Loading...
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. o or,'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 ....