Loading...
Council PKT 05-04-1999 Special/RegularCity of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watldns CITY MANAGER Kenneth E. Nyberg Office of the City Clerk MAY 4, 1999. II. III. FEDERAL WAY CITY COUNCIL Council Chambers- City Hall May 4, 1999 (www. c/federat-way, wa. u~) SPECIP, L SESSION - 4:30 IriVI CALL MEETING TO ORDER PARKS & RECREATION COMMISSION INTERVIEWS AD$OURNMENT REGULAR MEE~G - 7:00 PM CALL MEETING TO OP~ER PLEDGE OF ALLEGIANCE PRESENTATIONS Certificate of Recognition/Washington State Petite Teen International Proclamation/Police Memorial Week Proclamation/N~tional Elder Law Month Parks & Recreation Commission Introductions/Certificates Planning Commission Introduction/Certificates CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE,DEPUTY ~LERK PRIOR TO ~PEAKIN(]. Citizens may address City Council at this time. When recognized by the Mayor, please come.forward to the podium, adjust the microphone to proper height, and state your name and address for the record. 'PLEASE LIMIT YO[IR REMARI~ TO THREE O) MINUTES. The Mayor may interrupt citizen cotnments that continue too long, relate negatively to other individualx, or are otherwise inappropriate. over please... VI. CONSENT AGENDA (ltenu listed below have been previously renewed by a Coun~l Committee of three members and brought before full Council.for approval; all lt~nt will be enam~ by one m~tlon; individual tten~ may be removed by a Councitmember for ~m~t~ ~t~ and t~gue~ hungry) a. Minum/ Ao_ ta 20.1~ a _~g~__ar .V~ing b. Voucher/May 5. 1999 c. Monthly Financial Repo~ ~ 1999 d. Council Bill # 220/Fire Code Amendmen~tment Ordinance e. Council Bill g221/Nuiaanee/Noiae Code Amendment & Vehicle Storage Code Amendment/Enactment Ordinance f. Council Bill g222/New Civil Violatiom Chapter COUNCIL BUSINESS Parks & Recreation Commission A__v~ointments_ ~ Indoor Billiard Appeal/Council Findings//~o.-d~ Lakehaven Utility District Comprehensive Water System Plan/Resolution Puget Sound Air Pollution Control Proposed Assessment CITY MANAGER REPORT CITY COUNCIL REPORTS EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.1 lO(1)(_i) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** PROCLAMATION "PEACE OFFICERS MEMORIAL WEEK" & "PEACE OFFICERS MEMORIAL DAY" WHEREAS, the peace officers of the City of Federal Way, Washington, are known for their devoaon and deth'catlon to the punuit of preserving the peace and safety of every man, woman and child in the city; and WHEREAS, the peace of. fleers of the City of Federal Way are engaged in a dO~ficult and often dangerous profession, which, at times, can lead to injury or even death of the officer; and WHEREAS, the peace offwers of the City of Federal Way each day endeavor to reduce crime in our community, danger on our streets and highways, injury and death to our citizens and all other types of harm to our people; and WHEREAS, the peace officers of the City of Federal Way also engage in crime prevention programs designed to fuffher enhance the peace and safety of all citizens; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do proclaim the week of May 9-15, 1999, as "PEACE OFFICERS MEMORIAL WEEK", and May 15, 1999, as "PEACE OFFICERS MEMORIAL DAY", anddo further encourage community support and recognition of our city's peace officers and their dedication to the citizens of the City of Federal Way. SIGNED this 4th day of May, 1999. CITY OF FEDERAL WAY Ron Gintz, Mayor Michael Park, Deputy Mayor Mary Gates Jeanne Burbidge Linda Kochmar Jack Dovey Phil Watkins PROCLAMATION "NATIONAL F_,T~I~ER. LAW MONTH" WI-W~AS, the month of May traditionally has been proclaimed as Older Americans Month; and WHF~REAS, May is also observed as Law Month nationwide; and WHEREAS, older Americans have require special attention and knowledge; legal needs that NOW, THERI~.FORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim May 1999 "National Elder Law Month" in the City of Federal Way, and call on all citizens to join us in recognizing thin very important month. SIGNED this 4th day of May, 1999. CITY OF FEDERAL WAY Ron Gintz, Mayor Mary Gates, Councilmember Linda Kochmar, Councilmember Phil Watkins, Councilmember Michael Park, Deputy Mayor Jeanne Burbidge, Councilmember Jack Dovey, Councilmember' 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: Minutes for April 20, 1999 regular meeting SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall - 7:00 PM April 20, 1999 DRAFT CALL MEETING TO ORDER Mayor Gintz called the Regular Meeting of the Federal Way City Council to order at 7:06 PM in the Council Chambers, City Hall. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar and Phil Watkins. Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Manager Bob Sterbank, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Burbidge led the Pledge of Allegiance. III. PRESENTATIONS a. Proclamation/Youth Recognition Week Councilmember Dovey proclaimed the week of April 19-23 as Youth Recognition Week and announced there will be a ceremony on April 22, 1999, at Dumas Bay Center, for Youth Recognition Night. Councilmember Dovey presented the Proclamation to Youth Commission Chair Kevin Jones and Con,mission Member Sue Park. b. Proclamation/Federal Way Fire Department 50th Year Celebration Councilmember Dovey read a Proclamation honoring the Federal Way Fire Department's 50th Year Celebration and presented the proclamation to Fire Chief Jim Hamilton. Chief Hamilton thanked the Council, and, in return, presented the Council and City Manager with plaques displaying the patch commemorating the department's 50t~ Year Celebration; he also introduced Fire Department personnel in attendance. c. Diversity Commission Introduction/Ce~ificate Councilmember Dovey introduced Diana Mamerto Holz as the newest member of the Diversity Commission and presented her with a Certificate of Appointment. City Council Regular Meeting April 20, 1999 - Page 2 d. Economic Development Update Economic Development Executive Debra Coates updated Council on various issues including marketing strategies, International District design update, Sound Transit Design Charette and the design of the brochure which will highlight amenities of the city. e. Tacoma Water Secondary_ Supply Project Update Park Planner/Development Manager Jon Jainga updated Council on the Tacoma Water second supply pipeline project scheduled to begin in June. Mr. Jainga stated the pipeline will begin in Tacoma and run along the BPA trail from the Aquatic Center to 1st Way South. Since the project begins in Tacoma, it most likely will not reach the Aquatic Center area until August or September, so should not cause any interruption in the Olympic Synchronized Swimming Trials scheduled for June. f. Emerging Issues City Manager Kenneth Nyberg stated there would be no emerging issues report. IV. CITIZEN COMMENT Gilbert Levy, Attorney for Blue Video, asked Council to reconsider the sunset clause of the proposed Adult Entertainment Activity or Uses Code Amendment Ordinance. Walter H. Olsen Jr., Attorney for Angelo Usibelli, asked Council to reconsider the sunset clause of the proposed Adult Entertainment Activity or Uses Code Amendment Ordinance. CONSENT AGENDA Minutes/April 6, 1999 Regular Meeting Council Bill #219/Adult Entertainment Activity or Uses Code Amendment/ Enactment Ordinance -Tabled to 7/20/99 1999 Grant Applications for Transportation Neighborhood Traffic Safety Project/Nautilus #2 Surface Water Management (SWM) Flatbed Dump Truck Purchase Councihnember Burbidge pulled Consent Item (b) - Council Bill #219/Adult Entertainment Activity or Uses Code Amendment. MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT AGENDA ITEMS (a), (c), (d) AND (e). DEPUTY MAYOR PARK SECOND. City Council Regular Meeting April 20, 1999 - Page 3 The motion to approve Consent Items (a), (c), (d), and (e) passed as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Consent Item (b): Council Bill # 219/Adult Entertainment Activity or Uses Code Amendment: MOTION BY COUNCILMEMBER BURBIDGE TO TABLE THE SECOND READING OF COUNCIL BILL #219 UNTIL JULY 20, 1999, AND DIRECT STAFF TO INVESTIGATE AND REPORT TO COUNCIL ON OPTIONS FOR LOCATING ADULT ENTERTAINMENT AND ADULT RETAIL USES IN BC OR OTHER ZONES INSTEAD OF CITY CENTER AND FRAME ZONES. COUNCILMEMBER KOCHMAR SECOND. Councilmember Burbidge reported she has received a number of comments from constituents, expressing concern about the impact of locating adult entertainment and adult retail uses in the City's downtown core and frame zones. She said she would like staff to investigate other options for location of these used in areas outside of the City's downtown core. It may be in the end that that is the best place for them, and the best way to minimize the secondary effects that these uses impose, but questions have been asked of her that she is not ready to answer right now about why these uses cannot go into other zones instead of the downtown area; she would like staff to investigate other options and report back to the Council. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VI. PUBLIC HEARING Indoor Billboard Inc. Appeal of Hearing Examiner Denial of Variance Staff'Report Appellant' s Comments City Council Deliberation Mayor Gintz read into the record the process Council would follow regarding the Public Hearing on Indoor Billboard's appeal of the Hearing Examiner denial of variance request. Mayor Gintz opened the Public Hearing at 7:50 PM, and called upon staff to make its opening presentation. Senior Planner Marion Hess gave a brief presentation summarizing background information on the application for variance and provided an area of detail. Mr. Hess stated the application was not City Council Regular Meeting April 20, 1999 - Page 4 consistent with the City's Comprehensive Plan, zoning provisions and was not consistent with the public health, safety, and welfare. Mr. Hess asked Council to affirm the Hearing Examiner's decision to deny the request for variance. Carolyn Lake, Attorney for Indoor Billboard Inc., stated the variance request is minimal and is needed to allow development of the property for Indoor Billboard; she stated the lot is undersized since the city changed zoning from MP to BP. Ms. Lake explained Indoor Billboard is a warehouse facility and variance is necessary to allow for truck turning radius; she further stated the variance request would not be precedent setting as it should only be considered on its own merit. Deputy City Attorney Bob Sterbank stated, in the City's rebuttal, that what is driving the request for variance is the configuration of the proposed building which allows for lease space. Mayor Gintz closed the Public Hearing at 8:47 PM; he announced Council will take the matter under advisement, and will issue its decision at the next Regular Council Meeting on May 5, 1999. VII. COUNCIL BUSINESS Planning Commission Appointment (alternate appointment/resignation) MOTION BY COUNCILMEMBER WATKINS TO APPOINT ALTERNATE EDWARD SOULE AS PLANNING COMMISSIONER REPLACING R. DEAN GREENOUGIt. DEPUTY MAYOR PARK SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VIII. INTRODUCTION ORDINANCES a. Council Bill #220/Fire Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 8 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 1997 UNIFORM FIRE CODE, (AMENDING ORDINANCE NOS. 90-33, 92-127 AND 92-143). MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND READING/ENACTMENT AT THE MAY 4, 1999, COUNCIL MEETING. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes City Council Regular Meeting April 20, 1999 - Page 5 Council Bill #221/Nuisance/Noise Code Amendment & Vehicle Storage Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22, FEDERAL WAY ZONING CODE, AND CHAPTER 10, FEDERAL WAY NUISANCE/NOISE CODE, OF THE FEDERAL WAY CITY CODE, ADOPTING SPECIFIC AMENDMENTS AND ADDING NEW REGULATIONS FOR OLrrDOOR VEHICLE STORAGE AND DEVELOPMENT ACTIVITY HOURS AND NOISE RELATED TO DEVELOPMENT ACTIVITY. MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND READING/ENACTMENT AT THE MAY 4, 1999, COUNCIL MEETING. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes c. Council Bill #222/New Civil Violations Chapter AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING A NEW CHAPTER 1.14, CIVIL VIOLATIONS OF THE CITY CODE, RELATING TO ENFORCEMENT OF CERTAIN CITY CODES AND PROVIDING FOR CIVIL PENALTIES FOR VIOLATION THEREOF. MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND READING/ENACTMENT AT THE MAY 4, 1999, COUNCIL MEETING. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes IX. CITY MANAGER REPORT City Manager Kenneth Nyberg announced the appointment of Ken Miller as the City's new Deputy Public Works Director. Mr. Nyberg reported the Federal Way School District Teachers will be conducting an organized rally on April 22, 1999, along 320~ St to protest teacher pay. He reported the next City Manager Search Committee Meeting is scheduled for April 26, 1999. CITY COUNCIL REPORTS Councilmember Watkins announced the next meeting of the Land Use/Transportation Committee meeting is scheduled for May 3, 1999. City Council Regular Meeting April 20, 1999 - Page 6 Councilmember Burbidge announced she attended a Suburban Cities Association Meeting with Councilmember Kochmar and Deputy City Manager Keightley; and stated she would be attending Youth Recognition Night at Dumas Bay on April 22, 1999. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for April 27, 1999, at 5:30 PM; she also updated Council and citizens on various regional issues. Councilmember Kochmar stated she hopes to have a report from the Airport Cities Coalition to Council next month. Deputy Mayor Park announced he attended a Mayors Conference sponsored by the League of Women Voters on April 17; he also announced an Arbor Day Celebration is scheduled for April 21, 1999, at Steel Lake Park. XI. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Gintz adjourned the regular meeting at 9:10 PM. Laura Ulanowski, Deputy City Clerk MEETING DATE: May.. 4, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $1,909,716.18 ORDINANCE STAFF REPORT Expenditure Amt: $1,909,716.18 BUSINESS PROCLAMATION Contingency Reqd: HEARING STUDY SESSION FYI OTHER 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 of Federal Way, .Washil~gton, and that I am authorized to authenticate and certify to said claims. ....U,.~.~..n..t.3.e.~!.c.~..~i..r.~,r. ............................................................................................................................................................... ............................... CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: ~'~'~:'~'~: ~~" ~'~cw-~,,~t~T~.~ .,' '~ ~ ..................................................................................................................................................................................................... ....................... ~PRO~D FOR ~CLUSION ~ CO~CIL PAC~T: ~J~"~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # FIRST READING ENACTMEN~ READ RESOLUTION # d o ~J 0 rj o o o o o o o U 0 © m 0 D~ o o o o o mO mO mO mO mO mO o~ o::> o:::> o:::> o:::> o:::> q 0 ~) 0 ,< 0 0 q~ 0 E~ rJ 0 03 0 E~ 0 o 0 H ~) r,.q2 n.. 0 OU O~ mO o:> 0 0 ¢) ~0 mO r~= ~0 L) rj~ n~ ~0 O~ ~0 O~ o co o o mO o:> o OO 0 0 0 0 (D 0 ~: H ~.0 gHHH~ ~H ~H HHHHHHHHH~ HHHHHHHHH~O~ ~~~HHHO ~H HHHHHHHHfl~ HHHH~HH~~ Z r~ D~ O'U co 0 L) E~ 0 C mO mO mO o> o> o> [JO H 0 ~ 0 rd 0 rj 0 Z~ZZZZZZZ~Z~Z~Z~ZZZ~ZZ ~ 00000000000000000000000000000000000000000 0 0000000000000000000000000000000000000000000 Z 0 M 0 mO H r~ 0 0 0 rj 4-) 0 0 ,~0 0 0 n~ ~0 '~ 0 O~ ~0 H 0 0 :> o~ ~ ~Q rq D ~ 0 0:> U 000 r~q r~q r~ > r~ 0 um 0 '~ o 0 ~: r~ o o ~Q ~ D mO o:> m 0 o:> o 0 u] DO o o o ~0 o cq 0 H ~ ~m mO o> (J r~ 0 0 n~ m 0 Q (J H Q O] 0 0 H ~ o o o o m 0 o:> t~ H 0 X 0 0 0 o o o U c~ © m 0 U ,-1 m ~0 ~0 ~0 ~0 ~0 ~0 o~ o~ o~ o~ m mO o:> m 0 o:> ~0 o o o o (3o o o o o n~ r~ 0 0 ~, ~0 0 mO o> Z~ IDID UU >> O0 C~C'3 O~ O O~ m 0 o:> UH <H O0 O0 0 0 U 0 (D ~0 H~ Z n~ 0 H 0 0 0 m 0 o~ 0 o 0 > 0 L) ©.5< 0 c~ 0 0 d o u~ o o o o~ ~ ~ 0 o> o Z H ~ om m 0 o:> 0 ~0~, 0 0 ~0~ ~0~ cq cq c,1 cq cq ~1 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 mO mO mO mO o> o> o> o> UO H r..j 0 ,~J 0 rj rj 0 0 0 E-~ 0 ~ ~ 0 > ~. Q U 0 >, Ln 0 rj 0 m ;> o rj Z 0 Z~ X ~ om .,~ Ln 0 0 0 0'~ H cq rd r,n 0 0:> (lID ,.-4 0 0 m 0 o~ o o o o o o Z~ OO U corn o o o o oo H U Q ~ 0 U H 0 r. zl H rJ,~4 H ~ Q E-' 0 H ~ 0 OO H ~? ~Z ~0 ts) u] 0404 o o [-.-co o o O H 0 r~. H 0 E-~ Q U 0 E 0 mO mO mO mO mO mO mO mO mO mO mO mO mO mO mO o~> oi> oi> o> o> o> of> o> oi> o~> oi> oi> o:> oi> d", ¢, ,~ ~ o o o o o o o o o o o> ~m [~ 'U ~0 ~m 0 n 0 ~0 ~0 U H rD H ~ ~0 rd rd Om ~0 mO ~0 mO ~0 ~0 ~0 o> o> o> o> o> o> o> Dr.. (DO E~ o 0 0 D ~0 ZZZ~ZZZZZZZZZZZ~ZZZZ ~ 00000000000000000000 ~" 00000000000000000000 ~ DDDDD~DDDDDDDDDDDDDD ~ ~ 0 0 0 0 mO o:> -0 © ~ ~ U ~0 o> 0 ~0 ~E~ ~ 0 O ~m mO o:> ~0 o~ o o ~ U ~o 0 C~ 0 Em ~0 o> o o o E~ 0 ~rn ~0 o> t~ Z~ z ~ 0 ~.~Q ~0 mO o:> 0 Z E~ >~ U Q 0 OO ~ 0 o> o ZO ~Z 00 ZO o o o~ ~ c,q 0 ~ 0 o> O0 II H rj 0 E 0 o o 0 0 0 0 0 H O0 ur.) 0 m (~ o > rd ¢n 0 6'4 130 u~ U mO o> o o ooooooooo o ~o mO mO mO mO mO OO ZZ O0 00 Z~ r. Dr~ © © 0 ~m mO o:> Ln r~ cd n, Z H Z Z 0 H (~ m 0 o> ~o~ r~ r~o r~ rJ~ 0000 0000 0000 rd ,.-4 ::>., O~ n. E~ ~ U 0 H.-~ E~rn 6'4 0 0 mO O> (%1 0 E~ 0 ~0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 m 0 ~ 0 ~ 0 m 0 ~ 0 ~ 0 o> o> o> o> o> o> o> o> o> o> o> o> o> o> o> o> 0 0 ~H ~ ~ -- ~ ~ ~ ~ ~ ~ H 0000 I I ~ ~ ~ H H H ~ ~ I I ~ I I I , , ~ o ~ ~ o o o Z ~ ~ Z H 0 ~ ~ ~ ~ H H ~.... ~.. ~-. o.. ~-. m-- m-----. ~.. o.. o.- ~ 0 0 ~0 O0 ~ 0 ~0 ~0 ~ 0 HO ~0 ~ 0 0 0 r~ o o m 0 o> U mO mO mO mO mO mO mO mO mO mO mO o~ o> o> o> o> o~ o> o> o> o> o> >~ 0 © 04 0 0 r~ ~ 0 0 0 ~ N:~ mO o> o o o 0 m rj~ 0 r~ r~ o o o o Z 0 0 0 o mO o> cD MMO 0 0 ~.. 0 m 0 o:> ¢. 0 0 4J rd > o o U 0 > mO mO mO mO mO mO mO ~0 ~0 mO mO mO ~0 o~ o~ o~ o~ o~ o~ 0 0 0 0 L) 0 0 ',~ > o 0 ft.] 0 0..-~ 0 m u~ ~ o ::> 0~ ~ %Q r,"l rj n~ rn 0 r", o:> r.j 000 000 ..~j 0 0 >m mO o> UQ -0 mO o:> 000 H H H mmm > 0 mO o> i 0 U © cq 0 m 0 o:> Z 0 r~ cq ~0 ~m ~:~ mO o> U Z 0 U o 0 cc/ 0 0 H cq O0 > m n. 0 ~m ~ rJ m 0 o> 0 m o o o H 0% U ~ OU mO 0:> 0 H ~ u3 {20 mO o:> %Q ¢~ ro m 0 o> mO o:> 0,~ ~0 0 rd H 0 Q Q rd r~ > Q 0 o o o oo D-- [--- o mO mO mO mO mO mO mO mO mO mO mO mO mO mO mO mO o~ o> o> o> o> o> o> o> o> o> o> o> o> o> o> O o 0 rd n > 0 H 0 ,'! 0J o ~0~ 0 .... OD H~ ~00~ 0''~0 00000 00000 00000 00000 O0 o o 0 rj 0 H r'n rj o -0 ~o n. D r~ 0 [~1 0 ,~m 0 >~ n. 0 Z 0 Z 0 rj r~ o o 0 m 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 o o o 0 ~o H ~ r~ U mO O> F", o'~ o o o o o o Z r~ 0 0 ,~0 0 m 0 o~ o 0 Z 0 0 0 ~ 0 rDm Z~ o [~ o E) ~0 o o H rj ~ 0 © m 0 o> 0 0 o o o 0 o o o o 0~0~ ~ E~ E~ o o oo ~0 o'~0 mO enO o~ o~ o> o> 0 0 ~9 r3 0 E~ E~ Z 0 U~ © O~ Z [:4 0 r,,' ~ Z a] >-, 0 ,D ~0 <m o o o o CD m 0 ,'n O ~ 0 m 0 m 0 m 0 ~n 0 ~ 0 m 0 m 0 o:> o:> o:> o:> oD o:> o:> o:> o:> o:> H 0 0 > 0 0 > ~ ~ 0 Q o o O o o o o o o mO m 0 o:> o~ o~ ~ o:> mO o O~ O~ m ~.1 0 ~0 ~0 ~0 ~0 o> o~ o> o~ 0 m r~ o o 0 m o 0 Z O~ ~: 0 , 0 o ,-~ Z 0 on q~ r.~ 0 H.-Se: H 0 0 0 > c~ o o to o o o o o o o o o o if} o o o o ~o ~ o o 0 0 4_1 c~ [.90 0 > 0 ~3 0 o Z r,. r,. rj m 0 m 0 mO m 0 mO m 0 mO ~0 m 0 m 0 m 0 m 0 m 0 mO m 0 m 0 mO o~> o~> o~> o~> o~> o> o~ o~ o> o~> o:> o ::::, o> o> o~, o~> H C) 0 Im O0 0 E~ C) 0 > H 0 0 0 t~ 0 LA 0 0 0 0 0 0 0 0 0 0 0 o 0 < 0 0 CD 0 0 O0 0 Cq 0 0 O C:) 0 U~ 0'% 0 0 0 0 O0 0 C~ 0 0 0 0 0 L~ O~ L9 m .. Z" ZO O0 u]m 0¥ O0 m 0 m 0 m 0 m 0 m 0 m 0 mO m 0 m 0 m 0 mO mO ~0 mO o> o> o> o> o~ o> o> o> o> o> o> o> o~ o~ ~ r.j I,~ Oo o ~ ~J o~ o~ 0 0 0 0 ~ ~J ~o o(J ~ co 0 {D o ~ o ~. 0 o:> O~ o ~J u o O0 oo o>, H ~J ~0 o{J o~ ~ ~ o 0 ~ 0 0 0 0 0 0 ~ 0 0 0 o 0 o o o 0 0 0 0 0 O0 OO ~ ~ ~ ~0 ~0 ~0 ~0 ~0 O~ o~ O> o~ o~ 0o 0 (D 0 0 u% O O O o% O O ,rj 0 0 ,~0 o> u3 o HHHH HHHH~ HHHH~ HH H~ ~~Z~Z~Z~Z~ZZ~ZZ~ZZZZ~ZZZZZ UUH~U~HHHHHHHHHHHHHHHHHHHHHHHHHHHH ~ ~HH~HHH~H~~H~HH~H~~ ~,, ~ .......... 000000000000000000000000000000000000000 000000000000000000000000000000000000000 0~0~~~~0~0~~00~0000~ 0 Z 0'~ tOO ~ 0 o:> 0 HHHHH OOOOOD~ IlliI~O O~ ~~0 O0 0000000 r~ H H:>, ~0 C~ H ~ 0:> 0 ~,~ o~ 0 ~ o 0 o 0 ooooo0~oo 0oo ~ 0 ~0~0~ 000 ~ 0 ~0 ~0 ~0 ~0 o> o> o> o> ,~0 o o o II . 0 0 ~ o > U o ~ o 0 ~0 0o~ o0b~ ~z o o z m0 ,<ca HHH Z Z~ ~0 o~ o 0 0 o 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> 0 0 oo F~ ~-~ 0 0 0 ,~o o:> o 0 o ~o ii ~ ~ Z~ H ~HH~HHZ O0 000000000 O0 0000 000000000 ,.~ 0~0 - o o H ~ ,-~ 0 o 0 0 o> o ~:~ ,~0 o:> 0 o 0 0 0 o~ ~0 o> o ~o ~0 ~0 ~0 o> o> o> o o o Z o o 0 O o.-~ ~ 0 >o cqcq ~> o ~o o 0 0 o o r~ t~ o [ilo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~o ~o ~O ~O ~o ~0 ~0 ~0 ~0 ~0 ~0 ~0 o> o> o> o> o> o~ H 0 0 > II 0 ~J II Z "~ 0~ oo ~oo o O~ O~ Z o o o ~0 ~0 ot.~ oo oo 0 o 0 0 o Z o ~0 o o o O~ 0 o Oo o o O~ 0 0 0 o o ~(~ ~ rj '~0 o> 0 0 o o '~0 O> o 0 ~' 0 U1 0 0'3 0 0 0 ~-~ ~-{ H ~'- ~ P- ~ 0 r{ ,~ ~l ~O ~1~ ,-~ ~'" ~3 CO 0 ~l 0 ('~ ,-I 0 ~0 ~ ~ ~ ~ ~ (3:) O~ ~ ~ ~ 0 ~ ~ 0 ~ o O0 0 ~0 ~0 H ~ ~0 0 0 o H ~ 0 0 0 0 ~ 0 o:> o 0 ZH03 r~O 0 0 0 o o::> o ~o 0 m~. oo OO NH rom NH t.~t~ r~. O~ ~o o~ 0 ,~0 o> co kD 0 0 o ,~ 0 o> o z ~d 0 r~ o o~ mo 0 II h II II II II Il oo o 0 0 o ~ 0 o:> o ~ 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> Oo HHH 0 - O~ ~0 0 0 H n. o o o 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 r.. H H ~) [tim O0 H 0 {3 0 0 tJ o H 0 o o 0 o o ~0 o> u~ o o o ~ 0 o> o OO ooo Cq (~1 cq > ~o ~'- 04 · ~ 0 ~H :::I:: ~ 0'}0 ,.-] O0 O0 ~m ~0 ~0 ~0 o> o> o~ O~ O~ 0 o ~> O0 u~ C~ o o ~0 op o o ~0~ o00 0[3o o~o o0 'D 0 o o> 0 0 ~0 o H o 0 ~0 o o~ O0 121oo HO ~m 0 ,< 0 II ~J II ~ .,-~ ~J H II ~ II ~ I1 -H II 0 II II II II II II II II II II II II II II II II II II II II 0 Z U~ 0 o · ~ 0 o> ~D ~ H~ ~H ~UOH HH 00~~ 000000000 H O~O~Q~ 000000 O0 000000~00 000000~00 0 0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 o> o> o> o> o> o> o> ZZZZZZZZZZZZ 000000000000 000000000000 z o ~o ~0 o> 0 U ~J 0 0 {J 0 > 0000 0000 ~00~ 000o 0 0 o o o 0 o o O0 r,.m 0 0 0 0'~ O0 ~>~ O~D 0 [-:.1 0 0 t~ 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> Oo ~J 0 {J ~J 0 II ~J > 0 0 > o o o o 0 0 0 o 0 E~ o (~ 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> 0 ~ Cz,] II II II II II 0 ~ :> oo o oo ~ o ~ o o o o o 0 ~0 ~0 ~0 ~0 ~0 o> o> o> o> o II II 0 II -,-I II -,-I ro (D 0 (D Cq t'-- 0 jo OO ~" 0 ~ 0 ~" 0 ~l. 0 ~I. 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> H 0 II II o · (~ 0 0 0 0 > 0 0 0 0 0 0 ~ o o ~~00 0 ~ o ~ 0 0~ ~0 o o 0 0~ ~.. 0 o ~ .. · ~ 0 Z o o O03 O0 H~-~ o U o~ ~o ~o ~o ~o ~o ~o ~ o ~ o ~o o> o> o> o> o> o> o> o> o> 0 ~ 0 H ~ O~ 0 0 o~ o~ o r~ 0 0 0 0 O~ 03 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 ~0 ~0 ~0 o> o> o> o> o> o> o> o> o> o> o> o~ o~ o o o o H 0 o E 0 t.n o ('~ 0 ~ 0 t.n (33 0 0 0 o o o o:> o> 0 0 0 If~ 00000000 00000000 o ~o 0 O~ ~.Z I-.11-t 0 0 0 0 o O o O O o 0 0 0 o 0 0'~ 0 ~00 ~~ H U ~ O~ HHHHH ~ ~ H ~HZ ~~ ~ ~ ~ 0 ~ oooo0 ~ ~ ~ ,,, 00000 ~ 0 ~ ~0 ~0~ ~ 0 0 000 00000 0 0 0 0 00000 I ~ 00000 ~ ~ ~ 00000 ~ ~ ~ ~ o ~ o ~ ~ o o ~ ~ ~ ~ o ~ o ~o ~o ~o ~o o Z Z~ ~o 0 o o 0 ~ ~> 03 ~r,~ oo Z~ ;> ~0 OOOOOO 0 ~0 ~0~ 000000 000000 000000 000000 > Z ~o o ~o HO ~o ~o ~o HO ~o HO ~u ~ 0 ~ 0 ~ 0 ~ 0 ,~ 0 ~ 0 ,~ 0 ~- 0 ~, 0 ~ 0 o> o> o> o> o> o> o> o~ o> {J o 0000000000 ~ ~ Z o 0 ~ O~ ~ < ~o o ~ O~ ~ ~ ~0 ~0 ~0 ~0 ~0 o o> o> o> o> o~ o o ,< HO mr..) O~ 0 0 o H~ r~o O~ (J Z o 0 o ~o ~o '~o ~o ~o ~o ~o o> o> o> o> o> o> o> 0 E~ ,-~ 0 > H O O ~ ~ 0 ~ ~ 0 ~ 0 0 0 o 0 o o 0 0 0 ~ o 0 o ~0 ~0 ~0 ~0 ~0 ~0 ~0 o> o> o> o> o> o> o> o o o o o 0 t~ t~ O0 r~. Z 0 0 0 r.~ .--r. o~ 0 0 0 0 o 0 ~;0 [ilo ~ ~ 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> II II II o {J ~J o u ~J > u o > 0 > ~{~ ~ kD 0 ~0 u~ ~ 0 ~ -o -o ~o ~o~ 0 ~ ~ o ~ o ~o -o ~ 0.-~ 0 0 0 0 0 0 0 0 0 ~o ~0 ~o ~0 ~o ~o ~0 ~0 ~0 o> o~ o> o> o> o> o> o> o> o ['" 0 o o o o u~ (0 II 0 ~JO~ I,~ Oo ~ ~ ~:~ ~ ,~'* ~::~ ,~ ~ ,~ ~:~ ~ ~ '~ ~ ~:~ mi~ 0 E) 0 0 0 O0 0 0 C) 0 0 0 0 0 0 0 (i} 0 ~J o o o o o o 0 0 o 0 0 0 0 {~ ~ ~ ~:~ {~ ~:~ o o o o 0 o 0 0 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 o:> o:> o:> o> o:> 0:> o> o> o:> o:> o> o:> o> o:> o:> o:> II ~ o II ~ o II ~J · II 0 II ~ II 0 · 0 0 0 o it ro 0 0 ~ 0 0 0 0 0 0 0 0 0 0 ~ 0 ~ 0 0 0 ~ 0 0 ~ o ~-- o co o o o P- ~o o 0 0 ~ 0 0 0 0 0 O0 0 0 0 I~ 0 ('~ 0 0 0 UlO 0 o 0 n~ 0 0 0 0 ~ ~ 0 0 0 0 O0 0 0 0 0 0 0 0 0 0 0 0 O0 0 0 ~ ~ 0 ~ 0 ~ ....~ H .. ~" ~" ~" 0" ~" -- ~" 0" ~ '- ooo.o o .o O0 o o o o o o o o o o o o o o o o o o o o o o o o ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~ 0 o:> o> o:> o:> o:> o:> o:> o> o::> o:> o:> o:> MEETING DATE: May 4, 1999 ITEM# ~ (..(?) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: March Financial Report CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: March Financial Report SUMMARY/BACKGROUND: Month of March 1999 CITY COUNCIL COMMITTEE RECOMMENDATION: Was approved by the Finance Committee during their meeting on April 27, 1999. CITY MANAGER RECOMMENDATION: ~'-~'-~r d~/-;4' .................................................................................................................... ............ 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 eF ~ MEMORANDUM Date: To: From: Subject: April 22, 1999 Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director March 1999, Monthly Financial Report Action Requested: Accept the Monthly Financial Report and forward to the May Council meeting for approval. Committee Chair: APPROVAL OF COMMITTEE REPORT Mary Gates '~ 2~,~4~Z. ~..~Committee Member: Jeanne Burbid~'~V~.~,.~.~:~< Committee Member: Linda Kochmar~~~~ March, 1999 Monthly Financial Report ~7' 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 March for the years 1994 through 1999. 1999 PROJECTED REVENUES & EXPENDITURES (in millions) 40.00 35.00 30.00 25.00 20.00 15.00 10.00 5.00 ..... Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Overall, operating revenues $7,955,778 are above the monthly budget projection of $6,672,600 as of March 1999, and operating expenditures $6,977,248 are also within the anticipated budget expenditures $7,134,287 for the period. The above results in the City's operating funds having a projected increase in fund balance of $1,440,217 as of the end of March, 1999. Of this amount $314,894 is related to Utility taxes and REET which are for the payment of debt service. For 1999, revenues and expenditures are being reported on a cash basis. The City has collected $7,955,778 or 22.2% of the annual operating budget ($35,757,166) through March. Operating revenues are exceeding budgetary estimates by $1,283,178 or 19.2% Fines and forfeitures are exceeding budgetary projections by $55,304 or 33.5%. State-shared revenues are exceeding budgetary estimates ($1,096,349) by $80,995 or 7.4%. This includes a distribution of $10,908 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 $362,640 is above the estimated revenues ($331,390) by $31,250 or 9.4%. Sales tax revenues are above budgetary estimates ($2,276,291) by $165,571 or 7.3% through March 1999. Recreation fees collected total $139,057, which is $22,154 or 19.0% above the adopted budget ($116,903). This is partially due to an earlier payment deadline for the softball program, as well as an increased number of softball fields available with the opening of Celebration Park. BIB City of Federal Way March 1999 Monthly Financial Report REVENUE SUMMARY BY MAJOR REVENUE SOURCES Pertod Ending March 31, 1999 i..,.i ?'..-= .. .. ' .... '" ' Property Tax 6,634,35~ 174.596 2 6% 174,596 0.0o/~ 106,070 Sales Tax 8,605,426 2,441,862 28.4% 2,276,291 165,571 7.3% 717,005 Hotel/Motel Lodging Tax 65,000 0.0% na Criminal Justice Sales Tax 1,362,747 362,640 26.6% 331,390 31,250 9.4% 119,049 Gambling Tax 509,600 288,886 56.7~/ 239,523 49,363 20.6% 119,808 Utility Tax 4,633,769 1,394,043 30.1% 1,287,752 106,291 8.3% 492,479 Real Estate Excise Tax 1,200,000 436,070 36.3% 227,467 208,603 91.7% 80,862 Franchise Fees 494,255 111,625 22.6% 118,790 (7,165) -6.0% Licenses & Permits 123,201 65,703 53.3~/ 42,918 22,785 53.1% 11,348 Intergovernmental 4,576,430 1,177,344 25.7% 1,096,349 80,995 7.4% 293,825 CD Building Permits & Fees 853,193 318,150 37.3% 191,508 126,642 66.1% 144,649 CD Pass Thru Fees 12,326 na 12,326 na 3,682 PW Permits & Fees 239,573 74,876 31.3% 46,484 28,392 61.1% 38,781 PVV Pass Thru Fees 6,995 na 6,995 na 4,395 SWM Fees 3,120,302 108,316 3.5% 89,392 18,924 21.2% 60,382 Refuse Fees 148,524 37,320 25.1% 37,131 189 0.5% 12,898 Admin Fees 168,478 42,120 25.0% 42,120 (0) 0.0% 14,040 Fines & Forfeits 714,000 220,395 30.9% 165,091 55,304 33.5%i 87,378 Recreation Fees 501,343 139,057 27.7% 116,903 22,154 19.0% 90,321 Knutzen Theatre Operations 59,030 8,678 14.7% 14,758 (6,080) -41.2% 3,512 Dumas Bay Centre Operations 429,609 96,012 22.3% 63,446 32,566 51.3% 44,937 Public Safety 138,432 127,230 91.9% 14,744 112,486 762.9% 25,411 Interest Earnings 1,040,139 290,039 27.9% 83,125 206,914 248.9% 125,506 Miscellaneous Revenue 139,765 21,496 15.4% 12,821 8,674 67.6% 10,713 Subtotal Operations 35,757,166 7,955,779 22.2% 6,672,600 1,283,178 19.2% 2,607,251 Interfund Transfers 5,383,289 0.0%I naI Other Financing Sources 1,411,612 1,230,191 87.1% 1,230,191 nal 1,180,353 Total Revenues 42,552,067 9,185,970 21.6% 7,902,791 1,283,178 16.2% 3,787,604 * Shows actuals as % of year-to-date bud~let. For example, 50% means actual revenues were half of what was bud~leted for that pedod. COMPARISON OF 1999 OPERATING REVENUES - BUDGET TO ACTUAL $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 ~ 2 S- Jan Feb Mar Apr May Jun Jul Aug Sep O~ Nov Dec Building permit and plan check activity has exceeded budgetary projections by $126,642 or 66.1%. This increase is due to revenue associated with several residential developments in the city, a large financial institution and a nursing home/rehabilitation center. Business licenses and permits are also exceeding the monthly estimate ($42,918) by $22,785 or 53.1%. This is partially due to the fact that annual license renewals were collected in late January and early February. City of Federal Way March 1999 Monthly Financial Report Police services revenue collected through March total $127,230. This amount includes Traffic School revenues of $16,900, Explorer program donations of $1,804, and Police Security services of $61,050. Also included is $40,739 of state seizure revenues which are designated for that specific program. The remaining balance of $6,737 is made up of miscellaneous revenues suCh aS'wea'Pons 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 Pertod Ending March 31, 1999 C~ty ~;ouncd 219,841 98.946 45 0% 103.585 4,639 4 5% 19,117 City Manager 587,110 165,533 28.2°,~ 155,322 ( 10,211 ) -6.6% 65,909 Management Services 1,953,969 417,778 21.4°~ 494,257 76,479 15.5% 187,137 Civil Legal Services 522,356 196,374 37.6°/~ 124,193 (72,181 ) -58.1% 95,047 Cdminal Legal Services 1,210,809 225,832 18.7°,~ 223,975 (1,857) -0.8% 134,534 Community Development 3,048,376 698,174 22.9% 702,680 4,506 0.6% 314,697 Public Safety 12,049,356 3,067,137 25.5% 3,127,945 60,809 1.9% 1,129,020 Jail Services 875,000 186,609 21.3% 205,136 18,528 9.0% 97,521 Parks & Recreation 3,065,364 619,546 20.2% 694,471 74,925 10.8% 274,270 Dumas Bay Centre Operations 467,436 107,110 22.9% 94,475 (12,635) -13.4% 57,705 Knutzen Theatre Operations 159,030 24,354 15.3% 39,758 15,404 38.7% 9,633 Public Works Operations 3,444,273 734,474 21.3°,~ 701,637 (32,837) -4.7% 412,704 PW Asphalt Oveday Program 2,018,311 13,920 0.7°.~ 13,920 0.0% 4,641 Solid Waste & Recycling 299,727 45,697 15.2°/~ 38,120 (7,577) -19.9% 19,183 Snow & Ice Removal 55,076 5,135 9.3% 7,005 1,870 26.7% 4,073 Hotel/Motel Lodging Tax 65,000 0.0% na Surface Water Management 1,749,884 370,528 21.2% 402,626 32,098 8.0% 173,632 Debt Service 5,293,482 102 0.0% 4,734 4,632 97.8% Subtotal Operations 37,084,400 6,977,248 18.8% 7,133,838 156,590 2.2% 2,998,822 Interfund Transfers 7,751,571 0.0%I naI Other Financing Uses 680,479 1,265,516 186.0% 1,265,516 nal 1,194,132 Total Expenditures 45,516,450 8,242,764 18.1% 8,399,354 156,590 1.9% 4,192,954 COMPARISON OF 1999 OPERATING EXPENDITURES - BUDGET TO ACTUAL $40,000,000 F ...................... : ........................................................................................................................ $35,000,000 $30,000,000 [. $25,000,000 $20,000,000 $15,000,000 SI0,000,000 $5,000,000 $- 3,978.428 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec City of Federal Way March 1999 Monthly Financial Report The City has expended $6,977,248 or 19.1% of the annual operating budget ($37,087,930) through March. Operating expenditures are below the monthly budget ($7,134,287) by $157,039 or 2.2%.. Management Services expenditures total $417,778 which is $76,479 or 15.5% below the revised budget estimate ($494,257). This could be attributed to salary savings due to full time positions that are currently vacant. Aisc, 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 $698,174 or 22.9% of its annual appropriation ($3,048,376). Through March, they are below their budget by $4,506 or 0.6% of the year-to-date budget ($702,680). Services and charges have expended only 7.8% of the annual budget ($671,938). PRCS Operations expenditures total $619,546 which is $74,924 or 10.8% below the year-to-date budget estimate ($694,471). This is 20.2% of its annual appropriation ($3,065,363). This is do to Iow expenditures in both supplies (7.15% expended) and services and charges (8.93% expended). · Public Works Operations is above March budget estimates ($701,637) by $32,837 or 4.7%, and has expended $734,474 or 21.3% of its annual appropriation ($3,444,273). The Solid Waste and Recycling program is above its budgetary projection ($38,120) by $7,577 or 19.9%. This could be due to accelerated expenditures when compared to the previous four first-quarters (trends based on a four-year history). From another perspective, only 15.2% of the fund's budget has been expended through the first quarter of the year. · Surface Water Management Operations are below projections by $32,098 or 8.0% of the March estimate of $402,626. · Police services have expended $3,067,137 through March, which is $60,808 below the budgetary estimate of $3,127,945. Public Works Street Maintenance Program During the 1999/2000 budget deliberations, Council approved the Public Works Department to implement the in- house Street Maintenance Program to replace the Lloyd's contract. The transition phase occurred during March of 1999, the Lloyd's contract was completed April 5~' All four maintenance workers have been hired, of which 2 started on March 16th and the remaining 2 started April 5~. Staff is currently recruiting for the administrative assistant position. Two 1-ton utility trucks have been purchased, one 10-yard dump truck and a side-boom mower will be financed through a lease/purchase program. Staff has already ordered the dump truck, and is in the process of ordering other miscellaneous minor equipment and supplies. Staff is currently working with the architect to finalize plans for the Steel Lake Maintenance facility interior and removal of the portables. The overall operating revenues for March 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, Police Services, Surface Water Management and Parks and Recreation under projections and, Civil Legal Services, City Manager, Solid Waste and Dumas Bay Centre exceeding projections. 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 these 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 March 1999 Monthly Financial Report Local Retail Sales Tax The following table and graph summarize local retail sales tax revenues. Sales tax collections lag two months. For January sales activities, the City receives cash in March. I.!ii .'.:.: :.:.%";i' . i'. '.....: .... ?....i .:~ ',.' . ' '. ........ ' . ' :...' ;".'::i'.:; :: '?';. ;' . .~...'.....,. .......'..:! ' ~XW.'~L,r~.r~'~. . .. ,...., I ~."'.i".' , , : , ' . ' '... ' .... · .' "~1~.'~,, '..' Jart~y S 584297~ S 6(73e~80 S 6542.56 S 644666 S 623386 S 638862 $ 66;'6x~ $ ,"~;432 S 43,744 6.6o.~ : ~e13r~3/ ~ 849,057. 870,318. 882,234 _ 883,229_ 9(32478_ 949,276 _ _. 941,601 1,013,425 71,824 7.6~,{ ~ - . 579,220 580,171 _ 6C2,830_ 607,7~0. 640,~67 _ 714 ~ . ~~ ~ 7~7,~ ~ ~1 ~ ~ ~5~ N3il . 522,576. 580,911 - 573,6~7.. 577,(~ - 5821547` 575,5~ - ~1,68~ . 0.0~ ~ay _ 586,80~_ 5~7,164. 624,667 _ 768,980 _ 660,733_ 655,396 706,570 ' ' 00~ k.ne 556,790__ 632,367~ _. 5~9,100. 607,104. 669,058 _ 76~,461 685,513 0.0~ luly 615,567 603,320 617,531 600,594 657 032 645,475 ~,290 0.0~ ~Llgust 603,765 651,123 676,546 650,423 694 7Q2 682,263 704,382 0.0% ~l:~ember 619,Q20 635,050 713,489 734,368 735,617 850,295 788,583 .......... 0.0% 609,162 626,974 676,731 652 886 657 100 761 561 714,775 O. Novemb~ ~ . 627,343. 636,254_ 65~_ !(~60 666,751 687,5~5 739,326 714,770 ' - Q $1,050,000 SALES TAX REVENUES March1997through March1999 $950,000 $850,000 $750,000 $650,000 $550,000 Through March, sales tax received of $2,441,862 is $165,571 or 7.3% above the year-to-date budget. Compared to 1998 year-to-date, sales tax increased $139,084 or 6.0%. Sales tax received in March total $717,005 which is 7.5% above the adopted budget estimate of $667,002. Compared to March 1998, sales tax increased $2,366 or .3%. City of Federal Way March 1999 Monthly Financial Report The following tables summarize sales tax collections by SIC Code group. · Retailing activity for the month of March increased by $46,754 or 11.9% above 1998. Year-to-date the increase is $90,790 or 6.0% above 1998. This is due to an increase in overall retail activity. · Services activity has increased $14,021 or 6.7% over 1998. This is attributable to an increase in activity for automotive repair shops and smaller business and personal service activity. · Construction and contracting activity have increased $17,295 or 10.1% over 1998, which is further reflected in the City's building permit trends. Manufacturing activity for the month of March decreased by $48,120 or 61.1% below 1998. Year-to-date, however, the change from 1998 is an increase of $10,001 or 10.0%. This is due primarily to a major manufacturing company reporting sales tax on a quarterly basis for part of 1998 versus monthly in 1999. For the month of March, in 1998, the major manufacturing company reported 4u~ quarter 1997's activity, whereas in 1999, the company reported sales tax activity for February 1999. The difference is three months activity being reported in 1998 versus one month's activity in 1999. The company is currently reporting on a monthly basis. ="' .~...',: ':;,.i!.'.! !;; i~ '-', ::,:' '~::..'..:.~.:'a,,s,' . I ' ~' I.. ,~' I '~ ~ '~ ' L" ~ I ,~ !~o, rm F~lalTrade $ 337,862 $ 371,776 $ 370,454 $ 3GP_.,114 $ 386666 $ 394,388 $ 441,141 $ 4~754 11.9"/, 5942 5615 1Q369 6933 7,787 15514 8303 (7,21~ -465'/ 3~2 7,6~6 5843 8566 8218 10,703 7,610 ~CE~ -289°/ II City of Federal Way March 1999 Monthly Financial Report The following table details, through March, comparative sales tax activity between 1993 and 1999 segregated by various retail centers including SeaTac Mall, South 348th retail center and the Pavilion retail center. The City's largest retail center, South 348th retail centers, which generates over 16% of the City's sales tax has experienced growth of $44,365 or 12.6% compared to 1998. · The SeaTac Mall experienced a slight increase in taxable retail sales activity through the month of March. Compared with 1998 activity, sales tax collections have decreased $6,758 or 2.2%. · The Pavilion Center sales tax collections have increased $7,839 or 25.3% due to increased activity. TABLE4 SALES TAX COMPARISON Through March Group 1993 1994 1995 1996 1997 1998 1999 $ Change % Change Tolai Sales Tax $2,012,554 $2,054,469 $2,139,320 $2,135,685 $2,166,831 $2,302,778 $2,441,862 $139,084 6.0'/, S 348th Retail Block $201,385 $235,298 $307,350 $310,794 $331,814 $351,883: $396,248 $44,365 12.6~/~ %changefrornpreviousyr 209% 168% 30.6% 1.1% 6.8% 6.0% 12.6% na na Percentage of total 10.0% ~ 11.5% 14.4% 14. 6% 15.3% 15.3% 16.2% O. SeaTac Mall $355,045 $355,402 $343,726 $318,198 $309,356 $313,172 $306,414 ($6,758) -2.2% % change from previous yr 5.3% 0.9o,/o -4.1% -7.4% -2.8% 1.2°/0 -2.20/o na na Percentage of total 17.6% 17.4% 16.1% 14.9% 14.3% 13.6% 12.5% -1.1% -7.7°/0 Major Auto Sales $73,558 $81,392 $79,992 $90,666 $79,177 $89,165 $85,194 ($3,971) -4.5~/~; %changefrompreviousyr 31.3% 10.6% -1.7% 13.3°/0 -127% 12.6% -4.5% na na Percentage of total 3 70/0 4.0% 3 70/0 42% 3. S 312th to S 316th Block $26,201 $24,454 $26,522 $24,071 $23,101 $22,589 $24,591 $2,0~1 8.9~/, % change from previous yr 42% -6.70/0 85% -9.2% -4.0% -2.2% 8 9~/ na na Percentage of total 1.3% 1.20/0 1.20/0 1.1% 1.1% 1.0°/0 1.0°/0 O. 0% 2. 70/0 Pavilion Center na na na $37,111 $34,088 $30,988 $38,827 $7,839 25.3% % change from previous yr na na na na na -9.1% 25. 3% na na Percentage of total na na na 1.7% 1.6% 1.3% 1.6% O. 20/0 18. 20,/o Hotels & Mol~ls $8,011 $6,259 $9,080 $11,069 $7,782 $8,570 $10,549 $1,979 23.1% % change fromprevious yr 31.4% -21.9% 45.1% 21.9°/0 -29. 7% 10.1% 23.1% na na Percentage of total 0.4% 0.3%: 04% 0.5% 0.4% 0.4% 0.4% O. 1% 16.1% City of Federal Way March 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 March was below the adopted budget ($110,335) by $29,473 or 26.7%, which does not follow the pattern of prior years, however year-to-date REET revenue is above budgetary projections by $208,603. Eat. I~Value $ 3~0,7m,600 $ 23~aZ~00 $ ~3~,000 $ 27S,76S,~O0 $ 342,73~,440 $ 4'13,6tl, S16 $ 3~0,000,0m $ 8~,2t4,0SS $ 4~,730,671 REAL ESTATE EXCISE TAX ACTIVITY Through March $500,000 ". . ,: .: , $400,000 $300,000 $200,000 $100,00~ $- City of Federal Way March 1999 Monthly Financial Report State Shared Revenues The following table and graph present a comparison of state shared revenues received through March between 1993 and 1999 by revenue type. Motor Veh~c~ Exc~se Tax$ 2~.876 $ 329,887 $ 330289 $ 2'C.~ $ 222,3~ S 2359~0 $ 239.320 $ 2530~ S 13 7~ 5 7~ Cam~r Ex~ T~ 2,603 2,~3 2,820 2,7~ 2,7~ 2,~2 3,170 3,981 811 25,6°4 Crim Just L~-po~DCD - ~,913- 77,715 + ~,242 * 79,612 - 31,3~ ~ 31~620 - 27,6~~ "31~ ' 4, i70 ~ ~5. i04 Crim Just Hgh Crime ~9,7~ ~ 63,289 _ 6e,6e9. 59,~ 73,376- _ ~,4~ Equalization 181, ~ 180,474 149,629 103,391 92,810 92,8~ 97,8~ 98,493 ~3 0.6°4 L~I Crim Just * 245,~9 * 2~,~ ' 263,671 - 265~5~- 309~130 ' 328,895 -- 331,3~ * ~2,~0 ' 31,250 - 9~4°4 · Criminal justice-high crime has collected $86,490 through March. This revenue is related to 1998, but was received in the current year. We are not budgeted to receive any high crime revenue in 1999. · Liquor Excise collected through March totals $38,887, which is below estimated revenues ($63,056) by $24,169 or 38.3%. · Camper Excise is exceeding estimated revenues ($3,170) by $811 or 25.6%. · Local criminal justice sales tax to date of $362,640 is exceeding the estimated revenues ($331,390) by $31,250 or 9.4%. · Criminal justice Iow-pop has collected $31,866, which is $4,170 or 15.1% above the budgetary estimate of $27,696. t~Veh Lic Fees · Fuel Tax [] Criminal Justice [] Equalization ·Liquor ·MVET $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $- STATE-SHARED REVENUES 1993-1999 / City of Federal Way March 1999 Monthly Financial Report Utility Taxes The table below summarizes utility tax revenue collections. Through February tax collections total $878,911 which is $11,504 or 1.3% below the monthly budget estimate ($890,415). Phone utility tax is $60,727 or 35.3% below budget due to the fact that we have not yet received a February remittance from a major phone company. Based on trends, the payment is expected to be approximately $67,000. I I.;~'~.~.~..~:':~. ~,~'~":.'.~.:~' ~:~ ~:~: ,~, '~,.',' ~;~:~;~::' · ~.~:T~ :";,~. "~,.. ' . ' .': '. ' .;~..:., ' ' ', "~'~:',.~. I~ ,,' ":"~'~T~"~'":' '~ >' ~"~'": ': ' :~'"~"" "' ""'"' '::;~'~'~:""~ ~-~.'" '"~'"' ' ' :" ' '" =~'~ "' "' " ~ .... ~"~' .: ' ~ "~'" "%" El~dc 114,~5 391,~0 1,800,058 381,768 408.089 $ 26.322 6 9% Gas 9,933 48,358 153,008 519,109 146,438 161,172 14,7~ 10.1% Garage 5,766 18,923 49,912 315,276 52,466 48,450 (4,016) -7.7% Cable 324 19,9~ 72,680 465,876 76,0~ 79,582 3,~9 4.7% Phone ......... ~,~5~ 39,313- 16~,1'66 ~ 955,37~ ~ 172~1-~ .... ~-1~,386- (60,727) ..... -35.3% Sto~ Drainage 2,624 179,259 3,9~ 892 (3,012) -77.1% Cellular 8,0~ 17,251 56,873 387,416 55,9~ 67,951 12,014 21.5% Pagem & Intemet ~ - 1~ ..... 453~ 1,~14 11,40~ ~56 ' 1~3~8 -' (368~ ---21.0% Gambling Taxes The following table summarizes gambling tax collections by activity type through February. Gambling tax rates by activity type are 2% on games, 5% punchboards, 5% pulltabs, 20% cardrooms, and 10% on bingo. · Cardroom (70.9%) and pulltab (27.5%) activity account for the majority of the gambling tax revenue through February 1999. Cardroom sales tax collections increased by $138,975 or 3,164% over 1998. This is due to increased activity at one major establishment. In 1998, this establishment was remitting approximately $23K per month compared to approximately $70K per month in 1999. GAMBLING TAX BY ACTIVITY YTD Through February ,...,.~ ' .' '..' 19g~A~USl :, .' 1998 A~UaI' ':,' 1999 AgtUM Change from 1998 · A ,cUvlty ' % ' {' "$ ' % ] $ '% I' $ SVa[tance [ %Variance Games 0.0% $ 0.0% $ 0.4% $ 725 $ 725 na Punchboards 0.0% 0.0% 1.2% 2,403 2,403 na Pulltabs 80.2% 51,939 88.2% 39,180 27.5% 55,699 16,519 42.2% Cardrooms 19.8% 12,810 9.9% 4,392 70.9% 143,367 138,975 3164.3% Bingo 0.0% 1.9% 845 0.0% - (845) -100.0% Total 100.0% $64,749 100.0% $44,417 100.0% $ 202,194 $ 157,777 355.2% City of Federal Way March 1999 Monthly Financial Report 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. 19~ 199~, 1998 1997 1996 1§93 lZJ92 1~J91 $- $50,000 $100,000 $150,000 $200,000 PERMIT/ZONING/PLAN CHECK FEES Through March ..i B Eiectricai ~ BId/PIn/Zning Fees Overall, Community Development permits and fees total $330,474, which is $138,966 or 72.6% above the adopted budget estimate ($191,508). Included in this total is $12,326 of Expedited Review fees, which are pass-through revenues. For the month of March, revenues collected were $148,530 or 90.7% above budgetary estimates ($70,633). 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 March ($133,750), permit revenues and building fees have increased $196,724 or 147.1%. Building permit fee collections through March total $140,750 which is $41,161 above the adopted budget estimate ($99,589). 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 $25,523 which is $4,973 or 24.2% above adopted budgetary estimates ($20,550). Zoning fees collected through March total $36,259 which is $17,599 or 94.3% above the adopted budget estimate ($18,660). Plan check fees collected during the same period total $115,617 which is above the adopted budget estimate ($52,709) by $62,908 or 119.4%. Included in this increase is revenue associated with several residential developments in the city, a large financial institution and a nursing home/rehabilitation center. City of Federal Way March 1999 Monthly Financial Report I 1~.?-1~ . . , '.. :,. ' , "';' i I 'I" ~" I ~M 'i ~ I M?..I:. ~M I: ' ~# . ! ."."~.'"' .I ! ! ~ ~ ..... ~'T-; January .$ 33,708+$ 36,051.$ 48,383 $ 26,306.$ 59,934.$ 54,814.$ 53,165.$ 77,561_$ 24,396_ 45.9% February 39,795 47,671 34,376 44,823 81,164 33,057 60,446 104,383 43,937 72 7% March ' 61,117' 52,296' 30,950~ 48,297- 95,791' 45,879- 77,897 148,530- 701~' 90.~% *-,, . 81,936. 63,273. 36, _ 51, i 95,5101 67,315_ 74,057. ' - 0.0% May 61,353 53,636 65,038 50,280 55,171 60,598 75,731 0.0% lu~ 56,643- 39,732 - 69,015' 65,217- 571030 - 106,758~ 87,461- ' ; - 0.0~ ?ulY - . 50,760. 36,428 .-. 60,208. 64,655. 50,4~74_. 144,686_ ~8~,077 .... 00% August 46,091 42,525 71,299 60,072 56,879 136,374 71,521 0.0% .................. ~ ~ 0.0% Septembe~ 55,870 67,062 58,683 37,509 61,053 92,585 75,143 oao~ ............ ; - 0.0% 59,489 38,435 60,354 42,402 48,152 122,107 67,393 November 55,740 70,370 43,435 45,163 32,664 100,067 52,480 - 00% December 57,415 49,954 81,867 49,613 48,716 72,243 69,822 0.0% E~p__~..M_arc, _ 435,202 ....... :~?.507_ 433,982_ 459,7e6 .... 49~_,!19 477,875 ........ 577,989 614,037 na na Recovery Ratio 30,9% 32.3% 26.2% 26,0% 47.9~ 28.0% 33.1% 53.8% na na Y'rD Recovery Ratio 39.4% 41.6% 39.0% 34.0% 35.7% 37.8% 36.9% na na na · Building permit related revenues have recovered 53.8% of Community Development operating expenditures that total $614,037. The table below presents a synopsis of building permit activity as of March 31st for new construction between 1993 and 1999. ~, :,~' ..... ...~,, , .. . . . ..?~,. .....,,..,,,=;::,,.~ . . . . . :. ;.. .... ~~.~ewCONs3Wli~l~, , . ,,.:,~:;;,'.,' , ,,i, .',...' ':: '. !. ! · ,~,~ ...... .,.,.. ..... . . ~ ........ .... .7,,, ..i~.~; .:.;.::!.. .,:.. , ,.,,,~..~:>., .:.. ;., . . ,,, ~ ;, , , u . ~kn~ ,' '.., · "." .' .L~.::l:,~:!~.'iz.L~.._~'~..:~.:-_..!.~....:::.:....,i ..... _:.....LM .: .[ ....... ~.!._~_.. ...... ,'._L.~ ...... !#T... ..... i ~sN . ....~ ..... Resident,al 30 $ 5,404,207 46 $ 7,327,063 .'34 $ 5580,071 30 $ 5423800 39 $ 7243~71" i~'"~"-2~'~'~'~'3-~----:~'5'--~'"'"'~-~1"(~84' Come'aT -- ~- -'~1389~)-7 ..... ~- 1,629.413- 5'- 31~2,7~5- :-- - :' ~- ~,~82,97~--~- 3,751.60~-- ~ ..... ~7,79:3 Multi-family 2 522,564 3 7,598,259 2 490,546 Public_ ....... 1 241,000 .... Mobih~ Homes 5 40,708 4 23,200 12 104,957 4 34,023 1 3,920 6 50,204 4 35,891 City of Federal Way March 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 March totals $81,872, which is $35,388 or 76.1% over budget estimates ($46,484). Included in this total is $6,995 of Expedited Review fees, which are pass-through revenues. '. :. I' I I ,,--, .! i January . S 1'855. $ !6'~98_ $ 22'39~ . $ !2'719 _$ 7t~! . $ !6'18B . $ 16'959 . $ !9,293 . $ 2~334 . 13.8%[ F~bru~ry . ~ . 2,~03_ !0,580_ 6:?7 . ~3,627 . 8,583_ 8,437 _ ~3,802 . !9,402 ~ $ 5,600 Marc~ 3,790 8,826 11,568 10,708 26,504 12,347 15,722 43,177 $ 27,455 1746%1 APN - 18,~,96* ~2~,4:3~ ' ~ i1224 - 141751- 9,079 - 19,977-24,59~ 00% May .... 4,163--' 6,955- ':~'8,991 - 21,158- 9,551 - 26,621 * - 17,954 ..... 00% ,June ' - ~14~5 ...... 39,839- - ~,131 - ~,28~ - 9,977 - ~61339 - 7211273 July ' - 16,~ .... 8,374 .... ~9,72~ - 2~i~76 - 12,353 ' ' 21,00~- - 1~),6~.5 0 00~ September 6,583 9,997 9,006 15,252 26,180 42,540 19,191 00~ October ................... i 0'0~ 35,280__ (~32,125)_ 22,759_ 17,(~4_1- 15,049 __ 32,348__ ..13,1~47' . November 7,947 11,036 27,799 13,524 18,019 33,531 20,759 0.0~4 oeCemDer - - ~1193 .... ~,,147~ :2~,6~- ~4,83~- ' ~i049-- -32,~' 22~6~3 .... :~ 0.0°4 MonU'dy Average g,914 12,071 14,8g0 16,435 15,735 25,535 1 g,2g8 6,823 2,g49 n~ Right-of-way permits collected through the month of March total $19,924, which is $6,620 above the adopted budget ($13,304). Plan review fees have exceeded the monthly estimate of $33,180 by $13,608 or 41.0%. This is partially due to the addition of a large financial institution and a nursing home/rehabilitation center to the city. · Inspection fees collected total $5,165 and zoning fees total $3,000 through March. PERMITS AND FEES Through March 70,000 60,000 50,000 40,0OO 30,000 20,OOO ~Plan Review Fe ffi R ~De~ Permits 10,000 1993 1994 1995 1996 1997 1998 199~ 199~ Adp Act City of Federal Way March 1999 Monthly Financial Report GENERAL FUND District Court Activity District Court filing fees for 1999 are $21.02 for each traffic infraction and $75.91 for all citations filed. In cases where bail or penalty is forfeited, the filing fee is reduced to $3.00. The graph compares district court expenditures and number of cases filed through March between 1992 and 1999. The table presents a monthly trend of municipal court revenues and expenditures between 1994 and 1999. Court Costs vs Num b®r of Filings Through March $140,000 $120,000 $100,000 $80.000 $60.000 $40,000 $20,000 $- $,433 1,67S' , 3,672 1992 1993 1994 1995 1996 1997 1998 1999 4,000 3.500 3,000 2,500 2,000 1.500 1,000 500 ~Court Costs · Number of Filings · Through the month of March, fines & forfeiture collections total $220,395, which is $55,304 or 33.5% above the monthly estimated revenue ($165,091). · Overall, Criminal Legal Service expenditures total $225,832, which is $1,857 or 0.8% above the annual estimated budget ($223,975). Revenues Expenditures Distdct Court Witness Fees Administ~ative Public Defense interpreter/screener 37,282- 33,597- 44,681- 48,040- 66,488' 77,390- 61,2211 !6,1681 20.9~ 2,861' 2,~22' 2,591' 1,510' 3,637* 1,851' 7,640_ (5,790). -312.8~ 36,097* 40,5061 . ~0,600I 42,629. 79,713, 78,864 * 98,219. (19,355)_ '24.5~ 48,974- 48,091 49,257 29,638 64,017' 61,15~i. 50,364_ 10,794. i7.6% 798 * 1,010 ' 3,243 - 41172 6,112 4,712 8,387 (3,675) -78.0% Rev over (under) Exp 3,i27 . ~i010 . 23:672 ~ (3:952)i (18,374). (58,884)i (5,437)i 53,447 i 'n/a ~'..o~ I .... '~';.31 r .... i;iii"l i;,o~ ! ...... =.~2 i ....- ~ ..... ~.i~i3'l ' ' ./. i,~. City of Federal Way March '1999 Monthly Financial Report Public Safety - Jail Services The graph below compare jail service expenditures and number of bookings filed between 1992 and 1999. Booking costs are associated with registering a prisoner, while maintenance costs reflect expenditures for daily meals and shelter of prisoners. In addition, King County will assess a 10% fee for investigative work. Jail Costs vs Bookings & Maintenance Through March S300,000 3,500 $250,000 $200,000 $150,000 $100.000 $50,000 $- 1992 1993 1994 t995 t896 t997 1998 1999 ~Expenditures +Cases 3,000 2,500 2,000 1,500 1,000 500 · Through March, jail service expenditures total $186,609 which is $18,528 or 9.0% above the budgetary estimate. City of Federal Way March 1999 Monthly Financial Report Recreation and Cultural Service Programs and Dumas Bay Centre Performance The table below summarizes recreation and cultural service and Dumas Bay Centre activity and their related recovery rates. Recreation and cultural services: Revenues total $139,057 or 27.7% of the revised budget ($501,343). Direct program expenditures total $137,089 or 20.5% of the revised budget ($668,044). Recreation fees have recovered 101.4% of direct program costs. Including administrative expenditures totaling $112,632, the overall recovery ratio is 55.7%. Dumas Bay Centre: Operating revenues, total $96,012 or 22.3% of the adopted budget ($429,609). Operating expenditures total $107,110 or 22.9% (excluding one time costs) of the revised budget ($467,436). The Dumas Bay Centre has recovered 89.6% of all operating costs without considering unearr,ed revenues. Knutzen Family Theatre: Operating revenues through March total $8,678 or 14.7% of the adopted budget ($59,030). Operating expenditures total $24,354 or 15.3% of the adopted budget ($159,030). ":':;.;~ii¥~i~i...i: :?:¥': '. REC.RF. ATION,!&'.C..ULTURAla.~ERVlCE PROGRAm AND... DUMAs.BAY CENTRE PERFORMANI:~. !;,:i.'.i :::.~." '.' .':' .. ...,. ~.~;,. '~ .~..., . , . : ., ,., : , .., ,,· . , ::.: ~ .', . ..., , .. ,.. 1'.::.'.¢ ;,~,".,"". ~.':.~ "' . ~:.' I:"" . Rwenu~ I : r=q~nd#ure,~ I'~':',R~'oveo'~"~ ATHLETICS AND SPECIALIZED SERVICES ~0r~munity Center .... 20,500 ' 8,975 43.8%- 61,250- - 131657- ~2.3~/0- -- 33.5%' - 65.7% Senior Services - 22,333 ' 7,188 ' 32.2%' 65,547. 18,002 ' '2715%-' 34.1% 39.9% Special Populations 10,700 7,670 71.7% 49,380 18,316 37.1% 21.7% 41.9% Youth Commission 500 0.0% 2,400 70 2.9% 20.8% n/a Adult Athletics 164,850 56,851 34.5% 114,805 19,893 17.3% 143.6% 285.8% Youth Athletics 98,600 14,241 14.4% 87,816 15,889 18.1% 112.3% 89.6% Aquatics 2,000 0.0% 33,890 0.0% 5.9% n/a Administration n/a 177,802 53,597 30.1% n/a n/a COMMUNITY AND CULTURAL SERVICES Arts& Special Events - '37,490 6,792 18.1% - 54,314 - 14,897 ~ 27.4%- 69.00/0- 45.6°/~ Comm~_n!tyRecreation .... ~_ '1~71390I ~1839I 271:2°/0~ __ 166;144~ 35,9351-2~.6°/~_ _76.~%- 96.4°/~ Red, VVhite & Blue 16,980 2,700 15.9% 32,500 420 1.3% 52.2% 642.6°A Administration n/a 211,223 59,035 27.9% n/a n/~ TOTAL RECREATION $ 501,343 $ 139,057 27.7% $ 1,057,069 $ 249,711 23.6% 42.5% 55.7%I DUMAS BAY CENTRE ~ Dumas Bay Centre ** 429,609 96,012 22.3°/0 ' 467,436 107,110 22.90/0' 91'.9%~ 89.6°/0 I Knutzen Family Theatre** - 59,030 * 8,678 * 14.7%- 159,030 24,354 - 15130/0` 37.~%~ ' 357%J TOTAL DUMAS BAY CENTRE $ 488,639 $ 104,690 21.4% $ 626,466 $ 131,464 21.0% 78.0% 79.6%] Revenues do not include interest income or operating transfers Expenditures do not include interfund contribut~ns. City of Federal Way March 1999 Monthly Financial Report Public Works - Contracted Services The table presents a year-to-date analysis of the Public Works and Surface Water Management (SWM) contracts with King County, WSDOT and private vendors. Most on-going maintenance takes place during the spring and summer months. I . I ' I il..'....:, ii ....:' , I ' I Expedited Plan Review (1) $ 5,000 $ 6,995 139.9% Contracted Pi~ Review (1) - ' - n/a · ~i~~;~i: ~:!:~:'? '.': "~"! ':'.':~'~ ~-[~!??'~=".'.'?"'"'"~'.'.'.")0OT~~''~:' .~/'. ''~ ': ".'.e,""~li:~i:'~~ Neighborhood Safety (1) 20,000 716 3.6% Traffic/Transportation i 0,000 ' 2,189 - 21.9% Traffic Maintenance - KC 358,000 ' 27,449 ' 717% Street Maintenance - Private Contractors (2) 223,202 75,051 33.6% stree~ M~int~nance ~ WSDO¥ ~5,036 0.0% Structure Maint~nan~ (3i ~19,367~ i1155 ' 1 ~0% Solid Waste Litter Control 47,304 7,884 16.7% ~-~-~--bt~i'~l~'~Na'ste' i $ ' 47,304 $ 7,884~ .......... . ........................................ ; 18.71& Water Utility Bilhng - KC ...... 65,000 14~230 21.9~/~ State Highway Maintenance - WSDOT 42,500 - 0.0% Water Analysis (1) 13,877 - 0.0% Str. Sweeping, Catch Basin, Manhole & Pip~ (1) 267,241 ' 31,080 - i 1.6% Snow & Ice Removal (1) 30,000 - 0.0% snow & Ice R~m0vai L Lal~ehaven Utility District 10,00~-- - 0.0% 8ubtotalSnow&lceRemoval . ~$ ..... 40;OOb [$' ' '-[ .............. Total ~'~ntnlctual Services ' i $ 1,296,621' [ $ 166,747 i 12.9% Capital Projects City Facilities CIP accounts for the Public Safety and Downtown Revitalization capital projects funded with the 1997 GO Bonds. Parks CIP accounts for the acquisition or construction of major park capital facilities except those facilities financed by proprietary funds. SWM CIP accounts for major capital facilities associated with managing the existing storm water conveyance systems, regulating the clearing, grading and erosion control phases of new land development, constructing, maintaining and repairing elements of the City's drainage system, and controlling water quality within the system. Traffic/Streets CIP accounts for improvements to existing traffic signals and new signalization, improvements of roadways and arterials, including the construction of new street sections, the purchase of right-of-ways, the widening of roadways to provide additional vehicle lanes, and the installation of sidewalks and landscaping. City of Federal Way March 1999 Monthly Financial Report CIP - 1997 GO Bonds 101 Pubti~: Safety 5,066,430 ' - n/a 102 Downtown Revitalization 2,399,168 2,399,168 33,609 1 4% 104 Opportunity Fund 17,492 - n/a CIP - PARCS 101 O~en Space Projects 140,925 140,925 6,178 4.40/ 108 School Site Improvements 9,582 9,582 180 1 1 i2 Neighbor'nood Parks - 72,294 ' 72.294 - 0 0% 114 Celebration Pa~ 208.471 - 118.471 ' 64,021 ' 54.0% 1'15 ~laha~ee Lake Community/Senior Center 27,229 27,229 ~' 0.0~ 119 BPA Trail Phase ~11 127,841 127.841 782 0.6% 124 Skateboard Park 24,665 24,665 8,444 ~ 34.2% 125 Panther Lake 74,140 74,140 - 0.0% 126 Asphalt Overlay~3r Paths &' :rraiis 5,915 .... 5,915 ........ 1,043 111 Sma!l Cap_itaJ P _r~f_ ~_ .s _ 333,578~ 333,570_ 16,337 ....... _4_.97 210 Panther Lake 11.502 11,502 - 0.0% ~13 SeaTac Mall Detention ~ 1,789,643- 1,789,643 - 69,013 3.9~/ 215 340th St. Regional Storm Detention 196,990 196,990 3,418 1.70/ 220 3361h Kitts Comer ~ . 33,919 33,919 - 0.0~, 230 Starlake Road/S 272nd Conveyance 69,513 69, 513 315 0.5~, 240 S 356th Regional Storage 205,387 205,387 5,426 2.6°/ 241 S 356th Drainage Study _ _ 623,535 _ 623,535. - 0.0°~ 242 W Hytabos Channel Stabilization 196,986 196.986 - 0.0~ 310 ClP Studies 29,970 29,970 8,198 27~4~ CIP - Traffic 106 21St Aven_u? ~ SW. 325~ signal . 3~.78 ff -- 32,981 0.0°/ 108 Dash Poin~t Rcl&.~_8_~ _Avenue SW - 274,_,563 _ __244.563 _ . _2,493 - 1.0°/ 113 S 336th ~ SR99 - Const. RHTL 398,508 398,508 61,037 15.30/ -1~4 M,~ta~ "u & ~-~r Lako s~gne~ .... 163,440 163,440 23,976 102 S 3~'(~ 1stAve, - - ' ~7,806-- - '~7~800 - -~ 106 SWS 336th (~ 21st to 27~ Ave SW 72,173 72,173 2,842 39% 109 317b'1 - 326~, 23rd Ave S 1,918,405 1.918,405 110 0.0% 112 S 348th/1-5 to SR99 26.000 26,000 * 00% 113 312th St./aR99 - 23rd Ave. 2,370,811 2,370,811 556,043 23.5% 115 Milita~ Rd, S/286th to 304th Ave 874.894 874,894 1,380 0.2% 117 Other Bond Projects 339,800 - n/a 122 S 320th St. & SR99 434,093 434,093 12,779 2.9% 123 21st Ave SW & SW 334th St. Ped - 192,956 192,956 390 i~4 sw 312t~ st. ~ 14t~ Ave sw P~d ~00 900 ~00 1000% 125 SW 340th St. & Hoyt Rd 53,875 53,875 3,815 7 1 ~28 S 9~ ~p- 312t~ to S 324~ 725,722 725,722 25,89~ 3.6% Dumas Bay Centre Deferred Maintenance 31,828 - 31,828 ' - 00%( 102 Civic Theatre 31,295 31,295 2,335 ' 75% )veriay Program 2.018,311 2,018,311 13,920 .......... T~._?~_.._ .~...~ ........ ~.~. ............... 2,o,,,,~, ~ s ,,o,u,, } $ c,. ,...d T~, !, 2...,,2~-['4 ............. VG,-~'I ~ 02~.,, 0.7~ 0.7~1 City of Federal Way March 1999 Monthly Financial Report OTHER STATISTICS Cash and Investments The following graph and chart show the average maturity yield for the years 1996 through 1999. The average portfolio maturity and yield as of the end of March is 5.07%. This is a decrease of .23% from the December 31, 1998 balance of 5.30%. Investment Interest Rates as of March 31st 7.00 6.00 5,00 4.00 3.00 2,00 1.00 1996 1997 1998 1999 Month T-Bill IState Investment Pool r'llnhouse Investment rlTotal Portfolio Investment Interest ~i ":i'?i~;:'.:~ .:'"~:"?: ...', ::'"" '~"?:'"':~Actoal¥1~kI.Amount~'"':""" :':~':'""~ "'a~, ''~ ............ of'M~rCh~.3~lst. ~' ......... ~':'~ ~': ' ....... ":' .~' ...... .. .... ' :" ~' ' Year t996 1997 1998 1999 6 Month T-Bill 4.96 5.49 5.22 4.67 State Investment Pool 5.39 5.33 5.50 4.85 Inhouse Investment 6.16 5.77 5.92 5.24 Total Portfolio Investment Intere 5.83 5.60 5.73 5.07 The City has currently invested 45% in the State Investment Pool, 18% in Agency securities, 8% in Bankers Acceptances, 8% in Certificates of Deposit, and 21% in Treasury Notes. City of Federal Way March 1999 Monthly Financial Report Investments by Category March 31, 1999 Bankers Acceptance 8% Certificate of Deposit 8% Agency State Investment 18% Pool 45% Treasury Notes 21% The State Investment Pool is composed of 71% Agency, 5% US Treasury, 7% Commercial Paper, 16% Repurchase Agreements and 1% Certificates of Deposit. State Investment Pool Investments by Type Commercial Repurchase U.S. Treasury Paper Agreements Securties 7% 16% 5% Certificates of Deposit 1% U.S. Agency Securities 71% 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 April 21, 1999 ATTACHMENT A CiTY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through March 1994 - 1999 Actuals 1999 Revised Budget Actuals Variance Through Through Favorable (Unfavorable) .es/Uses 1994 1996 1996 1997 1998 Annual March March Dollars ($) =ercent (%) Beginning Fund Balance $12,181,738 $11,403,627 $10,331,541 $10,396,188 $16,128,342 $17,254,368 $17,254,368 $17,264,368 $ - 0.0% Operating Revenues Property Taxes 127,750 114,332 191,957 179,934 289,194 6,634,350 174,596 174,596 0 0.0% Sales Tax 1,951,400 2,058,751 2,068,041 2,116,561 2,254,227 8,605,426 2,276,291 2,441,862 165,571 7.3% Hotel/Motel Lodging Tax 65,000 n/a Criminal Justice Sales Tax 267,903 268,326 274,563 306,640 331,763 1,362,747 331,390 362,640 31,250 9.4% Intergovernmental 1,383,063 1,328,353 1,139,661 998,114 1,016,563 4,576,430 1,096,349 1,177,344 80,995 7.4% Real Estate Excise Tax 340,719 208,787 249,639 342,552 365,044 1,200,000 227,467 436,070 208,603 91.7% Gambling Taxes 58,672 98,569 85,574 108,183 78,738 509,600 239,523 288,886 49,363 20.6% Utility Taxes 39,431 630,321 1,265,322 4,633,769 1,287,752 1,394,043 106,291 8.3% Fines & Forfeitures 129,138 130,236 154,044 122,037 201,593 714,000 165,091 220,395 55,304 33.5% Building Permits/Fees-CD 136,018 113,709 119,426 236,888 133,751 853,193 191,508 318,150 126,642 66.1°~ Pass Through Fees-CD 12,326 12,326 n/a ROW Permits/Fees-PW 35,604 40,762 47,054 42,130 36,971 239,573 46,484 74,877 28,393 61.1%; Pass Through Fees-PW - 6,995 6,995 n/ai Licenses 25,495 28,956 26,509 29,439 21,555 123,201 42,918 65,703 22,785 53.1% Franchise Fees 88,897 91,824 98,171 216,624 113,401 494,255 118,790 111,625 (7,165) -6.0% Recreation Fees 104,327 95,395 112,544 97,393 106,227 501,343 116,903 139,057 22,154 19.0% Dumas Bay Centre 8,234 30,709 29,692 53,168 66,010 429,609 63,446 95,012 32,565 51.3%i Knutzen Family Theatre 59,030 14,758 8,678 (6,080) -41.2°/c Interest Earnings 73,110 39,716 54,444 91,795 62,498 1,040,139 83,125 290,039 206,915 248.9% Admin Fee-SV~I & Solid Waste 37,595 38,724 40,684 41,497 168,478 42,120 42,120 (0) 0.0°/c SV~IVI Fees 132,106 129,055 78,793 69,512 63,437 3,120,302 89,392 108,316 18,923 21.2% Refuse Collection Fees 37,507 38,256 36,336 36,020 36,501 148,524 37,131 37,320 189 0.5% Police Services 18,772 37,495 138,432 14,744 127,230 112,486 762.9% Other 159,362 146,925 134,950 3,322 174,176 139,765 12,821 21,496 8,674 67.7% Total Operating Revenues 6,069,306 6,000,267 4,979,663 6,740,089 6,696,963 36,767,166 6,672,600 7,966,778 1,283,178 19.2'~ Operating Expenditures City Council 56,621 79,738 80,717 87,853 91,659 219,841 103,585 98,946 4,639 4.5% c* '4anager 143,513 69,587 124,245 162,116 161,569 567,110 155,322 165,533 (10,211) -6.6% ement Services 273,608 348,880 367,613 364,499 352,316 1,953,959 494,257 417,778 76,479 15.5% ~. _egal Services 95,310 87,508 116,284 120,620 132,697 522,356 124,193 196,374 (72,181) -58.1% Criminal Legal Services 126,011 125,226 130,372 125,989 219,957 1,210,809 223,975 225,832 (1,857) -0.8% Comm. Deveiopemant Services 866,399 849,331 653,969 562,206 550,800 3,048,376 702,680 698,174 4,506 0.6% ~olice Services 2,055,966 2,021,871 3,458,248 2,358,067 2,807,651 12,049,356 3,127,945 3,067,137 60,808 1.9% Jail Services 145,669 86,519 102,332 136,065 127,071 875,000 205,136 186,609 18,528 9.0% Parks & Recreation 709,927 671,457 751,918 598,985 613,582 3,065,364 694,471 619,546 74,924 10.8% Public Works 525,330 461,363 605,824 636,341 695,402 3,444,273 701,637 734,474 (32,837) -4.7% ,City Overlay Program 234 1,079 31,063 82,819 2,018,311 13,920 13,920 0 0.0% Snow& Ice Removal (1) 307 6,472 49,765 24,231 55,076 7,454 5,135 2,319 31.1% ~olid Waste 37,344 27,387 36,067 48,430 44,484 299,727 38,120 45,697 (7,577) -19.9% Hotel/Motel Lodging Tax 65,000 n/a Surface Water Management 246,848 252,960 328,946 378,801 365,486 1,749,884 402,626 370,528 32,098 8.0% ~)ebt Service 1,101 3,123 2,183 2,184 5,293,482 4,734 102 4,632 97.8% 3umas Bay Centre 42,185 48,732 70,169 91,764 93,678 467,436 94,475 107,110 (12,635) -13.4% (nutzen Family Theatre 159,030 39,758 24,354 15,404 38.7% £otal Operating Expenditures 6,327,266 6,150,866 6,837,378 6,764,747 6,366,696 37,084,400 7,134,287 6,9?7,248 157,039 2.2% Dperetlng Revenues overl(under) Operating Expenditures (267,960 (160,699) (1,867,826) (14,668 330,367 (1,327,234) (461,688) 978,630 1,440,217 -311.9% Other Financing Sources 16,475 403,021 6,093,596 1,230,191 1,230,191 0.0% Dther Financing Uses 1,359,045 144,214 469,921 8,108 8,108 9,164,650 1,265,516 1,265,516 0.0% I Ending Fund Balance Solid Waste 111,484 188,505 213,050 296,991 294,316 285,378 289,511 n/a n/a Snow& Ice 191,274 103,239 73,358 103,530 100,000 100,215 n/a n/a Arterial Street 1,563,848 I 971,893 362,100 470,902 477,375 1,564,616 n/a n/a Utility Tax 2,120,030 2,847,359 2,385,638 n/a n/a SWIM 2,016,324 1,702,890 1,077,666 1,566,522 2,276,459 1,321,384 2,051,502 n/a nla Path & Trails 29,109 39,284 50,210 6,153 12,555 21,598 14,738 n/a n/a Strategic Reserve 2,150,560 2,104,645 2,050,477 2,022,389 2,025,496 2,000,000 2,014,166 n/a n/a ~=bt Service 1,657,809 1,936,991 1,618,909 2,986,805 5,283,482 4,447,344 5,807,571 n/a n/a is Bay Centre i 562,661 157,897 115,131 83,742 13,286 39,739 n/a n/a e 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 Interfund Loans 60,000 10,000- 10,000 10,000 10,000 10,000 n/a n/a Unreserved I 2,402,938 2,773,996 2,413,013 ! 1,490,828 3,532,267 1,529,991 - 2,871,728 n/a n/a ,rotalEndin~lFundBalance t$10,664,733 $11,108,814 $ 8,003,796j $10,389,897 $17,236,237 $13,446,9161516,767,366 $18,197,574 $1,440,217I 8.6%i Note 1: These expenditures occur primarily during the winter months. 4/21/998:19 PM Z o~ .-:..',?; '~ ':'5: :~. ' ,... "-)i'. · 'y.i'i .... :?: :'?. . ,]'% .2.: .,-~. ~:: '. .;~ CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT x ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Ordinance, Federal Way Fire Department Memo SUMMARY/BACKGROUND: Adoption of the 1997 Uniform Fire Code is mandated by the State. Local amendments will mostly retain current language instead of adopting state language. The only major amendment is the modification of the definition of .....hi.'..~..:. ,ri.'~.,W.~.c.,h..!.s.. ~..m..i.~ .eE..t... ,wi.'.~. P_r..e...vi.'..o.~ ..v....e~...i..o...m,...o..f..9,!.~.. ~..e.: ................................................................. ............................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: Land Use/Transportation Comnittee reconmends approval of Fire Code Adoption Ordinance and Amendments ......................................................................................................CITY MANAGER RECOMMENDATION: ~/'~"; .................... ~-~,~'-Y~: ........... :":': .......... ?c~ ....................... ~;._ ..... i~-(,~-¥, .................................................... .................................................................................... ............. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE C034PLETED BY CITY CLERK',~ OFFICE) COUNCIL ACTION: .~.) /' f ., ~,'~..:. , ,, , . ~< ')--:'- -. ' DENIED .~ TABLED/DEFERRED/NO ACTION~- -~ Enactment Rending ~--_- . ' ORDINANCE # ,_~--~ RESOLUTION # FEDERAL WAY FIRE DEPARTMENT 31617 1st Avenue South Federal Way, Washington 98003-5201 To; From: Subject: bate: Land Use and Transportation Committee Grog Brozek, Assistant Fire Marshal, Federal Way Fire Deportment 1997 Uniform Fire Code Adoption and FWCC Updates March 30, 1999 Attached is o copy of o proposed ordinance intended to: · adopt the Washington 5tote amended lc)97 Uniform Fire Code os required by state law · adopt nine local amendments to the Uniform Fire Code · reinstate modified definition and requirements for high-rise buildings · cleon up redundant language in Chapter 8 of the Federal Way City Code (FWCC). The following summarizes what is contained in the ordinance. Adoption of the State Buildinq Code (UFC) The state adoption of the amended codes became effective ,Tuly 1, 1998. The Federal Way Fire Deportment and the City have been enforcing the new code os required by state Iow since that date. However, the City has not formally adopted the code. As port of this ordinance, language has been added to the FWCC that will automatically adopt the current state adopted code eliminating the need to amend the FWCC evem/three years to keep current with state law. Local Amendments of the 5tote Buildincj Code (UFC) Cities have the authority under state Iow to adopt local regulations without approval by the 5tote Building Code Council as long as it does not affect residential construction of four dwelling units or less. The first through fourth new local amendments in this ordinance fit this classification? The fifth through ninth new local amendments in this ordinance would apply to all new construction. The first and third local amendments proposed by this ordinance do not adopt 5tote amendments to :t03.2.1. z General and 7404.2.3 Medical qas systems. · The 5tote amendments exempt medical gas systems from the storage, use and handling requirements of Article 74 - Compressed Gases. · The City code does not contain provisions for requirements of medical' gas systems. The UFC requires medical gas systems to comply with Phone: (253) 839.6234 or 927-3118 E-mail: info@fwfd, bess. net An Equal Opportunity Employer Fax: (253) 946-2086 Article 74 - Compressed Gases. Medical gas systems have been governed by the UFC for the past several editions. The second local amendment proposed by this ordinance does not adopt a State amendment to 1109.8.3 Reliclious ceremonies. · The 5tare amendment eliminates the requirements in the UFC that state "When, in the opinion of the chief, adequate safeguards have been taken," and "Handheld candles shall not be passed from one person to another while lighted." · The UFC allows participants in religious ceremonies to carry handheld candles when, in the opinion of the chief, adequate safeguards have been taken. Additionally, the UF¢ does not allow handheld candles to be passed from one person to another when lighted. The fourth local amendment proposed by this ordinance does not adopt State amendments to 7802.2 ,Seizure of Fireworks, throuclh 7802.4.9.8.10 Record. · The 5tare amendments eliminate the provisions in the UFC for seizure of fireworks and requirements of fireworks displays. · The City code does not contain provisions for seizure of fireworks. The City code does contain some requirements for fireworks display. The UFC provides for seizure of fireworks and provides additional requirements for fireworks displays. The fifth through the eighth local amendments proposed by this ordinance do not adopt 5tare amendments to 90~-.;>.;>.! Fire apparatus access, c)o1.4.;> Fire apparatus access roads, go;>.:t ~eneral and 90;>.? Fire Apparatus Access Roads, throuqh c)07.?.4.! Obstruction and control of fire apparatus access. · The 5tare amendments do not adopt, or in the case of 90;>.1, change the requirements for fire apparatus access roads. The 5tare amendment refers to locally adopted street, road, and access standards. · The City code does not contain provisions for requirements of fire apparatus access roads. E[n the unincorporated area of King County that the Federal Way Fire bepartment covers, fire apparatus access roads must comply with the provisions in the UFC. Fire apparatus access roads in the City have been governed by the UFC for the past several editions. The ninth local amendment proposed by this ordinance does not adopt a State amendment to 7c)0;>. ! .7.?.4 Tanks abandoned in place. · The 5tare amendment allows residential heating oil tanks of 1,100 gallons or less to be abandoned in place without being filled with an approved, inert solid material. The UFC requires that residential heating oil tanks be filled with an approved, inert solid material. The tanks are buried in the ground at different levels. At some point in time, the tanks will fail and the ground around the tanks is sub~ect to collapse. Reinstate Modified befinition and Requirements for High-Rise Buildings. The initial version of the City code contained provisions that modified the Uniform Building Code and required buildings that were seven or more stories in height to meet the requirements for high-rise buildings (see attached). These modifications to the UBC were a result of meetings between the Federal Way Fire bepartment and City staff. As T; recall, criteria that was considered in making those modifications included 1) the need to provide a reasonable degree of safety to the occupants of these buildings, ~?) the capabilities (personnel and equipment) of the Fire beportment to deal with emergencies in these buildings and 3) the fact that the majority of jurisdictions in this immediate area consider a building to be a high-rise when the building height reaches six or seven stories. Some years later, these high-rise requirements were removed from the City code. Tt is very possible that these requirements were inadvertently removed. The Fire Department was not consulted. The reasons the modifications were made to the City code initially are still as relevant and reasonable today as they were then. FWCC Housekeeping Amendments · Create "perpetual adoption' language · Update code references to the Uniform Fire Code · Update state code references to match 1997 state code adoption? · Eliminate FWCC language already contained within the body of adopted Uniform Codes · Change references to King County Fire bistrict No. 39 to Federal Way Fire bepartment. Fire beportment/Staff Recommendation The committee recommends to the full council adoption of this ordinance amending Chapter 8 of the Federal Way City Code as recommended by the Federal Way Fire Department and City Staff. following words appear in the codes and regulations adopted by this title, they shall be interpreted as follows: 1. "Administrative authority" as "building official"; "Chief," "Fire Chief," or "Chief of the Bureau of Fire Prevention" as "Fire Chief of the King County Fire District No. 39"; 3. "Corporation counsel" as "City Attorney"; 4. "City Treasurer" · as "Director o f Administration and Finance"; 5. "Local Zoning Code" as the "City of Federal-Way Zoning Code"; "Municipality"~ and "jurisdiction". as "the City of Federal Way". Whenever reference is made to local authority, codes, jurisdiction and similar concepts within the codes adopted by this title, interpretation shall render such reference applicable to the applicable city designation, jurisdiction and authority. Section 6. There is hereby created a new Chapter 15.08 of the City of Federal Way Municipal Code to be known as Buildinq Code. Section 7. There is hereby created a new section 15.08.010 Buildinq Code adopted of the City of Federal Way Municipal Code to read as follows: 15.08.010 Buildi~q Code adopted· The Uniform Building Code (UBC), ~.~988~i'~!~i~ including Appendix Chapters 11~7"(A~i~{%~%' Building), 12, Division II (Residential for Impaired Persons), 32 (Reroofing), 49 (Patio Covers), 55 (Membrane Structures), 57 (Regulations Governing Fallout Shelters) and 70 (Excavation and Grading), and the Uniform Building Code Standards, 1988 Edition, both as published by the International Conference of Building Officials, are adopted by this reference as if DAS0116601 Storage or laundry rooms that are'within Group R division 1 occupancies that are used in common by tenants shall be separated from the rest'of the building by not less than one-hour fire-resistive occupancy separation. For Group R Division 1 occupancies with a Group B division 1 parking garage in the basement or first floor, see Section 702 (a) . For attic, space partitions stops, see Section 2516(f). and draft Exterior and. interior doors and windows opening onto a common corridor, stairway or similar area serving 5 or more dwelling units shall be protected as specified Section 3305(h). Section 16. There is hereby created a new section 15.08.100 UBC Section 1807 amended of the City of Federal _Way Municipal Code to read as follows: 15.08.100 UBC Section 1807 amended. The title of Section 1807 of the Uniform Building Code is amended to read as follows: ~'.'.~PECIALLPROVISIONS'Z, FOR'%ALL ?BUILDINGS i.$EVEN ,~ ~OR ~MORE ~'.STORIES ~.IN ./{EIGHT . Section 17. There is hereby created a new section 15.08.110 UBC Section 1807(a} amended of the City of Federal Way Municipal Code to read as follows: 15.08.110 UBC section 1807(a) amended. Section 1807(a) of the Uniform Building Code is amended to read as follows: ~-~~'~~ ~~~~ ~"? ~' ...... ~'~ '0 "'" e~ ~.~ ~p ~y~:~~~Du~~-:~s e~en ~ or ".:m r... Section 18. There is hereby created a new section DASOl16601 8 ~ 15:08.120 UBC Section 1807(q) amended of the City of Federal Way Municipal Code to read as follows: 15.08.120 UBC Section · 1807(q) amended. Section 1807(g) of the Uniform Building Code is amended to read as follows: Section 1807(q~ Smoke Control. Natural or mechanical ventilation for the removal of products of combustion shall be provided in every story and shall consist of one of the following: Panels or windows in the exterior walls which can be opened remotely from an. approved location other than the fire floor. Such venting facilities shall be provided at the rate of 20 square feet per lineal feet of exterior wall in each story and shall be distributed around 'the perimeter at not more than fifty (50) foot intervals. Such windows or panels and their controls shall be clearly identified. When a complete and approved automatic sprinkler system is installed, the mechanical air- handling equipment may be designed to accomplish smoke removal. Under fire conditions, the return and exhaust air shall be moved directly to the outside without recirculation to other compartments of the building. The exhaust air-handling system shall provide a minimum of one exhaust air change each ten (10) minutes for the compartment involved. Provisions shall also be made in the air- handling system to provide positive air pressure in the unaffected compartments on the fire floor in addition to providing positive air pressure on the floor above and below the fire floor. The positive pressure air-handling system must be capable of maintaining a positive pressure of 0.05 inch of water column. The air intake(s) shall be located to minimize the possibility DAS0116601 -9- of smoke intake. Any other approved design which will produce equivalent .results. Section 19. There i~ hereby created a new section 15.08.130 UBC Section 1907 amended of the City of Federal Way Municipal Code to read as follows: 15.08.130 UBC Section 1907 amended. The title of Section 1907 of the Uniform Building Code is amended to read: ~S~.'C~i~'~PROVIS IoNs 'i FOR !AT.T.~ BUILDIngS' ~SEVEN ..! / ~R~'MO~.~ STORIES ~'~ ~IG~ ~..::.~:~..'..' Section 20. There is hereby created a new section 15.08.140 UBC Section 2905(f} amended of the city of. Federal Way Municipal Code to read as follows: 15.08.140 UBC Section 2905(f) amended. Section 2905(f) of the Uniform Building Code is amended to read as follows: Section 2905(f~ Drainaq~. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to insure that underfloor spaces remain free of running or standing water by the installation of drains. As a minimum, such drains shall be installed around the perimeter of the building at the footings. Additional drains may be sufficient size to adequately convey water to an approved location, but shall be a minimum size of 4 inches. Provisions shall be made to prevent the drainage system from becoming blocked with soil. Section 21. There is hereby created a new section 15.08.150 UBC Section 3202 amended of the City of Federal Way Municipal Code to read as follows: 15.08.150 UBC Section 3202 amended. The first DAS0116601 -10- ORDINANCE NO. 99- AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHII~IGTON, AMENDING CHAPTER 8 OF Tme~ FEDERAL WAY CITY CODE AND ADOPTING THE 1997 UNIFORM FIRE CODE. (AMENDING ORDINANCES NOS. 90-33, 92-127, AND 92-143) DRAFT "WHEREAS, the City of Federal Way is required by RCW 19.27.031 to adopt the State of Washington Uniform Fire Code as adopted or amended by the State Building Code Council; and WHEREAS, the Federal Way City Council adopted the Uniform Fire Code on 2/13/90 and 6/16/92, in Ordinance Nos. 90-33 and 92-143; and WHEREAS, In 1998 the State Building Code Council adopted the International Fire Code Institute's ("I~FCI's") 1997 Uniform Fire Code, which superseded the 1994 Uniform Fire Code, and required that Washington cities and counties adopt the 1997 Code; and WHEREAS, the Federal Way City Council is authorized bv the Federal Way City Code ("FWCC") to adopt amendments to the FWCC; and ORD # PAGE I WHEREAS, the Federal Way City Council is authorized by RCW 19.27.040 to adopt amendments to the Uniform Fire Code, so long as the Fire Code's minimum performance standards and the objectives of RCW 19.27.020 are not diminished; and WHEREAS, on April 5, 1999, the City Council's Land Use and Transportation Committee considered adoption of the IFCI's 1997 Uniform Fire Code, with amendments, and moved to forward the Code and amendments to the full City Council; and WHEREAS, on~ and ,1999, the City Council considered proposed changes to Chapter 8 of the FWCC, relating to adoption with'amendments of the IFCI 1997 Uniform Fire Code, and determined that adoption is necessary to protect the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The index to Chapter 8 of the Federal Way City Code is amended as follows: Chapter 8 FIRE PREVENTION AND PROTECTION" Article I. In General Sec. 8-1. ((~alvcptet-&'ion)) Purpose Sec. 8-((3))2. Interpretation. ORD # , PAGE 2 Sec. 8-4. Alteration repairs addition to building Sec. 8-5. Fire protection of high-rise buildings Secs. 8-((~))6--8-25. Reserved. Article IL Standards Division 1. Generally Secs. 8-26--8-35. Reserved. Division 2. Administration Sec. 8-36. Authority to adopt roles and regulations. ((Sec. ?,-37. D¢,Safions.)) Sec. 8-3((8))7. Additional conditions. Sec. 8-3((9))8. Liability. Sec. 8-((40))39. ((Appeals)) Uniform Fire Code section 103.1.4 amended- Board of Appeals. Secs. 8-4((-1-))_0--8-50. Reserved. Division 3. Fire Code Sec. 8-51. Code adopted. Sec. 8-52. Amendments. Sec. 8-53. New materials, processes or occupancies which may require permits. Sec. 8-54. Structures over water. Secs. 8-55--8-65. Reserved. Division 4. Fire Alarms and Sprinkler Systems Sec. 8-66. Definitions. ORD # , PAGE 3 ((Sec. g-67. Sec. 8-6((8))7. Life safety/rescue access. Sec. 8-6((9))8. Fire detection system. Sec. 8-((:/0))69. Installation. ((sec. a-7~" .... : ....... : .... ~-~':-: ..... ~ -:'~:--- )) Sees. 8-7((~))_0--8-90. Reserved. Article HI. Smoke Detectors ((Sec. o "- ~... Er~forccaicra . )) ((sec.o-~ ° ~., ~,,~.~y.)) Sec. 8-9((6))!. Tes~g ~d m~nten~ce. Sec. 8-9((~))2. Tr~sfer of dwelfing u~t. Sec. 8-9((8))1. Remov~ or tmpe~g. Secs. 8-9((9))~--8-120. R~e~M. Article IV. Fireworks Division I. Generally Sec. 8-121. Definitions. Sec. 8-122. Findings of fact. Sec. 8-123. Implementatio.n of statutes. ORD # , PAGE 4 Sec. 8-124. Enforcement. Sec.. 8-125. Exception. Sec. 8-126. Sale of fireworks unlawful. Sec. 8-127. Possession, use and discharge oflireworks unlawful. Sec. 8-128. Use of fireworks in public parks and on public land. Sec. 8-129. Special effects for entertainment media. Secs. 8-130--8-140. Reserved. Division 2. Permits Sec. 8-141. Required display oftireworks. Sec. 8-142. Application for public display permit. Sec. 8-143. Permit fees. Sec. 8-144. Issuance; nontransferable; voiding. Secs. 8-145--8-170. Reserved. Division 3. Fireworks Display Regulations Sec. 8-171. Compliance. Sec. 8-172. State-licensed pyrotechnician required. Sec. 8-173. Permit required; contents. Sec. 8-174. Plan view of site. Sec. 8-175. Reinforcement of fire protection by city units. Sec. 8-176. Removal of debris, trash. Sec. 8-177. Disposal of undischarged fireworks. Sec. 8-178. Fire extinguishers, blanket required. ORD # , PAGE 5 Sec. 8-179. Revocation of permit. Sec. 8-180. Areas of public access. Section 2. Chapter 8, Article I, of the Federal Way City Code shall be amended as follows: sec. 8-1. ose. The purpose of this chapter is not to create or otherwise establish or designate any particular class or _m-oup of persons who will or should be especially protected or benefitted by the terms of this chapter. Sec. 8-((-k)) 2. Interpretation. (a) Whenever the following words appear in the codes and regulations adopted by this chapter, they shall be interpreted as follows: (1) Administrative authority shall mean the building official. (2) Chief, fire chief or chief oft he bureau of fire prevention shall mean the fire chief of the ((King "' ......:-- ";-' -'- -' '~- ,.~,u,,[y ~-,,~ ~,,o,~,~[ ~,,,. 39)) Federal Way Fire Department. (3) City treasurer shall mean the director of administration and finance. (4) Corporation counsel shall mean the city attorney. {5) High-rise buildings shall mean all buildings seven or more stories or having floors used for human occupancy_ located more than 55 feet above the lowest level of fire department vehicle access ((fla-))) (6) Municipality and jurisdiction shall mean the City of Federal Way. ((fi:r))) 7~ Board of appeals shall mean the hearing examiner appointed by the city. ORD # , PAGE 6 (b) Whenever reference is made to local authority, codes, jurisdiction and similar concepts within the codes adopted by this chapter, interpretation shall render such reference applicable to the applicable city designation, jurisdiction and authority. Sec 8-3. Smoking Areas, The fire chief is empowered and authorized to order the owner or occupant in writing to designate smoking and nonsmoking areas and to post those areas with appropriate signs as defined and required in RCW 70.160 as it relates to the Washin~on Clean Indoor Air Act. Sec 8-4. Alterations, repairs and additions to buildings. The provisions or,his chapter shall apply to all building~ which are altered or repaired one or more times during any 70-month period, where the value of the alterations or repairs during that period exceeds 50% of the building's assessed value as determined by the King County_ Auditor as of the date the first permit application for such alterations or repairs is submitted to the City. Any actdition to an existing structure shall be considered new construction subject to the provisions of this division. Sec 8-5, Fire protection of high-rise buildings. ~gh-ri~¢ buildings shall be provided with fire protection systems in accordance with Uniform Building Code sections 403.2 through 4Q3.10 and Uniform Building Code Chapter 9 as adopted by the Federal Way City Code. Secs. 8-((~))6-8-25. Reserved. ORE) # , PAGE 7 S~tion 3. as follows: Chapter 8, Article H, Division 2, of the Federal Way City Code shall be amended DMSION 2. ADMINISTRATION* Sec. 8-36. Authority to adopt rules and regulations. (a) The city shall adopt roles and regulations for the implementation of this article, including: ~ (2) Procedures to assure that building permits for structures conform to the requirements of this article. (2) Procedures to assure that these standards shall be reviewed as part of the subdivision, planned unit development, rezone, conditional use and unclassified use permit processes. (3) Procedures to assure that a report of fire protection impacts is submitted in all cases where a proposed structure or land use is regulated. ORE) # , PAGE 8 (((-5-)))f~ Procedures to allow for hydrant spacing requirements to be relaxed by as much as 50 percent pursuant to the Uniform Fire Code, except where such allowances would unreasonably reduce fire protection to the area or structures served. (((6) (b) No less than one copy shall be available for public inspection and review in the fire department office or the building department. The city may offer the rules and regulations for sale for a reasonable cost to cover printing and handling. ((S ---'-: --- cc. g 37 "~ Sec. 8-3((8))_7. Additional conditions. ORD # , PAGE 9 (a) All condominiums shall have the following wording in the recorded declaration of covenants and a copy of the document shall be provided to the fire c,hief and the building official: (1) In the event that any unit should be equipped with a sprinkler system, nothing shall be hung fi.om the sprinklers COmprising a part of the system nor shall any such sprinklers be painted, covered, or otherwise changed, tampered with or altered. Prior to any alteration, amendment, modification or change thereof, the owners or their agents will submit such proposed alteration, amendment, modification or change to the fire chief or designee for approval and agrees to comply with all applicable sprinkler requirements. Sec. 8-3((9))_8. Liability. (a) The express intent of the city council is that responsibility for compliance with the provisions of this article in regard to fire protection availability to a specific development shall rest exclusively with the permit applicant and their agents. ORD # , PAGE 10 (b) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this article and for the establishraent of fire suppression capability by the fire ((district))department. The city council also recognizes that the level of services these public funds can support must be balanced against the economic impact of the costs for these services. Consequently, the funds appropriated for implementation and enforcement of the provisions of this article are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public. (c) This article shall not be construed as placing responsibility for assuring the adequacy of fire protection services within the city or any officer, employee or agent of the city, the fire district, water purveyor, employee or agent of the fire ((distri~t))department or water purveyor. Procedures established pursuant to this article are spot checks designed to foster and encourage compliances but are not guarantees or assurances that permits or work undertaken pursuant to permits complies with all applicable provisions of the article. It is the responsibility of the permit holder to comply with the procedures regarding the adequacy of fire protection service. Sec.8-((¢0))39. ((A-plnntts))Uniform Fire Code Section 103.1.4 amended- Board of Appeals. Section 103.1.4 of the Uniform Fire Code, as adopted by this chapter, is hereby amended to read as follows; 103 1.4 Aooeals. To ~ ...... :__ .~__ __ :._L:,: .... ,._, ........... _._, .... ~ ...... ~. ORD # , PAGE 11 lll~ill~l tbs article, except for rulings or d~isions ~nai~ng to e~orcement oft~s aaicle, may be made to the being ex~ner appoint~ by the ci~. Proc~ur~ ml~ ~nce~ng app~s shall be ~ prodded in process ~ of Chapter 22, ~ng. Sec. 8-40. Civil Enforcement Notwithstanding any provision' in this article or in any code adopted hereunder to the contrary_. civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Federal Way City_ Code Chapter 1. Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City_ including, but not limited to, criminal sanctions as specified herein, nuisance and injunction actions; or other civil actions. Secs. 8-41-8-50. Reserved. Section 4. as follows: Chapter 8, Article II, Division 3, of the Federal Way City Code shall be amended ORD # , PAGE 12 DIVISION 3. FIRE CODE Sec. 8-51. Code adopted lI~lUU~ll~ ~p~ilUl~ ~ii~l ~-~ Vii ~IV~Uil U[ ~1~1~11~1~ Vi ~iliU~Vl~ U~UlU~ Tho ~ollo~nD code: as ~ond~: ~dd~ to. or ex~pt~ in t~s chapter: to~other ~th ali amondm~nts and additions Dreaded in t~s title, is adoDt~H and shall b~ applicable ~t~n tho ci~: A, Tho ~ollo~nD chapters o~the ~s~n~on Ad~st~ativo Code as 9onsd~tod 9r as m~v be ~ubs~uontl? amendS: "l. Ch~pto~ S 144 ~AC - State ~uildin~ Code Adoption and ~nd~ 9~th~ 1 DDT ~didon o[ th~ O~Fo~ Fire Code includin~ appendices Chapters [-~ ~-C, H-~. ~-~ and H~-C. State amondmonts to socdons ]03,2,1, ], i 109,~,3, 7404,2,~. and 7~02. only to tho o~ont that they appl? to buildings contai~n~ ~our dwollin~ u~ts o~ los~; in all 9thoF rospocts tho [o~o~oia~ stat~ amendments are not adopted, ~tato ~mondmonts to socdgn~ OKI3 # , PAGE 13 901.2.2.1. 901.4.2, 902.1. 902.2 through 902.2.4.1 and 7902.1.7.2.4: are not adopted for any buildings. 2. Chapter 51-45 WAC - State Building Code Adoption and Amendment of the 1997 Edition of the Uniform Fire Code Standards Sec. 8-52. Amendments. The following amendments to the fire code adopted in section 8-51 are hereby adopted: /'1% Lg ~lllllJ. Il J./gillllJ. JlJ,/JJllgtJ llJl) Vi lfi'ligll IL 1~ bllJ, llllglJ I, IlllL LIII~ JJlO¥li~lgll~ the fi,~ code do not apply ~,, ,,,,~, .,,~ ,,,.,~ ,,,..,,, aiid - - ..... J L JilL)~,,rv~, I gl. ~.,ll4pt~l' z,-'~) Zoi-liiig) ___:.t.:_WiLillll "-t,,~ Ufl..y~ JJ. UIIL LlJl., UCI. I.r,,., gl tau,., decisior, apw, alc4. Section ((~))1102,3 is amended to read as follows: ORD # PAGE 14 Section ((-H--.-.-.-.-.-.-.-.-~D))1102.3. Open burning prohibited. the city limits is prohibited. Open burning within (((3) OF~,A, tI, iL/II I l.,./IJk~llJ 1~ iJllil~.ii~ll~J I))' tll~. fl.U.U. ILIUll ~Jl. (:1, Ilgl/Y JJlll. ll.~l~ltl, JJii LU Ik,,nLl T,,~ ~,,~ t,,~ or occupant iii -,a,(,tiag to "--: ......... '-:'-- ,,,-,,~,,,,-,,,-,,,s "' ~-,~ and ,,., v,-,;,- "---- ORD # (((4))2) (((S))3) Section ((-t4v~09))1007,3,3,6,2 is amended to read as follows: The installation or use of any electric, electronic or mechanical alarm device which gives automatic notice to the communications center of the city fire department on emergency or business telephone numbers is prohibited. Individuals, agencies or companies may use the special telephone line for automatic notification when approved by the fire chief. This provision specifically includes devices utilizing the public telephone system. Section ((77.107(a)))7701,7,2 is amended to read as follows: (a) The storage of explosives and blasting agents within the city is prohibited. , PAGE 15 Exception. The fire chief may issue a special permit for such storage where it appears in his or her judgment there will be no undue danger to persons or propealy. [IUUlILI I~Jlz~ UUE~IU~ U& UUIIUIII~ 1~ ~iVIUUIL~. IL GIJ}IGGI~I, Ill lu~) UI IIGI JMLi~IIIGIIL LI&~&~ Will ~ IlL) UIILIUG (((-7-))4) Section (~))8204,2 is amended by the addition of two new paragraphs to read as follows: The aggregate capacity of any one installation which contains more than 2,000 water gallons of liquefied petroleum gas is prohibited within the city. Exception. The fire chief may issue a special permit for such storage where it appears in his or her judgment there will be no undue danger to persons or property. f~ Appendix II-F 13hall apply to all aboveground flammable and combustible liquid storage tanks. ORD # ~ PAGE 16 Sec. 8-53. New materials, processes or occupancies which may require permits. The city manager, the building official and the fire chief shall act as a committee to determine and specify, aRer giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the fire code adopted in section 8-51. The fire chief shall post such list in a conspicuous place and distribute copies thereof to interested persons. Sec. 8-54. Structures over water. No portion of any building or other structure supported by piers or piling and extending over water shall be more than 250 feet from an improved public street or alley giving access thereto for fire engines and other firefighting equipment; provided, however, that the foregoing limitation shall not apply to any one-story structure used solely for the moorage of boats and which is: O) (2) Of Type 1 construction; Of Type 2 construction; or Having installed throughout the structure an approved automatic sprinkler system. Secs. 8-55-8-65. Reserved. Section 5. Chapter 8, Article II, Division 4 of the Federal Way City Code shall be amended as follows: DIVISION 4. FIRE ALARMS AND SPRINKLER SYSTEMS* ORD # ~ PAGE 17 Sec. 8-66. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board of appeals shall mean the hearing examiner appointed by the city pursuant to process I of chapter 22, Zoning. Fire detection system shall mean a heat and/or smoke detection system monitored by a central and/or remote station conforming to the current requirements of the National Fire Protection Association standards and/or the fire chief or designee. Fire sprinkler system shall mean an integrated system of piping connected to a water supply with sprinklers which will automatically initiate water discharge over a fire, conforming to the current requirements of the National Fire Protection Association standards and/or th~ ~ire chief or designee. Life safety/rescue access shall mean an unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder. An alternate method would be at least one stairway enclosure with exit doorways from ORE) # , PAGE 18 each floor level and with a door opening onto each roof level which conforms to the requirements of the Uniform Building Code. Sec. 8-6((8))7_. Life safety/rescue access. (a) Ail occupancies shall be required to provide approved life safety/rescue access. (b) The following are exceptions to this section: (1) Group ((M))U occupancies; and (2) Roof access need not be provided to roof levels having a slope greater than 4 in 12. ORD # , PAGE 19 Sec. 8-6((9))8. Fire detection system. (a) All occupancies exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire detection system. Area separation walls as noted in section ((505~))504,6 of the Uniform Building Code shall not be considered to separate a building to enable deletion of the required fire detection system. (b) The following are exceptions to this section: (1) Group ((t~))U or R Divil3ion 3 (~)) occupancies; (2) Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors fi.om the system. Sec. 8-((~/0))69. Installation. Fire sprinkler systems shall be installed: O) In all Group R Division 3 occupancies exceeding 2,500 square feet gross floor area (including attached garages) without adequate fire flow except as cited. ORD # , PAGE 20 (2) In all R-3 occupancies without approved fire department access as defined in section ((-F0r-.-.-.-.-.-.-.-~q))901 of the Uniform Fire Code. (3) In all Group R Division 1 occupancies having three or more levels or containing five or more dwelling units and hotels having three or more floor levels or containing ten or more guest rooms: Quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling unit and guest room portions of the buildings. For the purposes of this section, condominiums shall be treated as apartments. For the purpose of this section, a floor level shall be defined as "that portion of a building included between the upper surface of any floor and the surface of the next floor or roof above." Area separation walls as noted in section ((~3~'0))504.6 of the Uniform Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (4) In Group A occupancies that are used as nightclubs and discos where no alcohol is served and where the total gross floor area exceeds 5,000 square feet. Area separation walls as noted in section ((505(e)))504,6 of the Uniform Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. ORD # , PAGE 21 (s) In all other occupancies requiring 2,000 gallons per minute or more fire flow, or where the total floor area included within the surrounding exterior walls on all floor levels, including basements, exceeds 10,000 square feet. Area separation walls, as noted in section ((505(-e)))504.6 of the Uniform Building Code, shall not be considered to separate a building to enable deletion of the required fire sprinkler system. Group ((M))U occupancies are excepted from this subsection. (6) In all occupancies where the building is classified as an overwater structure. (((S¢¢ 111~ ~llJ¥1Ol~yll~ UI [1II) ~,tllil~i~l ~ilitil (ljJ~l~ lk/ lill Iyljllkilll~ I.U ~YIiI~,~II llll./l~ [llilll dly ~ltt~ll[ ~/k .............. '. ..... L*- ...... L- ° ' )) Secs. 8-7((~))0_--8-90. Reserved. Section 6. follows: ORD # Chapter 8, Article III of the Federal Way City Code shall be amended as ARTICLE 1XI. SMOKE DETECTORS* , PAGE 22 ULIIGI LII~JI LIAL/b~ IU~UilULI Ak2t UVUiVLIIlUIIL ORD # , PAGE 23 ~ILO,.IlUiUU ~,lilglki; Ugli;bllJl ~/ilgl. llgl UI llgi t/lbllllil~ 11 llgtllili~ IIU. Sec. ORD # , PAGE 24 ~,]i;t... (~ .7~1' I.]~.IiiiIIIUilil.? I/I d.T~ILJILIUII LU (lit CtLIIdIUIG WiZIILIII~) ll~t¥1~ d, )LIUU~; il~iIL LIIClI.) WIII~%I it~LlV(Xr~;kJ) l~ttllL~ l:t VYIIIL~; 11~11t. 11l~; ORD # , PAGE 25 Sec. 8-9((6))1. Testing and maintenance. Installation of an approved smoke detection device shall be the responsibility of the owner. Maintenance of such device shall be the responsibility of the tenant or occupant. Maintenance shall include the performance of such tests of the required smoke detector as are recommended by the manufacturer, at intervals of not less than once a month. Maintenance also requires that if the smoke detector is battery-operated, new batteries shall be installed whenever the unit emits a Iow battery signal, or a minimum of once each year whether or not a low battery signal is present. Sec. 8-9((T))2. Transfer of dwelling unit. ORD # , PAGE 26 It shall be unlawful for any person to convey fee title to any real property which includes a dwelling unit, or transfer possession of any dwelling unit pursuant to a land sale contract, unless there is a properly operating smoke detector in the dwelling unit which has been installed in accordance with this article. Effective upon the sale or transfer of title of a dwelling unit, it shall be the duty of the seller or transferor to certify to the buyer or transferee in writing that all smoke detectors required by this article are installed and in proper working order. Sec. 8-9(($))3. Removal or tampering. It shall be unlawful for any person to remove a properly functioning Smoke detector installed in conformance with this article unless it is replaced. It shall be unlawful for any person to remove batteries or in any other way make inoperable or interfere with the effectiveness of a smoke detector installed in conformance with this article, except that this provision shall not apply to any owner or owner's agent in the normal procedure of replacing batteries. Secs. 8-9((9))4-8-120. Reserved. Section 7. Section 8-124 of the Federal Way City Code shall be amended as follows: Sec. 8-124. Civil Enforcement ORD # , PAGE 27 NotMthst~ding ~y pro, sion in t~s ~icle or in ~y ~de adopted hereunder to the contras, ci~! e~or~ment of the pro~sions oft~s micle ~d the terns ~d ~onditions of any pemit or approv~ issu~ pum~t to t~s micle shill be govem~ by Federal Way Ci~ Code Chapter 1. ~icle ~. Ci~l E~or~ment of Code. CMl e~orcement is in addition to, ~d does not li~t any other fores of e~or~ment av~able to the Ci~ including, but not limited to. cfi~nfl sanctions ~ sp~ified herein, nui~ and injunction actions, or other ci~l actions. Section 8. Section 8-175 of the Federal Way City Code shall be amended as follows: Sec. 8-175. Reinforcement of fire protection When, in the discretion of the fire chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a ((city)) Federal Way ((f))F_ire ((d))Department pumper and a minimum of two trained ((city)) firefighters shall be on site 30 minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washington State Chiefs Association's fee schedule. All compensation for fire department apparatus will be as per the Washington State Chiefs Association's fee schedule and shall be designated to the general fund. Section 9. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of ORD # , PAGE 28 this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ~. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section I 1. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY TH~ CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORD[I~ ORD # , PAGE 29 MEETING DATE: ~q~i~D~, 1~ 1TEMg CITY OF Fl~~ WAY City Council AGENDA ITEM Construction times/noise 2) Residential outdoor vehicle storage CATF_ICORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI _ RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATYACHMENTS: 1) April 13, 1999 memorandum to City Council from Martin Nordby 2) Ordinance 3) January 4, 1999 Planning Commission Findings 4) March 30, 1990 Memorandum from Martin Nordby to LUTC. (5) staff report dated December 2, 1998. SUMMARY/BACKGROUND: The Planning Commission conducted a public hearing on November 18, 1998 on the civil citation process, noise ordinance and junk cars. The LUTC discussed the proposal at its April 5, 1999 meeting and are recommmending approval to the full Council. The civil citation ordinance is in a separate ordinance under Council Bill 222. CITY COUNCIL COMMHTE~ RF~OMMENDATION: To approve amendment as presented. ................................................. '~1-£Z"7~--'7';~ ..... ,~-'-~%- :-:7.~.~'-:'.~,%'~,'z ...... .-~ .... 7,-/ .... ':-'-' CITY MANAGER RECOMMENDATION: I~l~ c~ L..-., ........................................................ .~._..~.,_:.~..~._.~?=._::_:.:. ................. ,a~.'__~.r& '__~.__'~7-...~__~.' __. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ./~p -~ .- ~ _~,~ . 1.<._...., ::_~:~./- ~ ROVED '~ ~-- ~ ~"~""- '~ ''~ COUNCIL BILL DENIED ii-- ~:~'~'": '," /"/ -> ORDINANCE # TABLED/DEFERRED/NO ACTION --~-~' RESOLI~ION # CITY OF FEDERAL WAY DATE: TO: FROM: SUBJECT: April 13, 1999 CITY COUNCIL Martin Nordby, Code Compliance Offic ~?~ Code Amendments - Citation Authority for Code Comphance; Outdoor Storage Standards for Residential Zones; Construction Times Attached are three draft code amendments that extend the current civil pe,~alties ordinance used for sign code enforcement to the rest of the city code, establish more specil ic outdoor vehicle storage standards for residential zones, and correct a discrepancy between the ct~rrent nuisance noise code and permitted construction hours. The City Council Land Use and Transportation Committee reviewed these draft amendments and recommended they be forwarded for consideration by the full Council. Previously the Planning Commission reviewed all three amendments during two meetings; first, a work session on November 18, 1998, then a Public Hearing held December 2, 1998. The Commission recommended minor technical changes reflected in the current draft amendments. Included w:th the amendments is the Planning Commission's findings and recommendation for adoption. ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22, FEDERAL WAY ZONING CODE, AND CHAPTER 10, FEDERAL WAY NUISANCE NOISE CODE, OF THE FEDERAL WAY CITY CODE, ADOPTING SPECIFIC AMENDMENTS AND ADDING NEW REGULATIONS FOR OUTDOOR VEHICLE STORAGE AND DEVELOPMENT ACTIVITY HOURS AND NOISE RELATED TO DEVELOPMENT ACTIVITY. A. WHEREAS amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and B. WHEREAS the Federal Way City Council has considered proposed changes to the FWOC regarding development activity hours, nuisance noises, and outdoor vehicle storage; and C. WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal' Way Planning Commission for its review and recommendation; and D. WHEREAS the Federal Way Planning Commission, having considered the Proposal at a work session on November 18, 1998 and at a public hearing on December 2, 1998 pursuant to FWCC Section 22-523, and all public'notices having been duly given pursuant to FWCC Section 22-528; and E. WHEREAS the public was given opportunities to comment on the Proposal ORD # ., PAGE 1 during the Planning Commission review;, and F. WHEREAS the City of Federal Way SEPA responsible official has determined SEPA review has already been completed as part of the adoption of the original zoning code; and G. WHEREAS following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments adding sections to the FWCC as noted previously; and H. WHEREAS the Federal Way Land Use and Transportation City Council Committee met on , 1999 to consider the recommendation of the Planning Commission and has moved to forward the Proposal, with amendments, to the full City Council; aod I. WHEREAS there was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted limitations on development activity in Chapter 22; Article XIII; Division 3; § 22-1006 and defines certain noises as a public ORD # ., PAGE 2 nuisance in Chapter 10, Article 2 § 1-27 of the Federal Way City Code; and 2. These sections conflict with each other in their regulation of similar activities; and 3. The Federal Way City Council desires to establish consistency between these sections of the FWCC; and 4. The Federal Way City Council adopted outdoor storage regulations for residentially zoned properties in Division 8, Chapter 22 FWCC; and 5. The Federal Way City Council desires to establish specific outdoor storage regulations related to the storage of motor vehicles and non-motorized vehicles in response to citizen comments and concerns; and 6. The Federal Way SEPA responsible official responsible official has determine, d SEPA review has already been completed as part of the adoption of the original zoning code; and 7. The proposed code amendments would not adversely affect the public health, safety or welfare; and 8. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings. ~ection 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the ORD # , PAGE 3 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. policies contained in the Natural Environment chapter; NEG14- Develop programs and/or regulations to address noise pollution in all areas of the City. The Proposal is consistent with the following Comprehensive Plan goals and 2. The Proposal is consistent with the following Comprehensive Plan goals and policies contained in the Housing and Land Use chapters; HP5- Maintain a strong code enforcement program to protect residential , areas from illegal land use activities; and LUP1- Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it implements policies consistent with the goals of the comprehensive plan. 3. The Proposal bears a substantial relationship to the public health, safety and welfare because it implements policies protecting the character of the City's ORD if , PAGE 4 neighborhoods. ~ection 3. Amendment. The Federal Way Zoning Code, Chapter 22, and the Federal Way Nuisance Noise Code, Chapter 10, are amended to provide as set forth in Attachment A and by this reference is incorporated herein. Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this of ,1999. Effective Date. This ordinance shall take effect and be in force thirty day ORD # , PAGE 5 CITY OF FEDERAL WAY MAYOR, RONALD L GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: ORD # , PAGE 6 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD # , PAGE 7 ATTACHMENT A-1 Sec. 22-1006. Limitations. (a) General. It is a violation of this chapter to engage in any development activity or to operate any heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. Monu~ay throug,h weekdays~ and 8:00 p.m. Friday through 9:00 a.m. Saturday. No development activity or use of heavy equipment may occur on after 8:00 p.m. Saturday. or at any time on Sundays or holidays which ~r~ observed by the city. (b) Exception. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 7-00 9:00 a.m. to 8:00 p.m. on Sundays or holidays ~ observed by the city if this will not interfere with any residential use ~ permitted in the zone in which it is located. (Ord. No. 90-43, § 2(115.25), 2-27-90) ATTACHMENT A-2 Chapter 10 NUISANCES* *Cross reference(s)--Appeal procedure from final action of the city council, hearing examiner, any board or commission, or administrative official for which there is no further right administrative appeal or statutory or other appeal procedure established, § 2-181 et seq.; animal nuisances, § 4-146 et seq.; littering and polluting prohibited, § 6-317; air quality zoning regulations, § 22-947; erosion and sedimentation supplementary district regulations, § 22-948; glare regulations, § 22-950; regulation of heat emissions, § 22-951; junk and junkyards prohibited, § 22-952; maximum environmental noise level, § 22-956; odor limitations and regulations, § 22- 958; radiation limitations, § 22-959; restrictions regarding fences, § 22-1026 et seq.; discharge of certain waters creating change in water quality creates a nuisance, § 22-1201. State law reference(s)-Buildings, construction standards, RCW 35A. 70.040 et seq.; weeds, rodents and pests, RCW 17.04.010 et seq.; public health and safety, RCW 70.01.010 et seq. Article L In General Secs. 10-1--,!0-25. Reserved. Article II. Noise Sec. 10-26. General prohibition. Sec. 10-27. Illustrative enumeration. Sec. 10-28. Exclusion. Sec. 10-29. Penalty. Secs. 10-1-10-25. Reserved. ARTICLE L IN GENERAL ARTICLE H. NOISE* '~Cross reference(s)-Use of loudspeaker by peddlers in parks and recreation areas restricted, § 11-80; sound amplification equipment restricted in parks and recreation areas, § 11- ATTACHMENT A-3 89; maximum environmental noise levels, § 22-956. State law reference(O-Noise control, RCW 70.107.010 et seq. Sec. 10-26. General prohibition. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. (Ord. No. 90-37, § I(A), 2-20-90) Sec. 10-27. Illustrative enumeration. The following sounds are public disturbance noises in violation of this article: (1) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (2) The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. (3) Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. (4) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of teal property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings. (5) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself. (6) Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. ATTACHMENT A-4 (7) The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason, provided that sounds which result from actions which are necessary to avoid danger shall be exempt from this section. (8) Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of -tO:00--Frm:. 8:00 p.m. and 7:00 a.m. on weekdays and -}O:O0-pn-m. 8:00 p.m. and 9:00 a.m. on weekends. (9) Sounds originating from residential property relating to temporary projects for the maintenance or repair of horns, grounds and appurtenances, including but not limited to sounds from lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. (Ord. No. 90-65, {} I(B), 7-3-90) Sec. 10-28. Exclusion. This article shall not apply to regularly scheduled events at parks, such as public address systems for [~aseball games or park concerts between the hours of 9:00 a.m. and 10:30 p.m. (Ord. No. 90-37, {} I(C), 2-20-90; Ord. No. 90-65, {} 2, 7-3-90) Sec. 10-29. Penalty. Any person who violates the provisions of this article shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1-13. (Ord. No. 90-37, {} I(D), 2-20-90) Copyrighted. Municipal Code Corp., affiliated Municipality. 1996. __ ATTACHMENT A-5 DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE* *Cross reference(s)--This nonconformance must be immediately brought into conformance with the applicable provisions of the zoning regulations, § 22-330. Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2-27-90) Sec. 22-1112. Residential uses. The purpose of this chapter is to establish standards for outdoor residential uses, storage and activities related to motor vehicles and non-motorized vehicles. These standards are intended to protect property values by reducing visual blight, aid in emergency access and fire safety, guard against the Greation' of rodent and pest harborage, and reduce the impact on ~he natural environment from the leaking of motor vehicle fluids. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and non-motorized vehicle parking and storage for residential uses containing either detached or attached dwellings, shall be in a garaqe~ carport or on an approved impervious surface. Non-motorized vehicles may include but are not limited to travel and camp trailers, utility ~railers, truck campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor vehicle Qr non-motorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots -. containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled. or inoperable motor vehicles must be stored in a completely enclosed building regardless of the size or zoning designation of (Ord. No. 90-43, § 2(115.105(2)), 2-27-90) ( CITY OF FEDERAL WAY Planning Commission DATE: TO: FROM: SUBJECT: January 4, 1999 City Council Robert Vaughan, Chair Planning Commission Recommendation - Citation Authority For Code Enforcement; Outside Storage Standards For Residential Zones; Construction Times I. BACKGROUND The Federal Way Comprehensive Plan contains goals and policies that provide for the protection of the inhabited enviromnent through policies intended to protect it from the adverse impact of noise; illegal land uses and activities; and enforcement of the laws that establish the standards supported by these policies. Currently, the City's code enforcement staff are given the responsibility to enforce those standards as established in the various chapters of the Federal Way City Code (FWCC). This amendment establishes a civil citation enforcement process for the entire code similar to the enforcement program currently used for the sign code. Federal Way District Court would become the last resort rather than the first stop for violations. The civil process is a faster, more effective method of dealing with many code violations. Among the codes protecting residential areas from the impact of noise from permitted construction activity are ones that limit the times of the day and days of the week such intense activity may occur. These hours are in conflict with other standards established in the City's nuisance noise provisions in Chapter 10 of the FWCC. This conflict has made these standards difficult if not impossible to enforce equitably and without confusion. Lastly, concerns were expressed to the City Council during the investigation and enforcement of a junk vehicle case that the use of landscaped areas outside of the required yard for parking and storage for operable vehicles was legal. These citizens believed this created a situation that was both detrimental to the aesthetics of the community and degraded the health and safety of the neighborhood. The intent of these three separate code amendments is to further the City's goal of improving the health and safety of its citizens. -1- ( II. PLANNING COMMISSION PROCESS The Planning Commission held both a work session and public hearing. The work session was held November 18, 1998. This provided the commission an opportunity to review the proposals in depth and ask detailed questions. From this session came specific changes to the proposals. A Public Hearing was held December 2, 1998. Minor technical changes were made based on additional Planning Commission comments. City staff has prepared draft amendments to the requirements in the zoning code concerning civil citation authority, outdoor storage of vehicles, development activities, and related noise nuisances. The drafts are attached to this document. III. SUMMARY OF AMENDMENTS The following list summarizes the major code amendments reviewed by the Planning Commission during this code revision process. 1. A civil citation system has been drafted that includes the following major features: ao Co do Decriminalizes zoning and other nuisance related codes. Establishes civil penalties for violations of those codes ranging from $100 per day to $500 per day. Authorizes Code Compliance Officers to issue a civil citation after appropriate notice. Establishes an appeal procedure and criteria for affected persons wishing to appeal a civil citation. Appeal hearings are heard by the Federal Way Hearing Examiner rather than in Federal Way District Court. ° Outdoor storage standards are established for operable and inoperable vehicles. These standards include: ao Requirement that all junked, wrecked, dismantled, or inoperable vehicles be stored in a fully enclosed structure. All operable vehicles must be parked on an approved impervious surface such as a driveway or in a carport or garage. Standards for operable vehicle parking do not apply to single family lots of 20,000 square feet or more. ° Creates consistency between development activity hours and nuisance noise code requirements. -2- ( ( IV. PLANNING COMMISSION FINDINGS &RECOMMENDATIONS The Planning Commission based its recommendation for adoption of the proposed amendments to the Federal Way City Code relative to civil citation authority, outdoor storage, and development activity and nuisance noises based on the following findings: The City's Code Compliance Officers are responsible for enforcement of the City's codes and regulations; and They currently do not possess the authority to properly sanction certain code violations within their area of responsibility; and The proposed amendments are consistent with the provisions of the Housing Chapter of the Federal Way Comprehensive Plan (FWCP) including the following: HP5 - Maintain a strong code enforcement program to protect residential areas from illegal land use activities; and The citizen concerns about improper outdoor storage of vehicles are consistent with the Land Use Chapter of the FWCP including the following: LUPI - Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses; and The development activity hours of Chapter 22 of the FWCC were not consistent with the definition of a nuisance noise as defined by Chapter 10 of the FWCC; and the Natural Environment Chapter of the FWCP states: NEG14- Develop programs and/or regulations to address noise pollution in all areas of the City. The Federal Way SEPA responsible official has determined SEPA review has already been completed as part of the adoption of the original zoning code; and o The proposed code amendments would not adversely affect the public health, safety, or welfare. Robert Vaughan, Chair Federal Way Planning Commission K \COMMON AD\ADMINI~°LANCOM\I998~PCMEMO -3- CITY OF FEDERAL WAY DATE: TO: FROM: SUBJECT: March 30, 1999 CITY COUNCIL LAND USE AND TRA~.S~ORTATION COMMITTEE Martin Nordby, Code Compliance Office' ~. Code Amendments - Citation Authority for Code Compliance; Outdoor Storage Standards for Residential Zones; Construction Times Attached are three draft code amendments that extend the current civil penalties ordinance used for sign code enforcement to the rest of the city code, establish more specific outdoor vehicle storage standards for residential zones, and correct a discrepancy between the current nuisance noise code and permitted construction hours. In drafting the civil penalties ordinance staff were able to utilize both the experience of other cities and the experience gained from our own sign code enforcement program to create a greatly enhanced enforcement ordinance. Provisions to reduce frivilous appeals and their added work and expense are included in this amendment. It also creates a specific process for hearing appeals and directs the hearings examiner to provide better direction in his/her decisions to both staff and the appeallant. Greater than typical research was conducted concerning outdoor vehicle storage. Due to the limited number of local jurisdictions using such an ordinance, cities were also contacted in the states of California, Arizona, New Mexico, and Indiana. The draft amendment is based on these examples plus considerable input from the Planning Commission. The proposed amendments to the noise and construction time standards are primarily housekeeping in nature. The ordinances conflicted in their respective times when construction activity and its related noise impacts was permitted. This has been corrected with no alteration to the primary intent of either ordinance. The Planning Commission reviewed all three amendments over a period of two meetings; first, a work session on November 18, 1998, then a Public Hearing held December 2, 1998. Minor technical changes were recommended by the Commission and are reflected in the draft amendments. Included with the amendments is the Planning Commission's findings and recommendation for adoption. Staff Report to the City of Federal Way Planning Commission DATE APPLICANT PROPOSED ACTION STAFF REPRESENTATIVE STAFF RECOMMENDATION December 2, 1998 City of Federal Way A) Amend the Federal Way City Code to Provide for a Civil Citation Process. B) Amend the Federal Way City Code to Limit Parking And Storage of Vehicles on Residential Lots. C) Amend Noise Nuisance Provisions of Chapter 10 of The Federal Way City Code to Eliminate Conflict With Construction Hour Limitations in the Code. Martin Nordby, Code Compliance Officer Amend the Federal Way City Code as outlined by staff recommendations. INTRODUCTION This staff report covers three proposed code amendments to the Federal Way City Code (FWCC). The first proposed amendment would expand the existing civil citation powers granted to code compliance staff under the sign code revision enacted in June 1995, to the remaining sections of the FWCC and provide for a civil citation process to replace the existing criminal penalties. The second proposed amendment is in response to citizen concerns and comments about the use of residential property for both operable and inoperable vehicle storage. This amendment limits where on residential property vehicles may be parked or stored. Lastly, the third proposed amendment is a house keeping matter to correct a conflict between existing sections of the code. This amendment brings two sections of the code dealing with construction hours and activity into line with each other. SEPA review is not required for the vehicle parking proposal or for the civil citation proposal. The original SEPA document adopted with the original code covers review for the proposed amendments to the noise ordinance and construction time code sections. Page I of 5 ¢ ( II BACKGROUND A. Civil Citation Authority In June 1995, the City Council adopted a new, extensively revised sign code. During both Planning Commission and City Council review of the proposed sign code, the importance of proper and effective enforcement was stressed. To provide for enforcement of the sign ordinance, and as an opportunity to evaluate the effectiveness of the civil citation process, a section of the sign code was devoted to enforcement of the sign code's provisions. Exclusive to the sign code, these provisions granted authority to code compliance staff to issue civil citations following appropriate notification to the property owner of the violation. Until that time, sign code violations, like other violations of Chapter 22 (zoning and land use) of the FWCC, were governed by DlvlSlON 5 - ENFORCEMENT §22-121 through 22-126. FWCC Sections 22-121 through 22-126 provide for notification to code violators (Notice of Violation - FWCC 22-127), orders to cease activity (Order to Cease Activity - FWCC 22-123) in violation of the code, and permits the code enforcement officer to "... seek issuance of a zoning citation" (FWCC 22-128[a]). The city prosecutor or an uniformed police officer then issues zoning citations. These are criminal misdemeanor citations carrying penalties of up to $5000 per day and/or six months in jail for each day in violation. Violations of sections other than Chapter 22 are covered under the general penalty provisions of FWCC 1-13. They charge these also as criminal misdemeanors subject to a fine not to exceed $1000 per day or 90 days in jail, or both. In each case the matter is heard in Federal Way District Court. The defendant is entitled to a jury trial and city prosecutors must prove beyond a reasonable doubt the violation occurred. These are formal court proceedings requiring legal staff represent the city's position. Inclusion of a civil citation process for the enforcement of the sign code was essential for quick, consistent, and effective enforcement. Current civil penalties range from $50.00 per day to a maximum penalty of $400.00 for each day the violation occurs. Should the person cited appeal the civil citation, a hearing is scheduled before the Federal Way Hearing Examiner. Because the matter is civil and not criminal, there is no threat of jail time. The matter typically can be handled by code enforcement staff without assistance from legal staff and the burden of proof is by a preponderance of the evidence. A civil citation may be reviewed for illegal, corrupt, arbitrary, or capricious actions in King County Superior Court should the appellant file a petition for review, within 14 days of the date of the hearing examiner's decision. The simplicity and directness of the civil citation program has proven effective. Following an initially high volume of citations being issued and a resulting high number of appeals, activity has fallen dramatically. For the first half of 1998, only one civil citation has been appealed. During the initial enforcement period in late 1996, more than two dozen citations were appealed. Page 2 of 5 Compliance is the goal. Appropriate monetary penalties have proven sufficient to gain compliance with the provisions of the sign code in nearly all cases. The simpler burden of proof eases the amount of time and effort required to show a violation exists. The shorter period of time needed to move from a warning or notice to correct a violation to the violator actually being cited helps to reenforce the city's enforcement efforts. The proposal before you amends the enforcement sections of FWCC Chapter 22 to include a civil citation process and the appropriate procedures for processing citations and appeals. However, simply adding a civil enforcement section is not the only change required. Because the code refers in many sections to criminal penalties, the entire code will be reviewed for references to enforcement. The provisions of this amendment will apply to all code violations referenced as using the enforcement provisions established by the amendment. Though nearly the same as the existing civil citation provisions of the sign code, some changes have been made to accommodate experience gained with the existing ordinance. The Law Department has prepared an ordinance that provides a civil citation process useful to all code sections the compliance officers are assigned to enforce. The amended civil citation ordinance includes procedural provisions currently accommodated through an interpretation by the Director of Community Development Services. Proper procedural standards have been incorporated with the ordinance. In addition to inclusion of a procedural process for appealing a civil citation or penalty, other significant changes from the existing sign code civil process include a requirement that an appeal include a $100 refundable fee. This is intended to reduce the filing of frivolous appeals and ensures a portion of any potential penalty has already been paid. Should the appellant prevail, the $100 fee will be refunded. Should the citation be upheld by the examiner, the fee would be credited toward any outstanding penalty. The requirement that an appeal be accompanied by an appeal fee and the amount of the fee required is consistent with current land use appeal policy and the fee schedule adopted by the City Council. A non-refundable appeal fee is required when a land use decision made by the department director or hearing examiner is appealed. Other changes include an increase in the penalties. The current sign violation penalty scale is $50 for the first violation, $100 for the second violation, $200 for the third violation, and $400 for additional violations in excess of three. The proposed civil citation penalties would be $100 for the first violation, $200 for the second violation, $400 for the third violation, and $500 for additional violations in excess of three. All penalties are assessed for each day in violation. However, if the violator fails to correct the violation once a civil citation has been issued and does not appeal the citation, a criminal citation may be issued. Current criminal misdemeanor penalties can be as high as $5000 and/or six months in jail for each day in violation. Page 3 of 5 Be Lastly, the option of a Voluntary Correction Agreement has been included in this proposed amendment. This permits the code compliance officer and the violator to formalize in writing a schedule for compliance in lieu of issuance of a citation. Failure to complete the required actions necessary to bring the property into compliance however, can result in issuance of a criminal citation. All criminal citations would still require they be issued either by the city prosecutor or a commissioned police officer. This ordinance does not empower code compliance officers to issue criminal citations. Applying an efficient civil citation enforcement system to the remaining sections of the code will decriminalize land use and nuisance violations, lessen the formality required for the criminal citation process, and provide a more effective method of reaching the compliance goal. The most effective route to achieve a coherent civil enforcement process is to create an enforcement ordinance that clearly defines the proper procedure and is applicable to the wide variety of enforcement responsibilities. Parking on Residential Lots This proposed amendment is in response to issues raised during several enforcement cases over the past few years. Some residents have used areas not intended for storage of vehicles as parking for sometimes operable, often inoperable, vehicles. This has usually occurred mostly in back yards or adjacent landscaped areas on residential property. Under current provisions of FWCC Section 22-1135, vehicles are only prohibited from being parked or stored in required yards (setbacks). A person can potentially fill an entire property legally, exclusive of required yards, with operable vehicles, boats, or recreational vehicles. Such conditions have raised concerns within several neighborhoods about access to structures during a medical or fire emergencies, lowered property values, and little used or inoperable vehicles becoming a rodent harborage. Code provisions for several cities were researched and some cities directly contacted about how they handle this type of issue. Bellevue, Bothell, Everett, Normandy Park, Renton, and Tukwila codes were specifically reviewed for applicable requirements. King County code enforcement and several cities outside the State of Washington were also contacted. They included Albuquerque, NM; Fresno, CA; Greely, CO; Peoria, AZ; Rowlett, TX; and South Bend, IN. Of Washington State city codes reviewed, the City of Bothell was the only city found to include a provision dealing with this specific issue. Section 12.16.110 of the Bothell City Code requires all vehicles parked on a residential lot be in a garage, carport, or parked on an approved impervious surface. Cities in other states have included this type of vehicle parking or storage restriction to control air-bom particulate pollution (dust control in Arizona and New Mexico) or as part of a general illegal storage/nuisance provision. Existing driveway standards, setback, and lot coverage requirements remain in effect preventing a residential lot from being completely paved over for parking or similar Page 4 of 5 purposes. Additionally, the Bothell ordinance requires any impervious surface being used have "...direct and unobstructed driveway access." The staff proposal is to adopt language similar to the Bothell ordinance, plus a provision requiring any junked, wrecked, dismantled, or inoperable vehicles be contained in a completely enclosed building. Changes have been made to the language of the amendment to include comments made by the Planning Commission. These changes include a purpose statement and definition of"non-motorized" vehicles. A draft version of the proposed amendment is enclosed. Ce Noise and Construction Hours This proposed amendment to FWCC Sections 10-27(8) and 22-1006 is a housekeeping matter. There is a conflict between these two code sections regarding development activity and noise from construction sites. FWCC 22-1006 sets the hours construction and development activity is permitted. Those hours are different than the noise limitations set in FWCC 10-27(8) for noise generated at a construction site. The staff proposal is to amend both FWCC 10-27(8) and 22-1006 to be consistent with each other. Section 22-1006 of the FWCC prohibits development activity, as defined in FWCC 22- 1, Monday through Saturday, 8:00 p.m. to 7:00 a.m. Development activity is not permitted on Sundays or holidays observed by the city. FWCC 10-27(8) prohibits sounds originating from construction sites from 10:00 p.m. and 7:00 a.m. weekdays and 10:00 p.m. and 9:00 a.m. weekends. This amendment brings these time limitations into line with each other. The most significant change being that development activity (FWCC 22-1006) would not be permitted to begin before 9:00 a.m. on Saturday rather than 7:00 a.m. III. CONCLUSION Forward the proposed amendments as presented to the City Council for consideration. I ~LETTERS~DEBkAMENDRPT WPD Page 5 of 5 CITY OF F~:~m:~L WAY City Council AGENDA ITEM SUlk]F,C~: Civil C~enforcement process CATEGORY: BUDGET IMPACT: _ CONSENT X ORDINANCE BUSINESS HEARING FYI _ RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATYACHMENTS: 1) April 13, 1999 memorandum to City Council from Martin Nordby 2) Ordinance 3) January 4, 1999 Planning Commission Findings 4) March 30, 1990 Memorandum from Martin Nordby to LUTC. (5) see packet for noise and junk cars under Council Bill 221 for staff report. SUMMARY/BACKGROUND: The Planning Commission conducted a public hearing on November 18, 1998 on the civil citation process, noise ordinance and junk cars. The LUTC discussed the proposal at its April 5, 1999 meeting and are recommmending approval to the full Council. The noise and junk car ordinance are in a separate ordinance under Council Bill 221. CITY COUNCIL COMMITTEE RECOMMENDATION: To approve amendment as presented. ............................................... CITY MANAGER RECOMMENDATION. ~- ....... ~-~a : ~."-~. ~. -~'~,'.--~ .-~ ~'~-~ :'~ ~.~.~ '~; ~-~'~- '~ '~'~ ~'.~ "~ :~ ''~/~.., '~ ~ ~ 'T-'- .... ~ ,'/"~'~'~"f',.~,~. ~ ~,.~.~, ?-' ~: ,'' ................................................................... APPROVED FOR INCLUSION IN COUNCIL PACKET: ~//}~ ............................ - .... -- ..... (BELOW TO BE COMPLF. TED BY CITY CI.F. RK'S OFFICE) COUNCIL ACTION: . ~/ · 1 COUNCIL BILL # ~/APPROVED / ~'-'/~/.'/~ ~ /' ~' ~ O~IN~CE ~ TABL~E~~/NO ACTION .~ ~OL~ION g CITY OF FEDERAL WAY DATE: TO: FROM: SUBJECT: April 13, 1999 CITY COUNCIL ~ Martin Nordby, Code Compliance Offic Code Amendments - Citation Authority for Code Compliance; Outdoor Storage Standards for Residential Zones; Construction Times Attached are three draft code amendments that extend the current civil penalties ordinance used for sign code enforcement to the rest of the city code, establish more specific outdoor vehicle storage standards for residential zones, and correct a discrepancy between the current nuisance noise code and permitted construction hours. The City Council Land Use and Transportation Committee reviewed these draft amendments and recommended they be forwarded for consideration by the full Council. Previously the Planning Commission reviewed all three amendments during two meetings; first, a work session on November 18, 1998, then a Public Heating held December 2, 1998. The Commission recommended minor technical changes reflected in the current draft amendments. Included with the amendments is the Planning Commission's findings and recommendation for adoption. ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING A NEW CHAPTER 1.14, CIVIL VIOLATIONS OF THE CITY CODE, RELATING TO ENFORCEMENT OF CERTAIN CITY CODES AND PROVIDING FOR CIVIL PENALTIES FOR VIOLATION THEREOF. WHEREAS, the Federal Way City Council is authorized pursuant to RCW 35A.11.020 to adopt and enforce ordinances of all kinds relating to and regulating its local and municipal affairs and appropriate to the good government of the City; and WHEREAS, the Federal Way City Council is authorized pursuant to RCW 35A. 11.020 to provide that violation of such ordinances constitutes a civil violation subject to monetary penalty; and WHEREAS, RCW 7.80.010(5) also authorizes the City Council to establish by ordinance the City's own system of hearing and determining civil violations; and WHEREAS, the Federal Way City Code ("FWCC" or"the Code") currently contains twenty-two different chapters, many of which contain their own enforcement provisions; and WHEREAS, many of the enforcement provisions differ from one another in the procedures utilized and the penalties for violations; and WHEREAS, the differences among the Code's enforcement provisions may cause confusion or lead to unfairness in their application; and ORD # , PAGE 1 WHEREAS, the City Council desires to establish a uniform system for identifying and punishing the majority of violations of the FWCC, or providing for correction of said violations; and WHEREAS, adoption of such a uniform system of enforcement is in the interest of the health, safety, and welfare of the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the establishment of a uniform system for identifying, punishing, and/or correcting violations of the Federal Way City Code ("FWCC"): 1. The Federal Way City Council has previously adopted standards for civil and criminal enforcement of various portions of the FWCC; and 2. These sections treat similar activities differently; and 3. The Federal Way City Council desires to establish consistency between these sections of the FWCC; and 4. Such consistency would benefit and not be detrimental to the public health, safety and welfare; and 5. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held public hearings on proposed amendments to the Zoning Code, Chapter 22 of the FWCC as well ORD # , PAGE 2 as to other chapters of the FWCC, and has considered the testimony, written comments, and material from the public received through said hearings. Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria for the adoption of amendments to the Zoning Code: 1. The proposed amendments to Chapter 22 of the FWCC are consistent with the following goals and policies contained in the Natural Environment, Housing, and Land Use chapters of the Federal Way Comprehensive Plan: NEG 14 - Develop programs and/or regulations to address noise pollution in all areas of the City. HP5 - Maintain a strong code enforcement program to protect residential areas from illegal land use activities; and LUP1 - Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding areas. 2. The proposed amendments bear a substantial relationship to the public health, safety and welfare because they implement policies of the Comprehensive Plan and implement policies protecting the character of the City's neighborhoods. Section 3. Amendment. Chapter 1 of the Federal Way City Code is hereby amended as follows: A. The table of contents of Chapter 1 is amended as follows: ORD # , PAGE 3 Sec. 1-1. Sec. 1-2. Sec. 1-3. Sec. 1-4. Sec. 1-5. Sec. 1-6. Sec. 1-7. Sec. 1-8. Sec. 1-9. Sec. 1-10. Sec. 1-11. Sec. 1-12. Sec. 1.-13. Sec. 1-14. Sec. 1-15. Sec. 1-16. Sec. 1-17. ORD # Chapter 1 GENERAL PROVISIONS Article I. Code Construction How Code designated and cited. Definitions and rules of construction. Catchlines of sections. References to chapters or sections. History notes. References and editor's notes. Code does not affect prior offenses, rights, etc. Effect of repeals. Certain ordinances not affected by Code. Effect of amendments to Code. Supplementation of Code. Severability of parts of Code. Article II. Criminal Enforcement of Code. General penalty. Article lI1. Civil Enforcement of Code. Purpose. Definitions. Notice of Violation and Order to Correct. Voluntary_ Correction Agreement , PAGE 4 Sec. 1-18. Appeal to Hearings Examiner. Sec. 1-19. Collection of Monetary Penalty. Sec. 1-20. Additional Enforcement Procedures. Sec. 1-21. Conflicts. Sec. 1-22. Meaning of Terms. B. Section 1-13 of the Federal Way City Code is amended as follows: (a) Unless otherwise provided, an person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code or any ordinance of the city, or any rule or regulation adopted by the city council pursuant to thereto, shall be guilty of a misdemeanor. Except in cases where a different punishment is prescribed by this Code or any ordinance of the city, any person convicted of a misdemeanor under this Code or the ordinances of the city shall be punished by a fine not exceed $1,000.00 or imprisonment for a period of not more than 90 days or by both such fine and imprisonment. (b) This section shall not preclude and shall be deemed to be in addition to administrative and civil remedies as may be set forth in this Code or ordinances of the city, including but not limited to Sections 1-14 - 1-23 below. (c) Each and every day during any portion of which a violation of any of the provisions of this Code or the ordinances of the city is committed and continues shall be deemed to be a separate offense. C. New sections of the Federal Way City Code are adopted as follows: Sec. 1-14. Purpose. The purpose of this article is to establish an efficient, civil administrative system to enforce the development regulations of the city, to provide an opportunity for an appeal of determinations of violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for violations, and to provide for the collection of said penalties. It is the express and specific purpose and intent of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this ordinance. ORD # , PAGE 5 It is also the express and specific purpose and intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, its officers, employees or agents, for any injury_ or damage resulting from any action or inaction on the part of the City, its officers, employees or agents. Sec. 1-15. Definitions. In this chapter, unless a different meaning is plainly required: (a) "Act" means doing or performing something. (b) "Civil violation" means a violation of a provision of a city development regulation for which a monetary penalty may be imposed under this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation. Traffic infractions pursuant to Title 11 of this Code are specifically excluded from the application of this chapter. c~ "Development"meansthe erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a city development regulation. (d) "Development regulation" means and includes the following, as of or after the effective date of the ordinance codified in this chapter: ICl (10) (11) FWCC, Chapter 5, Buildings and Building Regulations; FWCC, Chapter 8, Fire Prevention and Protection Code; FWCC, Chapter 10, Nuisances Code; FWCC, Chapter 11, Parks and Recreation Code; FWCC Chapter 12, Solid Waste Code; FWCC, Chapter 13, Streets, Sidewalks and Certain Other Places Code; FWCC, Chapter 16, Utilities Code; FWCC, Chapter 20, Subdivision Code FWCC, Chapter 22, Zoning Code; All standards, regulations and procedures adopted pursuant to the above; and The terms and conditions of any permit or approval issued pursuant to the above. (e) "Emergency" means a situation which in the opinion of the applicable department director requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons, property, or the environment. ORD # , PAGE 6 L_O. "Enforcement o__fficial" means the City Building Official, City Code Enforcement Officers, and all other city officials designated by ordinance or by the City Manager for purposes of enforcing the provisions of this or other chapters and codes designated therein~ thereof. "Hearings Examiner" means the Federal Way Hearings Examiner and the office (h) "Omission" means a failure to act. I~ "Person" includes any natural person, any corporation or any unincorporated association or partnership. "Violation" means an act or omission contrary to a city development regulation including an act or omission at the same or different locations by the same person. Sec. 1-16. Order to Cease Activity_. (a) Issuance. Whenever the enforcement officer determines that any activity is being conducted or any development is occurring that does not conform to the applicable provisions ofthi.q Code, or that civil violation otherwise exists, he or she may issue an order to cease activity directing any person causing, allowing and/or participating in the offending conduct to cease such conduct immediately. (b) Posting and Service o_fOrder. The enforcement official shall serve the order upon the person to whom it is directed, either by: (i) delivering it personally; or (ii) by mailing a copy of the order to cease activity by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address and by posting a copy of the order to cease activity conspicuously on the affected property or structure, or as near to the affected property or structure as feasible. Proof of service shall be made at the time of service by a written declaration under penalty of perjury_ executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. Any failure of the person to whom the order to cease activity is directed to observe the posted order or to actually receive the mailed order shall not invalidate service made in compliance with this section, nor shall it invalidate the order to cease activity. (c) Appeal of Order to Cease ActiviO;. An Order to Cease Activity may be appealed under the procedures set forth in section 1-19. During any such appeal, the order to cease activity shall remain in effect. (d) Effect of Order to Cease ActiviO:. When an order to cease activity has been issued, posted and/or served pursuant to this section, it is unlawful for any person to whom the order is directed or any person with actual or constructive knowledge of the order to conduct the activity or perform the work covered by the order, even if the order to cease activity has been appealed, until the enforcement officer has removed the copy of the order, if posted, and issued written authorization ORD # , PAGE 7 for the activity or work to be resumed. Violation of an order to cease activity constitutes a misdemeanor punishable by a fine of up to five thousand dollars ($5,000.00), or imprisonment for up to six (6) months, or both. In addition to such criminal penalties, the City may enforce the order to cease activity in accordance with Section 1-21 below, and/or enforce it in superior court. Sec. 1-17. Notice of Violation and Order to Correct. Issuance. Whenever the enforcement official determines that a civil violation has occurred or is occurring, he/she may issue notice of violation and an order to correct ("notice and order") to the property owner or to any person causing, allowing and/or participating in the violation. The notice and order issued pursuant to this section represents a determination that a violation of the Federal Way City Code has been committed. This determination is final and conclusive unless appealed as provided herein. (b) Content. The enforcement official shall include the following in the notice and order: The name and address of the property owner and/or other person to whom the notice and order is directed; and (2) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and (3) A description of the violation and a reference to that provision of a city development regulation which has been violated; and (4) A statement of the action required to be taken to correct the violation as determined by the enforcement official and a date or time by which correction is to be completed; and A statement that the person to whom the notice and order is directed must: (i) complete correction of the violation by the date stated in the notice; or (ii) appeal the civil citation as provided in Section 1-19; and A statement that, if such violation is not corrected and the notice and order is not appealed, a monetary penalty in an amount per day for each violation as specified by Section 1-17(e) shall accrue against the person to whom the notice and order is directed for each and every_ day, or portion of a day, on which the violation continues following the date set for correction. (c) Service o_forder. The enforcement official shall serve the notice and order upon the person to whom it is directed, either by: (i) delivering it personally; or (ii) by mailing a copy of the ORD # , PAGE 8 order to correct violation by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address and by posting a copy of the notice and order conspicuously on the affected property or structure. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. Any failure of the person to whom the notice and order is directed to observe the posted notice and order or to actually receive the mailed notice and order shall not invalidate service made in compliance with this section, nor shall it invalidate the notice and order. d[~ Extension. Upon written request received prior to the correction date or time, the enforcement official may extend the date set for correction for good cause. The enforcement official may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as a good cause. (e) Monetary Penal_tv. The amount of the monetary_ penalty per day or portion thereof that each violation continues beyond the date set in a notice and order is as follows: First violation, one hundred dollars; Second violation, two hundred dollars; Third violation, three hundred dollars; Additional violations in excess of three, five hundred dollars. L.f2 Continued Duty to Correct. Payment of a monetary_ penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the enforcement official. (g) Declaration of Compliance. When the violation has been corrected and the penalty paid, the enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the violation was fully corrected, beyond which no further penalty shall accrue. (h) Effect qfUnappealed Notice and Order. If a notice and order is not appealed, each day which the violation continues beyond the date set in order to correct shall constitute a misdemeanor punishable by a fine of up to five thousand dollars ($5,000.00), or imprisonment for up to six (6) months, or both. In addition to such criminal penalties, the City may enforce the notice and order in accordance with Sections 1-20 and 1-21 below, and/or enforce it in superior court. Sec. 1-18. Voluntary Correction Agreement (a) General. Prior to the issuance of a notice and order under Section 1-17, or in lieu thereof, when the City determines that a violation of an ordinance has occurred, the City may enter into a voluntary_ correction agreement wherein the person(s) responsible for the violation or the owner(s) of property on which the violation has occurred or is occurring agrees to abate the violation within a specified time period and according to specified conditions. ORD # , PAGE 9 (b) Contents. A voluntatw correction agreement shall be in writing, signed by the person(s) responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring and an enforcement official, and shall contain substantially the following information: The name and address of the person responsible for the violation and/or the owner of property on which the violation has occurred or is occurring; The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; description of the violation and a reference to the regulation violated; The necessary corrective action to be taken, and a date or time by which the correction must be completed; An agreement by the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring that the City may inspect the premises as may be necessary_ to determine compliance with the voluntar7 correction agreement; An agreement by the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring that, if the terms of the voluntatw correction agreement are not met, the City may abate the violation and recover its costs and expenses as provided in this article; An agreement that by entering into the voluntary correction agreement, the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring waives the right to a hearing before the examiner under this ordinance regarding the matter of the violation, penalty and/or required corrective action; and A statement that failure to comply with the terms of the agreement shall constitute a misdemeanor punishable by a fine not to exceed five (5) thousand dollars ($5,000.00) and/or imprisonment for not more than six (6) months. c~ Modification and Time Extension. An extension of the time limit for correction or a modification of the required corrective action may be granted by the enforcement official if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforseen circumstances render correction under the original conditions unattainable. All modifications or time extensions shall be in writing, signed by the person(s) responsible for the violation and/or the owner(s) of the property on which the violation has occurred or is occurring and an enforcement official. ORD # , PAGE 10 (d) Penalty for non-compliance. Violation of the terms of the agreement shall constitute a misdemeanor punishable by fine not to exceed five thousand dollars ($5,000) per day and/or imprisonment for not more than six (6) months. Further, the City may enter the property, abate the violation and recover all costs and expenses of abatement in accordance with the provisions of this chapter. Sec. 1-19. Appeal to hearings examiner. (a) General. A person to whom an order to cease activity or a notice and order is directed may appeal the order to cease activity or notice and order to the hearings examiner. The person appealing may appeal either the determination that a violation exists, the amount of any monetary penalty imposed, the corrective action ordered, or all three. btb[~ How to appeal. A person may appeal an order to cease activity or notice and order by filing a written notice of appeal with the City Clerk within fourteen(14) calendar days from the date of service of the order to cease activity or notice and order. The appeal must be accompanied by cash or a check, payable to the City of Federal Way, in the amount of $100.00, which is refundable in the event the appellant prevails on the appeal. c(~_) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary_ penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearings examiner may impose a daily monetary penalty from the date of service of the order to cease activity or notice and order if he finds that the appeal is frivolous or intended solely to delay compliance. The effect of the filing of an appeal of an order to cease activity shall be as provided in section 1-16(d). (d) Notice of and hearing before the hearings examiner. Date of hearing. Within 10 days of the Clerk's receipt of the appeal, the hearings examiner shall set a public hearing for a date within 30 days of the Clerk's receipt of the appeal. (2) Notice of hearing. Content. The Clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the order to cease activity or notice and order, and mailed to the appellant and property owners located within 300 feet of the property that is the subject of the violation. The Notice shall contain the following: (ii) The file number and a brief description of the matter being appealed. ORD # , PAGE 11 (iii) A statement of the scope of the appeal, including a summary_ of the errors alleged and the findings and/or legal conclusions disputed in the appeal; {,iv) The date, term and place of the public hearing on the appeal. (v) A statement of who may participate in the appeal. (vi) A statement of how to participate in the appeal. Distribution. The Notice shall be mailed and posted at least ten calendar days before the hearing on the appeal. Participation in the appeal. Any person may participate in the public hearing in either or both of the following ways: (i) By submitting written comments to the hearing examiner, either by delivering these comments to the Clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing. (ii) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (5) Conduct of Hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearings examiner. The city and the appellant may participate as parties in the hearing and each may call witnesses. The appellant shall have the burden of proof by a preponderance of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in compliance with section 1-17(e), or that the corrective action ordered is unnecessary_ to cure the violation. Electronic sound recording. The hearing examiner shall make a complete electronic sound recording of the public hearing. Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (e) Decision of hearing examiner. ORD # , PAGE 12 Vacation. If the hearing examiner determines that the appellant has proven by a preponderance of the evidence that no violation substantially as stated in the order to cease activi _ty or notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and order, and order the appeal fee refunded. (2) Affirmance. If the heating examiner determines that the appellant has not so proven by a preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and order, shall affirm the amount of any monetary_ penalty imposed by the order to cease activity or notice and order, and shall affirm the corrective action ordered. (3) Modification. If the hearing examiner determines that the monetary_ penalty was not calculated in compliance with Section 17(e), or that the corrective action ordered was unnecessary to cure the violation the examiner may modi _fy the penalty amount and/or the abatement action required depending on the specifics of the violation as found at the hearing. In so ordering, the heating examiner shall consider the following: Whether the intent of the appeal was to delay compliance, or (ii) Whether the appeal was frivolous, or (iii) Whether there was a written contract or agreement with another party which specified the securing by the other party of the applicable permit or approval from the city, ox' (iv) Whether the applicant exercised reasonable and timely effort to comply with the applicable development regulations, or (v) Any other relevant factors. In modifying a monetary_ penalty under this section, the hearing examiner shall impose, at a minimum, the monetary_ penalty set forth in Section 1-17(e) above, for each separate section of the code violated, and as determined by reference to the applicable number of violations (first, second, third) at issue. In modifying the corrective action ordered, the hearing examiner shall require, at a minimum, any action necessary to ensure actual compliance within fourteen (14) days of the date of the examiner's decision. (f) Issuance of Decision. The hearings examiner shall issue a written decision, including findings of fact, conclusions, and order within 14 days of the hearing. ORD # , PAGE i3 ~ Judicial Review. Judicial review of a decision by the hearing examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority_, if any, if the petition or complaint seeking review is filed and served on all parties within 21 days of the date of the decision. For purposes of this section, "Aggrieved or adversely affected" shall have meaning set forth in RCW 36.70C.060(2). (h) Effect of Decision. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final decision of the City_, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00) or up to six (6) months imprisonment, or both. In addition to criminal punishment pursuant to this subsection, the City may pursue collection and abatement under Sections 1-20 and 1-21 below. Sec. 1-20. Collection of monetary penal~. ~ The monetary penalty constitutes a personal obligation of the person to whom the civil citation is directed. Any monetary_ penalty assessed must be paid to the city clerk within fourteen (14) calendar days from the date of service of the notice and order or, if an appeal was filed pursuant to Section 1-19, within fourteen (14) calendar days of the hearings examiner's decision. (b) The City Attorney, on behalf of the City, is authorized to collect the monetary_ penal _ty by use of appropriate legal remedies, the seeking a granting of which shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues. (1) The City may authorize the use of collection agencies to recover monetary penalties, in which case the cost of the collection process shall be assessed in addition to the monetary penalty. (2) The City may incorporate any outstanding penalty into an assessment lien when the City incurs costs of abating the violation pursuant to Section 1-21. Section 1-21. Abatement and Additional Enforcement Procedures. (a) Abatement by Violator. In the absence of an appeal, any required abatement shall be executed in the manner and means specifically set forth in the order to correct and/or the voluntary_ correction agreement by the person(s) responsible for the violation. (b) Abatement by Ci_ty. The City may perform the abatement required upon noncompliance with the terms off (i) an unappealed notice and order; (ii) a voluntary_ correction agreement; or (iii) a final order of the hearing examiner. The costs shall be billed to the person(s) obligated to perform the work under Section 1-17(b)(6), the voluntary_ correction agreement or hearing examiner decision, as applicable. ORD # , PAGE 14 (1) The City may utilize City employees or a private contractor under City direction to accomplish the abatement. The City, its employees and agents using lawful means are expressly authorized to enter upon the property of the violator for such purposes. (2) The City shall bill its costs, including incidental expenses, of abating the violation to the person(s) obligated to perform the work under the notice and order, voluntary correction agreement or hearing examiner decision, which costs shall become due and payable thirty days after the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees incurred by the Ci _ty; costs incurred in documenting the violation; the actual expenses and costs to the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing. ~ Obstruction with Work Prohibited. No person shall obstruct, impede or interfere with the City, its employees or agents, or any person who owns, or holds any interest or estate in any property in the performance of any necessary_ act, preliminary or incidental to, carrying out the requirements of an order to correct, voluntary correction agreement or order of the heating examiner issued pursuant to this chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00) per day or up to six (6) months imprisonment, or both. dLd_) Report to City Council andHearing on Cost of Abatement. In the event the person(s) responsible fails to pay within the thirty day period set forth in subsection (b)(2) of this section, the enforcement official shall prepare a written itemized report to the City Council showing the cost of abatement, including rehabilitation, demolition, restorationor repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties. (1) A copy of the report and a notice of the time and date when the report shall be heard by the City Council shall be served on the person responsible for payment as provided in Section 1-17(b)(6) at least five days prior to the hearing before the city council. (2) The City Council shall review the report and such other information on the matter as it receives and deems relevant at the hearing. The City Council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein. ~_) Assessment Lien. Following the hearing and authorization by the City Council, the City Clerk shall certify_ to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City. The lien shall be of equal rank with the state, county and municipal taxes. ORD # , PAGE 15 (1) The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within fifteen calendar days after the assessment is placed upon the assessment roll. LO Additional Remedies. The provisions of this article may be used in lieu of or in addition to other enforcement provisions of this code, unless otherwise precluded by law. 1LLI In addition to, or in lieu of the provisions of this chapter, the City may, at its ..option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the City, to obtain compliance pursuant to this chapter, and/or to collect any penalties that have been assessed. '212) The City may, at its option, seek injunctive or other civil relief in superior court regarding any code violation. Sec. 1-22. Conflicts. In the event of a conflict between this chapter and any other provision of this code or city ordinance providing for a civil penal _ty, this chapter shall control. Sec. 1-23. Meaning ofterms. Whenever the terms "civil infraction" and "civil penalty" are used in any code, ordinance or regulation of the ci _ty, those terms shall be deemed to have the same meaning as the terms "civil violation" and "monetary_ penalty", respectively, as used in this chapter. Section 4. Amendment. The following new sections are added to the Federal Way City Code, Chapter 1 3, "Streets, Sidewalks and Certain Other Places": Sec. 13-181. Civil Enforcement. [sidewalks] Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. ORD # , PAGE 1 6 .' Sec. 13-253. Civil Enforcement. lright-of-way vegetation! Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. Section 5. Amendment. Chapter 22 of the Federal Way City Code is hereby amended as follows: A. The following new section is added to the Zoning Code, Federal Way City Code Chapter 22: Sec. 22-129. Civil Enforcement. The code enforcement officer shall enforce the provisions of this chapter and the terms and conditions of any permit or approval issued pursuant to this chapter as set forth in FWCC section 22-11. B. The following sections of Chapter 22 of the Federal Way City Code are hereby amended: See. 22-11. Violation of this chapter. (a) C-riminat-vViolations. It is unlawful for any person to do or cause any of the following to be done and for a property owner to permit any of the following to be done on his or her property contrary to or in violation of this chapter: (1) (2) (3) (4) (5) Construct, in any way alter, or move any improvement. Engage in any activity. Use or occupy any structure or land. Conduct any use. Create any conditions. It is also unlawful for any person to fail to perform any activity or obligation required by this chapter. ORD # , PAGE 17 Violations identified herein shall constitute misdemeanors subject to criminal prosecution, punishable as set forth herein. This chapter is also subject to civil enforcement, as set forth herein. (b) Criminal enforcement penal. Upon conviction of an unlawful act under or violation of this chapter, the property owner or other person may be punished by a fine of not more than $5,000.00 or imprisoned for not more than six months or both for each day or part of a day during which the unlawful act or violation occurs. The property owner or other person may also be ordered to discontinue the unlawful act or correct the violation. Criminal enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, civil enforcement as specified herein or FWCC Chapter 1, Article III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. (c) Civil enforcement permt~. Civil enforcement of the provisions of this chapter and the terms and conditions of any permit or approval issued pursuant to this chapter shall be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. Sec. 22-1604. Compliance and enforcement. A. Compliance with other applicable codes. All signs erected or altered under this article must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the Uniform Sign Code adopted in section 5-281 and the Uniform Building Code adopted in section 5-66 by the city. If any provision of this code is found to be in conflict with any ORD # ., PAGE 18 provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail. B. Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The area surrounding freestanding signs must be kept free of litter and debris at all times. C. Administrative fee. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing and storing the sign as follows: (i) First violation fee -- $ 5.00 per sign. (ii) Subsequent violations fee -- $7.00 per sign. The city shall not be responsible for damages or loss during removal or storage of any signs. This administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter. D. /'~J....*l ..... l~... ..... ~,, ..... ~. Civil Enforcement. Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed as set forth below, and by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. ORD # , PAGE 19 ORD # , PAGE 20 (3) ........ axj .... 1* ORD # , PAGE 21 ORD # , PAGE 22 F. Inspection. The administrator is empowered to enter or inspect any building, structure or premises in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this code. Such inspections shall be carried out during business hours, unless an emergency exists. G. Abatement by the city. (1) Authority to remove sign. As part of any abatement action under FWCC Chapter 1, Article III, the city or its agents may enter upon the subject property and cause any sign which violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or occupant, either jointly or severally. In addition to the abatement authority provided by proceedings under FWCC Chapter 1, Article III, the city or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this article. Recover~ of costs for removal of any signs as provided herein shall be as provided in FWCC Chapter 1, Article III. ORD # , PAGE 23 C. The following sections of Chapter 22 of the Federal Way City Code are hereby repealed: Section 22-123 Section 22-124 Section 22-125 Section 22-126 Section 22-127 Section 6. Amendment. Chapter 5 of the Federal Way City Code is hereby amended as follows: See. 5-6. Appeals. Any appeals of any decision rendered pursuant to this Chapter, except decisions pertaining to enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process t II__!I of chapter 22, Zoning. Sec. 5-((~t))_8 - 5-35 Reserved. Sec. 5-41. Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC Sec. 5-6. Sec. 5-43-_4- 5-65. Reserved. Sec. 5-67. Amendments. The following amendments to the code adopted in section 5-66(a) are hereby adopted: (1) Section 104.2.4 is amended and supplemented to read as follows: ORD # , PAGE 24 Orders to cease activity. Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWCC Section 1-16. 2~) Section 104.2.5 is amended and supplemented to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may, by issuance of an order to cease activity under the FWCC Section 1-16, order such use discontinued and the structure, or portion thereof, vacated. (-t-)(3) Section 106.3.1 is amended and supplemented by the addition thereof of a new section to be known as subsection 106.3.1 (8), to read as follows: As much information as required to provide an accurate environmental disclosure. (--2-)(4) Section 106.4.1 is amended and supplemented by the addition of a new paragraph to read as follows: When the size of the building is increased or the scope for which the permit was issued is changed, the building official may amend the building permit. When such fees specified in section 107 have been paid and when changes to the plans and application are approved, the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. (-30(5) Section 106.4.4 is amended and supplemented by the addition of a new paragraph to read as follows: Land surface modification (grading permits, building permits for R-3 and U occupancies) shall expire one year from the date of issue. Building permits may be renewed for one-half of the original permit fee for the first permit issued for such work. (-4)(6) Section 107.4 is amended and supplemented to read as follows: (d) Expiration of plan review. Applications for building permits which have not been approved by the department of community development, public ORD # , PAGE 25 works department, fire prevention bureau, King County health department, or building division within 180 days following the date of application shall expire by limitation and become null and void if no permit has been issued. Any time spent in the state environmental policy act review process shall not be included in the allotted 180 days. Plans and other data submitted for review thereafter may be retumed to the applicant or destroyed by the building official. The building official may extend the 180-day time limitation following the application for permit for a period of not more than 180 days upon request of the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. The review time by other departments may not be extended. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall pay a new application fee, and the "application date" shall be the date of payment of the new application fee. Upon notification of the availability of permit by the building official, such permit must be obtained within 180 days of application date. The building official may extend the 180-day time limitation following the application for a permit by not more than 180 days upon request of the applicant showing that circumstances beyond, the control of the applicant have prevented action from being taken. No unissued permit shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new application fee and any remaining plan review fee. The rules and regulations in effect on the date of such reapplication shall govern the permit application. (--5-)(7) Section 108.4 is amended and supplemented by the addition of a new paragraph to read as follows: Buildings that have not received a final approval shall not be occupied without written approval of the building official. (-6-)(8) Section 1804.7 of the Uniform Building Code is hereby amended and supplemented to read as follows: Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to insure that underfloor spaces remain free of running or standing water. As a minimum, such drains shall be installed around the perimeter of the building at the footings. Additional drains may be required in the underfloor space. The drainpipes shall be of sufficient size to adequately convey water to an approved location, but shall be a minimum size of four inches. Provisions shall be made to prevent the drainage system from becoming blocked with ORD # , PAGE 26 soil. The building official may waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the building. (-70(9) Appendix Chapter 34, Section 3406.2 is deleted in its entirety. Sec. 5-68. Uniform Building Code Section 105 amended - Board of Appeal. Section 105 of the Uniform Building Code, as adopted by this chapter, is hereby amended to read as follows: 105.1 General. · ~,~ .... ~ ........ ~ ..... of a~_ppeals of .......decisions; or determinations made by the Building Official relative to the application and interpretation of this code, except orders, rulings or decisions pertaining to enforcement of this code, shall be made to the Hearing Examiner pursuant to FWCC Sec. 5-6. 105.2 Limits of Authority. The Hearing Examiner shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code. 105.3 Enforcement. Civil enforcement of the provisions of this code and the terms and conditions of any permit or approval issued pursuant to this code shall be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this code. Sec. 5-91. Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC section 5-6. Sec. 5-933 - 5-100. Reserved. Sec. 5-143. Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC section 5-6. Sec. 5-1445_ - 5-165. Reserved. ORE) # , PAGE 27 Sec. 5-167. Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC section 5-6. Sec. 5-168. Amendments - Uniform Code for the Abatement of Dangerous buildings_- Szzti~n 901 Az¢c, un~ c,f Expense F~l~ng c,f Rcp~ - Amzndzd. (1) Sec 202 is amended as follows: Section 202 Abatement of Dangerous Buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code as amended herein and FWCC Chapter 1, Article III, Civil Enforcement of Code. In the event of any conflict between the applicable provisions of this code and FWCC Chapter 1, Article III, the more restrictive provisions shall apply. (2) Section 205 is deleted in its entirety. (3) Sec 401.2 is amended as follows: Section 401.2 Notice and Order. The building official shall issue a notice and order ,~ ................... ,, ...... ,, ............. ~. pursuant to FWCC Section 1-17. In addition to the information required by FWCC Section 1-17, :F the notice and order shall contain: ~.1_~_. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code. ORD # , PAGE 28 4. 2~ Statements advising that if any required repair or demolition work (without vacation being also required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause to be done and charge the costs .thereof against the property or its owner. (4) Sections 401.4 and 401.5 are deleted in their entirety. (5) Section 403 is amended as follows: Section 403 Repair, Vacation and Demolition. The following standards shall be followed by the building official (and by the ,_A__~ _,- .....,~ ........ vv .... hearings examiner if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: 1. Any building declared a dangerous building under this code shall be made to comply with one of the following: 1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or 1.2 The building shall be demolished at the option of the building owner; or ORD # , PAGE 29 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. (6) Section 404.1 is amended as follows: Section 404.1 Posting. Every notice to vacate shall be issued, served and posted as an Order to Cease Activity under FWCC Section 1 16, :- -'~'~:': .... '-~: ....... '~ ....... :-,~, :- o~-,:-- ac~ -~ °,,4 shall be posted at or upon each exit of the building and shall ~'~: .... ~- ..... :.._,...~.~ c^,, .... :-- ~'~--' include the following wording: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of Federal Way (7) Chapters 5 and 6 are deleted in their entirety. (8) Sections 701.1 and 701.2 are deleted in their entirety. (9) Chapters 8 and 9 are deleted in their entirety. Sec. 5-169 - 5-215. Reserved. Sec. 5-218. Enforcement. The building official is charged with the duty of enforcing this article and determining whether or not the provisions and requirements of this article have been complied with. Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. ORD # , PAGE 3O Sec. 5-226. Appeals proeess. ~a ...... hbc aa provided in ...... ~ ~, ~.m~. Appeals made from ~ ruling under this ~icle, except rulings or decisions pe~aining to enforcement of this ~icle, shall be pursuit to FWCC section 5-6. Sec. 5-322. Amendments. The following amendments to the codes adopted in section 5-320 are hereby adopted: Section 204 of the Uniform Administrative Code as adopted by this chapter, is hereby amended to read as follows: (1) Section 204. Appeals. 204.1 General. Hcaringa and dcciaions of a~_ppeals of orders;-, decisions; or determinations made by the Building Official relative to the application and interpretation of this code, except orders, rulings or decisions pertaining to enforcement of this code, shall be made to the Hearing Examiner pursuant to FWCC Sec. 5-6. 204.2 Limits of Authority. The Hearing Examiner shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code. 204.3 Enforcement. Civil enforcement of the provisions of this code and the terms and conditions of any permit or approval issued pursuant to this code shall be govemed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this code. (2) Section 301.1.3 of the Uniform Administrative Code Provisions for the NEC is amended to read as follows: (b) Exempt work. An electrical permit shall not be required for the following: Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. ORD # , PAGE 31 Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same locations. 3. Temporary decorative lighting. Repair or replacement of current-carrying parts of any switch, contractor or control device. o Reinstallation of attachment plug receptacles, but not the outlet therefor. Repair and replacement of any over current device of the required capacity in the same location. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its functions as a serving utility. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. The following new sections are added to Chapter 5 of the Federal Way City Code, as follows: ORD # , PAGE 32 Sec. 5-7. Enforcement. [general] Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be govemed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. Sec. 5-43. Enforcement. [administration] Notwithstanding any provision to the contrary_, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil actions. Sec. 5-92. Enforcement. [plumbing code] Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. Section 7. Amendment. Chapter 10 of the Federal Way City Code shall be amended as follows: Sec. 10-29. Pena~ Enforcement. ,.,~,.,.,~,~ ,,.~,,,.,, .... a ........ ,. ..... Civil enforcement of the provisions of this chapter shall be governed by FWCC Chapter l, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or FWCC Chapter l, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct ORD # , PAGE 33 or discourage unlawful acts in violation of this chapter. For second and subsequent offcn$c$ violations of the provisions of this chapter, the person shall also be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1-13. Section 8. Amendment. Chapter 11 of the Federal Way City Code shall be amended as follows: Sec. 11-53. Responsibility ta~s'oax'ea~q'o~ for violation. Anyone concerned in the violation of this article, whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, shall be a principal under the terms of this article, and may be prosecuted and have the code enforced against him or hero.,..~'~-~" ~c ...... "~'~ ' ,,..,..~-'~ .......... '~ Sec. 11-54. Enforcement Pcr, a (a) Civil enforcement of the provisions of this article shall be governed by Federal Way City Code Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. ~ Conviction of a violation of or failure to comply with the provisions of this article shall also constitute a misdemeanor and shall be punished as provided in section 1-13, except for violations of provisions that constitute gross misdemeanors, conviction of which shall be punished by a fine not to exceed $5,000.00 or imprisonment in jail not exceeding one year, or by both such fine and imprisonment. Section 9. Amendment. Chapter 12 of the Federal Way City Code shall be amended as follows: Sec. 12-21. Administration and Enforcement. (a) The director, or the director's representative, is hereby authorized and directed to administer the collection and disposal of all garbage, recyclables and yard waste in the city, and to enforce the provisions of this chapter. ORD # , PAGE 34 (b) Civil enforcement of the provisions of this article, as against all persons other than authorized franchisees, shall be governed by Federal Way City Code Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein or in Federal Way City Code section 1-13, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. Enforcement of the provisions of this article and chapter against authorized franchisees shall be as provided by the applicable franchise agreement and as otherwise provided by law, including but not limited to criminal sanctions as specified herein or in Federal Way City Code section 1-13, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. Section 10. Amendment. Chapter 16 of the Federal Way City Code shall be amended as follows: Sec. 16-37. Enforcement officer. The public works department director or designee shall be responsible for the ~ ...... ,~ ............ enforcement of the provisions of this division. Sec. 16-38. Criminal Enforcement per. aha'. Any person convicted of violating any provision of this division shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than six months, or both, by such fine and imprisonment for each day or part of a day during which the unlawful act or violation occurs. The property owner or other person may also be ordered to discontinue the unlawful act or correct the violation. Criminal enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, civil enforcement as specified herein or FWCC Chapter 1, Article III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this division. Sec. 16-39. Civil Enforcement penalty. ORD # ., PAGE 35 Civil enforcement of the provisions of this division shall be governed by Federal Way Ci_ty Code Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified herein and in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this division. Sec. 16-40. ,~,~.A_ ,A__, .... ~,..~ Reserved. Section 11. Amendments. Chapter 20 of the Federal Way City Code shall be amended as follows: Sec. 20-5. Violations, enforcement and penalties. (a) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this chapter, or any amendment thereto, shall be guilty of a gross misdemeanor punishable by a fine of not more than $5,000.00 for each offense. Each such sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land shall be deemed a separate and distinct offense; provided, however, an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval shall not be deemed in violation of this chapter if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract or parcel. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded. (b) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this chapter, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or the local regulations, or with such terms or conditions. The costs of such action may be taxed against the violator. ORD # , PAGE 36 ' (c) Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than 90 days or both. (d) No building permit, septic tank permit, or other development permit, shall be issued for any lot, tract, or parcel of land divided in violation of this chapter or local regulations adopted pursuant thereto unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this chapter and each purchaser or transferee may recover his or her damages from any person, firm, corporation, or agent selling or transferring land in violation of this chapter or local regulations adopted pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements, rescind the sale, or transfer and recover costs of investigation, suit and reasonable attorneys' fees occasioned thereby. (e) In the altemative or, to the extent allowed by law, in addition to the remedies prescribed in this section, the city, through its authorized agents, may commence an action to enforce this chapter, any local subdivision regulation or any term or condition of plat approval prescribed by the City Council, according to Federal Way City Code Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the City including, but not limited to, criminal sanctions as specified in this section and in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter, any local subdivision regulation or any term or condition of plat approval prescribed by the City Council. The City may also, commence an action to restrain and enjoin violations of this chapter or of any term or condition of plat approval prescribed by the city, and/or to compel compliance with the provisions of this chapter, or with such terms or conditions. In the event such action is commenced, :Fthe costs of such action may be taxed against the violator. Section 12. Severability_. The provisions of tlais 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. ORD # , PAGE 37 Section 13. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 14. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this ,1999. day of CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K: \cd \oraina\civviol 3 ORD # , PAGE 38 ( CITY OF FEDERAL WAY Planning Commission DATE: TO: FROM: SUBJECT: January 4, 1999 City Council Robert Vaughan, Chair Planning Commission Recommendation - Citation Authority For Code Enforcement; Outside Storage Standards For Residential Zones; Construction Times I. BACKGROUND The Federal Way Comprehensive Plan contains goals and policies that provide for the protection of the inhabited environment through policies intended to protect it from the adverse impact of noise; illegal land uses and activities; and enforcement of the laws that establish the standards supported by these policies. Currently, the City's code enforcement staff are given the responsibility to enforce those standards as established in the various chapters of the Federal Way City Code (FWCC). This amendment establishes a civil citatiOn enforcement process for the entire code similar to the enforcement program currently used for the sign code. Federal Way District Court would become the last resort rather than the first stop for violations. The civil process is a faster, more effective method of dealing with many code violations. Among the codes protecting residential areas from the impact of noise from permitted construction activity are ones that limit the times of the day and days of the week such intense activity may occur. These hours are in conflict with other standards established in the City's nuisance noise provisions in Chapter 10 of the FWCC. This conflict has made these standards difficult if not impossible to enforce equitably and without confusion. Lastly, concerns were expressed to the City Council during the investigation and enforcement of a junk vehicle case that the use of landscaped areas outside of the required yard for parking and storage for operable vehicles was legal. These citizens believed this created, a situation that was both detrimental to the aesthetics of the community and degraded the health and safety of the neighborhood. The intent of these three separate code amendments is to further the City's goal of improving the health and safety of its citizens. -I- ( II. PLANNING COMMISSION PROCESS The Planning Commission held both a work session and public hearing. The work session was held November 18, 1998. This provided the commission an opportunity to review the proposals in depth and ask detailed questions. From this session came specific changes to the proposals. A Public Hearing was held December 2, 1998. Minor tec~ical changes were made based on additional Planning Commission comments. City staff has prepared draft amendments to the requirements in the zoning code concerning civil citation authority, outdoor storage of vehicles, development activities, and related noise nuisances. The drafts are attached to this document. III. SUMMARY OF AMENDMENTS The following list summarizes the major code amendments reviewed by the Planning Commission during this code revision process. 1. A civil citation system has been drafted that includes the following major features: Decriminalizes zoning and other nuisance related codes. Establishes civil penalties for violations of those codes ranging from $100 per day to $500 per day. Authorizes Code Compliance Officers to issue a civil citation after appropriate notice. Establishes an appeal procedure and criteria for affected persons wishing to appeal a civil citation~ Appeal hearings are heard by the Federal Way Hearing Examiner rather than in Federal Way District Court. Outdoor storage standards are established for operable and inoperable vehicles. These standards include: ao Requirement that all junked, wrecked, dismantled, or inoperable vehicles be stored in a fully enclosed structure. Ail operable vehicles must be parked on an approved impervious surface such as a driveway or in a carport or garage. Standards for operable vehicle parking do not apply to single family lots of 20,000 square feet or more. ° Creates consistency between development activity hours and nuisance noise code requirements. -2- ( ( IV. PLANNING COMMISSION FINDINGS &;RECOMMENDATIONS The Planning Commission based its recommendation for adoption of the proposed amendments to the Federal Way City Code relative to civil citation authority, outdoor storage, and development activity and nuisance noises based on the following findings: The City's Code Compliance Officers are responsible for enforcement of the City's codes and regulations; and o They currently do not possess the authority to properly sanction certain code violations within their area of responsibility; and ge The proposed amendments are consistent with the provisions of the Housing Chapter of the Federal Way Comprehensive Plan (FWCP) including the following: HP5 - Maintain a strong code enforcement program to protect residential areas from illegal land use activities; and The citizen concerns about improper outdoor storage of vehicles are consistent with the Land Use Chapter of the FWCP including the following: LUP1 - Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses; and ° The development activity hours of Chapter' 22 of the FWCC were not consistent with the definition of a nuisance noise as defined by Chapter 10 of the FWCC; and the Natural Environment Chapter of the FWCP states: NEG14 - Develop programs and/or regulations to address noise pollution in all areas of the City. ° The Federal Way SEPA responsible official has determined SEPA review has already been completed as part of the adoption of the original zoning code; and o The proposed code amendments would not adversely affect the public health, safety, or welfare. Robert Vaughan,-Chair Federal Way Planning Commission K \COMMON AD~ADMIN I~PLANCOM\ 1998LPCMEMO -3- CITY OF FEDERAL WAY DATE: TO: FROM: SUBJECT: March 30, 1999 CITY COUNCIL LAND USE AND TRA~I-St~ORTATION COMMITTEE Martin Nordby, Code Compliance Office~2~ Code Amendments - Citation Authority for Code Compliance; Outdoor Storage Standards for Residential Zones; Construction Times Attached are three draft code amendments that extend the current civil penalties ordinance used for sign code enforcement to the rest of the city code, establish more specific outdoor vehicle storage standards for residential zones, and correct a discrepancy between the current nuisance noise code and permitted construction hours. In draining the civil penalties ordinance staff were able to utilize both the experience of other cities and the experience gained from our own sign code enforcement program to create a greatly enhanced enforcement ordinance. Provisions to reduce frivilous appeals and their added work and expense are included in this amendment. It also creates a specific process for hearing appeals and directs the hearings examiner to provide better direction in his/her decisions to both staff and the appeallant. Greater than typical research was conducted concerning outdoor vehicle storage. Due to the limited number of local jurisdictions using such an ordinance, cities were also contacted in the states of California, Arizona, New Mexico, and Indiana. The draft amendment is based on these examples plus considerable input from the Planning Commission. The proposed amendments to the noise and construction time standards are primarily housekeeping in nature. The ordinances conflicted in their respective times when construction activity and its related noise impacts was permitted. This has been corrected with no alteration to the primary intent of either ordinance. The Planning Commission reviewed all three amendments over a period of two meetings; first, a work session on November 18, 1998, then a Public Hearing held December 2, 1998. Minor technical changes were recommended by the Commission and are reflected in the draft amendments. Included with the amendments is the Planning Commission's findings and recommendation for adoption. CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: At a special meeting on May 4, 1999, the City Council of Whole interviewed applicants to fill the three (3) vacancies on the Parks/Recreation Commission; the Council also has the ability to appoint non-voting alternates to the commission at the same time. The appointments will be confirmed at the regular meeting on May 4, 1999. CITY COUNCIL COMMITTEE RECOMMENDATION: City Council of Whole recommends confirmation of appointees to fill the appropriate vacancies on the Parks/Recreation Commission. CITY MANAGER RECOMMENDATION: To confirm the necessary commission appointments, and to direct the City Clerk to arrange for introduction and presentation of certificates of appointment for the newly appointed commissioners at the May 18 regular meeting. ~ ~ / ~ f ~ ......................................................................................................................... ............................................... 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 # ORDINANCE # RESOLUTION # CCCOVER~5~4/~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Indoor Billboard Inc., Appeal of Hearing Examiner Denial of Side Yard Variances CATEGORY: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTAC~4ENTS: Resolution Affirming Report & Decision of Hearing Examiner SUMMARY/BACKGROUND: On April 20, 1999, the City Council held a public hearing on this appeal. Following the hearing, the Council continued it's deliberations to May 4, 1999. Pursuant to FWCC Section 22-455, after holding a public hearing, the Council may vote on a motion incorporating one of the two following actions: Action One: If the council determines that the disputed findings of fact and conclusions are the correct findings of fact and conclusions, the council shall affirm the decision. Action Two: If the council determines that the disputed findings of fact and conclusions are not correct and that correct findings of fact and conclusions do not support the decision of the hearing examiner, the council shall modify or reverse the decision. A complete copy of the record for the Indoor Billboard Variance Application is on file in the City Clerk's Office and in the Council offices. CITY COUNCIL COmmITTEE RECOMMENDATION: N/A ...~...~~...~~...N~._~.! ................. ~...~...~~..of. ...................................................... the Hearing Exa~n~t'/ /~. APPROVED FOR INCLUSION IN COUNCIL~'~ ~"~~-~[~'~"' (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 # : 980010agd. cc2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AFFIRMING THE DECISION OF THE FEDERAL WAY HEARING EXAMINER IN THE MATTER OF THE VARIANCE REQUEST BY INDOOR BILLBOARD N.W., FILE NO. 98-12. WHEREAS, Indoor Billboard N.W. has a possessory ownership interest in Lot 6 of the Kits Comer Business Park subdivision; and WHEREAS, Indoor Billboard N.W. submitted a request for a variance from side yard setback requirements, to reduce side yards from twenty (20) feet to ten (10) on the west side of the parcel, and from twenty (20) feet to six (6) feet on the east side of the parcel; and WHEREAS, on October 27 and December 8, 1998, a public hearing was held before the Federal Way Hearing Examiner, Stephen K. Causseaux Jr., concerning the variance requested by Indoor Billboard N.W.; and WHEREAS, on January 15, 1998, the Hearing Examiner issued his Report and Decision denying the request for a variance; and; WHEREAS on January 29, 1999, Indoor Billboard N.W. appealed the Hearing Examiner's Report and Decision; and WHEREAS, on April 20, 1999 the Federal Way City Council held a public hearing on Indoor Billboard N.W.'s appeal, and heard argument by counsel for Indoor Billboard N.W. and City staff; and Res. #__, Page 1 WHEREAS, the Federal Way City Council has reviewed and considered the record of the Hearing Examiner in this matter, including the Report and Decision, and considered the arguments and comments made at the April 20, 1999 public hearing; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Affirmance of Heating Examiner Report and Decision. The January 15, 1999 Report and Decision of the Hearing Examiner, including the Findings and Conclusions contained therein, is affirmed in its entirety. Section 2. Severabili _ty. 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 April, 1999. CITY OF FEDERAL WAY Res. #__, Page 2 MAYOR, RON GINTZ 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~indrbill.aff Res. # , Page 3 ~ MEETING DATE: May 4, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: A RESOLUTION EXTENDING THE TIME IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT THE LAKEHAVEN UTILITY DISTRICT COMPREHENSIVE WATER SYSTEM PLAN CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $0.00 Expenditure Amt: $0.00 Contingency Reqd: $0.00 ATTACHMENTS: Proposed Resolution SUMMARY/BACKGROUND: On February 11, 1999, Lakehaven Utility District adopted a Comprehensive Water System Plan Update. Under Washington law, the City of Federal Way and other cities located within the District have ninety days in which to approve or reject the Plan. City Staff and a consultant are nearing completion of their review of the Plan, after which a recommendation will be made to Council as to whether to approve or reject the Plan. The District, however, very recently reopened discussions of proposed increases to the District's Capital Facilities Charges, which increases will affect the f'mancing portion of the Comprehensive Water System Plan Update. Additional time is necessary to obtain additional information concerning the District's proposed CFC increases and adequately review their affect on the Plan as a whole. State statutes provide the City the ability to extend the review time by ninety (90) additional days. An additional thirty-five (35) days would provide staff the necessary time to complete the CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Adopt a Resolution extending the time for review of the 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 # ORDINANCE # RESOLUTION # RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON EXTENDING THE TIME IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT THE COMPREHENSIVE WATER SYSTEM PLAN OF THE LAKEHAVEN UTILITY. WHEREAS, water service within the City of Federal Way is provided by the Lakehaven Utility District ("District"), a water-sewer district organized and operating under Title 57 of the Revised Code of Washington; and WHEREAS, the District is required under RCW 57.16.015 to adopt a comprehensive water plan, and to submit such plan to the legislative authority of all cities and towns which are included within the boundaries of the District provides service, WHEREAS, on February 11, 1999 the District adopted its Comprehensive Water System Plan Update ("Plan"); and WHEREAS, in mid-March, 1999, the District submitted to the City of Federal Way and amended Chapter 12 of the Plan, which changed the Assessment of Revenue Requirements portion of the Plan and financing for it by reducing the amount of funds available through Capital Facilities Charges ("CFCs") for necessary capital projects; and WHEREAS, City of Federal Way staffand the City's consultant have been reviewing the Plan, and the amended Chapter 12, and are in the process of finalizing their review; and WHEREAS, on April 22, 1999, the District's Board of Commissioners reopened discussions concerning proposed increases'to the CFC; and Res. # , Page 1 WHEREAS, the District has indicatedthat it will be providing additional information concerning CFC increases in the near future, at District work sessions and Board meetings; and WHEREAS, City staffand the City's consultant are in the process of reviewing the information provided by the District on April 22 to determine how it affects the Plan, including the amended Chapter 12; and WHEREAS, City staffwill obtain additional information from the District in the near future and finalize staff's recommendation to the City Council as to whether approve or reject the Plan; and WHEREAS, the time provided for by RCW 57.16.015(6) for the City of Federal Way's review of the Plan will expire on May 12, 1999; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Finding. The City Council finds that insufficient time exists to adequately review the Plan and anticipated changes to the CFC that will affect the Lakehaven Utility District's Comprehensive Water System Plan Update's financing element, and that an extension of the time provided by RCW 57.16.015(6) for the City of Federal Way's review of the Comprehensive Water System Plan Update is therefore necessary and warranted; Section 2. Extension of Time in Which to Approve or Reject Comprehensive Water S. ystem Plan. The time provided by RCW 57.16.015(6) for the City of Federal Way's review of the Lakehaven Utility District's ComprehensiveWater System Plan Update is hereby extended by thirty- five (35) days, until June 16. 1999. , Res. # , Page 2 Section 3. Severabili _ty. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. 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 May, 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\reso\comprej.ext Res. # , Page 3 MEETING DATE: May 4, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Puget Sound Air Pollution Control Agency (PSAPCA) CATEGORY: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: ExpenditureAmt: Contingency Reqd: $ 3,000 Cgear 2000) $21,500 $24,503 ATTACHMENTS: Letter from PSAPCA and draft City response to said letter. SUMMARY/BACKGROUND: PSAPCA is soliciting comments regarding proposed rate increases over the next three years. CITY COUNCIL COMMITTEE RECOMMENDATION: The Committee reviewed the letter from PSAPCA and directed staff to draft a response letter to be presented at May 4 Council meeting including the following areas of concern: ~ Why such steep increases all at once? Is there a potential of smaller increases spread over time? ~ Why is the state and federal governments cutting their funds and shifting the burden to local governments? ~ What specifically has been done in Federal Way by the PSAPCA? Can the agency provide a detailed listing of local activity? > What are the potential increase or decreases in service expected if proposed rate increase is approved/not approved? > Has the agency maximized user charges? > Shouldn't the communities with a higher industrial and commercial basis causing pollution bear a higher proportion of the assessment? CITY MANAGER RECOMMENDATION: ~,~t,,~e'PACKET~~~~ APPROVED FOR INCLUSION IN COUNCIL : (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NOACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION# CCCOVER-5/2,4/94 CITY OF~ (253) 661-4000 FEDERAL WAY, WA 98003-6210 April 29, 1999 Dennis J. McLcrran, Executive Director Puget Sound Air Pollution Control Agency 110 Union Street, Suite 5000 Seattle, WA. 98101-2038 RE: Proposed Assessment Increase Dear Mr. Dennis: Thank you for allowing Federal Way an opportunity to provide input on the proposed 38.7% assessment increase over the next three years by Puget Sound (Agency). The City recognizes the significant functions professionalism and responsiveness in which these the City could support the proposed increase, the to better understand the needs of such an ' Control Agency performs and the However, before the following questions Does the faCt that both the Federal and time are adopting newer and Has the Agency max~m~ Has the Agency governments to better r6iI~t assessed valuation or a their funding but at the same unfunded mandate? full costs of applicable activities? other options of assessing the fees to local ?'s conlribution to the problem? (Such as USing of assessed valuation and population as basis of assessment instead of pure population as allowed by the State statute.) What specific services has the Federal Way community received from the Agency? Is there any planned or anticipated changes in the type and the level of services in the next three years. In the event the increases are justified, the City would suggest such increases be spread into smaller increments over a longer period. Thank you for the oppommity to express and your consideration of our concerns. Sincerely, Ron Gintz, Mayor City of Federal Way PUGET ~' '~."2~'~ .'r~_ _: '~.~_ '~.'t; ':~'_'2'_':~-~.'_ '~77."T.2.':2_ KING COUNTY SOUND April 14, 1999 Iwen Wang Finance Director City of Federal Way 33530 1st Way S Federal Way, WA 98003-6210 AIR KIT'SAP COUNTY POLLUTION CONTROL PIERCE COUNTY RECEIVED IVIA~GEMENT sERVICES GtTY OF FEDERAL WAY AGENCY SNOHOMISH COUNTY Re: Annual Per Capita Assessment for Federal Way Dear Mr. Wang: Our agency is proposing an increase in the annual per capita assessment to local governments in our four-county region. The em-rent assessment is set at a rate of 31 cents per capita. This rate has not been changed for the last nine years and the annual contribution has increased only as population increases in the county as a whole. The proposal before our Board for the fiscal year 2000 budget i~~e~ eaoita assessment to a rate of 36 cents. There would al§o be fu'Ktre incf~-ases 'of three _ een er year for the ne two · Federal Way's annual contribution to PSAPCA is $21,100 for 1999. The current proposal in front of our Board would increase Federal Way's assessment to approximately $24,503 for calendar year 2000. There are several key reasons' the per capita increase is necessary. First, the U.S. Environmental Protection Agency (EPA) adopted new, tougher air quality standards for ozone and fine particles. We are perilously close to becoming a "non- attainment area" for ozone, a classification that EPA applies to a region that does not meet air quality standards. It also appears that the new fine particle standard will present challenges for our region. The "non-attainment" classification has serious implications. It not only means that our air is not as dean and healthy to breathe as it should be, it also brings economic and regulatory burdens. Such areas are ot~en avoided by new businesses because air permitting requirements become tougher. Ultimately, a region can lose transportation funds if it does not take the steps necessary to .reduce future emissions and come back into attainment of the standard. We are also required to prepare detailed air quality plans and technical analyses regarding possible control measures for the region to either avoid "non-attainment" or to come back into "attainmeflt" status. 'The work we do over the next few years to avoid these problems requires additional funding and is thd most significant driver for the proposed per capita increase. Dennis I. McLerran, Air Pollution Control Officer B O A R O O f D I R E C T O R S Margaret Pageler, City o[ Seattle, Board Chair Lynn S. Ho-ton, Mayor, 8reme*ton Janet Chalupnik, Member at Large Dave Somers, Snohomish Cotm~ Council Edward O. Hansen, May(x, Everett Ron Sims, King Coonty Executive Brian Ebersole, Mayo~, Tacoma Charlotte Garrick), Commissiooer, Kitsap Coumy Doug Sutherland, Piecce County Executiv~ 110 Union Street, Suite 500, Seattle, Washington 981 O1-2038 · (206) 343-8800 F-cg, (800) 552-3565 ,~ FAX:(206) 343-7522 Second, state and federal funds to support the work of local air agencies, particularly in air quality planning and analysis, have been cut substantially in recent years. In fact, our state funding has been reduced from about $1.4 million annually to about $800,000 in the past three years. Federal funds for regional air quality planning have essentially been eliminated. Meanwhile, we have worked hard to keep our expenditures at'a mirfimum and have kept our budget growth well below the rate of inflation for the past five years. We now need an increase in the per capita assessment to local governments to continue our important air quality management work for the region. Finally, .my staff conducts many activities in your community, some of which are identified in the enclosed sheet. Whether it is responding to odor or wood smoke complaints, working with dry cleaners or auto body shops to install new controls or working with a major employer, we are in your ~ommunity on a regular basis. Without an increase in per capita assessment, these activities cannot be sustaine& If we were not to do them, they Would either not be conducted or would be required of other local or state governments. I believe it is more cost-effective for this agency to perform these activities' throughout the four-county region than for each city and county to provide them separately. I hope your city can support our per capita proposal. I would be happy to further explain the particulars of our proposal to you or others.at the city. You can reach me at my direct number at (206) 689-4004. Our Board also welcomes comments from your city as they makb a'decision on this proposal. The Board will be making decisions on our budget at their meeting on M~ay 13 1999. Written comments eau be included in their Board packet as late as May 5~eome your comments and questions. Dennis ]. MeLerran I ' '"'~ · Executive Director Encl. PSAPCA SERVICES TO COMMUNITIES Air Monitoring Operate an air monitoring network to measure pollution, determine air quality, issue a daily air quality index, and provide the technical basis for calling winter bum bans and summer smog watches. Work with local TV meteorologists to transmit air quality data to the public. Air Quality Planning and Permitting Maintain healthy air, as defined by EPA standards, through air pollution regulations on industry and other emission reduction strategies. Develop strategies to reduce global warming, visibility and air toxic pollution.. Assure that all new and modified sources of air pollution employ technology that minimizes pollutant emissions. Reviewed and approved 535 applications last. year. Business Compliance Activities Help the regioffs 4,000 businesses achieve and maintain compliance through efforts such as: funding, training, and empowering trade associations; developing operations and maintenance manuals; developing and distributing industry-specific materials to simplify regulations and compliance requirements; and partnering with other organizations to provide incentives for businesses to become environmental leaders. Inspect all registered businesses (1,881 inspections in 1998) to assure compliance with air pollution regulations and a'level playing field'by preventing non-complying businesses from gaining an economic advantage. Respond to local citizen complaints regarrl_ing air pollution, including industrial emissions, odors from businesses, wood smoke, and dust. Regulate contractors and homeowners doing asbestos demolition and removal projects. Public Education Develop and deliver campaigns to encourage public behaviors that improve air quality. Successful examples include the wood smoke campaign, which has led to significant reductions in particulate pollution by encouraging cleaner aitematives to outdoor burning, wood stoves and fireplaces. Educate the public about the relationship between stagnant weather and air pollution and the potential health hazards associated with air pollution, and enlist their support to reduce polluting activities during winter bum bans and summer smog watches. Provide homeowners with informational materials about asbestos~ including detailed how-to procedures for safe do-it-yourself removal projects.