Council PKT 01-20-1998 Regular
..
City of Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Ron Gintz, Mayor
Jeanne Burbidge Linda Kochmar
Jack Dovey Michael Park
Mary Gates Phil Watkins
CITY MANAGER
Kenneth E. Nyberg
Office of the City Clerk
I.
II.
ill.
a.
b.
IV. **
V.
a.
b.
VI.
Vll.
VIII.
IX.
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
January 20, 1998 - 7:00 p.m.
*****
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATION
Police Officer Commendation
National Volunteer Blood Donor Month Proclamation
CITIZEN COMMENT (3 minute limit per person)
CONSENT AGENDA
Minutes/January 6, 1998 Regular Meeting
Arts Commissioner Appointment
CITY COUNCIL BUSINESS
23rd Ave So/So 317th Sf to 324th St/Right-of-Way Acquisition
CITY MANAGER REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
ee PLFASB COMPLETE PINK SLIP &: PRESENT TO THE DEPUTY CITY CT .RRK PRIOR TO SPEAKING. Citizens may address the City Council at this
time. Wilen recognized by the Mayor, please come fOlWard to the podium, adjust microphone to propec height, and state your name and address for the record.
PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. Citizc:na may comment on individual agenda items at times during any regularly scheduled City
Couocil mecûIg, prior to Council discussion. These items include, but are not limited to, Ordinances, Resolutions and Council Business issues. These comment
times are in addition to the Citizen Comment at the beginning of each regularly scheduled meeting.
MEETING DATE: January 20, 1998
ITEM# ~ (CL)
.........................................................................................................................................................................."....""""""'.................
........"............................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: City Council Meeting Minutes
................................................................................."...............................................-.......................................,............................,
............................................
CATEGORY:
BUDGET IMPACT:
X CONSENT
_ORDINANCE
_BUSINESS
_HEARING
FYI
_RESOLUTION
STAFF REPORT
_PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
....................................................,............"""""""""""""""""""""""""""""""""""""""""""...................,.............................,............................,............
..
ATTACHMENTS: Meeting Minutes - Federal Way City Council Regular Mtg. - January 6, 1998.
....................................................,.............."....................................................................................................................,..............
.............................,..............
SUMMARYIBACKGROUND: Written minutes required by the Revised Code of Washington (RCW)
""""""""""""""""""""""""""""""""""""""""""""""""""'"................................................................................................."...........................".............
CITY COUNCIL COMMITTEE RECOMMENDATION: Approval of minutes as presented.
.....................................,..............,..........................................................,.......................................................................................
.,............................,..............
~: ~ ~ ~ ~ ~~~~ ~ ~~~~~~ :~~~~:~~~~ ~:~t~~: ~rese:t~.' m
~~~~DFOR~_~~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\agenda. bil
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
January 6, 1998 - 7:00 p.m.
DRAFT
MINUTES
I
CALL MEETING TO ORDER
Senior Councilmember Mary Gates opened the regular meeting of the Federal Way City Council
at 7:05 p.m., in Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mary Gates, Ron Gintz, Jack Dovey, Michael Park. Jeanne Burbidge and
Linda Kochmar.
City staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Chris
Green and Deputy City Clerk Bob Baker.
II
PLEDGE OF ALLEGIANCE
Executive Assistant to the City Manager, L. Patrick Briggs, led the flag salute.
III
SWEARIN G IN CEREMONY
Councilmembers-Elect Burbidge. Kochmar & Watkins
City Clerk Chris Green administered the Oaths of Office to Councilmembers-Elect Jeanne
Burbidge, Linda Kochmar & Phil Watkins. The newly-sworn officials signed appropriate
documents.
IV
SELECTION OF MAYOR & DEPUTY MAYOR
a.
MAYOR
Councilmember Gates opened the floor for nominations for the position of Mayor.
Councilmember Jack Dovey nominated Councilmember Ron Gintz.
Councilmember Linda Kochmar nominated Councilmember Phil Watkins.
Hearing no other nominations, Councilmember Dovey MOVED TO CLOSE THE
NOMINATIONS; second by Councilmember Park. The motion carried as follows:
CITY COUNCll., REGULAR MEETING
MINUTES - 1/6/98 - PAGE 2
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
The vote for position of mayor was taken by ballot after City Clerk Green appointed
Councilmembers Kochmar & Burbidge count/verifY votes. Voting results were as follows:
Gates
Park
Watkins
Kochmar
(Gintz)
(Gintz)
(Watkins)
(Watkins)
Dovey
Gintz
Burbidge
(Gintz)
(Gintz)
(Gintz)
The City Clerk then administered the Oath of Office to Mayor Ron Gintz.
b.
DEPUTY MAYOR
Councilmember Gates relinquished the gavel to Mayor Gintz. At such time, Mayor Gintz stated
his pleasure with serving as Mayor. He introduced his family and shared a few brief thoughts. He
opened the floor seeking nominations for the position of Deputy Mayor.
Councilmember Gates nominated Councilmember Michael Park.
Hearing no other nominations, Councilmember Watkins MOVED TO CLOSE NOMINATIONS;
second by Councilmember Dovey. The motion carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
Having no other nominations before the Councilmembers, Councilmember Michael Park was
selected as Deputy Mayor.
City Clerk Green executed the Oath of Office to Deputy Mayor Michael Park.
At 1:21 p.m., Mayor Gintz and Deputy Mayor Park recessed the regular meeting for a reception
honoring the elected officials and signed their Oaths of Office.
**PUBLIC RECEPTION FOR ELECTED OFFICIALS**
",' ""';""'M'>(.""~
CITY COUNCIL REGULAR MEETING
MINUTES - 1/6/98 - PAGE 3
At 7:45 p.m., Mayor Gintz reconvened the regular meeting.
v
PRESENTATIONS
a.
Martin Luther King. Jr. Proclamation
Mayor Gintz read from the original and proclaimed January 19, 1998, to be a day of celebration
honoring the memory of Dr. Martin Luther King, Jr., and urging all citizens to join in keeping his
dream alive by re-dedicating ourselves to the goals of freedom, dignity and equality for everyone.
Accepting the proclamation was Martin Luther King, Jr. Committee member Pat Curran.
b.
Human Services Commissioner Introduction
Deputy Mayor Park introduced Mr. Darren Paschke, who at the December 16, 1997, regular
Council meeting, was appointed to fill an unexpired term on the Commission. Deputy Mayor
Park presented him with a Certificate of Appointment.
"
VI
CITIZEN COMMENT
No citizen comment was received.
VII
CONSENT AGENDA
c.
d.
MinutesIDecember 16. 1997 - Regular Meeting
VoucherlDecember 16. 1997
MontWy Financial Report/November 1997
Council Bill #187/Civil Service Code AmendmentlEnactment Ordinance
APPROVED ORDINANCE #98-308
Council Bill #188/Subdivision Code AmendmentslEnactment Ordinance
APPROVED ORDINANCE #98-309
a.
b.
e
Councilmember Dovey pulled item E.
Councilmember Gates MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C & D~
second by Deputy Mayor Park. The motion carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
CITY COUNCIL REGULAR MEETING
MINUTES -1/6/98 - PAGE 4
Item E:
Council Bill #188/Subdivision Code Amendments
Councilmember Watkins MOVED APPROVAL OF THE COUNCIL BILL AS PRESENTED;
second by Deputy Mayor Park;
Councilmember Dovey MOVED TO AMEND COUNCIL BILL #188 BY ADDING THE
FOLLOWING LANGUAGE TO SECTION 20-155, COVERING OPEN SPACE AND
RECREATION, WInCH INSERT WILL BE LOCATED ON PAGE 5 OF THE ORDINANCE
AS PART OF THE LAST SENTENCE:
"Any fee collected shall be utilized within the park comprehensive plan planning area that the
subject property falls within unless the applicant by voluntary agreement directs the
expenditure of such fees in a different planning area. "
The motion to amend was seconded by Councilmember Gates. The motion carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
no
yes
Dovey
Gintz
Burbidge
yes
yes
yes
The main motion, as amended, carried as follows:
..
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
VIII CITY COUNCIL BUSINESS
Council Committee Appointments
Mayor Gintz noted he is seeking the names of those Councilmembers interested in serving on various
committees. It was the consensus of Council to delay action on this item until it may be discussed
at the Council retreat scheduled for January 9 and 10, 1998.
IX
CITY MANAGER REPORT
Mr. Nyberg announced the Martin Luther King, Jr. celebration is scheduled for Saturday, January 19,
1998, at 10:30 a.m., at Saghalie Jr. High School.
CITY COUNCIL REGULAR MEETING
MINUTES - 1/6/98 - PAGE 5
He also announced Council retreat notebooks had been placed at the dias for review before the
scheduled event.
Finally, he announced travel time to the retreat location is approximately 2 hours and he anticipated
individuals would leave near the 7:30 a.m. hour on Friday; and encouraged car pooling.
x
CITY COUNCIL REPORTS
Councilmember Dovey announced he would be absent fÌ"om the January 20 Council meeting.
Mayor Gintz announced he, too, would be absent from the January 20 Council meeting.
Councilmember Watkins announced he would drive his car to the retreat and invited any who wished
to car pool.
Councilmember Burbidge announced her earlier resignation from the Arts Commission and was happy
to be sitting on the Council.
Councilmember Gates reported on regional affairs.
Councilmember Kochmar stated she was pleased to be on the Council and looks forward to serving
the citizens of Federal Way. ..
Councilmember Park stated no new date had been set for the Public Safety/Human Services
Committee. He was pleased and honored to be chosen Deputy Mayor.
XI
ADJOURNMENT
Having no other business to come before the Council, Mayor Gintz adjourned the regular meeting
at 8:07 p.m.
Robert H. Baker
Deputy City Clerk
"
MEETING DATE: January 20, 1998
ITEM#~(a..)
...... ................ ................... ........... ............................. ..................................................................................................,..............
....... ......... .............. """"""""""
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: City Council Meeting Minutes
..................................................................................................................................-....................................................."""""""""""""""
"""""""""""""""
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
_BUSINESS
_HEARING
FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
"""""""""""""""""""""""""""""""""""""""""""""""""..................................................................................................................................................
ATTACHMENTS: Meeting Minutes - Federal Way City Council Regular Mtg. - January 6, 1998.
"""""""""""""""""""""""""""""""""""""""""""""""'"".""""'."."""""""""""."""""""""""""""""".""""""".........................................................
SUMMARYIBACKGROUND: Written minutes required by the Revised Code of Washington (RCW)
"""'.'."""""""""""""""""""""""""'.""""""""."".................................................................................................,........................................................
.......
CITY COUNCIL COMMITIEE RECOMMENDATION: Approval of minutes as presented.
"""""""""""""""""""""""""""""".........................................................................................................................................................................
...............
~ r: ~~~~ ~~~~~ ~~~~~~~: ~~~ :~~~~~,~:~~~~ ~~~:~:t~ ....,'m
~~~~DFORø~~
(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 #
1: \agenda. bil
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
January 6, 1998 - 7:00 p.m.
DRAFT
MINUTES
I
CALL MEETING TO ORDER -
Senior Councilmember Mary Gates opened the regular meeting of the Federal Way City Council
at 7:05 p.m., in Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mary Gates, Ron Gintz, Jack Dovey, Michael Park, Jeanne Burbidge and
Linda Kochmar.
City staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Chris
Green and Deputy City Clerk Bob Baker.
II
PLEDGE OF ALLEGIANCE
Executive Assistant to the City Manager, L. Patrick Briggs, led the flag salute.
III
SWEARING IN CEREMONY
Councilmembers-Elect Burbidge. Kochmar & Watkins
City Clerk Chris Green administered the Oaths of Office to Councilmembers-Elect Jeanne
Burbidge, Linda Kochmar & Phil Watkins. The newly-sworn officials signed appropriate
documents.
IV
SELECTION OF MAYOR & DEPUTY MAYOR
a.
MAYOR
Councilmember Gates opened the floor for nominations for the position of Mayor.
Councilmember Jack Dovey nominated Councilmember Ron Gintz.
Councilmember Linda Kochmar nominated Councilmember Phil Watkins.
Hearing no other nominations, Councilmember Dovey MOVED TO CLOSE THE
NOMINATIONS; second by Councilmember Park. The motion carried as follows:
CITY COUNCIL REGULAR MEETING
MINUTES -116/98 - PAGE 2
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
The vote for position of mayor was taken by ballot after City Clerk Green appointed
Councilmembers Kochmar & Burbidge count/verify votes. Voting results were as follows:
Gates
Park
Watkins
Kochmar
(Gintz)
(Gintz)
(Watkins)
(Watkins)
Dovey
Gintz
Burbidge
(Gintz)
(Gintz)
(Gintz)
The City Clerk then administered the Oath of Office to Mayor Ron Gintz.
b.
DEPUTY MAYOR
Councilmember Gates relinquished the gavel to Mayor Gintz. At such time, Mayor Gintz stated
his pleasure with serving as Mayor. He introduced his family and shared a few brief thoughts. He
opened the floor seeking nominations for the position of Deputy Mayor.
Councilmember Gates nominated Councilmember Michael Park.
-
Hearing no other nominations, Councilmember Watkins MOVED TO CLOSE NOMINATIONS;
second by Councilmember Dovey. The motion carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
Having no other nominations before the Councilmembers, Councilmember Michael Park was
selected as Deputy Mayor.
City Clerk Green executed the Oath of Office to Deputy Mayor Michael Park.
At 1:21 p.m., Mayor Gintz and Deputy Mayor Park recessed the regular meeting for a reception
honoring the elected officials and signed their Oaths of Office.
'Ie 'Ie PUBLIC RECEPTION FOR ELECTED OFFICIALS 'Ie 'Ie
.. _.__._-.,_..~~.~----,--
CITY COUNCIL REGULAR MEETING
MINUTES - 1/6/98 - PAGE 3
At 7:45 p.m., Mayor Gintz reconvened the regular meeting.
v
PRESENTATIONS
a.
Martin Luther King. Jr. Proclamation
Mayor Gintz read ITom the original and proclaimed January 19, 1998, to be a day of celebration
honoring the memory of Dr. Martin Luther King, Jr., and urging all citizens to join in keeping his
dream alive by re-dedicating ourselves to the goals of fteedom, dignity and equality for everyone.
Accepting the proclamation was Martin Luther King, Jr. Committee member Pat Curran.
b.
Human SeIVices Commissioner Introduction
Deputy Mayor Park introduced Mr. Darren Paschke, who at the December 16, 1997, regular
Council meeting, was appointed to fill an unexpired term on the Commission. Deputy Mayor
Park presented him with a Certificate of Appointment.
VI
CITIZEN COMMENT
No citizen comment was received.
VII
CONSENT AGENDA
a.
b.
c.
d.
MinuteslDecember 16. 1997 - Regular Meeting
VoucherlDecember 16. 1997
Monthly Financial ReportlNovember 1997
Council Bill #187/Civil Service Code Amendment/Enactment Ordinance
APPROVED ORDINANCE #98-308
Council Bill #188/Subdivision Code AmendmentslEnactment Ordinance
APPROVED ORDINANCE #98-309
e
Councilmember Dovey pulled item E.
Councilmember Gates MOVED APPROVAL OF CONSENT AGENDA ITEMS A., B, C & D;
second by Deputy Mayor Park. The motion carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
CITY COUNCn.. REGULAR MEETING
MINUTES - 1/6/98 - PAGE 4
Item E:
Council Bill #188/Subdivision Code Amendments
Councilmember Watkins MOVED APPROVAL OF THE COUNCIL BILL AS PRESENTED;
second by Deputy Mayor Park;
Councilmember Dovey MOVED TO AMEND COUNCIL BILL #188 BY ADDING THE
FOLLOWING LANGUAGE TO SECTION 20-155, COVERING OPEN SPACE AND
RECREATION, WIllCH INSERT WILL BE LOCATED ON PAGE 5 OF THE ORDINANCE
AS PART OF THE LAST SENTENCE:
"Any fee collected shall be utilized within the park comprehensive plan planning area that the
subject property falls within unless the applicant by voluntary agreement directs the
expenditure of such fees in a different planning area."
The motion to amend was seconded by Councilmember Gates. The motion carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
no
yes
Dovey
Gintz
Burbidge
yes
yes
yes
The main motion, as amended, carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
VIII CITY COUNCIL BUSINESS
Council Committee Appointments
Mayor Gintz noted he is seeking the names of those Councilmembers interested in serving on various
committees. It was the consensus of Council to delay action on this item until it may be discussed
at the Council retreat scheduled for January 9 and 10, 1998.
IX
CITY MANAGER REPORT
Mr. Nyberg announced the Martin Luther King, Jr. celebrationis scheduled for Saturday, January 19,
1998, at 10:30 a.m., at Saghalie Jr. High School.
"
CITY COUNCIL REGULAR MEETING
MINUTES -116/98 - PAGE 5
He also announced Council retreat notebooks had been placed at the dias for review before the
scheduled event.
Finally, he announced travel time to the retreat location is approximately 2 hours and he anticipated
individuals would leave near the 7:30 a.m. hour on Friday; and encouraged car pooling.
x
CITY COUNCIL REPORTS
Councilmember Dovey announced he would be absent from the January 20 Council meeting.
Mayor Gintz announced he, too, would be absent ftom the January 20 Council meeting.
Councilmember Watkins announced he would drive his car to the retreat and invited any who wished
to car pool.
Councilmember Burbidge announced her earlier resignation from the Arts Commission and was happy
to be sitting on the Council.
Councilmember Gates reported on regional affairs.
Councilmember Kochmar stated she was pleased to be on the Council and looks folWard to serving
the citizens of Federal Way.
Councilmember Park stated no new date had been set for the Public Safety/Human Services
Committee. He was pleased and honored to be chosen Deputy Mayor.
XI
ADJOURNMENT
Having no other business to come before the Council, Mayor Gintz adjourned the regular meeting
at 8:07 p.m.
Robert H. Baker
Deputy City Clerk
MEETING DATE: January 20, 1998
ITEM# ;dL- Q?j
....................................................................................,................................................................................".................................
..................................,.........
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
... ~P~.~ ç.!.;.... A.~!.~...ç. ~~~!~~~~.!l....~ PP.~~ ~!.~.~.~.!.. """""" ............,... .",... ......"... .,.... ............ """""""""""""""" ...,..
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
_BUSINESS
HEARING
FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
....................................................................,................................................................................".................................................
....................................,.......
ATTACHMENTS: None
........................................,..........................................................................................................................................................."""
"""""""""""""""""""""
SUMMARYIBACKGROUND: Councilmember Jeanne Burbidge resigned her position as Arts Commissioner on
December 30, 1997, leaving one vacancy on the commission. It is the consensus of Councilmemhers to appoint first
alternate Nancy Cole to fill the unexpired term through 3/31/2000. The commissioner introduction and certificate will be
presented at the regular meeting on February 3, 1998.
..............................................,......................................................................................".................................................................
...........................................,
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
..................................."......................................................................................................,............................................................
...........................................,
~:~::~::~.~~~~:::: .~~:~.:.:~.=:~~i~~.~::.~i~::t ~~.=:~:::~~:~~~:~~~:il: :.
APPROVED FOR INCLUSION IN CO UNOL PACKET: ~~ ~
(BELOW TO BE COMPLETED BY CI1Y CLERK'S OFFICE)
COUNOL ACfION:
_APPROVED
_DENIED
_TABLED/DEFERRED/NO ACfION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
MEETING DATE: January 20, 1998
ITEM#
JZL
.... """"""""""""""'" ......".. ............... ...... ,........... .,...... ....... ... ......................,..... ...,.. .""" """""'" ..m..... .........,.........,.. ...,............,..,.,....
...... "" ...............,......"..
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 23rd Avenue South (South 317th Street to South 324th Street)
...,.. .... ..........................~~~~.!~P.!~Y.~.~~.~.~.~.L~.g.~.~..~.f.w.~Y..A£q ~.!~!!~.~~...... ................, .....,...............................,......,............................
CATEGORY:
BUDGET IMPACT:
CONSENT
_ORDINANCE
LBUSINESS
_HEARING
FYI
RESOLUTION
_STAFF REPORT
PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.~~~~~~~~;'::~~~:~::~~~.~7.:::.::::::.::::::::::::::::::::::::~:::::::::::::::::::::::::::::::::::
SUMMARYIBACKGROUND: This project widens 23rd Avenue South to five lanes, two in each direction with a left
turn lane from South 317th Street to South 324th Street. Signals will be installed at South 317th Street and South 322nd
Street, where the SeaTac Mall entrance will be aligned. 23rd Avenue South will be illuminated, and twelve foot
sidewalks with wheel chair ramps will be added to both sides of 23rd Avenue South. Street trees and street furniture will
also be installed.
The project is funded as follows:
Local Funds STP Funds TIB Funds Total
Design $ 0.00 $294,100.00 $ 45,900.00 $ 340,000.00
Right of way $ 643,676.00 $457,900.00 $ 0.00 $1,101,667.00
Construction $ 920,200.00 $ 0.00 $3,680,800.00 $4,601,000.00
Total $1,563,876.00 $752,000.00 $3,726,700.00 $6,042,667.00
Currently, design of the 23rd A venue South Road Improvements Project is approximately 95 % complete; construction
is scheduled to begin in 1999.
Federal regulations do not allow the certification of right of way to be subdelegated. As such, the Washington State
Department of Transportation (WSDOT) has overall responsibility to the Federal Highway Administration (FHW A) for
the acquisition of right of way on all FHW A funded transportation projects in the State. The City of Federal Way is not
certified for right-of way acquisition.
WSDOT Real Estate Services can be utilized for the right of way acquisition. The contract with WSDOT for these
services will be not more than $40,000.00. Attached is a copy of the Governmental Agreement for Aid, Work By State -
Actual Cost. Right of way acquisition is anticipated to be $1,000,000. All acquisitions will be brought to Council for final
purchase approval. Attached is a copy of the Local Agency Agreement, Supplement No.2, to proceed with right of way
...~,Ç.gy.i.~! ~.Qv. ~........................,......................................................................,..................,......,................... ............ ......................
.................,.............. ...........
. .1
. >" ' ," , , "'. ..., . , >,...
............. .............. ........................ ......... ............ ...... ................. .... ........... ............................... ...................... .... ....................
............. ........... .................................
CITY COUNCIL COMMITTEE RECOMMENDATION: This topic did not go to the Land Use and
Transportation Committee due to Council committee changes.
... .. .. ... .. .. ................... ....... ... .. ......... .. .. ...................... ................. .. ... ........... . ... . .................... ..... .. .. .... .. ..
. .. ..... .... ...... ...... .. . .. ........ .. .. .. .. ..... .. .............. .... .. ........ ... ......
.. . ~~~.. ~ ~ ~ ~~. ~.~~.~~.~ ~~ ~ ~:.......... ~ ~...~.~ ~ ~ ~.: ~~ ~.. ~...... .................. ..........
APPROVED FOR INCLUSION IN COUNCIL PACKET:
~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLEDIDEFERREDINO ACTION
Ie: \council\agdbi11s\ 1998\23rdavc.row
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
~
W
I
I
Washington State
Department of Transportation
Local Agency Agreement
Supplement No.2
Agency
Date
City of Federal Way
10/13/97
Federal Aid Project Number
Agreement Number
STPUL-1 022(001)
LA 2041
The Agency of City of Federal Way desires to supplement the basic agreement entered into and
executed on Arril 1? 1 ç,ç,:; as described above. All provisions in the basic agreement remain in effect
except as expressly modified in this agreement.
The changes to the agreement are described as follows:
DRAFT
Name
Termini
23rd Avenue South
South 317th Street to South 324th Street
Length
0.85
Description of Work Widen 23rd Avenue South to five-lanes with provisions for pedestrians and bicycles, and includes
signal modifications at 23rd Avenue South/South 32Oth Street. Installation of a new traffic signal at
Metro Park 'n Ride, illumination and landscaping.
Reason for
Supplement
To proceed with right-of-way acquisition.
ESTIMATE OF FUNDING
(1) (2) (3) (4) (5)
Type of Work Prevo AgreemenU Supplement Estimated Total Estimated Estimated
Supplement Project Funds Agency Funds Federal Funds
a. Agency Work -------------}-QC - --.. --. .. -' ..1.QC .._..--.._...--l~ 87
.....--.--..-..- ----..----...---
PE b. Other Consultant -' --- --. - ~~1,~_QC -. --- -- eo ~~1,9.QC .. --- ----- ~.~,~_12 -.. -- - --_?~_~.?_f!8
-..-....---.....
c. State services 5,OOC 5,OOC 675 4,325
d. Total PE cost (a+b+c) 340,00C 340 DOC 4590C 294 100
Right of Way 1,056,667 1,056,667 637,692 418,975
e. Agency work
......--....---. "-""-""'-"C '--"""'--"'-C ......--.-..-..-C """---"----'0
1. Other
State Services -.--.---..-----. .. _.. -.. _. 45,Ò'ÕC ..m-"-'45,Õ-ÕC "-"-""-6,äi~ .. --. -- -- - 3'8,925
g.
h. Total RNV cost (e+f+g) 1,101,667 1,101,661 643,761 457,900
I,.;onstructlon -
i. Contract .
j. Other '--'-""'_--'00 ---.--..-..--.-. -"""",__..00 -.-------...---. ..--.---.--...-.
k. Other .-......--.-.... ......--..-..... -- --. ----....... --....-....--.-. .........---..-.
I. Other
m. Total (i+j+k+l)
Construction Engineering
n. Agency
o. Other ..-.....--.-..-. .-..--..-------. ......-u--..... '-'-"-"'-'---' .--...--------..
p. State Forces .-----.......-.. ..-..-..-..--... . --. uu.-.. -- - - .----.-..--.---. .---..-..,,----.
q.Total Const Engr (n+o+p)
r. Total Cons! Cost (m+q)
I r otal cost estimate or me
project (d+h+r) 340,000 1,101,667 1,441,667 689,667 752,000
. Federal participation in Construction Engineering (q) is limited to 15% of the Total Contract Costs (line m, column 5)
The local agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the Federal funds obligated, it accepts and will comply with the application provisions.
AGENCY OFFICIAL
By:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Kenneth E. Nyberg
City Manager
Assistant Secretary for TransAid
Date Executed
....- ..M.""""'.
.. ..-.-...-
~
;r.. Washington State
.",/1 Depar~ment of Transportation
.'
GOVERNMENTAL AGREEMENT ORGANIZATION AND ADDRESS FEDERAL EMPLOYERS
, FOR AID 10 NUMBER
WORK BY STATE - ACTUAL COST
AGREEMENT NUMBER DISTRICT
NUMBER LAND ACQUISITION, RELOCATION, AND RELATED SERVICES
This AGREEMENT, mada and entered Into this day of , 19---, between the STATE OF
WASHINGTON, Department of Transportation, acting by and through the SocretaryofTransportation, hereinaftercalled the -DEPARTMENT,.
and the above-named organization, hereinafter called the -AGENCY:
WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Ad of 1970 (PL 91-646, 84 Stat. 1894) amanded '
by Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat 246-256) as implemented by the United States Department of
TransportatioQ (49 CFR 24). Chapter 8.26 Revised Code of Washington (RCW), and Chapter 468-100 Washington Administrative Code
(WAC) promulgated by Washington State Office of Community Development (OCD), all of which are hereinafter referred to. as the
REGULATIONS, estabUsh a uniform policy for the expedient and consistent traatment of owners subjected to land acquisition practices and
provide for the fair and equitable treatment of persons displaced in connection with or as a rasult of public works programs or projects of
a State agency or local public body; and
WHEREAS, the AGENCY may propose to acquire or to administer the acquisition of real property in connection with public works
programs or projects which may necessitate displacement of an individual, a family, business, farm, or nonprofit organization; a'1d
. ~
WHEREAS, the DEPARTMENT has an established organization to complete project impact studies and to conduct land acquisition
property management and relocation assistance programs in compliance with the REGULATIONS and is empowered to provide such
services pursuant to Chapter 39.34 RCW; and .
WHEREAS, the DEPARTMENT, in accordance with its policies does not daslre to perform servié9s for a public agency by entering into
or otherwise Interfeñng with competitive bidding by private enterprise in response to advertisement or solicitation by such public agency;
and
WHEREAS, the AGENCY, in support of said departmental policies, assures the DEPARTMENT that the AGENCY's assignments and!
or requests for services under this AGREEMENT will not result from bidding, negotiation, or other competition involving private enterprise;
and
WHEREAS, the AGENCY may desire to obtain such services from the DEPARTMENT and the DEPARTMENT is willing to furnish such
services to the AGENCY, and both deem it in the interest of the public to enter Into this AGREEMENT;
NOW, THEREFORE, In consideration of the stated premise and in the interest of providing expedient, fair, equitable, and uniform
treatment of land owners and persons to be displaced by proposed land acquisition projects and pursuant to RCW 8.26.120, the parties hereto
agree as follows:
It.
'I WITNESS WHEREOF, the parties hereto have executed
~REEMENT as of the date first above written.
owner, when required by the REGULA 110NS.
I
GENERAL
B. The AGENCY shall furnish tho DEPARTMENT with all
information which has been compiled by or is available to the
AGENCY concerning the property to be affected by each
particular project. Such information shall include, but not be
limited to, a list identifying each property affected by the project
by parcel number, a tabulation of improvements on each
property, the geographical location and boundaries of each
property, and a description of how the project affects each
property. The AGENCY shall furnish the DEPARTMENT
copies of plan sheets showing limits of parcels! rights to be
acquired, and sufficient engineering data to develop legal
descriptions.
A The DEPARTMENT shall, to its maximum ability, provide
the AGENCY with impact study, appraisal review, acquisition,
relocation assistance, or property management services
described hereinafter, all in accordance with the appropriate
elements of the department's operating.requirements set forth
in the departmental publication M26-01 (HW), Right otWay
Manua~ except where specific oper¡~~ing require~ents are
otherwise described herein. All such requirements shallc:onform
to the REGULATIONS. I
B. The normal workload of the department shall have priority
over any work performed under the AGREEMENT. The.work
performed underthis AGREEMENT shall be pursued with care
and diligence, '!1akjng every effort to recognize pertinent
schedules ofthe AGENCY. The DEPARTMENT shall promptly
notify the AGENCY of any hardship or other inability to perform
under this AGREEMENT including postponement of the
agency's work due to priority given to the department's work.
C. The DEPARTMENT shall furnish all labor, materials,
supplies, at'Id incidentals necessary to complete the work
assigned by the AGENCY and shall furnish al! inf<?rmation
necessary to the conduct of a land acquisition program.
D. The DEPARTMENT will at its discretion andupon written
request from the AGENCY furnish the following as required:
C. This AGREEMENT may be increased or decreased in
scope or character of work to be performed if such change
becomes necessary, but any such change shall be
accomplished by written agreement and executed by all parties
10 said AGREEMENT.
Impact Studies: Impact studies shall be made and reported in
written narrative addressing potential influences by a program
or project on land economics orland use factors, displacemenV
relocation factors, acquisition costs, and relocation plans, as
requested. ~
D. The AGENCY shall indemnify and hold the DEPARTMENT
and its agents, employees, and/or officers harmless from and
shall process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses,
damages, or costs, of whatsoever kind or nature, brought
against the DEPARTMENT arising out of, in connection with,
or incident to the execution of this AGREEMENT and/or the
AGENCY performance or failure to perform any aspect of this
AGREEMENT to the extent allowed by law.
Appraisa/:Property shall be evaluated and value conclusions
reported to conform with departmental operating requirements.
Any request by the AGENCY for court preparation and testimony
will be a separate work assignment request under this
AGREEMENT and shall bé submitted to the DEPARTMENT
in a timely manner to provide. .not less than ninety (90) days
notice in advance of ~ny expected court appearance.
II
WORK ASSIGNMENT/REQUEST
Appraisal Review: Appraisal råports shall be reviewed to
conform with departmental operating requirements for validity
of value conclusions provided such reports are accompanied
by a copy of the appraiser's contract and provided that the
AGENCY (or its agent) has determined that such reports
appear to comply with the agency's procedural requirements
and include adequate description of the property appraised
and the interest to be acquired and appear to include adequate
data supporting said conclusions. The AGENCY shall be
responsible for obtaining any necessarY replacements for
unacceptable appraisal reports or for obtaining any substantive
A. Specific assignments shall be made in writing to the
DEPARTMENT by the AGENCY. The AGENCY shall make
such assignments before any negotiations for property
af .tion and before any discussion of price with the property
revisions of inadequate reports where such reports were
furnished to the DEPARTMENT by the AGENCY.
respond to and assist the AGENCY with an appeal as to. .
relocation assistance benefits filed by an aggrieved dlsplacee;.
however, the AGENCY shall .remain responsible. oor,'8f1Y
appointment of a hearings officer, conducting hearings,
maintaining records thereof, and rendering ofthe final decision
of the AGENCY.
Acquisition: Every reasonable effort will be made to acquire
real property by negotiations in accordance with the
REGULATIONS. The DEPARTMENT shall attemptto acquire
all property within the project limits without commencing
condemnation proceedings. A written olterwill be presented to
each owner at the time price is first discussed for the property.
The offer will be documented and retained as part of the parcel
file. Individual parcel diaries will be maintained containing
adequate written records of the negotiations including, but not
limited to, the following:
Property Management: EffectivG management of agency..
controlled properties will be provided in the name of the
AGENCY in conformity with departmental operating
requirements.
1. Date and place of contacts;
2. Persons present;
3. Offers made (actual dollar amount);
4. Counter offers made;
5. Reasons settlement could not be reached.
E. At the completion of the project the DEPARTMENT will,
either at its disCretion or upon written request by the AGENCY,
turn over to the AGENCY all records including appraisal and
appraisal review reports, acquisition, relocati<?n assistance,
and property management records pertinent to the work
performed by the DEPARTMENT.
III
PAYMENT
Each request by the AGENCY shall specify the name of
the grantee in whose name the property is to be conveyed. The
DEPARTMENT shall provide the AGENCY with deeds to all
property acquired and, wherever possible, instruments to clear
encumbrances of title from those deeds. The DEPARTMENT
will provide information leading to clearing of encumbrances
which the DEPARTMENT cannot clear without legal action.
Upon completion of a review of each acquisition by the
DEPARTMENTs Title Section, all instruments and materials
pertaining thereto will be provided to the AGENCY. Clearing
remaining encumbrances of title and making the actual payment
for the property shall be the responsibility of the AGENCY.
Should it become apparent that negotiations for attempted
acquisition have reached. an impasse and sufficient time has
elapsed for a property owner to make a decision, the
DEPARTMENT will, either at its discretion or upon written
request by the AGENCY, submit to the AGENCY a
condemnation report that will contain a summary of negotiations.
amounts of counter offers, if any. and other historic data
relative to such attempted acquisition. The actual filing of
condemnation and subsequent litigation shall be the
respoAsibility of the AGENCY.
The DEPARTMENT shall be paid by the AGENCY for
completed work and for services rendered under the
AGREEMENT as provided hereinafter. Such payment sh~1 be
full compensation for work performed or services rendered
and for all labor, materials, supplies, and incidentals necessary
to complete the work. The DEPARTMENT acknowledges and
agrees that only those costs actually allocable to a project shall
be charged to such project. ' .
"
A. The DEPARTMENT shall be reimbursed in full by the
AGENCY for its direct and related indirect costs accumulated
in accordance with its current accounting procedures.
B. Partial payments will be made by the AGENCY upon
receipt of the AGENCY of billings from the DEPARTMENT.
Billiñgs will not be more frequent than one per month. It is
agreed that payment of any particular claim will not constitute
agreement as to the appropriateness of any item and that at
the time of final billing all required adjustments will be made.
Relocation Assistancé: Relocation assistance services shall
be provided to conform with departmental operating
requirements. All relocation claims presented by displacees
will be processed by the DEPARTMENT, but the actual
disbursement of monies shall be made by the AGENCY. As
may be assigned by the AGENCY. the DEPARTMENT will
C. Upon termination of this AGREEMENT as provided in
Section VI, the DEPARTMENT shall be paid by the AGENCY
for services rendered to the effective date of termination less
all payments previously made. No payment shall be made by
the AGENCY for any expense incurred or work done following
the effective date of termination unless authorized, in writing,
by the AGENCY.
"
...
D. Final payment of any balance due the DEPARTMENT 01
the ultimata gross reimbursable amount, prior to the effective
d ~ termination, will be made upon ascertainment of such
balè$ncø by the DEPARTMENT and certification thereof to the
AGENCY.
VI
COMMENCEMENT AND TERMINA110N OF
AGREEMENT
IV
NONDISCRIMINA TlON
The work Is of a continuing nature and will be in force as
of the date of this AGREEMENT. Either party may terminate
this AGREEMENT at any time upon not less than sixty (60)
days written notice to tha othar party with or without cause. The
AGREEMENT shall terminate three years from the date of
execution hereof unless otherwise terminated or unless
extended in writing signad by both partias.
The DEPARTMENT shall comply with RCW Chapter
49.60. With respect to the work to be performed by the
DEPARTMENT during the contract, the DEPARTMENT shall
not discriminate on the grounds. of race, color, sex, national
origin, marital status, age, or the presence of any sensory,
mantal, or physical handicap in the selection and retention of
agents, subcontractors, including procurement of services or
materials, or leases or equipment The DEPARTMENT shall
comply with TItle VI of the Civil Rights Act of 1974, USC
200Od-d4 and ralated statutes.
~ .
V
VENUE
In the event that any party deems it necessary to institute
egal action or proceedings to enforce any right or obligation
mdp' ""is AGREEMENT, the parties hereto agree that any
;uc .ion or proceeding shall be brought in a court of
:ompetentjurisdiction situated in Thurston County. Washington.
-.
I WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written.
GENCY
STATE OF WASHINGTON
DE? ARTMENT OF TRANSPORTATION
f:
By:
)T fco. "24.075
r 9193
....