 ~0 ~0
O~ O~ O~ O~
uO
~ II
~-~ II
I.-I
II
II
II
II
II
II
,~ ~J
~ o
o
0
"El
rj
(30 0 I.n U3 (:3
0 0 0 0
0 0 0 0
~0 ~0 ~0 ~0
o~ o~ o~ o~
H
o
U
o
U
0
.~
H
o
o
:>
0
~ o
0
o
0
~ O0 0000~~ 00~
0 O0 0000000000 000
00000~0~ 0~
0000000000 N~
O~
0'~
O0
H
o
0
~0
o
0..-~
~o
- 0
0
H~
~ ~ ~ ~ ~ 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
~O ~O ~O ~O ~O ~U
~0 ~0 ~0 ~0 ~0 ~0
o~ o~ o~ o~ o~ o~
o
0
0
o
0
0
0
0
[j.] oo
~0
H
.u
o
0
I.-t
O3
o
~ o
J,J
>
I.-I
U ~
· ~10
0 ~
o
~
0
,-~
0
0
0
C~ O
o~o
o~>
C~
t~
0
o
0
o
0
o00
o0o
000
0
0
0
~ 0
~0
o
oo
H
om
>
0~
0
o
0
o
~J~
~D
Oo
~J
0
~J
0
~J
>
o
;>
o
,13
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
~0 ~0 ~0 ~0 ~0 ~0
o~ o~ o~ o~ o~ o~
C'-
0
O~
.uo',
Oo
0 0 0
D'- ~1~ 0
oo o 1.13 0 0
O0 0 M3 0 0
(",1 (",1 r- ,-I ,,~ [--
o 0 o
D- ~ o
~ ~ ~:)
I--I
0
rj
('N 0 0 0
{'- I~} 0 o 0 0
Ia~ ,--t ,-I ,-I ol
O
O
H
O
o
rD ..
O0 0
Hr.)
0~~0
0~0~ 0
HHHHHHHHH
000000000
00000OO00
HHHHHHHHH
0000000o0
0
0
0
~o
O O O O O O
O O O O O O
~0 ~0 ~O ~U ~o ~0
~0 ~0 ~0 ~0 ~0 ~0
o~ o> o~ o~ o~ o>
o
II
0
"(3
o
o
o
o,1
o
Ir)
o
0000000000000 ~
OOOO000000
.............
OOHHMHMHH~H~O H~
0000000000000 000
O~
O~
~0
o~>
o
Z
0
c~
o
H
H~
0
0
(',aO
o> o:>
{--
o o
mz
o%o%
o%o%
oo
o4o%
z.
z
[no
~o ~o ~U ~o ~O ~o ~o
~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0
o> o> o> o~ o~ o> o~
o
{JO
O0
II 0
II
II
II
11
II
I1
II
II
II
II -H
II
II
II
o
0
o
H
0
Ol 0 i'" O0 0 ~ 0
l"- ~'~ 12~ Oi 0 ,-I 0
oo
0
0
0
0
o~0
o~
~1~
0
0
~o
H~
0
o
0
c~O
H
,',.0
o
o~O
o~
0
0
o
0
Z
o
0
0
0
0 °°
o
0 0
,-~ 0
0
0
c~O
o>
0
0
c~O
ul
~ 0
0
rj
~ o
n~
.ii
o
rtl
I.-i
o rj
0
o'~
~>
0
(~
rj
o
r./}
~0
o
0
~0
o~,
00000000000 ~ ~ ~ ~ 0 ~ ~ 0 ~ 0000
o0000000o00 ~ ~ ~ ~ ~ ~ ~ 0 ~ ~
000000000~0 ~ 0 ~ ~ ~ ~ ~ ~ ~ 0~
n~
0
c~0
o:>
0
0
0
H~
o0
o~
0 ~ ~ ~ 0 ~ ~
0 0 0 0 0 0 0
0 0 0 0 0 0 0
~o ~o ~o ~o ~o ~o ~o
~0 ~0 ~0 ~0 ~0 ~0 ~0
o> o~ o~ o~ o~ o~ o~
o{~
o 0 u3 ~,. o M)
o o
o ~'3 ~ ,~ o
o ~) o ~
~ (~3 ~ r-{ 0
O0
II
II
II
II
II
II
II
II
II
II
II
II
II
II 0
rj
~ o o~ o o~ o o~ o o~ o o~ o c~ o o~ o ~ o o~ o
o~ 0 o~ 0 c~ 0 ~ 0 o~ 0 ~ 0 ~ 0 o~ 0 ~ 0 ~ 0
o~> o~> o~> o~> o> o> o> o~> o~> op, o~>
0 0 0 0 ~ O0 ~ O~ ~ ~0~0 0 0 ~ 0 ~
0 0 0 0 ~ O0 ~ ~0 ~ ~0~0 0 0 ~ 0 ~
0 ~ 0 ~ ~ O0 ~ ~ 0 ~0~0 0 0 ~ ~ ~
~ ~ ~ ~ H ~ ~ ~ 0 ~ ~ ~ ~ 0 0
0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ 0 0 0 0 ~ ~ ~ ~
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~O ~O ~O ~O ~O ~O ~O ~O ~O ~O ~0 ~0 ~O ~O ~0
~0 ~0 ~0 ~0 ~0 ~0 ~0 mO ~0 ~0 ~0 ~0 ~0 ~0 ~0
O> O> O> O> O> O~ O> O~ O> O> O~ O> O~ O> O>
0
E~
U
U
~o
o
0
00000000000
00000000000
00000000000
00000000000
0
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
~0 ~ 0 ~0 ~0 ~0 ~0 ~0 ~0 ~0
o~ o~ o~ o~ o~ o~ o~ o~ o~
0.~
o
o
c~O
o
o
o~
o~
~:)
o
o
II ~ o
It ,IJ .
II 0 '~
I1 E~ t~
II ~ IX)
II
II r,.) ct~
I!
II
II
II
II
II
H
fl
II
II ~ ~ ~ oo o
II *H ~ ~ ~ 0 o o
II ~ *-- · *
II ~ ~ ~ oo
II o~ ~ ~
II ~ -
II 0
II
fl
II
II ~ ~
II ~ ~ ~ ~
II ~ ~
II 0 ~ ~
II ~ ~ ,
11 ~
II U//
II ~ ~
II
o o
o o
o {,1
0 ~ 0 0 0 0 0
0 ~i 0 0 0 0 0
IZl 0 ~ 0 0 0 0 0
IZl 0 I~ 0 0 0 0 0
~'~ o
~0 ~0 ~0 ~0 ~0 0 ~0 HO ~0 O0 ~0 ~0 ~0
H ~ H ~ ~ ~ 0 H 0 ~ 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
~O ~O ~O ~O ~O ~O ~O ~O ~O ~O ~O ~O ~O
~0 ~ 0 ~0 ~ 0 ~0 ~0 ~0 ~0 ~0 ~0 ~ 0 ~ 0 ~ 0
o~ o~ o~ o~ o~ o~ o~ o~ o> o~ o~ o~ o~
0 0 0 0 0 0 0 0 ~ H ~ ~ ~
o
H
0
H
o
o
H
~0
0
0
~0
o:>
ri
o
H
H
O~
r~o
0
0
o
cO
0
0
o
E~
0,~
(JO
0 0 U3 ~.O 0 0 0 0 0 0 I~1 0
0 0 O~ ~'- 0 0 0 0 0 0 ~1~ o
,, o ,~ o, o ~- ,0 ~ ~ ,~ ~ o
0000 0 ~ ~ 0 0 0 0 0 0 ~ 0
oo
~rj
0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~
~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o
~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0
o~ o> o> o~ o> o~ o> o> o~ o~ o~ o~ o~
II
II !~
It
il ~J
II
II
II 0
II
II
II
II
II
II
II
U
Il RI o
fl J.~ ·
II 0 tn
II E-' ('4
Il
II ~
II ~
II ~
II ~
II ~
II
II
II
II
II
II
II
II
II ~ o
II ~
II ~
0
u~
Oo
II
II
0
m 0
o
o~
r~
0
..~
U
~J
0
>
U
0
0
o
o
0
oo
om
~m
,-~
0
0
o
c~O
o>
o
0
0
r~.
H
o
~0
o~
o
o
o U
mO
o>
o
r~
o
o
~m
0
0
o
o {J
~0
o>
0
DO
0
0
t~
o
o
0
o
o
H
H
o
~0
r~O
o>
Lr~
U~
0
0
{Jo
~.m
~:~
mO
o:>
o
o
o~
o
~0
o
o
0
-0
o
mO
o>
u~
0
o
o
0
Z
Z
o
i
[~o
mO
o:>
co
o
o
0
o
o
0
H
Z
o>~
~o
ZZ
0
oo
mm
OO
0
o
o~
0~
0
0
o
~D
m
O~
Z0
0.~
~ 0 ~ ~ ~
~ 0 0 0 0
~ o o o 0
0 o 0 o 0
o o o 0 o
~ .. ~ .. ~ .. ~ .. ~ ..
~0 ~0 ~0 ~0 ~0
o> o> o> o> o>
o
~m
H
0
0
>
O~M
HHH H
HHH ~ H ~
00000000000 O0
00000000000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
m mO ~0 mO
0 O> O> O>
'~.:3
mO
o:>
o o o
o o o
o o o
o o o
mO mO mO
o> o> o>
o
0
H
0
0 0 {'" 0 o
~0
0 ~
0 ,~
m~
H~
o (33 0 0 0 P3
~0 ~0 ~0 ~0
o> o~ o> o>
0
0
0 ,'-'1 ('4 ~ ~)
O0
II
II
II
II
Im
Oo
~ 0 m 0 ,"q 0 ~ 0 m 0 ~ 0 m 0
o> o> o> o> o> o~ o>
H
Oo
0
0
0o0
0o0
u~ ul Ul
O5O%O%
O~
o~
o
0
H~
0
o
o
mO
H:>:>
:>0o
o~
ul Ul ~0
00o
000
000
o
0~0
- ~j
~0
0
o
o
~0
o:>
0
u~
~--
H
~0
o>
~0
ul
o
0
o
0
0
H
z
o
0 ~0 ~
0 0 0 o
CD 0 0 0
0 0 0 0
0% .- 0'%-- 0%., ~ .-
~0 ~0 ~0 ,~0
o:> o:> o:> o:>
mO
0
Im
Oo
~z
OH
HO
O~
0
rO ,-leo
~ mm
H t'~t'~
o
o
0
~ o
~> o
o~
¢~ ~ 0
o
u~
,-4
0
~D
~0
o
u~
O
O
o
~0
o>
o
u~
u~
~o
O0
0[3
0 0 0 0
0 0 0 0
0 0 0 0
~0 ~0 ~0 ~0
o~ o~ op o~
,mO
0
(%)
QO
N~
m~
m0
u~
Im
Oo
0
~)
U
0
>
0
0
0~0
0 0
H
H
O~
mm
0
Z
~0
O~
0
0
H
rom
03O
- 0
~0 ~0 ~0 ~0 ~0
o:> o:> o:> o> o:>
0000
0
0
0
0
o~ h
~0
O>
0
0
rn
0
(J
0
t~
00
0
0
Om
0
o
E~
0
Z
0
r~
0
U
0
H
~:m
0
0
0
~0
O>
{JO
II ~-~
II ~
II ,iD
, 0
II E-~ ~'~
II
Il
Il
0
Il 0
II -,-I
II ~J
II 04
II -~1
II
~ II 0
0
0
~0 U'~ ~ 0 0 I~
0
0
O0 ~ ~ ~ ~0 ~
O0 00000000
OHO,
O0 ~0~~
O0 O0 ~ O0 000 0 O0
~ 0 ~ ~ ~
~ .- ~ .- ~ .- ~ .. ~ .. ~ ..
~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0
~0 ~0 {nO ~0 ~0 ~0
o:> o:> o:> o:> o>
mO mO mO mO mO mO mO mO
o> o> o~ o> o> o> o> o>
o
{D
~J
o
>
0
0
o
o ~
0 o 0 0 0 0 0 o 0
o o 0 o o 0 o o o 0
m~ m~ m~ m~ m~ m~ m~ m~ m~
mO m 0 mO mO mO mO mO mO mO mO
o> o> o~ o> o> o> o> o> o> o~
mO
o:>
Lf~
L~
0
0
0
~>
I-,I
0
~o~
ooooooooo
ooooooooo
ooooooooo
o
o
o
o
0
o
o
oo
O0
oo
~0
oo
O03
c~t.D
OlD
LDLD
0 0
o
p.
o
m mO mO mO mO mO mO mO mO mO
o o:> o:> o:> o> o:> o:> o:> o> o:>
O0
m.cl
~ O
mO
o:>
oo
~0
O~
~0
o:>
,-4
O0
r. jCj
O0
cq0q
oo
0
0
~0
o
~0
o:>
o
Oo
0
o
o
Z
z
o~
oo
~ ~ ~ oooo o
Z~
~o
~0 ~0 ~0 ~0 ~0
o> o> o> o~
Z~
~o
o
~'m
~o ~o ~o ~o ~o ~o
mO mO mO mO mO mO
o> o> o> o> o~ o~
H
o
0
o
o
0
H
o*
H~
0
~ 0
o
{J
U
~D .
~ 0 ~0 ,~ ~0 0
.u
o
{J
o
0
>
o
'u
~0 ~0 ~0
mO mO mO
o> o> o>
0 0 0 0 0 F~ 0 0 0 0
0 ~ ~ 0 0 ~ 0 {~ 0
0 0 0 0 0 ~- 0 0 0 0
~D 0 0 0 0 ~ 0 t~ 0
r4
I1
~ , o
II ~-~
i~ II
rj
aj
Q~
~J
0
0 0 ~
H ~
II 61 ·
· ' II 0 (~
~ II
y
E~ 0 O0 0 0
z ~ ~
~ 0 ~
D 0 ~
0
,-~
0
L~
0
Z
0
0
~ 0 m 0 ~ 0 ~ 0 ~ 0 ~ 0 {~ 0 ~ 0 ~ 0 ~ 0 {n O
o:> o> o:> o> o> o:> o:> o> o:> o> o:>
H
O0
0
0
0
o
0
0
o
o
~>
~o
0
"0
o
o
~0
O~
O~
0
o
0
oo
o
0
o
~0
~o
H ~
:Em
0
0
o
o
O0
~m
(~
ZO
oo
~0 ~ 0 ~0 ~0 ~0 ~ 0 ~0 ~0 ~ 0 ~0
o> o> o> o> o> o> o> o> o> o>
0
{J
0
II
>
H
{J
o
o
o
o
0
rj ~
0
~0
O~
0
o
o
o
0~
0
o
E'- o
o
~-~
m~
{JO
Z~
H 0
0
mo
c~
O~
0
0
O~
o
o
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
mO ~0 mO mO mO mO mO mO mO
o> o> o> o> o> o> o> o> o>
0
ri
o
Oo rj
0 0 0 ~ ("4 ~ (D D'" ~ 0 0 0 %D 0 0 0
oo ~ ~ Z
~ ~ t ~o o ~
~ ~ ~ oo ~ ~ ~
~ ~ ~ 0 ~
~ ~ ~ ~ 0
~ ~ H ~
Z H ~ ~ 0 ~
o> o> o> o> o> o> o>
o> o> o> o> o> o> o> o> o~
o
{J
0
o
0
>
0
0
0
0
0
0
o
o
0
0
0
0
0
0
0
o
0
0
0
0
0
0
H
0
0
0 {~l 0 00 0
~o
o
o o o
~ o o ~
D .- H .. ~ .. ~ .. > ..
0 HO 0 ~0 -0
O~ ~ ~ Z~ ~
o0
o~
o~
o~
mtn
:~0
o~
~0
-0
~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0
o~ o~ o> o> o~ o~ o~ o> o> o> o> o> o> o~ o~ o>
II ,-.I
II
II 0
Il
ii
0
0
0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0
{J
tJ
~J
0
o o o
o o o
~0 ~0
o> o>
~O ~O ~U ~U
~0 ~0 ~0 ~0
o> o> o> o~
t~
0
~J
0
o
o
~ ~J
o:>
c~
MEETING DATE: April 6, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: February Financial Report
CATEGORY:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
BUDGET IMPACT:
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: February Financial Report
SUMMARY/BACKGROUND: Month of February 1999
CITY COUNCIL COMMITTEE RECOMMENDATION: Was approved by the
Finance Committee during their meeting on March 23, 1999.
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