Council PKT 04-21-1998 Special/Regular
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I
City of Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Ron Gintz, Mayor
Jeanne Burbidge Linda Kachmar
Jack Dovey Michael Park
Mary Gates Phil Watkins
CITY MANAGER
Kenneth E. Nyberg
Office of the City Clerk
I
City of Federal Way
City Council Meeting
AGENDA
CO UN CILMEMBERS
Ron Gintz, Mayor
Jeanne Burbidge Linda Kachmar
Jack Dovey Michael Park
Mary Gates Phil Watkins
CITY MANAGER
Kenneth E. Nyberg
Office of the City Clerk
I.
ll.
ID.
I.
ll,
ill,
a.
b.
IV. **
V.
a.
b,
c,
d.
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AGENDA
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
April 21, 1998
*****
Special Meeting - 5:30 p.m.
CALL MEETING TO ORDER
REGIONAL GOVERNANCE & FINANCE PROPOSAL
ADJOURNMENT
-
. - - ..
- 7=00 n.m.
CALL MEETING TO ORDERr-- 7:03 .pm
PLEDGE OF ALLEGIANCE,- Þt P
PRESENTATIONS
Youth Recognition Week Proclamation -' ÆvÙ kð. ÂVdftw.$
Economic Development Update -- ~.. Ca:ctuJ
CITIZEN COMMENT (3 minute limit per person)
CONSENT AGENDA
Minutes/April 7, 1998 Regular Meeting
Arts Commission Appointments
Council Bill #192/Parks & Recreation Commission Code Amendment/
Enactment Ordinance
Council Bill #193/CTR Code Amendment!Enactment Ordinance
Council Bill #194/Budget Carry Forward Adjustment/Enactment Ordinance
over please. . .
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VII.
VIII.
IX.
X.
Emergency Medical Services/Memorandum of Understanding
Neighborhood Traffic Safety Program
Speed Hump Criteria Modification
Park Mowers Bid Award
Wetland/Stream Inventory
Council Bill #184/Puget Sound Energy Franchise/Enactment Ordinance
& Memorandum of Understanding
Lakehaven/Dismissal & Withdrawal of Legal Actions
CITY COUNCIL BUSINESS
a.
b.
c.
So 340th St Regional Stormwater Facility
Belmor/SeaTac Storm water Facility Phase I
City Center Street Design Guidelines
CITY MANAGER REPORT
CITY COUNCIL REPORTS
EXECUTIVE SESSION
Pendin2/Potential Liti2ation/Pursuant to RCW 42.30. 110(1)(i)
Property AcQJ.1isition/Pursuant to RCW 42.30. 110(1)(b)
ADJOURNMENT
.. PLEASE COMPLETE PINK SLIP & PRESENT TO mE DEPUTY CITY CLERK PRIOR TO SPEAKING. Citizens may address the City
Council at this time. When recognized by the Mayor, please come forward to the podium, adjust microphone to proper height, and state your name
and address for the record. PLEASE LIMIT YOUR REMARKS TO mREE (3) MINUTES. Citizens may comment on individual agenda items at
timcs during any regularly schedule>d City Council meeting, 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.
DRAFT
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 7, 1998 - 7:00 p.m.
MINUTE S
I.
CALL MEETING TO ORDER
Mayor Gintz opened the regular meeting of the Federal Way City Council at the hour of
7:05 p.m., in Council Chambers, City Hall, Federal Way, Washington.
Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers
Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar, Phil Watkins.
City staff present: City Manager Kenneth E. Nyberg, City Attorney Londi Lindell, Deputy City
Clerk Bob Baker.
II.
PLEDGE OF ALLEGIANCE
Councilmember Watkins led the flag salute.
III.
PRESENTATIONS
a.
SPIRIT AwardIMonth of April
City Manager Nyberg presented the April SPIRIT Award to Police Support Officer Tom Robinson.
Mr. Robinson's nomination, in part, read as follows: Tom is an excellent example of someone who
exhibits each of the elements of SPIRIT. His service extends well beyond the work day and often
includes weekends. He understands his caseload and takes pride in the ownership thereof. He is
responsible and accountable for ensuring victims of crimes get quick and effective police service. He
has earned the trust and respect of each and every member of the criminal investigations division.
b.
Certificate of AppreciationlParks & Recreation Donation
Councilmember Dovey was proud to present a plaque to H. David Kaplan in recognition of his
contribution in the amount of$5,000.00 toward Celebration Park. Mr. Dovey expressed sincere
appreciation and extended thanks and praise to Mr. Kaplan.
Mr. Kaplan gave thanks for the public acknowledgment. He then delivered many thanks to the
different individuals and groups who have worked hard on this project and for remaining focused.
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 2
He thanked his late parents for instilling the value of volunteering in him. Finally, he encouraged all
to get involved and, if interested, make their mark on Celebration Park by purchasing one or more
of the items in the "catalog" which has been prepared to raise funds. The catalog contained hundreds
of items priced from $5.00 and up, to assist in the completion of the park.
Councilmember Kochrnar MOVED TO CONSIDER ITEM IV OUT OF SEQUENCE, AT THIS
TIME; second by Councilmember Burbidge. The motion carried as follows:
Burbidge
Gates
Kochrnar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
IV.
PUBLIC HEARING
Moratorium on Adult Entertainment & Retail Uses/Resolution
APPROVED RESOLUTION #98-270
a.
b.
c.
Staff Report
Citizen Comment
City Council DeliberationlResolution
Mayor Gintz opened the public hearing at 7:20 p.m. and stated the moratorium prohibits the
acceptance of applications for and the issuance of land use, building and development permits and
business licenses for adult entertainment establishments and adult retail uses. The moratorium is in
effect for 180 days and expires on August 16, 1998.
The mayor went on to explain the hearing process which will include a presentation by Greg Moore
and Londi Lindell. He stated Council would then hear public comment and then ask questions or seek
clarification and deliberate the issue. Council may adopt findings of fact to support continuation of
the moratorium or it may cancel the moratorium.
a.
STAFF REPORT
Kathy McClung, Deputy Director of Community Development Services, presented the history of the
moratorium; current zoning regulations and explained permitting requirements. She stated there are
six (6) legal, non-conforming businesses at this point. These business may not expand. She
concluded by giving the staff recommendation of continuing the moratorium through midnight,
August 16, 1998.
City Attorney Londi Lindell informed Council the City of Federal Way has the authority to consider
secondary effects of such businesses; (e.g., crime, property values, traffic, vandalism, moral values,
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 3
safety, etc.). These same effects were considered when working on the 4-Foot Rule in conjunction
with the adult entertainment ordinance; and said ordinance was upheld as constitutional. Council may
rely on studies from other entities when making the decision. Ms. Lindell also recommends
continuation of the moratorium in order that she may study the results of similar analysis from other
venues.
b.
CITIZEN COMMENT
Twenty Six (26) individuals spoke and the comments of seven (7) additional persons were read into
the record in favor of continuing the moratorium through August 16, 1998. No one spoke in
opposition to the continuation of the moratorium. Those who spoke were: Jim Hamilton, Gene
Loher, Randy Van Wagner, Dean Jackson, Craig Kessel, Lon Cole, Jody Putman, Gilbert Brown,
Marie Adair, David M. Holtz, Ron Walker, Mike McIntosh, Tim Fletcher, Lance Bilyeu, Buttons
Carioto, Ron Garceau, Anna Kessel, Joel Marks, Chris Lujan, Cindy Bennight, William Mooth,
Colleen Elkington, Mary Pena, Emmanuel Marroquin, Roy Wilson and Steve Watt.
Comments of the following persons were read into the record: Lynn Templeton, Theresa Crock,
Luanne Rogers, Ben Brozovich, Debra Coates, Dini Duclos, Elizabeth Madrid.
Refuting a claim by a citizen this evening, Councilmember Gates read a statement into the record: "As
Mayor of the City of Federal Way, in 1995, I led this council in creating the adult entertainment
ordinance and we did that with the understanding of very serious, negative, secondary effects. And,
I want you to know I support this Mayor and this Council in the extension of the moratorium passed
by the Council for the superstore issue. Frankly, I really resent however, any inference that I would
encourage anything like a superstore of this type and its secondary effects to give Federal Way sex
appeal; and I find that suggestion patently ridiculous."
Councilmember Dovey spoke of the location as it relates to distance ITom schools, parks, churches,
residences, etc. He'd like information on economic impact. He applauds everyone for the moral
issue of this establishment and really wants to evaluate economic impact and the safety for our
children as well as the traffic issues.
Having no additional comments to be considered ITom the public and no other questions from
Council, Mayor Gintz closed the public hearing at 8:30 p.m.
c.
COUNCIL DELIBERATION/RESOLUTION
Councilmember Watkins MOVED TO ADOPT THE FINDINGS OF FACT AND CONTINUE THE
MORATORIUM THROUGH MIDNIGHT, AUGUST 16, 1998; second by Councilmember Dovey.
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 4
Councilmember Watkins stated more time is needed to review the item at hand.
Councilmember Gates was pleased citizens brought additional reading information forward for
Council and staff.
Councilmember Park stated that as a small business owner he has been a victim of the secondary
effects of prostitution near his worksite. And, as a parent, he wants a safe, livable environment for
his children.
Councilmember Kochmar was pleased with the community turnout. She reminded the crowd we are
trying to become a pedestrian-mendly community as well as visually pleasing. She stated all people
should have a feeling of safety when walking through our community.
Councilmember Burbidge is in support of extending the moratorium.
Finally, Mayor Gintz held up the current issue of TIME Magazine (dated April 6, 1998). He pointed
out the two-year old boy on the cover of the magazine, dressed in military fatigues and holding a
military rifle is the same little boy who nine (9) years later, (last week), along with a friend, murdered
5 people in Jonesboro, Arkansas. He stated this is an example of secondary effects. He believes there
is definitely an argument for secondary effects. He is horrified when he thinks of Truman High
School and stated without a doubt, there are kids who are 18, 19 and 20 years old, who will buy
products from this store and share them with the younger kids at Truman.
.'
He stated we are looking for a pedestrian-mendly downtown core. The Mayor also stated we are
taking a stand effectively and legally in Federal Way.
Mayor Gintz took a vote on the main motion to adopt the findings offact and extend the moratorium.
It carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
v.
CITIZEN COMMENT
Marie Adair asked the Council to abandon the assumption efforts of Lake haven Utility District and
not appeal the decision of the Boundary Review Board.
Dale Sain, Chairman of the Celebration Park Action Committee, later changed to Community Parks
Action Committee, gave a brief history of the committee and announced its disbandment. Through
fundraisers and donations over the years, the Committee has some monies left over and he'd like to
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 5
give it to the Celebration Park Fundraiser. He presented just over $5,300.00. Councilmember Dovey
stated he was happy to receive the donation on behalf of the City. He is thankful for the money and
the people who take the time to improve the quality oflife in Federal Way.
Cindy Bennight spoke about Wedgewood Park. She has worked with the City since 1995 and stated
the project was approved by the Parks Commission and passed to the Parks Committee. It was to
be built pending funding. She reminded Council that if monies are available in the budget, to keep
the park in mind.
Jeannie Van Vleet, Applewood Annexation Chair, informed Council the neighbors of Applewood are
withdrawing their 10% application for annexation. Timing, zoning, lackofanEIS from WSDOT and
DDES and non-decision were sited as reasons why the petition was being withdrawn.
Dorothy Ascheman spoke concerning the corner of312th and the left hand turns into the QFC; which,
in her opinion, is causing havoc. Speeding and improper use of the left turn lanes are just some of
the items causing problems. She said this item needs addressed and must be dealt with.
Lawrence Wilson spoke concerning the corner of312th. He became aware ofa traffic safety meeting
at Mirror Lake of two weeks ago wherein he was advised of another accident at the intersection of
14th & 312th. He gave statistics of accidents which have taken place at that intersection. He stated
law enforcement is not adequate to cover all of Federal Way. He asked why multiple officers assist
at incidents where only one or two are necessary. He's interested in strict enforcement of laws.
Chris Lujan also spoke of trouble with this intersection. She lives near there and stated since Pavilion
Centre went in, traffic in that area has increased. One of her daughter's friends was hit in that
intersection. People are not seeing the pedestrian crossing signs and are not stopping. She, too, met
March 19 at Mirror Lake school to discuss this issue. She got a petition and 300 signatures in
support of seeing improvements in this area; including, a self-activated flasher where pedestrians push
a button and the flasher is activated thus alerting drivers to stop allowing pedestrians to cross.
Mel Godina also spoke out of concern with this area. Mr. Godina also attended the neighborhood
traffic safety meeting. He, too, would like to see increased enforcement and lights at the crosswalk.
Lance Bilyeu has been a victim of an auto accident at the QFC entry intersection. It is a real problem
and he's seen other accidents there as well. He stated the intersection of312th & 14th Ave. is also a
problem. He said the neighborhood traffic safety meeting was very informative. He stated some
interim steps to correct this issue could be taken, until the right answer is found for the ingress and
egress ofQFC. He has not seen a lot of police activity on 312th and would like to see that increased.
Cary Roe, Director of Public Works, addressed this issue with Council. He has been involved in
ongoing conversations with the Pavilion Centre on the South Side of312th as well as Albertsons and
the complex on the north side of312th. Mr. Roe's department has come up with two options for this
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 6
area. One would involved expanding the 312th project on the west side of Highway 99, creating a
double, left-hand turn lane going east bound 312th to northbound SR 99 and also creating a right-hand
turn lane in addition to the lane that currently exists. He is asking businesses to assist in the financial
costs of this project. The answers are yet forthcoming. Secondly, c-curb could be put in place. This
would address the left-hand turn restrictions he's heard about this evening.
Addressing the intersection of 3121b & 14th, Mr. Roe stated there is a hood crossing there today,
signed in the east and west direction, with no flashers currently. He would be in favor of placing
larger signs and flagging on the signs. This would be a temporary measure until an actuated
pedestrian crossing could be proposed to the Land UselTransportation Committee. Once their
approval is received and funding is in place, the City could proceed to the next step.
Bob Kellogg spoke regarding Wedgewood Park. He echoed the thoughts of Cindy Bennight. He
asked the Council to remember the park when considering the next budget.
Council member Gates MOVED TO ADD A COUNCIL BUSINESS SECTION TO CONSIDER
THE OFFICIAL DATE OF BEGINNING OUR SISTER CITY AFFILIATION; second by
Councilmember Park. The motion carried as follows:
VI.
J.
k.
1.
m.
n.
o.
Burbidge
Gates
Kochmar
Watkins
Dovey
Gintz
Park
yes
yes
yes
yes
yes
yes
yes
CONSENT AGENDA
a.
b.
c.
d.
MinuteslMarch 17. 1998 Regular Meeting
Voucher/April 7. 1998
Monthly Financial ReportlFebruaty 1998
Regional Needs Assessment!Green-Duwamish Watershed Cost Sharing
So 340th St RSF 30% Design Report
1998 RFB for Vacuum/Jet Rodding Services
Neighborhood Traffic Safety Program/Speed Humps
Myers Master Lawn Care Amendment
Purchase of Mowers
Commute Trip Reduction (CTR) Professional Services AgreementlKC-METRO
Interlocal Agreement for Grant FundinglKC-METRO
Use of Council Human Services Priorities in Allocating Funding
Use of Replacement ReserveslUpgrade Printers & Fax Machine
Financial Software Upgrade
Arts Commission Appointments
"
e.
f
g.
h.
1.
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 7
p.
q.
All Day Rental Rate for Knutzen Familv Theatre
Centerstage Arts Conservatory Proposal
Mayor Gintz pulled item G.
Councilmember Dovey pulled item P.
Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D, E, F,
H, I, J, K, L, M, 0 AND Q AS PRESENTED; second by Deputy Mayor Park. The motion carried
as follows:
Burbidge
Gates
Kochmar
Watkins
abstained
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Item G:
Neighborhood Traffic Safetv Program/Speed Humps
Item pulled by Mayor Gintz for citizen comment.
Mary LeProwe spoke about the speed humps being installed near the area she resides (near 332nd.).
She is opposed the currently-adopted process and criteria for their installation. For medical reasons
in her family, traffic humps are particularly inconvenient and cause considerable pain. There are other
alternatives to slow the traffic. She suggested the City start with increased enforcement, traffic circles
and increased enforcement.
Dick Billington spoke about the speed humps in the area of 35th and 332nd. He stated his
understanding as it relates to the installation criteria thereof Near his home, the humps cause trouble.
People who are driving get made and honk their horns during the evening; others speed over them
without regard to their vehicles; while yet others don't even slow down. He believes the neighbors
in an area to receive speed humps should have more of a say when they are being considered. Safety
is an extreme factor in this situation.
Dale Spratt stated these are bumps, not humps. We have good criteria which was established and
most are good; but are not usually being adhered to by those responsible when deciding to install the
humps. He spoke of his dissatisfaction with the recent installation of speed humps on 35th and
believes we have a speeding/attitude problem in Federal Way which must be addressed. Perhaps
more officers should be devoted to traffic patrol.
Robert Dahl commended the Council for being good listeners. He commended staff for the same
reason and thanked everyone for the ability to come and speak. He is also opposed to speed humps
in the Twin Lakes area. He has signed a petition against the proposed humps on SW 323fd, 35th Ave
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 8
SW (existing) and proposed humps at SW 338th. The humps are not going to stop the speeding. He
stated more enforcement is needed.
Councilmember Gintz noted the speed humps on 35th were put in place in response to citizens after
a fatality in that area.
Councilmember Dovey stated this has been a long process to get the humps installed on 18th Ave. So.
Re and his fellow Public Safety Committee members are of the opinion 6 speed humps should be
installed versus the 5 which were approved previously at the Committee level.
Councilmember Gates doesn't like speed humps as they are invasive. She will support this because
she supports the process; but the concerns raised this evening tell us one size does not fit all in terms
of traffic calming. Perhaps the City may even look at proposed requirements for speed hump
removal.
Councilmember Watkins concurs with Councilmember Gates. He referred to this as a flawed band-
aid, but stated it's the best we have right now. Speeding is an issue and if you observe the limit, you
are conscience of the rate of speed around you as well as the rage of those who can't believe you are.
Councilmember Kochmar fully supports the humps on 18th Ave. So., but the 6th speed hump doesn't
meet the criteria because the people within the apartment building weren't responsive.
Councilmember Dovey urges Council to vote for the 6th hump.
Councilmember Dovey MOVED APPROVAL OF ITEM G, WITH THE ADDITION OF 1 SPEED
HUMP; FOR A TOTAL OF 6; second by Councilmember Gates. The motion carried as follows:
Burbidge
Gates
Kachmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Councilmember Watkins MOVED TO SUSPEND COUNCIL RULES AND FIX THE TIME AT
WIllCH TO ADJOURN TO 11 :00 P.M.; second by Councilmember Gates. The motion carried as
follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Mayor Gintz recessed the regular meeting at 9:58 p.m.
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 9
The meeting was reconvened at 10:05 p.m.
Item P:
All Day Rental Rate for Knutzen Family Theatre
Councilmember Dovey pulled the item for clarification. He then MOVED APPRO V AL OF ITEM
P AS PRESENTED; second by Councilmember Gates. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
VI.
ORDINANCES
a.
Council Bill #192lParks & Recreation Commission Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE PROVISIONS RELATIN G TO PARKS AND
RECREATION COMMISSION MEMBERSIllP. (AMENDING ORDINANCE
NO'S. 91-93, 93-186 AND 96-280).
Deputy City Clerk Bob Baker read Council Bill #192 as presented. Councilmember Watkins
MOVED TO FORWARD COUNCIL BILL #192 TO SECOND READINGIENACTMENT ON
APRIL 21, 1998; second by Councilmember Deputy Mayor Park.
Citizen comment received from H. David Kaplan who asked for clarification regarding alternates and
term limits of the commission members. His concerns will be addressed by the Law Department
before second reading/enactment.
Mayor Gintz conducted a vote on the motion which carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
b.
Council Bill #193/CTR Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER
SECTIONS 15-200, -201, -202, -205, -206, -208, -209, -210 AND -213
REGARDING THE CITY'S COMMUTE TRIP REDUCTION (CTR) PLAN.
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 10
Deputy City Clerk Bob Baker read Council Bill #193 as presented. Councilmember Watkins
MOVED TO FORWARD COUNCIL BILL #193 TO SECOND READING ON APRIL 21, 1998;
second by Deputy Mayor Park. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
c.
Council Bill #194lBudget Carrv Forward Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE
1997-98 BIENNIAL BUDGET (AMENDS ORDINANCES 96-278, 96-289, 97-294
AND 97-304).
Deputy City Clerk Bob Baker read Council Bill #194 as presented. Councilmember Gates MOVED
TO FORWARD COUNCIL BILL #194 TO SECOND READING ON APRIL 21, 1998; second by
Councilmember Dovey.
Citizen comment received from H. David Kaplan. He spoke regarding the carry-forward budget. He
sought funds from the City Manager's contingency fund for the development of Wedge wood Park.
He stated the people connected to the project have been very patient since its master plan was
developed/approved. Another $60K to $80K is necessary to complete the park with either a gravel
or pavement pad.
Councilmember Watkins suggested a more appropriate place to take capital money from is the
OpportunitylBond Fund which is unallocated at this time.
Further discussion ensued.
Mayor Gintz took a vote on the motion which carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 11
VIII.
COUNCIL BUSINESS
Sister City Association Commencement Date
Councilmember Gates stated the English and Japanese versions of the 1993 sister city agreement
provide different dates for the beginning of the affiliation. The Japanese version sets the date at
August 1, 1993, and the English version uses the date February 17, 1993; thus, creating some
confusion.
Councilmember Gates MOVED TO SET THE INCEPTION DATE OF THE FEDERAL
WAY/HACIllNOHE SISTER CITY RELATIONSHIP TO AUGUST 1, 1993; second by
Councilmember Watkins. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
IX.
CITY MANAGER REPORT
Mr. Nyberg outlined the results of an April 7, 1998, Public Safety Department Start-Up Summary.
He concluded the report by stating the Police Chief, his staff and department deserve the highest of
commendations for all of the accomplishments made in such short time. All City departments have
worked hard and continue to do so to ensure these achievements and community policing occur. It
is with the continued support shown by the Council and community, through a combined total
commitment to work together for a safer Federal Way, that the true community policing can be
achieved.
Mr. Nyberg also reported the need for an approximate :30 minute executive session, with no action
being anticipated.
x.
CITY COUNCIL REPORTS
Councilmember Dovey reported the next Parks, Recreation, Public Safety and Human Services
Committee meeting is scheduled on April 13, 1998.
Councilmember Watkins noted the next Land Use/Transportation Committee meeting is scheduled
for April 20, 1998.
Council member Burbidge reported she did not vote on the consent agenda due to her board
membership with Centerstage.
CITY COUNCIL MEETING MINUTES
April 7, 1998 - Page 12
Councilmember Gates noted the April 28 FinanceÆconomic Development meeting had been
rescheduled to April 21 at noon. Further she announced the need for an April 21, 5:30 p.m. meeting
to discuss Regional Governance and Finance issues. Finally, she noted an April 30 Budget Retreat
meeting.
Councilmember Kochmar had no report.
Deputy Mayor Park reported on regional issues. He noted he'll attend the A WC Large-City
Committee meeting on Tuesday the 14th of April.
Mayor Gintz reported he'll attend a South King County Mayors Association Meeting tomorrow.
At 10:49 p.m., Councilmember Watkins MOVED TO SUSPEND COUNCIL RULES TO WORK
BEYOND 11:00 P.M.; second by Councilmember Gates. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
At 10:50 p.m., Mayor Gintz recessed the regular session for Council to convene executive session.
X.
EXECUTIVE SESSION
LitigationlPursuant to RCW 42.30.110(1 )(i)
At 11: 18 p.m., Mayor Gintz reconvened the regular meeting. No action occurred.
XI.
ADJOURNMENT
Having no other business to come before the Council, Mayor Gintz adjourned the regular meeting
at 11:18 p.m.
Robert H. Baker
Deputy City Clerk
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CATEGORY: BUDGET IMPACT:
MEETING DATE: April 21, 1998
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""".."""""""""""""""""""""""""""""
ATTACHMENTS: None
"""""""""""""""""""""""""".""""""'""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'"."""""""""""""""""""""""""""
SUMMARYIBACKGROUND: On April 14, 1998, a committee comprised of Chair Gates, Deputy Mayor Park and
Councilmembers Burbidge, Dovey and Kochmar interviewed applicants for four vacancies and two alternate positions on
the city's Arts Commission. Their recommendations will be approved by full Council on April 21, 1998.
""""""""""""""""""""""""""""'"""""""""""""""""""""""""""""""'"""""""""""""""""""""""""""'"""""""""""""""""""""""""""".,...........
CITY COUNOL COMMITTEE RECOMMENDATION: Approve the appointments of Peggy LaPorte,
Krista White, Lawrence Cater and Allan Smith to 3-year terms on the Arts Commission; and approve the
3-year appointments of Bonnie Graves (1st alternate) and Jacqueline Peterson (2nd alternate).
"""""""""""""""""""""""""""""""""""'"""""""""""""""""""""""""""""""'""""""""""""""""""""""""""""""""""""""""""""'.....................
OTY MANAGER RECOMMENDATION: To approve the appointments to the Arts Commission as
~~~ :==~~~:~.~~. ~~~~~il: m m'.m m /fJ¡å ~ m m
APPROVED FOR INCLUSION IN COUNCIL P ACKET:-1i!i)
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNOL ACfION:
_APPROVED
_DENIED
- T ABLEDIDEFERRED/NO ACfION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-S/14/96
MEETING DATE: April 21, 1998
ITEM# :JL ~~)
.......................................................................................................................................................................................................
.............................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Parks and Recreation Commission Ordinance
...................................................................................................................................."..................................................................
...........................,................
CATEGORY:
BUDGET IMPACT:
X CONSENT
X ORDINANCE
_BUSINESS
_HEARING
FYI
_RESOLUTION
STAFF REPORT
- PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
""""""""""""""""""""""""""""""""""""""""""""""""""'".............................................................................................................................................
ATTACHMENTS: Draft ordinance
""""""""""""""""""""""""""""""""""""""""""".""""""""""""""""""""""'."".'.........................................................................................................
SUMMARYIBACKGROUND: On April 7, fIrst reading of the Parks and Recreation Commission revised ordinance was
reviewed by Council. Council directed staff to amend the ordinance to clarify that additional appointment(s) above nine members
will be filled by altemate(s) members, the method for detennining how the membership would be reduced and what constitutes a
... ~~~. .~~. f<?~.~~.PE?~~~9.~.!~. È.~.~P.P..~~~. ~~!!:?~~!~~.~.l'y':..~~. ~~..?~~~~.~!!I...~~~.~.~~~g~.~~~~.~~.<?~.~~. ~~~~.~~~:.....................................
CITY COUNCIL COMMITTEE RECOMMENDATION:
.......................................................................................................................................................................................................
.............................................
... ~~~~~~~s: :..~:. t:~~~~~.;;;'~~I;~~ ~e~ ~~
~
APPROVED FOR INCLUSION IN COUNCIL PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACfION:
_APPROVED
DENIED
_TABLEDIDEFERREDINO ACfION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I c¡ d<..
0/7/ c¡ P
[Jœ&~u
ORDIBANCB 110.
L. I\1;~qg
U ORDIBANCB OF HB CITY COmTCIL OF THE CITY OF
PBDBRAL ny, WASHINGTON, AHBNDING HE PROVISIONS
RELATING TO PAlUtS AND RECREATION COMMISSION
HBIIBBRSHIP. (AKBNDING ORDINANCE WMBERS 91-93, 93-
186 and 96-280).
WHEREAS, the Federal Way City Council recognizes that
parks and recreation are vital to the community's quality of life,
important in attracting visitors and tourists, valuable as a source
of commerce and industry, and desired by businesses considering
location in the City; and
WHEREAS, by Ordinance No. 91-93 the Federal Way City
Council created a parks and recreation commission (the "commission")
as amended by Ordinance Numbers 93-186 and 96-280 and;
WHEREAS, the Federal Way city council set membership in
the commission at nine members and the City Council has utilized
nine voting members and two alternate non-voting members and;
WHEREAS,
a need exists to allow membership
in the
commission to consist of at least nine members and up to eleven
members in order to provide the Federal Way City council with
flexibility in meeting work plan goals and;
WHEREAS, the commission desires to increase participation
in commission membership by limiting the terms of service to three
consecutive three-year terms; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section I.
Amendment.
The Federal Way city Code ("FWCC")
ORD #
, PAGE 1
shall be amended as follows:
FWCC section 11-27
shall be amended as
follows:
Sec.
11-27.
Membership.
(a) The parks and recreation commission shall consist of At
least nine members and may consist of up to eleven members
appoihted by the city co\1hcil by appointinc¡ the alternate(s) as a
member or members.
The city council shall determine upon the
expiration of any member's term if a need exists to appoint more
than nine members to the commission.
(b) The parks and recreation commission shall serve without
compensation.
(c) Each member shall serve a term of three years.
Members
shall serve no more than three consecutive terms upon council
appointment, whether servinc¡ all or any portion of any term, and
this provision shall be applied retroactively.
The city council
shall annually appoint new members to fill the expiring terms on
the parks and recreation commission.
If, for any reason, a vacancy
occurs during the term of a parks and recreation commission member,
the city council shall appoint a new member to fill the unexpired
term of that member.
The city council may remove a parks and
recreation commission member at any time if the city council
determines
that
member
is
not
fulfilling
his
or
her
responsibilities to the satisfaction of the city council.
All
members of the parks and recreation commission shall serve until
their successors are duly appointed by the city council.
(d) Persons appointed to serve on the commission shall reside
ORD #
, PAGE 2
within the corporate limits of the city during the members' terms.
(e) To the extent practicable, appointments shall reflect the
diversity of all recreational needs of the city.
section 2.
severability.
The provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 3.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section <I.
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
, 1998.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ORD #
, PAGE J
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\
ORD II
, PAGE 4
"
MEETING DATE: April 2J 1998
ITEM# ~ (f 1 -
"""""""""""""""""""""""""""'"................................................................................................................"""""""""""".................................,....."......
....
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT:
COMMUTE TRIP REDUCTION (CTR) CODE AMENDMENT
............................................................................................................""""""""""".""""""""""""""'"...............................................................
...................
CATEGORY:
X CONSENT
X ORDINANCE
BUSINESS
HEARIN G
FYI
BUDGET IMP ACT:
RESOLUTION
STAFF REPORT
PROCLAMA TION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.......................................................................................................................................................................................................
.............................................
A TT ACHMENTS: CTR Ordinance and March 16, ] 998, Memorandum to Land Userrransp0I1ation Committee
.......................................................................................................................................................................................................
.............................................
SUMMARY /BACKGROUND: At the March 16, ] 998 Land UseffranspOJ1ation Committee meeting, staff presented the revised
stale CTR Iml s and requested the Committee authorize the Law Department to draft the city's Commute Trip Reduction (CTR)
Ordmancc to be COINstent II Ith state ClR lall s (See attached memorandum to the Land Userrransp0l1ation Committee dated March
I (J. 199X)
""""""""""""""""""""
................... ...........................................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: At the March 16, 1998, Land Userrransportation Committee
meeting, the Committee unanimous]y authorized the Law DepaI1ment to revise the City's CTR Ordinance to be consistent with state
laws and forwarded to full City Council for approval
.. ~I';~" ~.~~.~ ~ ~.~. ~~ ~~.~~. ~ ~~¡;~ ~ ~.;..... 'Ä'À~"~uj" ;d.~";~~ '~'~"~~~~;."¡¡ï;/i9""""" ............ .........
. ¡;;~~ ~~~. ~~ ~.J~ ~ ~ ~~I ~.~..; ~..~~ ~ ~~J ~ .;~ ~~~;,'. Qi....................... ¡~.. à k~,................... ........... ...
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
bcouncihagdbiIIs 199X
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
19-~
4-7-1,'1
_APPROVED
DENIED
TABLEDIDEFERRED/NO ACTION
"iIlV!
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
March 11, 1998
TO:
Phil Watkins, Chair
Land Use / Transportation Committee
Richard A. Perez, City Traffic Engineer æ
FROM:
SUBJECT:
1) Revisions to tlte Commute Trip Reduction (CTR) Ordinance
2) Commute Trip Reduction (CTR) Incentive Program
3) Interlocal Agreement and CTR Professional Services Agreement
M A A ~.
Background:
Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 legislature
and incorporated into the Washington Clean Air Act as RCW 70.94.527. Its intent is to improve
air quality, reduce gasoline consumption and traffic congestion through employer-based programs
by encouraging the use of alternatives to single occupant vehicle (SOY) for the commute trip.
The law requires major employers public or private that employs one hundred (100) or more full
time employees to develop and implement a commute trip reduction plan.
In 1997, the legislature passed amendments to the law which changed the SOY and vehicle miles
traveled (VMT) reduction goals from 25 percent to 20 percent in 1997, 35 percent to 25 percent
in 1999, and extended the program and established a 35 percent reduction goal in 2005.
Additionally, the amendments:
.
Specify that employers are required to make good faith effort to implement CTR at their
worksites; and
.
Clarify that failure to achieve the SOY and VMT reductions is not a violation.
In addition to the amendments above, the CTR Task Force Guidelines which provide local
jurisdictions and employers with direction to implement their program were also revised. These
revised guidelines supersede the Task Force guidelines issued in 1992.
CTR Ordinance Revisions:
State law requires that the CTR ordinance of local jurisdiction be consistent with the CTR law
and guidelines. The purpose of the ordinance revisions is to incorporate the changes in CTR law
and Task Force guidelines into the City existing CTR ordinance. Staff is requesting direction to
incorporate the revisions to the CTR Ordinance for full council review on April 7, 1998.
CTR Incentive Program:
The City of Federal Way 1997 survey results (see Table 1) indicated that 7% SOV reduction
progress was made from 1995. This SOV reduction was due largely to the $30,000 incentive
program approved by the council in 1996 for the City affected sites. Currently, the incentive
program is funded via the City's CTR "reserve" funds (state allocated CTR funds that remain
after the Metro contract) and a matching grant from Metro. These funds are allocated to each
affected worksite based on the number of affected employees. Employers are allowed to select
the Incentive Programs that they determine would best help them reach their CTR goals.
Table 1. City of Federal Way
I I I
Site Surv~.' [ SOP' Goal I Met Goal I % from Progress
SOV (Credit) goal from
results I ] ]
~ ?revious.vear
Orion industries 19 64 Yes ...... 27%
(Yes)
Weyerhaeuser Technical Center 66 64 No 3% - 15%
Weyerhaeuser Campus Center 70 64 No 9% -16%
Weyerhaeuser Park Center II 72 64 No 13% - 16%
USAA 72 64 No 13%
Weyerhaeuser West Campus 75 64 No ~ 17% -9%
Weyerhaeuser Corporate Headquarter 76 64 No ~ 19% -10%
World Vision 80 72 No I 11% 1 st meas.
Saint Francis Hospital 82 64 No ~ 28% -7%
T
City of l.'ederal Way 88 64 No ~ 38% ~ 1%
United State Government Postal 91 64 No , 42% ~ 14%
Se~wices
I
Rehancc Insurance Eompany 92 64 No 44% 8%
Averages Totals: ~ 74 ~ ~ ~ -7%
Note: negative percentages indicate a decrease itt SOl' use
The City of Federal Way current drive alone rate is 88% which falls short of its 1997 goal of 64%.
As required by state law, the City will be required to take additional actions to reduce its
employee's drive alone commuting Staff will be proposing an enhanced incentive program to
meet this requirement at a future date.
'\",
Some employers such as Weyerhaeuser and Orion Industries have already exhausted their portion
of the $30,000 incentive program allocation. The other affected work sites including City of
Federal Way are expected to use up the remaining $3,500 by the end of March of this year. To
further enhance SOV reduction in the City of Federal Way, staff recommends continuing using
CTR "reserve" funds for incentive programs to all affected employers in Federal Way.
lnterlocal Agreement and Professional Services Agr<eement:
The CTR Program requires an interlocal agreement (ILA) with King County Metro. The purpose
of the agreement is to allocate to the City its proportionate share of the State technical assistance
funding for implementing commute trip reduction plans.
The City of Federal Way currently has twelve (12) employers affected by the CTR law (City of
Federal Way, Orion Industrial, Reliance Insurance Company, Saint Francis Hospital, United State
Government Postal Services, USAA, World Vision, and Weyerhaeuser Company sites). In order
to comply with the state CTR law and ensure consistency and fairness in its administration, the
City entered into an Interlocal Agreement and a professional services agreement with King
County Metro. Staff recommends renewal of these agreements as the existing agreements have
expired, The purpose of the professional services agreement with Metro is to delegate
implementation of the Commute Trip Reduction act. The delegated tasks include the following:
1.
II,
Work Activities Required Under Local Ordinances
A.
B.
C.
D.
E.
F,
Notification of new sites
Survey (Goal measurement sites)
Implementation monitoring
Program Review
Records Maintenance
Exemptions & Modifications
Work Activities Not Required Under Local Ordinance
A.
B.
Program Development
Program implementation
1. Assist sites with new program elements
2. Assist network groups with joint CTR promotion and ride
matching
Provide training to new Employees Transportation Coordinator (ETC)
and conduct ETC orientation
Respond to employer requests and troubleshoot site problems
c.
0
..
.'
, \- ,....,..,'",
The professional services agreement is totally funded by state CTR grants, and the amounts vary
based upon the number of affected employers within the City. Based on the 12 affected sites, the
City of Federal Way will receive a total of$26,193 in 1998, of which $23,669 would be
contracted with Metro.
Recommendation:
Staff is requesting the Land Use/ Transportation Committee (LUTC) authorize revisions to the
city's Commute Trip Reduction (CTR) Ordinance to be consistent with state laws. In addition,
staff recommends approval of the lnterlocal Agreement and professional services agreement with
King County Metro and forward to the April 7, 1998 City Council agenda.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, .AMENDING FEDERAL WAY CITY
CODE CHAPTER SECTIONS 15-200,-201,-202,-205,-206,-
208,-209,-210,AND -213 REGARDING THE CITY'S COMMUTE
TRIP REDUCTION (CTR) PLAN.
WHEREAS, the Federal Way City Council adopted an ordinance on
January 19, 1993 creating a new chapter of the Federal Way City
Code entitled ~CTR Regulations."
WHEREAS, the Federal Way City Council found that a plan to
reduce single-occupant vehicle commute trips was required by RCW
70.94.521-551,
RCW 36. 70A. 070 [6e],
and the CTR Task Force and
promoted the public health, safety, and general welfare within the
city of Federal Way and the Region;
WHEREAS, the ordinance was designated as Article VII, Sections
15-200 - 15-213 in the Federal Way City Code; and
WHEREAS,
the
Federal
Way
City
Council
recognized
the
importance of increasing individual citizens'
awareness of air
quality,
energy
consumption,
and
traffic
congestion
and
the
contribution individual actions can make toward addressing these
issues; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Arnendmen t .
The Federal Way City Code ("FWCC")
shall be amended as follows:
A.
Definitions.
FWCC Section 15-200 shall be amended as follows:
For the purpose of this article and unless the context clearly
requires
meanings:
( 1 )
(2 )
(3)
otherwise,
following
terms
have
the
following
the
"Affected Employee" means a full-time employee who is
scheduled to begin his or her regular work day at a
single
6:00
a.m.
worksite
between
and
9:00
a.m.
(inclusive) on two or more weekdays per week for at least
twelve continuous months.
For the purposes of this
chapter,
shareholders, principles and associates in a
corporation,
limi ted)
a
in
(general
partners
or
partnership and participants in a joint venture are to be
considered employees.
"Affected Employer" means a public or private employer
that, for twelve continuous months, employs 100 or more
full-time
employees
are
single
worksite
at
who
a
scheduled to begin their regular work day between 6:00
a.m. and 9:00 a.m. (inclusive) on two or more weekdays.
The
individual
during
year.
employees
the
may vary
Construction worksites, when the expected duration of the
construction is less than two years, are excluded from
this definition.
"Alternative
Mode"
any
of
type
commute
means
transportation
than
the
that
in
which
other
2
(9 )
single-occupant motor vehicle
the
dominan t mode,
is
including telecommuting and compressed work weeks if they
result in reducing commute trips.
(4)
"Alternative Work
as
Schedules"
such
means
programs
compressed work weeks
that eliminate work trips
for
affected employees.
(5 )
"Base Year" means
1992,
the period from January
1,
through December 31,
1992, on which goals for vehicle
miles
traveled
(VMT)
per employee and proportion of
single-occupant vehicle (SOV) trips shall be based.
( 6)
"City" means the City of Federal Way.
(7)
"Commute Trips" means trips made from a worker's home to
a worksite with a regularly scheduled arrival time of
6:00 a.m. to 9:00 a.m.
(inclusive) on weekdays.
(8 )
"CTR Plan" means the City of Federal Way's plan as set
forth in this article to regulate and administer the CTR
programs of affected employers within its jurisdiction.
"CTR Program" means an employer's strategies to reduce
affected employees' SOy use and VMT per employee.
( 10) "CTR Zone" means an area,
such as a census tract or
combination of census tracts, within the City of Federal
Way
characterized
densi ty,
similar
by
employment
population density,
level of transit service,
parking
availability,
high
to
occupancy
vehicle
access
3
facilities,
and other factors that are determined to
affect the level of SOV commuting.
(11) "Compressed
Work
Week"
means
an
alternative
work
schedule,
in
accordance
with
employer
policy,
that
regularly allows a full-time employee to eliminate at
least one work day every two weeks by working longer
hours
during the remaining days,
resul ting in fewer
commute
trips by the employee.
This
defini tion is
primarily
intended
to
include
weekly
and
bi-weekly
arrangements, the most typical being four la-hour days or
80
hours
in nine
days,
but may also
include
other
arrangements.
Compressed work weeks are understood to be
an ongoing arrangement.
"
(12) "Dominant Mode" means the mode of travel used for the
greatest distance of a commute trip.
(13) "Employee" means anyone who receives financial or other
remuneration
in
exchange
for
work
provided
to
an
employer, including owners or partners of the employer.
(14) "Employer" means
a sole proprietorship,
partnership,
corporation,
unincorporated association,
cooperative,
joint venture,
agency,
department,
district or other
indi vidual or entity,
whether public,
non-profit,
or
private, that employs workers.
(15) "Flex-Time" is an employer policy allowing individual
4
employees some flexibility in choosing the time, but not
the number, of their working hours to facilitate the use
of alternative modes.
(16) "Full-Time
Employee"
means
a
person
other
than
an
independent contractor, scheduled to be
employed on a
continuous basis for 52 weeks per year for an average of
at least 35 hours per week.
llll ~Good Faith Effort" means that an employer has met the
minimum requirements
identified in Raw 70.94.531 and this
ordinance and is working collaboratively with
the Ci ty to
continue its existing CTR program or is developing and implementing
program modifications likely to result in improvements to
its CTR orogram over an
agreed upon length of time.
(18) "Implementation" means active pursuit by an employer of
the CTR goals of RCW 70.94.521-551 and this chapter as
evidenced by appointment of a transportation coordinator,
distribution
of
information
to
employees
regarding
alternatives to SOY commuting, and commencement of other
measures according to their CTR program and schedule.
(19) "Mode"
means
the
type
of
transportation
used
by
employees,
such
as
single-occupant
motor
vehicle,
rideshare vehicle
(carpool,
vanpool) ,
transit,
ferry,
bicycle, and walking.
(20) "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m.
5
(inclusive) ,
Monday
through
Friday,
except
legal
holidays.
(21) "Peak Period Trip" means any employee trip that delivers
the employee to begin his or her regular workday between
6:00
a.m.
and 9 : 00
a.m.
(inclusive),
Monday through
Friday, except legal holidays.
(22) "Proportion of Single-Occupant Vehicle Trips" or "sov
Rate" means the number of commute trips over a set period
made by affected employees in SaYs divided by the number
of affected employees working during that period.
(23) "Single-Occupant Vehicle (SOV)" means a motor vehicle
occupied by one employee for commute purposes, including
a motorcycle.
(24) "Single-Occupant Vehicle (SOY) Trips" means trips made by
affected employees in Says.
(25) "Single Worksite" means a building or group of buildings
on physically contiguous parcels of land or on parcels
separated
solely
by
private
or
public
roadways
or
rights-of-way occupied by one or more affected employers.
(26) "Telecommuting" means the use of telephones, computers,
or other similar technology to permit an employee to work
from home, eliminating a commute trip, or to work from a
work place closer to home, reducing the distance traveled
in a commute trip by at least half.
..
6
J22l ~Tran~ortation nøm~nd ~nagement (~)H means a broad
range of
strategies that are primarily intended to reduce and
reshape demand on the
tran~ortation system.
(28) "Transportation Management Association
(TMA)" means a
group of employers or an association representing a group
of employers in a defined geographic area.
A TMA may
represent employers within specific city limits, or may
have a sphere of influence that extends beyond city
limits.
(29) "Vehicle Miles Traveled (VMT) Per Employee" means the sum
of the individual vehicle commute
trip lengths in miles
made by affected employees over a set period divided by
the number of affected employees during that period.
(30) "Waiver" means an exemption from CTR program requirements
granted to an employer by the City based on unique
conditions that apply to the employer or employment site.
(31) "Week" means a seven day calendar period,
starting on
Monday and continuing through Sunday.
(32) "Weekday" means any day of the week except Saturday or
Sunday.
B.
FWCC Section 15-201 shall be amended as follows:
Commute trip
reduction goals.
The commute trip reduction goals for affected employers are to
achieve the following reductions in vehicle miles traveled per
7
employee as well as in the proportion of single-occupant vehicles
from the ~ base year value of the City' oS C'fR Z;Olle. for ei ther
the worksite or the zone in which the worksite is located:
(1) 15 percent by January 1, 1995.
(2 ) z-s. 2.Q percent by January 1, 1997.
(3) -3-S ~ percent by January 1, 1999.
J.n.
35 percent by January 1.2005.
c.
FWCC Section 15-202 shall be amended as follows: Designation of
CTR zone and base year values.
Employers in the City of Federal Way fall within the South
King County CTR zone designated by the boundaries shown on the map
filed with the City of Federal Way Clerk's Office.
Affected employers may choose to do a baseline survey to
determine site specific baseline values as opposed to using the
values established by the designated CTR zone.
si tes affected
after January 1.1998 wishing to use site specific baseline values
shall complete a baseline survey within one year of notification.
The base year value of this zone for proportion of SOV trips
shall be 85 percent.
The base year value for vehicle miles
traveled (VMT) per employee shall be set at 9.3 miles.
Commute
trip reduction goals for major employers shall be calculated from
these values.
Therefore, affected employers within the city shall
establish programs designed to result in SOV rates of not more than
72 percent in 1995, ~ ~ percent in 1997, and ~~ ~ percent in
8
1999, and 55 percent in 2005, and VMT per employee of not more than
7.9 miles in 1995,~ ~ miles in 1997, and ~ ~ miles in
1999, and 6.0 miles in 2005.
D.
FWCC
Section
15-205
shall
be
amended
as
follows:
Applicability.
The provisions of this article shall apply to any affected
employer at any single worksite within the corporate limits of the
City.
Employees will only be counted at their primary worksite.
The following classifications of employees are excluded from the
counts of employees:
1) seasonal agricultural employees, including
seasonal employees of processors of agricultural products and 2)
employees of construction worksites when the expected duration of
the construction is less than two years.
(1)
Notification of applicability.
(a)
Known affected employers located wi thin the City
will
receive
formal
written
notification
by
certified mail
that
they
are
subject
to
this
article
within
30
days
after
passage
of
this
article.
(b)
Affected employers that,
for whatever reason, do
not receive notice within 30 days of passage of
this article must identify themselves to the City
wi thin 180 days of the passage of the article.
Once they identify themselves, such employers will
9
be granted T56lßQ days within which to develop and
submit a CTR program.
~
Affected emPloyers that have not identified or do
not identify themselves
within 180 days of the passaçe
of this ordinance and do not submit a CTR
program
within 180 days from the passaGe of this ordinance are in violation
of this ordinance.
(~~) Any existing employer of 75 or more persons who
obtains a business license in the City, subsequent
to the passage of this chapter, will be required to
complete an Employer Assessment Form
to determine
whether or not an employer will be deemed affected
or non-affected in accordance with the provisions
of this chapter.
(2)
New affected employers.
Affected employers must identify
themselves to the City within 180 days of either moving
into the City boundaries or growing in employment at a
worksite to 100 or more affected employees.
Once they
identify themselves, such employers shall be granted T&&
lßQ days to develop and submit a CTR program. Employers
that do not identify themselves within 180 days are in
violation of this ordinance. New Newly affected employers
shall have two years to meet the first CTR goal of a 15
percent
reduction in proDortion of single
occupancy
10
(3)
vehicle trips or vehicles miles traveled per person: £rom
th~ ba.!e :year valtle.! idehtified in :Jectioli 1:::; 202, four
years
to meet
the
a rs 2.Q percent
second goal
of
reduction; ~ six years to meet the third goal of a ~
~ percent reduction; and twelve years to meet the fourth
goal of a 35 percent reduction from the time they begin
their program.
Change in status as an affected employer.
Any of the
following changes in an employer's status will change the
employer's CTR program requirements:
(a)
If an affected employer can document that it faces
an extraordinary circumstance that will change its
status as an affected employer, it can apply for an
exemption pursuant to Section 15-209(a).
(b)
If an employer initially designated as an affected
employer no longer employs 100 or more affected
employees and has not employed
expect.3 not
to
~n~lo} 100 or more affected employees for the past
~ 12 months,
that employer is no
longer an
affected employer.
It is the responsibility of the
employer to provide documentation to the city that
it is no longer an affected employer.
(c)
If the same employer returns to the level of 100 or
more affected employees within the same 12
months
11
12 or more monthð after it~ challge in ~tattl~ to all
"uhaffected"
employer,
that
employer
shall
be
treated considered an a~ a new affected employer,
for the entire 12 months and will be subject to the
same program requirements as other new affected
employers.
..ú:ll.
If the same emPloyer returns to the level of 100 or
more affected emPloyees
12 or more months after its
chanO"e in status to an "unaffected" emPloyer,
that
employer shall be treated as a new affected emPloyer and will be
subject
to the same pr°O"ram requirements as other new
affected
eITIPloyers
E.
FWCC Section 15-206 shall be amended as follows: Requirements
for employers.
An affected employer is required to make a good
faith effort, as defined in RCW 70.94.534(2) and this ordinance, to
develop and implement
a CTR program that will
encourage
its
employees to reduce VMT per employee and SOV commute trips.
The
CTR program must include the mandatory elements described below,
including
submittal
of
a
CTR program description
and annual
progress report.
Transportation management associations may submit
CTR program descriptions and annual reports on behalf of employers;
however, each employer shall remain accountable for the success of
its program.
(1 )
Description of employer's CTR program.
Each affected
12
employer is required to submit a description of its CTR
program to the city on the official form available from
the public works department.
The CTR program description
presents the strategies to be undertaken by an employer
to achieve the commute trip reduction goals for each goal
year.
EmPloyers are encouraged to consider innovative
strategies and combine program elements in a manner that
will best sui t
their location,
site characteristics,
business type, and emPloyees' commuting needs. Employers
are further encouraged to cooperate with each other and
to form or use transportation management organizations in
developing and implementing CTR programs.
At a minimum, the employer's description must include:
a.
General
description
of
each
employment
site
location
within
the
city
limits,
including
transportation
characteristics,
surrounding
services, and unique conditions experienced by the
employer or its employees.
b.
Number of employees affected by the CTR program.
c.
Documentation of compliance with the mandatory CTR
program elements,
as described in subsection 15-
206{2).
d.
Description of the additional elements included in
the CTR program.
13
e.
Schedule
implementation,
assignment
of
of
responsibilities,
and
commitment
"
to
provide
appropriate resources to carry out the CTR program.
(2 )
Mandatory program elements.
Each employer's CTR program
b.
shall include the following mandatory elements:
a.
Transportation coordinator.
shall
The
employer
designate
transportation
to
coordinator
a
administer
coordinator's
the
CTR program.
The
and/ or designee's name,
location,
and telephone
number
be
displayed
at
each
prominently
must
affected worksite.
The coordinator shall oversee
all elements of the employer's CTR program and act
as liaison between the employer and the City.
An
affected employer with multiple sites may have one
transportation coordinator for all sites.
Information
distribution.
Information
about
alternatives to SOV commuting shall be provided to
employees at least once a year.
This shall consist
of,
a minimum,
employer's
a summary 0 f
the
at
program, including the Transportation Coordinator's
name and phone number.
Employers must also provide
a summary of their program to all new employees at
the
time
hire.
program
Each
employer's
of
description and annual report must describe what
14
information is to be distributed by the employer
and the method of distribution.
c.
Annual
progress
report.
The
CTR program must
include an annual review of employee commuting and
of progress and qood faith efforts toward meeting
the SOV reduction goals.
Affected employers shall
file a progress report annually with the City.
The
employer should contact the City's Public Works
Department for the format of the report.
Survey
information
or
approved alternative
information
approved by the public works
director shall be
required in the r~ort submitted in the
199:', 1997
aI.d 1999 report.5 second, fourth, sixth, eiçht,
tenth, and twelfth years after proçram
implementation beçins.
d.
Additional program elements.
In addi tion to the
specific
program
elements
described
above,
the
employer's
CTR program
shall
include
a
set
of
measures designed to meet CTR goals, as described
in the city's administrative procedures.
F.
FWCC Section 15-208 shall be amended as follows:
Schedule and
process for CTR reports, program review and implementation.
( a)
CTR program.
Not more than .5ix Mmth.5 180 days after the
adoption of this article, or wi thin .5ix nloI.tl..5 180 days after an
15
employer becomes subject to the provisions of this article, the
employer shall develop a CTR program and shall submit to the city
a description of that program for review.
(b)
CTR annual reporting cia te .
Employers will be required to
submit an annual CTR report to the city beginning with the
first
annual
reporting date
assigned during the
initial
program submittal.
The annual reporting date shall be no less
than 12 months from the day the initial program description is
submitted.
Subsequent years' reports will be due on the same
date each year.
(c ) Content of annual report.
The annual progress report
shall describe each of the CTR measures that were in
effect for the previous year, the results of any commuter
"
surveys undertaken during the year, and the number of
employees
participating
in
CTR
programs.
Survey
information or alternative information approved by the
public works director must be provided in the reports
submitted in the
193~, 1937, and 1999, second, fourth,
sixth, eight, tenth, and twelfth years after proc¡ram
implementation begins.
( d)
Program review.
The city shall provide the employer with
written notification indicating whether a CTR program was
approved or deemed unacceptable.
(1 )
Initial
program
descriptions
will
be
deemed
16
acceptable if:
1) all required information on the
program description form is provided, and, 2) the
program
description
following
includes
the
information:
a.
Name,
location and telephone number of the
employee
transportation
each
coordinator
for
worksite.
b.
Plan
for
and
documentation
of
regular
distribution of information to employees about the
employer's CTR program at the worksite, including
alternatives to driving alone to work.
c.
Plan for and implementation of at least one
additional
designed
to
achieve
the
measure
applicable goal.
(2)
Annual reports will be deemed acceptable if the
annual
form
is
contains
complete
and
report
information
implementation
the
prior
of
about
year's program elements and proposed new program
elements
and
implementation
schedule.
Annual
reports must also contain a
review of employee
commuting and report of progress toward meeting SOV
goals.
(3)
Beginning in 1995,
the programs described in ~
affected employer's the annual
report~ will
be
17
deemed acceptable if eitl~er the 3(YJ trip or the VM'f
per
employee goal.!5 have been l\Let based on
the
criteria
contained
in
Section
15-213
of
this
ordinance.
If neither goal has been met,
the
employer must propose modifications designed to
make progress toward the applicable goal in the
coming
year.
If
the
revised
program
is
not
approved, the city shall propose modifications to
the program and direct the employer to revise its
program
within
30
days
to
incorporate
those
modifications
or
modifications
which
the
jurisdiction determines to be equivalent.
(e)
Implementation of employer's CTR program.
The employer
shall implement the approved CTR program not more than
180 days after the program was first submitted to the
ci ty unless extensions allow for late implementation.
Implementation of programs that have been modified based
on non-attainment of CTR goals must occur within 30 days
following city approval of such modifications.
G.
FWCC Section 15-209 shall be amended as follows: Requests for
exemption/modification of CTR Requirements.
(a)
Worksite exemptions.
An affected employer may submit a
written request to the city to grant ~ an exemption
from iàll. CTR program requirements or penal ties for a
18
particular worksite.
The e~loyer must demonstrate that
it would experience undue hardship in complyinG with the
requirements
of
the
ordinance
as
a
resul t
of
the
characteristics of its business, its work force, or its
location(s). An exemption may be granted by the city if
and only if the affected employer demonstrates that it
faces an extraordinary circumstance such as bankruptcy,
a~ a re~tll t of the character i~tic~ of i t~ bl1~ine~~, i t~
work force, or it~ location(~) and is unable to implement
measures that could reduce the proportion of SOV trips
and VMT per employee.
Reqtle~t~ for exell(ptiOI.~
applying
to the initial prograIl.l ~tlbm.i ttal are due wi thir. thyee
n,oI.th~ after the employer haoS beel. rlotified tLat it ioS
oS tlbj ect to tl.i~ article alld thereafter reque~t~ call be
made at allY time. Exemptions may be granted by the ci ty
at any time based on written notice provided by the
affected employer.
Requests must be made in writing by
certified mail or delivery, return receipt. The notice
should clearly explain the conditions for which
the
affected employer is
seeking an
exemption
from
the
requirements of the CTR Drogram. The city shall review
annually all employers receiving exemptions, and shall
determine whether the exemptions will COI.tÍIlue to be in
effect during the following program year.
19
.1b.L
~loyee &X'AÇtions.
Specific employees or groups of
employees who are required
to drive alone to work as a
condition of employment may be exempted from a
worksite'
CTR pro~ram. Exemptions may also be granted for employees who work
variable shifts throuQhout the year and who do not rotate
as a group to identical
shifts.
The
ci ty will
use
the
criteria identified in the CTR
Task Force Guidelines
t
0
assess the validity of
employee exemption requests. The City shall
revi ew annually
all employee exemption requests, and
shall determine whether the exemption will be
in
effect
during the following proaram year.
(~)
MDdific:a tion of C"l'R Drogram goals.
Any affected employer
may request that the city modify its CTR program aoals.
Such requests shall be filed in writing at least 60 days
prior to the date the worksite is required to submit its
program
description
or
annual
report.
The
goal
modification
request
must
clearly
explain
why
the
worksite is unable to achieve the applicable goal.
The
worksite must also demonstrate that it has implemented
all
of the elements
contained in its
approved CTR
program.
The city will review and grant or deny requests
for aoal modifications in accordance with procedures and
criteria identified in the CTR Task Force Guidelines. An
20
emPloyer may not request a modification of the aoplicable
goals until one year after city aoDroval of its initial
proçram description or annual report.
(d)
Modification of em prog%8:m elem.ent.!J.
Any
affected
en~loyer ma~ reque~t a
modificatiol1 of the
followi1.g C'fR
prograrll elemeI.t~, otheL tJ1ðlJ the mðndðtoL}
element.s
.specified in thi.s oLdil1ðl' Ce, incltlding LecoLd keeping ~eÇluiLeme!'Jt.s.
J tiel.
reque~t ma~ be gral.ted oI.l~ if OI.e of the followil.g
coI.di tiOl.~ exi~t~.
(1 )
An aff~cted emplo~er call demoI.~tra te i t require~
~igI.ificaht Id:J1nber~ of it~ el'l~lo~ee~ to u~e tLe
vehicle~ the~ drive to ~ork during tLe work day for
work
purpo~e~ ,
that
1.0
rea~ol1able
alten.ative
COmrlltite mode exi~t~ for the~e e:rr,ployee~, arid tLa t
tl.e vel.icle~ canhot rea~onabl~ be used for carpools
or
va!J:pool~
al.d/ or
all
affected
el1.~loy er
car.
demoI.~ tr a te
that
~ome
eIl~loy ees
work
variable
~Lift~ durir.g tLe ~ear,
so tl.at tLese employees
~ometime~ begÌI. their ~r.ift~ ~ithin the G.OO a.l1.l.
to 9.00 a.l1.,.
time period aI.d other
times begirl
their ~I.ift~ otit~ide that time period.
(ExceptioI. .
If there are a ~igIJificar.t number of en~loyee~ ~ho
work all idel.tical ~hift rotatiol., those employee~
would be expected to be part of tl.e en(ploy er '~ CTR
21
program mea~\:1remeht,
they
a
fOrI.. ehotlgh
of
a~
coh~i~ter.t
maihtair.
pool
to
ride~harihg
arrar.gement~. )
If the employer pro\1ide~ doctmler.tatior. ihdicatir.g
ho~ mar(~ erL.ployees I\..eet either of these conditions,
the applicable goal~ will hot be char.ged, btlt the
employee~ wl.o fall ihtO the~e categorie~ w-ill r.ot
be included ih the calculation~ of proportioh of
:JO~v~ trip~ ahd VUf per employee tl~ed to detern.ine
the eIT~loyer's progre~~ tow-ard program goal~.
A
reqtle~t for a modificatior. ba~ed 01. tl.i~ coI.di tiOh
must be made by tl.e er.¡ployer wi chili three n.ol.th~
after beir.g notified that they are ~tlbject to thi~
chapter.
(2)
AI. affected en(þloyer den.oh~trate~ that i t~ work~i te
i~ cor.tigtlou~ w-ith a C'fR zone boUI.dary al.d tl.at tl.e
work~i te cOl.di tiOI.S affectiI.g al ten.ati ve Col\L1¥.ute
OptiOI.~ are ~il\.ilar to tl.o.!e for en¡ployer~ iI. the
adj oil.ir.g
Uhder
t:tü~
coI.di tio!.,
C'fR zone.
the
employer'~ work~ite may be made ~tlbject to the ~ame
goal.! for VM'f per enLployee al.d proportior. of :JOV
tr ip~ as employer ~ iI. the adj oir.iI.g C'fR ZOI.e.
A
reqtle~t
for
modification
01.
U..i~
ba~ed
a
col.ditior. rt'Ltlst be made by the El\lployer w-ithiI. three
n.ol.th~ after beiI.g l.otified that they are subj ect
22
to thi~ article.
(J)
Unahticipated coI.ditioI'~1 ~tld. a~ tlhavailabili t:y of
alten.ative commute n,ode~ due to factor~ ~elated to
the
work~ite,
en¡ployer' ~
work
force,
aI.
or
characteri~tics of the btlsiI.ess tl.at are be:J'Ol.d the
employer's
control.
for
A
reqtlest
goal
modificatiOl. based 01. tl.i~ coI.di tiOl. mtl~t be n,ade
b:J' tl.e employer' 05 assigI.ed reportiI.g dates iI. 199~
aI.d 1997 1999 ðnd 2005.
(4 )
Relocatiol.
~ol.e .
þqorksite
of
ð.l.other
to
CTR
a
Reqtle~t~
for
n,odificatiol.
01.
this
goal
based
corldi tiOh may be made at al(Y time.
(~ )
employer
it's
worksite
derr,ohs tr a tes
If
an
conditiohs differ from the ~tahdard O~¡¿, base :year
valtles
by
~ubn,i t tiI.g
sur veys
wr i t tel.
en,ploy ee
adfiìiIIistered at
...orksi te ~i thir. I.iI.ety
( 90)
the
days
of tLe
effective date of this
or
article,
wi thiII
nihet}'
a
r.ewly
(~O)
da}'~
of
becon,ihg
affected
which
~tlrve}'s
employer,
e~tablish
the
e~¡plo}'er's o~. ba~e }'ear valtles of VMT per en¡ployee
ar.d
higher
~one
thall
tLe
~ates
30V
CTR
were
average, ther. that emplo}'er's ba~e :year value filay
be the perceI.tage calculated fron, Stlcl. sLlrveys.
(be) Written request for modification.
All
for
requests
23
modification of CTR program goals must be made in writing
"
to
the
ci ty by
certified mail
or
delivery,
return
receipt.
Cc.d) Extensions.
An employer may request additional time to
submit a CTR program or CTR annual progress report, or to
implement or modify a program.
Such requests shall be
made
in writing before
the
due
date
for which
the
extension is being requested.
Requests for extensions
must be made prior to the due date anytime a program
submission is going to be more than one week late.
Extensions not to exceed 90 days shall be considered for
reasonable causes.
Employers will be limited to a total
of 90 allowed extension days per year.
Extensions shall
not exempt an employer from any responsibility in meeting
program goals.
Extensions granted due to delays or
difficulties with any program element(s)
shall not be
cause for discontinuing or failing to implement other
program elements.
An employer's annual reporting date
shall not be adjusted permanently as a result of these
extensions.
An employer's annual reporting date may be
extended at the discretion of the public works director.
H.
FWCC Section 15-210 shall be amended as follows: Credit for
transportation demand management efforts.
(a)
Credit for programs implemented prior to the base year.
24
Employers
with
successful
Transportation
Demand
Management ("TDM") programs implemented prior to the 1992
base year may apply to the city for program credit.
(1 )
Employers whose VMT per employee and proportion of
SOy trips are already equal to or less than the
goals for one or more future goal years, and who
commit in writing to continue their current level
of
effort,
shall
be
exempt
from
the
following
year's annual report.
(2 )
Employers applyir!g for tl!e program credit ÏI! tl¡eir
ÏI!i tial
199J
program
de~cription
shall
be
considered to have met the first measurement ~
CTR goals if their VMT per employee and proportion
of sov trips are equivalent to a 12 percent or
greater reduction from the base year zone values.
This three percentage point credit applies only to
the first measurement ~ CTR goals.
For
the
initial
year,
employer requests
for program
credit are due within three months after notification
that the employer is subject to this chapter.
Requests
for program credit must be received by the employer's
assigned reporting dates in ~ ~ and ~ ~ for
succeeding years.
Application for a program credit shall include an initial
25
I.
(b)
program description, written commitment on an official
report form to maintain program elements, and results
from a survey of employees, or equivalent information
that establishes the applicant's VMT per employee and
proportion of SOy trips.
The surveyor equivalent
information shall conform to all applicable standards
established in the CTR Task Force Guidelines Director'~
Rule~ for inlplemeI!tation of tr!i~ article.
Credit for alternative work schedules, telecommuting,
bicycling and walking, by affected employees.
(1)
city
trips
eliminated
will
The
count
commute
through alternative work schedules, telecommuting
options, bicycling and walking as 1.2 vehicle trips
"
eliminated.
This assumption applies to both the
proportion of SOy trips and VMT per employee.
(2)
This type of credit is applied when calculating the
SOy and VMT rates of affected employers.
FWCC Section 15-213 shall be amended as follows:
Enforcement.
Compliance.
For purposes of
this section, compliance
(a)
Jbl
shall mean submitting required reports and documentation
at prescribed times and fully implementing in çood faith
all provisions in an accepted CTR program.
Program modification criteria.
The followinç criteria
for achievinç çoals for VMT
per emPloyee and proportion of
26
sov trips shall be qpplied in determining
requirements for
emoloyer CTR oroaram modifications:
J.l.L
If an emPloyee makes a good fai th efforts,
as
defined in RCW 70.94.534(2)
and this ordinance, and meets
either or both the applicable SOV or VMT aoal,
the alplQyer
has satisfied the objectives of the CTR
olan and will not be
required
to modify its CTR program.
.12L
If an emPloyee makes a good faith effort, as defined
in RCW 70.94.534(2)and
this ordinance, but has not met or is
not likely to meet the applicable SOV or
VMT
goal,
the
city shall work collaboratively with the employer to make
modifications to its CTR orogram.
After agreeinç on
modification, the
emPloyer shall submit a revised CTR
program description to the city for qpproval
wi thin
30
days of reaching an açreement.
~
If an emPloyer fails to make a çood faith effort, as
defined in RCW
70.94.534(2)
and this ordinance, and
fails to meet either the ap~licable SOV or VMT
reduction
goal, the ci ty shall work collabora ti vel y wi th the employer to
identify
modifications to the CTR program and shall direct
the employer to revise
its program
within 30 days to
incorporate the modifications. In re~onse to the
recommended modifications, the employer shall submit a revised
27
CTR
program
description,
includinç
the
requested modifications or equivalent
measures,
wi thin 30
days of receivinG written notice to revise its proçram.
The city shall review the revisions and notify the employer of
acceptance or rejection
or the revised proçram.
If a revi sed
proçram is not acc~ted, the city will send
written notice to
that effect to the employer within 30 days and if, necessary,
requ~re
the emPloyer to attend a conference wi th proç¡ram
review staff for the purpose of
reachinç a consensus on the
required proçram.
A final decision on the
required
proç¡ram will be issued
in writing by the city within ten working
days of the
conference.
(b~)
Violations.
The following actions shall constitute
a violation of this chapter:
(1 )
Failure
to
implement
an
approved
CTR
program,
unless the program elements that are carried out
can be shown through quantifiable evidence to meet
or exceed VMT and SOV goals as specified in this
chapter.
Failure
to
implement
a
CTR
program
includes but is not limited to:
a.
Failure of
any affected employer to submit a
complete CTR program within
the deadlines specified in
section 15-208.
b.
Failure to submit required documentation for
28
annual reports.
c.
Submission of fraudulent data.
(2 )
Failure
to
modify
a
CTR
program
found
to
be
unacceptable by the city under 15-208{d).
fll.
Failure to make a good faith effort, as defined in
RCW 70.94.534(4) and this
ordinance.
(c ) Penalties.
No affected ern¡;>loyer wi th an approved CTR
program which has made good fai th effort may be held
liable for failure to reach the applicable SOV and VMT
~.
Each day of failure by an employer to a) implement
a
commute
trip
reduction
program
or
b)
modify
an
unacceptable
commute
trip
reduction
program
shall
constitute a separate violation and shall be considered
a Class I civil infraction pursuant to RCW 7.80.120.
The penalty for a violation shall be $250 per day.
An
employer shall not be liable for civil penal ties if
failure to implement an element of a CTR program was the
result
of
an
inability
to
reach
agreement
with
a
certified collective bargaining agent under applicable
laws where the issue was raised by the employer and
pursued in good faith.
Unionized employers shall be
presumed to act in good faith compliance if they:
(a)
Propose to a recognized union any provision of the
employer's CTR program that is subject to bargaining as
29
defined by the National Labor Relations Act; and (b)
Advise the union of the existence of the statute and the
mandates of the CTR program approved by the City and
advise
the
union
that
the
proposal
being
made
is
necessary for compliance with RCW 70.94.531.
Section 2.
Ratification.
Any act
consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 3.
Severability.
The provisions of this ordinance
are declared separate and severable.
The invalidity of any clause,
sentence,
paragraph,
subdivision,
section,
or portion of this
ordinance or the invalidity of the application thereof to any
person or circumstance,
shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 4.
Effective Date.
This ordinance shall be effective
thirty (30) days after passage, as provided by law.
PASSED by the City Council of the City of Federal Way
this
day of
, 1998.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, CHRIS GREEN, CMC
30
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:ORDIN\CTRORD.WPD
31
MEETING DA TE:Apri~/, 1998
ITEM# ~ (L)
-
-............................................................",.............................."""""""""'.""""""""""""""""""""""""""'."""""'."'."""""""""""""..""""'.""""'."""""""""""'"
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 1998 Carry Forward Budget Adjustment
.".""""",.,.""."""""""",..""""""",."""""""""."",.""""."............................................................................................,...................................................
................"...
CATEGORY:
BUDGET IMPACT: $43,854,629
KCONSENT
..x.. 0 RD IN AN CE
BUSINESS
HEARIN G
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
..........................................................................................."...............................................................................".........................."
"""""""...........""""""""""""""""
ATTACHMENTS: Ordinance and budget adjustment exhibit A
..........................................................................................."................................................................................"..........................
........................................"................
SUMMARYIBACKGROUND: This is an ordinance to adjust the] 998 budget for the carry forward items from] 997. The
carry forward budget adjustment is housekeeping in nature and for the most part reflect projects that were budgeted during 1997
but not anticipated to be completed until] 998.
...........................................................................................,........................................,..........................................................."""""""
'.""""""""""""""""""""""""'"
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the ]998 carry forward budget adjustment
ordinance
...........................................................................................,.................................................................................,.........................
..........................................,.................
CITY~NAGERRECOMMENDA!ION: A-d<:~ cdict.dGu(C-,~..AM<{ ..(;M) ~~ ~..~~'". ~~.¿.AL
.....~~...~~.. ~....tj: ~J ~.~..(~.. .t::.. ...~.~-:::!..~.~.. .........." ........ .......... ....... .............. ..l!£J1,f.. /Jl4..j.~ .......... .............
APPROVED FOR INCLUSION IN COUNCIL PACKET: é!TY~.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
_DENIED
T ABLED/DEFERREDINO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
/9f-
4-7-qB
J:\CCCOVER-5/6/96
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
March 31, 1998
TO:
Finance, Economic Development & Regional Affairs Committee
FROM:
Marie Mosley, Deputy Management Services Director
SUBJECT:
Carry Forward Budget Adjustment Ordinance
Action ReQuested
Recommend approval of the attached budget adjustment in the amount of $43,854,629, including
$605,207 in new programs as identified in the attached. These adjustments result in an undesignated
ending fund balance of $689,347 (and a designated general fund balance of $893,861 for prefunding
pay for performance, COPS grant and Police department seizure fund). The ending fund balance is
unappropriated and can only be utilized upon the City Council's approval and formal appropriation.
Backaround
The carry forward adjustment consists of three sources: 1) changes in beginning fund balance due to
additional revenues received and expenditure savings from prior year activity; 2) carry forward of
projects and associated revenues, such as grants that were budgeted and committed in 1997, but not
expended until 1998; and 3) expenditures that were committed in 1997, but not expended until 1998.
In addition, there are a few items identified as new programs that are being recommended to fund
with carry forward fund balance. The following identifies the major items included in the budget
adjustment:
Chanaes in Beainnina Fund Balance - $28.714.200
. $25,250,968 Capital projects, including Arterial Street, Civic Theatre and Impact Fee Fund projects
. 1,691,026 General and Street Fund Operations, of this amount, approximately $300,000 is due to
unanticipated revenue and the remaining is from expenditure savings
1,772,206 Designated funds, such as Surface Water Management, Solid Waste/Recycling,
Special Contracts & Studies, Utility Tax, Debt Service and lIS Funds
.
Chanaes in Exoenditure Aoorooriation - Total $43.854.629
. $31,996,858 Capital projects, including the Overlay program
. 1,003,627 Transfer between funds (I/S fund transfers, transferring savings from Street Fund
back to General Fund)
8,131,765 Transfer of Utility tax for debt service, M &0 and overlays; reallocate Debt Service
to new funds
New Program recommendations (Financial Software; Police Facility Ending F/B)
Non-annually budgeted fund projects (CDBG, 2% for the Arts, Cable study)
Other Miscellaneous Adjustments (General Governmental Carry Fwd Projects, etc.)
.
.
605,207
443,903
1,673,269
.
.
.
... . "'"
Other Items:
The following adjustments are a result of reallocating capital project balances or new revenue sources
to other capital projects:
. $114,331 Reallocate savings from Saghalie ($91,073), Donations ($727), Unappropriated
Parks CIP ($17,967) & Dumas Bay Park ($4,564) to Skateboard Park
814,073 Reallocate to Civic Theatre from Saghalie ($5,000), Property Acquisition and
Community Parks ($78,169), KIC grant ($245,000), CDBG Grant ($5,000),
donations ($401,840), Civic Theatre M& 0 ($42,000), Restroom Improvement
balance ($23,357), Dumas Bay Center Deferred Maintenance Account ($13,575)
and Basement Improvement balance ($132)
1,003,568 Reallocate to Celebration Park from Opportunity Fund ($320,000), donations
($137,900), lAC Grant ($162,000) and bond project interest earnings ($383,668)
179,242 Reallocate Mitigation fees in BPA Phase II back to Mitigation Fund ($13,821);
Transfer BPA Phase II balance to BPA Phase III ($58,161), BPA Phase III grant
($107,260)
1,017,852 Reallocate SeaTac Mall Detention to 340th Street Regional Storm Facility; SeaTac
Mall project is delayed. . . &1 c) [¡'ilL ~'cd-re...
133,017 ;LOla ~ Ad- Pl.u\Ctmq ~(u:kd h'CWI (dd,roft..-'Y\ WK L .0/ ~S -' / M 7't:J)
Desianated Fund Ba/ance:(f3c1,CX:;O) w-.d ~ 5 (\{"\l."Cj f.Æ.-vJ.. btVo-flce.. -tD bf us<d ro.. (¡ vl( ¡{-.¡c.h-t l 0, .
Designated Ending Fund Balance consists of the folfowing:
. $300,000 Prefunding pay for performance for General Fund operations except Police
. 10,000 Interfund loan from General Fund to CDBG
. 91,741 Seizure fund balance
. 492,120 COPS Grant balance
.
.
.
.
In addition, this budget adjustment reflects moving $305,207 from designated General Fund balance
to the Capital Facility - Police Department Facility CIP budget, bringing the Police facility balance to
$4,880,162.
APPROVAL BY C~~E:
,
~~~c.
.~ èJ!. --I(.d-. -- /'
". ommittee Member .
L/-E.;¿
k
PREU(\o,..'iARY
!k. ~.¡mmary
1997 Actu. 1998 Revised Sudøet 1998 CIImI Fwwllf'd Adjustment 1998 Revised Endlna Fund S./ance
Ending Beginning Ending Revenue Expendfture ReaelVfJdlDesig Gel! Govt Purp Tot.
Fund Fund Uance Fund Sa/.nee Fund allIance AtI",..tment Adlustment Funds UnresetVftd Fund S.-
OPERATING FUNDS
General $ 4,323,152 $ 2,731,233 $ 1,660,301 $ 329,798 $ 1,998,810 $ 893,861 689,347 $ 1,583,208
Street 99,107 - . 84,888 183,995 - - -
Arterial Street 551,665 69,830 - 800 ,000 1,281,835 - - -
Utility Tax 506,871 - - 4,287,186 3,774,159 1,019,898 - 1,019,898
Solid WasteIReevclina 286,104 237,115 298,124 101,140 78,341 369,912 . 369,912
Snow & Ice Removal 128,837 100,000 100,000 - 28,837 1 00,000 . 100,000
Paths & Trails 3,544 3,310 12,673 - - 12,907 . 12,907
SWM 1,092,442 957,882 718,832 - (8,1671 861,559 - 861,559
Strateaic Reserve 1,731,588 1,700,000 1,700,000 - 31,588 1,700,000 - 1,700,000
Airoort StrateGic Reserve 300,000 300,000 300,000 - - 300 , 000 - 300,000
Debt Service - Reaular 4,800,562 4,P32,088 4,021,556 (1,186,236) 1,440,235 2,163,559 - 2,163,559
Debt Service -1995 Transportation Bond - - - 2,576,117 1,028,153 1,547,964 . 1,547,964
Debt Service -1997 GO Bond . - - 2,550,519 1,889,218 661,301 . 661,301
Dumas Bav Center 1,170,242 - 10,673 1 ,051 ,240 2,214,331 17,824 - 17,824
T otJIl OI»r8t1no $ 14,994114 $ 10,131.458 $ 8.822,159 1$ 10.594,652 $ 13.941,335 ~ 9,648,785 $ 689.347 $ 10,338132
-. CIP FUNDS
City Facilities 6,940,282 . - 1 ,042,822 7,983,104 - . -
Parks 7,276,788 38,114 38,114 1,541,007 8,810,022 7,773 - 7,773
SWM 4,021,476 60,765 135.765 1,191,852 5,144,277 144,051 - 144.051
Traffic 1,225,050 124,155 817 162,000 1,217,484 46,228 - 46,228
Streets 5,313.036 772,072 355,241 563,691 5.389.017 70.879 - 70.879
TotaICiP 1$ 24,776,632 ~ 995.106 $ 529 937 1$ 4,501,372 $ 28,543,904 ~ 268,931 $ - IS 268,931
--
INTERNAL SERVICE FUNDS
Risk Management 908.669 877,550 977,550 31,588 - 1 ,040,257 - 1,040,257
Information SYStems 764.012 847,952 1,145.503 569,212 569,212 1 ,061,563 - 1,061.563
Mail & Duplication 48.613 52,301 83.149 - - 79,461 - 79.461
Fleet & Equipment 960,179 899,179 1.120,606 202,529 334,760 1,049.375 - 1,049.375
Buildina & Furnishings 687,688 723,770 851,383 20,000 20,000 815,301 - 815!~
Payroll Benefits 23.153 20,189 4,737 16.967 1,515 23,153 - 23,153
Tot.lntern.1 Service Funds $ 3,392,314 $ 3,420,941 $ 4,182,928 $ 840,296 $ 925,487 $ 4,069.110 $ - 1$ 4,069,110
NON-ANNUALL Y BUDGETED FUNDS
Special StudieslContracts 132,125 1,207 1.207 - 132,125 - - -
2'16 for the Arts 8.792 - - 124.285 133,077 - - -
CDBG - - - 178.701 178.701 - - -
Impact Fee 318,786 359,852 389,852 13,821 - 362,607 - 362.607
TotJIl Non-Annu.11v SIIØfIftRHI Funds S 459,703 $ 361.059 $ 391.059 1$ 316,807 S 443,903 ~ 362,607 $ - S 362,607
.. Tot" An Funds U1622 1$4 $14 908 564 $139260113 $1625:1 127 U3.854 629 1;1'" :J49. 4:U 1;689 U7 S1/'t038 781
City of Federal Way
General & Street Fund
1997 Adjusted Budget to Actual Comparison
1997 General" Street Fund
Expenditures
1997 General" Street Fund
a~Tnft
a.-""Pros
aMioc Rev
a_I.......
aFo-APaofci....
ap_AOIqa
aFuei TIX
aVdlid.U._F..
a u"'... Pronll
au",... ExeiocTIX
aMVET"",",ÒDb""
aCriminol Jwti" UP
a CriminoI Jwti,. HIe
a MVET
. Buil,.. Ptnnill
aU,_AP-
lIo.œlirwTIX
a CriminoI Julli" SaI..
aSaI..TIX
a Property TIX
. .Non-Depu1mental
. Pubh. Works
m Park &. Recreation
. Pubh. Safety
. Community
Development
DLepl&.Court
IJ Msnsgement
Services
. City Mlnlger
. City Courtcil
-100.000 0
100.000 200.000 300.000 400.000 300.000 600.000 700.000
.130.000 -100.000 .30.000
111 87
Adjusted F avorlffife-IDl'lfavorable 1
Item Budget Actual AmOUnt t'ereent
Property Tax $ 6,119,886 $ 6,161,293 $ 41,407 0.68%
Sales Tax 8,222,457 8,320,209 97,752 1.19%
Criminal Justice Sales 1,126,861 1 ,272,877 146,016 12.96%
Gambling Tax 347,438 361,246 13,808 3.97%
License & Fees 618,500 631,072 12,572 2.03%
Building Permits 535,028 475,858 (59,170) -11.06%
Motor Vehicle Excise Tax 909,652 946,799 37,147 4.08%
Criminal Justice High Crime 239,000 292,237 53,237 22.27%
Criminal Justice Low Pop 120,720 128,509 7,789 6.45%
MVET Equalization 362,941 385,099 22,158 6.11%
Liquor Excise Tax 209,167 224,153 14,986 7.16%
Liquor Profits 402,534 419,545 17,011 4.23%
Grants 1,069,099 966,036 (103,063) -9.64%
Vehicle License Fee 609,728 645,252 35,524 5.83%
Motor Vehicle Fuel Tax 1,156,646 1,160,894 4,248 0.37%
Fees & Charges 514,050 459,170 (54,880) -10.68%
Fines & Forfeitures 639,830 622,188 (17,642) -2.76%
Interest Income 377,167 266,930 (110,237) -29.23%
Miscellaneous Revenue 56,042 174,809 118,767 211.92%
Recreation Proarams 452,157 468,594 16,437 3.64%
Admin Fee 162,734 162,734 - 0.00%
Operating Transfers 1,106,673 1,106,673 - 0.00%
Total Revenues .. I 26,:561,310 I 26,862,177 I 283,887 1.16%
City Council $ 190,510 $ 186,550 $ 3,960 2.08%
City Manager 522,680 525,791 (3,111) -0.60%
Management Services 1,563,996 1,412,545 151,451 9.68%
Legal & Court 1,416,190 1,304,122 112,068 7.91%
Community Development 2,813,871 2,571,394 242,477 8.62%
Public Safetv 11,227,818 10,720,216 507,602 4.52%
Park & Recreation 2,788,646 2,656,461 132,185 4.74%
Public Works 3,314,644 3,182,380 132,264 3.99%
Non-DeDartmental 2,269,557 1,640,801 628,756 27.70%
Total U185 ..... .... $ 2&.1 '.812 $ , $ ',BUT ,.DiII 7.31%
Excess of Revenue.Æxpense $ (7",802) $ 1,451,811 $ 2,201,519 ..aU8%
Bealnnlnø Fund Blllence 2,870,358 2.870,368 .
Endlnø Fund BMance ... $ ' ~"'6.",I- $ " 6.UI,DU' 88. n%
Cont Needed for Bea FIB '88 510,4931
FIØ Available , ,
QBCFADJ.xLS Consolìdeted
3I31IPB 3;04 PM
"
CITY OF FEDERAL WAY
CARRY FORWARD BUDGET ADJUSTMENT
MARCH, 1998
General Fund:
Approved Projects in 1997:
Fund Balance Trsf to Bond Project-intial"other" funding
Imaging System
Local Law Enforcement Grants & COPS More Grant
Automated Timekeeping System Software
Filing System
Code Enforcement Contracted Services
Commander Assessment Center & Testing Validation
Human Services Contracts
Police Patrol Vehicles
Disputed Jail Billings
Celebration Park M & 0 (Transfer from Utility Taxes)
Arts Commission Contracts
Domestic Violence Grant from CDBG
Police PC's, Server, Handguns, etc.
Other Miscellaneous
$500,000
100,000
194,658
70,000
10,000
56,190
30,000
57,197
160,000
25,000
50,000
29,005
30,000
58,830
22,723
Recommended New Programs:
Transfer Police Fund Balance to Police Facility
Financial Software
305,207
300,000
Street Fund:
Contracted Constr Inspector and Plan Review Svcs
CTR Grant Project
Neighborhood Traffic Safety Program
Filing System
Transportation Bond Project Maint Costs - Utility Tax
Transfer excess fund balance back to General Fund
$32,870
52,388
14,450
10,000
32,500
41,787
Arterial Street:
1997 Overlay program balance
1998 Addition Overlay Funding - Utility Taxes
$481,835
800,000
Utility Tax:
Transfer to Debt Service Fund
Transfer to Overlay Program
Transfer Interest Earnings to Fund Bond Project
Transfer M & 0 for Transportation & '97 Bond Issues
$2,658,248
800,000
133,411
182,500
Solid Waste:
Waste Reduction Program Grant & Other Grants
$78,341
Snow & Ice:
Transfer excess fund balance back to General Fund
$28,837
Surface Water Management:
Trailer Accessories/Radio
Reduce KIC Storm Drainage Fees
$11,833
(20,000)
Strategic Reserve:
Transfer Interest Earnings to Self Insurance
$31,588
Retreat Center:
Return General Fund Subsidy not needed
Civic Theatre Project Balance
Civic Theatre Project - Other Funding
Deferred Maintenance Carry Forward Balance
Parking Lot Project Balance
Parking Lot - Other Funding (Civic Theatre & Saghalie)
ADA Improvements
Reallocation of Dumas Bay Capital Projects
Civic Theatre m&o (Utility Tax; 58K & Revenue 21,605)
$7,516
1 ,027,405
809,073
22,121
74,709
70,000
44,838
79,064
79,605
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND
FINANCE, REVISING THE 1997-98 BIENNIAL BUDGET (AMENDS
ORDINANCE 96-278 AND ORDINANCE 97-289 AND ORDINANCE
97-294 AND ORDINANCE 97-304).
WHEREAS, certain revisions to the 1997-98 Biennial Budget are necessary; and
WHEREAS, these revisions are a result of funds to be carried forward from 1997;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Ordinance 97-304, Section 1, is amended to adopt the revised budget for
the years 1997-98 biennium in the amounts and for the following purposes:
Section 2. 1997-98 Biennial Budget. That the budget for the 1997-98 biennium is
hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ("1998
Revised Budgets").
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
ORD.#
, PAGE I
DRAFT
.3/31/?E'
-"
..~
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (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
day of
,1998.
CITY OF FEDERAL WAY
MA YOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN
APPROVED AS TO FORM:
CITY AITORNEY, LaNDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: IFIN\B I ENN IAL 10 RD IN ANCEl 19798CFBA. ORD
ORD.#
, PAGE 2
PRELIMINAI
98 Ordir.
EXHIBIT A
1998 REVISED BUDGET
Rfwenues & Other Sources . Exø4mdltures & Other Uses Fund Bafance
Revfs*t/ Change In ReVlHluè Rev/s*t/ ReVIsed Expenditure Revfsed Reserved!
Fund Budøet Fund Saltlnce Adlustntènt Budaet ......... BtJdaet Adjustment Budget Unreserved
General Fund $ 24,866,435 $ 1,591,919 $ 329,798 $ 26,788,152 $ 23,206,134 $ 1,998,810 $ 25,204,944 $ 1,583,208
Special Revenue Funds:
Street 3,069,192 99,107 84,888 3,253,187 3,069,192 183,995 3,253,187 -
Arterial Street 1,013,566 481,835 800,000 2,295,401 1,013,566 1,281,835 2,295,401 -
Utility Tax - 506,871 4,287,186 4,794,057 - 3,774,159 3,774,159 1,019,898
Solid WasteIRecvclina 515,697 48,989 101,140 665,826 217,573 78,341 295,914 369,912
Special Contract/Studies 1,207 130,918 - 132,125 . - 132,125 132,125 -
Snow & Ice 154,738 28,837 - 183,575 54,738 28,837 83,575 100,000
2% for the Arts - 8,792 124,285 133,077 - 133,077 133,077 -
Grants - CDBG 47,897 - 178,701 226,598 47,897 178,701 226,598 -
Paths and Trails 12,673 234 - 12,907 - - - 12,907
Surface Water Manaaement 4,001,779 134,560 - 4,136,339 3,282,947 (8,167) 3,274,780 861,559
Impact Fee 389,852 (41,066) 13,821 362,607 . - - 362,607
Strategic Reserve 1,800,000 31,588 - 1,831,588 100,000 31,588 131,588 1,700,000
Airport Strategic Reserve 300,000 - - 300,000 - - - 300,000
Debt Service Fund
Regular 6,543,528 768,474 (1,186,2361 6,125,766 2,521,972 1,440,235 3,962,207 2,163,559
1995 Transportation Bond - - 2,576,117 2,576,117 - 1,028,153 1,028,153 1,547,964
1997 GO Bond - - 2,550,519 2,550,519 . 1,889,218 1,889,218 661,301
Capital Project Funds:
City Facilities - 6,940,282 1,042,822 7,983,104 - 7,983,104 7,983,104
Parks 113,114 7,238,674 1,541,007 8,892,795 75,000 8,810,022 8,885,022 7,773
SWM 1,760,988 3,960,711 1,191,852 6,913,551 1,625,223 5,144,277 6,769,500 144,051
Traffic 210,817 1,100,895 162,000 1,473,712 210,000 1,217,484 1,427,484 46,228
Streets 772,072 4,540,964 563,691 5,876,727 416,831 5,389,017 5,805,848 70,879
Enterprise Fund:
Dumas Bay Center 389,780 1,170,242 1,051,240 2,611,262 379,107 2,214,331 2,593,438 17,824
Internal Service Funds:
Risk ManaQement 1,664,104 31,119 31,588 1,726,811 686,554 . 686,554 1,040,257
Information SyStems 2,054,765 (83,940) 569,212 2,540,037 909,262 569,212 1,478,474 1,061,563
SuPPOrt Services 255,914 (3,688) - 252,226 172,765 . 172,765 79,461
Fleet & Equipment 1,749,246 61,000 202,529 2,012,775 628,640 334,760 963,400 1,049,375
BuildinQs & FumishinQs 1,315,576 (36,082) 20,000 1,299,494 464,193 20,000 484,193 815,301
Payroll Benefits 45,222 2,964 16,967 65,153 40,485 1,515 42,000 23,153
Grend Totaf Alf Funds $ 53,048,162 ... $28,714,200 $16,253,121 $98,015,489 $39,122,019 $43,854,629 $$2,916,103 $ 15,038,781
,-'.
MEETING DATE: April 21, 1998
ITEM# -J{:~)
.............................. ................................................................ ."... ..... ...............................................,.......... .......... """"""""""""."'.
........,...... ............,......... .....
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: EMS MEMORANDUM OF UNDERSTANDING
...............................................................................................".........................................................................."............................
............................,..............
CATEGORY:
BUDGET IMPACT:
-1:CONSENT
ORDINANCE
BUSINESS
_HEARING
FYI
_RESOLUTION
_STAFF REPORT
PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted:
Expenditure Amt:
Contingency Reqd:
.......................................................................................................................................................................................................
..............................".............
ATTACHMENTS:(I) Memorandum of Understanding, (2) Philip Keightley memo to Parks,
Recreation, Public Safety & Human Services Committee dated April 7, 1998.
.......................................................................................................................................................................................................
..............................".............
SUMMARYIBACKGROUND: Voten approved continuation of EMS services at the last election. Jim Hamilton, Federal
Way Fire Department Administrator, has been appointed by the Mayor to be the City's representative on the King
County Committee that will recommend how EMS services wiD be fmanced in future years. As part of the negotiations
with King County prior to the EMS election, it was agreed that South King County agencies would have the option to
provide EMS irKing County elects not to provide the service.
.......................................................................................................................................................................................................
.............................................
CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the Mayor to execute the Memorandum of
.. J!. ~.~ ~ E.~.~ ~ ~.~ ~.~ g .f ~ r...~ M.~. .~.~ ry.~ ~ ~~. .~ U~~..~ .~!~ . q ty.. ç ~.~ ~ ~~~. . ~ ~~~~ ~ g.~ . ~ p .~.~ L~ ~...}.~ ~.~:. ..... .....................,... ......................."
..... ........
..~~~.~~~~~~~~ ~~~~~~ ~ ~:.~ ~~~..=:.~~.~=~..bI <£ £tIt
APPROVED FOR INCLUSION IN COUNOL PACKET: ($'
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACfION:
_APPROVED
DENIED
_TABLED/DEFERRED/NO ACTION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item 5C
DATE:
7 April 1998
TO:
Parks, Recreation, Public Safety & Human Services Committee
Philip D. Keightley, Deputy City Managerdl!-
FROM
SUBJECT:
EMS Memorandum of Understanding
Backuound.
The voters have approved the continuation of EMS services at the last election, Jim Hamilton,
Administrator of the Federal Way Fire Department, has been appointed by the Mayor to be the
City's representative on the King County Committee that will recommend how EMS services will
be financed in future years. As a part of the negotiations with King County before the EMS
election, it was agreed that South King County agencies would have the option to provide EMS
if King County elects not to provide the service. The attached MOU follows up on that agreement.
Staff recommendation.
City Council approval of the attached Emergency Medical Services (EMS) Memorandum of
Understanding (MOU) between King County, Kent and Federal Way which states that "if King
County elects not to continue as the provider of advanced life support services through the King
County Medic One program, that the Cities of Kent and Federal Way shall have the option, in
cooperation with other fire department providers, to take the lead in the creation of a new entity
to operate advanced life support services in South King County".
Committee recommendation.
Move that the City Council at their next meeting authorize the Mayor to execute the attached
MOU for EMS services.
APPROVAL OF COMMITTEE REPORT:
~aæ :o~;;: :~be; "; c?~ ~~
MEMORANDUM OF UNDERSTAND11~G
BETWEEN KING COUNTY, CITY OF KENT, AND CITY OF FEDERAL WAY ON
EMERGENCY MEDICAL SERVICES IN SOUTH KING COUNTY
This Memorandum of Understanding is entered into by the King County Executive and the
mayors ofthe City of Kent and City of Federal Way, and is intended to be a mutual expression
of understanding related to the provision of Medic One emergency medical services in South
King County.
King County and The Cities of Kent and Federal Way mutually agree that the following principles
will guide future decisions regarding emergency medical services:
.
The delivery of Medic One emergency medical services should continue to be provided by
a regional network of King County, cities, and fire districts that promotes the integration
of advanced life support and basic life support services;
.
The Medic One emergency medical service system should be regionally coordinated to
ensure continuity of patient care across King county. Such service delivery should be
based on efficient, high-quality patient care.
THEREFORE, the parties mutually agree that if King County elects not to continue as the provider of
advanced life support services through the King county Medic One program, that the Cities of Kent
and Federal Way shall have the option, in cooperation with other fire department providers, to take
the lead in the creation of a new public entity to operate advanced life support services in South King
County. This new public entity may include either agency, both agencies, or a network including
other South King County fire department providers, as providers of advanced life support services in
order to assure the continued provision of efficient and integrated emergency medical services in
South King County consistent with the principles enumerated above.
This Memorandum of Understanding may be executed in counterparts.
(KIng Count:
(,
\,
g-~
Ron Si
Date:
? - f J ' C;ó'
City
Date: 3 -j l-fr
City of Federal Way
Q\t~~i .
By:
Ronald Gintz, Mayor, City of Fcderal Way
Date:
MEETING DATE: April 21, 1998
..r-
ITEM# .-1L. ( 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 - City Council Regular Meeting - April 7, 1998
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""............
SUMMARYfBACKGROUND: Written minutes required by the Revised Code of Washington (RCW)
""""""""""""""""""""""""""""""""""""""""""""""""""""""""'" """"""""""""""""""""""""""""""""""""""""""""""""""""""..............,.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approval of minutes as presented.
""""""""""""""""""""""""""""""""""""""""""""""""'"""""""""""""""""""""""""""""""""".".............,...."""""""""""""""""""""""""""""
.. .~.~~.. ~~ ~ ~.~ ~..~ ~ ~.~~~ ~~ ~ ~.~ ~ ~~.. .~~ ~ ~~.~~~..~ ~ .~: ~.t ~.~.. ~.s.. ~ ~ ~ .~.~~.~ ~.~ .'.., ~ A.~.....................
APPROVED FOR INCLUSION IN COUNCIL ~
PACKET: \.lJ)JI
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
- TABLEDIDEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I: \agenda. bil
MEETING DATE: April 21, 1998
ITEM# :xL -þ- ,L
.......................................................................................................................................................................................
................................. ... .... ............... ......
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
. . . ~ ~~.Q'.:....... ~.~ ~ g ~ .~.~ !.~.~.~~.. !.~.~£ ..~. ~r~9'...~r..~ g~~..:: - ~ ~g~ ~.~ ~ ~ ..~.~ ~.g.~ .~.~ !~. ~.~.~... ... ................ ....... ... .. .. ........ . ..
.. ....
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
_PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
........ ....... .................... ...................................... .............. ........................................... ....................................... ..................
.............................................. ...........
ATTACHMENTS: Memorandum to the Parks, Recreation, Public Safety, and Human Services Committee
.......................................................................................................................................................................................................
.............................................
SUMMARY /BACKGROUND: Residents in the Brigadoon neighborhood have actively requested the
installation of speed humps on 32nd Avenue SW/3Oth Avenue SW between SW 338th Street and SW 332nd
Place to reduce traffic speed along that route. Affirmative votes accounted for more than 50% of the adjusted
base in three of the five locations balloted. Locations #4 and 5 did not meet this criteria, however staff will re-
ballot area 4 to correct a clerical error.
.......................................................................................................................................................................................................
.............................................
CI1Y COUNCIL COMMITIEE RECOMMENDATION: At its April 13, 1998 meeting, the Committee
recommended approval of the staff proposal to install three speed humps on SW 338th Street, 32nd Avenue
SW, and 30th Avenue SW.
...................................................................................................................................................:.................................".".""""£M"."."...
..."".."""""'.".."".
.:::::;;:: = ~:::: :: = ~ 7 ~.: = ~ l Û { ~....
(BELOW TO BE COMPLE1ED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
_DENIED
- TABLED/DEFERREDINO ACTION
Ie \counciIlagdbil1s\ 199 8\3Oswsh. cc
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item SA
CITY OF FEDERAL WAY
CITY COUNCIL PARKS, RECREATION,
PUBLIC SAFETY, AND HUMAN SERVICES COMMITTEE
Date:
April 6, 1998
From:
Richard A. Perez, Traffic Engineer fÇf"
Subject:
Neighborhood Traffic Safety Program - Brigadoon Neighborhood
Background:
Residents in the Brigadoon neighborhood have actively requested the installation of speed humps on
32nd Avenue SW/3Oth Avenue SW between SW 338th Street and SW 332nd Place to reduce traffic
speed along that route.
A traffic study conducted by staff in August 1997 indicated that the subject location would receive
0.5 severity point for traffic volume, 0.5 point for traffic speed, and 2.5 points for accident
experience. Therefore, the total severity score is 3.5 points, which meets the 3.0 minimum to qualify
for speed humps installation.
In a neighborhood meeting staff conducted on October 30, 1997, residents requested the installation
of five speed humps at a maximum spacing of 600 feet to be effective in reducing speed along that
route. As a result, staff sent ballots to property owners and occupants within 600 feet of the
proposed locations. The following table summarizes the ballot results:
Location 1 2 3 4 5
Ballots Sent 78 66 98 72 96
Undeliverable 0 1 4 0 5
Adjusted Base 78 65 94 72 91
Returned 47 (60%) 59 (91%) 53 (56%) 13 (18%) 33 (36%)
Yes Votes 44 (56%) 58 (89%) 52 (55%) 13 (18%) 30 (33%)
Over 50% Yes Yes Yes No No
Installation criteria require a 75% return rate with a 2/3 majority of the returned ballots voting
affirmatively, which is equivalent to a 50% majority of the adjusted base. Based on the above table,
only location #2 met the 75% return rate criteria, however, affinnative votes accounted for more than
50% of the adjusted base in three of the five locations balloted. Locations #4 and 5 did not meet this
criteria.
. -/
Committee Recommendations
Staff recommends the approval to install three speed humps at locations #1, 2, and 3 on 32nd Avenue
SW/30th Avenue SW between SW 338th Street and SW 332nd Place.
APPROVAL OF COMMITIEE REPORT:
.......- -
~.L.-~cL.
ommittee ember
MEETING DATE: April 21, 1998
:IZ:p,-)-
""." ........................ ............ ...................... ............ .......... ....... ................... ...... ............................... ............................
...................... ........... .................................
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
... ~~ ~.ç:!~....... ~r~p.~~ ~~ ß. p. ~.~~. .~~ ~ P.. ~ ~~~!!~!1..L~~ ~~! ~ ..ç.~~ ~~.~............................................................ . . .. . . ......... .. ...
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
ORDINANCE
_BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.........................................................................................,.""""""""""""""."."",..",.,."",.."""""",."""",.""....".......................................................
............
ATTACHMENTS: Memorandum to the Parks, Recreation, Public Safety, and Human Services Committee
"""""""""""""."."..."."""",."",.."""""""""""."",.""""""""'."."""""""""""""""".""".."""...".""""'."'.""'.".""""""""".....""""""""""".."'.""..".".
SUMMARY /BACKGROUND: Staff received several requests to change the current speed humps
installation criteria for a variety of reasons highlighted as follows:
1.
Definition Qj Impact Area:
A petition signed by several residents and other verbal and written requests were received to expand
the definition of impact area to include all residents whose sole source of ingress and egress would be
affected by the proposed speed hump. Staff proposes to include areas where the sole source of access
would have a proposed speed hump installed.
2.
Method q/ Deliverinz Ballots:
Several residents expressed concerns about the difficulty of receiving their ballots when all adults in the
household are working during the day. Current criteria requires mailing the ballots via registered mail,
which requires an adult signature. In addition, registered mail processing is costing the City significant
additional postage and staff time. Staff proposes to use first class mail for sending ballots.
3.
Ballots Return Rate:
Current criteria require 75% of ballots be returned to validate the vote. Based on staff's experience
with previous ballots, this criteria is very difficult to meet for a variety of reasons including lack of
residents interest on whether speed humps were installed or not, outdated/inaccurate addresses, and the
signature requirement for registered mail. Staff proposes to require an affirmative vote ITom only 50%
of deliverable ballots.
.......................................................................................................................................................................................................
.............................................
CI1Y COUNCIL COMMITfEE RECOMMENDATION: At its April 13, 1998 meeting, the Committee
recommended approval of the staff recommendation to modify the speed hump installation criteria.
..........................................................................................................................................................................................."".""",.",..
"""",.""......"""",.""..".
:: ~:.~: ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~:,'.: ~:. ~~:::::::::::::::
APPROVED FOR INCLUSION IN COUNCIL PACKET:_ilP
(BELOW TO BE COMPLE1ED BY CIlT CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLEDIDEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
k:\oounciI\agdbil1s\ 1998\spdbmp.crt
Item 5B
CITY OF FEDERAL WAY
CITY COUNCIL PARKS, RECREATION,
PUBLIC SAFETY, AND HUMAN SERVICES COMMll-l'EE
Date:
From:
Subject:
April 6, 1998
Richard A. Perez, Traffic Engineer Rf
Proposed Speed Humps InstallationlRemoval Criteria Modifications
Background:
Staff received several requests to change the current speed humps installation criteria for a variety
of reasons highlighted as follows:
1.
Definition of Impact Area:
A petition signed by several residents and other verbal and written requests were received to
expand the definition of impact area to include all residents whose sole source of ingress and
egress would be affected by the proposed speed hump.
2.
Method of Delivering Ballots:
Several residents expressed concerns about the difficulty of receiving their ballots when all
adults in the household are working during the day. Current criteria requires mailing the
ballots via registered mail, which requires an adult signature. In addition, registered mail
processing is costing the City significant additional postage and staff time.
3.
Ballots Return Rate:
Current criteria require 75% of ballots be returned to validate the vote. Based on staff's
experience with previous ballots, this criteria is very difficult to meet for a variety of reasons
including lack of residents interest on whether speed humps were installed or not,
outdated/inaccurate addresses, and the signature requirement for registered mail.
Committee Recommendation:
Staff recommends modifying the criteria as indicated in Exhibit A to address the above concerns.
APPROVAL OF COMMITTEE REPORT:
ø:
K:\ TRAFFI C\PSHS\HMPCRIT .MEM
Exhibit A
Spud Ir"IIIp$IOCDteIlwitlrin tire ~ of Federtd
Wøy .lraU Ollly be üutøl1ed wlren ( U of tlre
following criJet'Úl tin met:
.......................
1.
Less rcstric:tivc means of cœtroUing
speeding have been attc:mptcd without
success (Lc. neighborhood radar read«
board, special ad'orcancnt, sneed watch.
signing, etc.).
2.
The proposed speed hump sbaII be
1ocatcd em a residential strœt func:tiœaIIy
clusified 8S local or minor collector.
3.
The pi oposcd speed hump sbaII œIy be
installed em strccIs which have no man:
than twò laDes, or wbcrc the overall
pavaucat width is not greater than 40
feet.
.t. Speed h..q.& sbaH not bG I<IC4tcd oa. 4
.' ,.....-
1"--.1 ... a........... -6"""'.1 ......"""
------ -~
--....... a....-
5. Speed h~ sbaH not bG Lxatcd (ì4 4
tlanslt or tude 10..11:..
~.
Speed humps sbaII not be 10CIItcd 011
strccIs cllISSificd IS arterial or priDcip8l
collector.
T~
To be mnmdered forSDCCd hlDl1D
installation. a petition must be submÌtted
signed by owners or residents
Iq)reseniine at least ten lots or pan:els
within thc~cctcd an:a.
6.
The total sevcri~ score bued 011 8CCÍdœt
history, average daily traffic, and 85th
pcn:œtiIc speed IS shown 011 Table I
shall be at least 3.0.
&1.
No speed hump shall be installed within
600 feet of a traffic signal or 250 feet of a
stop sign.
91.
No adverse sIrœt c:bInc:tmstics exist,
such IS steep gntdcs in CItOCSS of r,4 or
sevc:rc horizontal or vc:rtic:aI cum:s.
YL.- ~-'-',...,- -'--'-' 1..- --,..-..
"'"'"'1"""""""""""""""'" "'" ....-
..o.L!-.L-'_~1 _---'.d.. '_u.ol-- -
..,...........--....... ,- ..,......... U&8&&.
L^^ß!_~_~-"--_..I'-- _"_"""""'ul
vvv "...'" ................... ,....... ...... ............
---- --'.oL '--_.01-- -'-'- ~---'--
..... . - .. ,... ...... ....... LLW&UUUU& """1'1""6
". . . '~~Irr~
.............. ... """", U.1 nn.... a v.
ie2.
Property owners md n:sidmts OIl
property abuUmg stRcts within 600 feet
of the location affected by the proposed
speed hump, mc:asurcd along sIrœt
ccoterlines and those who must drive on
the h~ps IS their sole """"'s route IS
determined by the Public W arks Director:
shall be sent by I'(..~k:.od first cllSS mail.
a ci~ prepanxl or approved ballot.
Property owners who II'C also residents
will receive one ballot, although if
returned, will be equivalent to two votes.
15" of IlK. ballò~ au....t bG rct.1rncd to
nlidall:. III(.. y,*-. T"o-1Iwds (61"> HAlf
ŒrÆ. of the rc:tumcd deliverable ballots
must vote affirmatively, concurring with
the instaIIatiœ of speed humps. pavcmcut
markings. and signing. To qwdif, for
......11 .. .'.' ~L- --1.."""""""'"
V<U&VUU60 . I^""uvu ......., "'" "UU""""'"
£i&OOd b.1 O..4OI~ 01 ICSldatU
tcpl~ at leat tœ. (l~') ~ of
the.lots« par~ ..illW Ih<..dl\:dcd
arc:&;
Ii&.
The legal posted speed limit sbalI DOt
ca::ccd 25 MPH.
IiI.
Speed humps shall DOt be installed at
loc:atioas which have less than the
mi~Jm safe stoppiDg sight cIistaDce IS
dctamincd by AASHTO which is ISO
feet at 2S MPH.
I). Wbœ åtst.I&d to ðM'-'S accidcat
--LI~_----"---------'----"" .. . .
I""""""'" "'I"""" ~ ........... ...............
0. t~ the. casual cffixts of ~
aocidcøts.
.. .... . "--'~' I. .
. "T. ........ ............... .... ................. I"""">u.....
~---- --'-""-~---'-----'--
""""'.1 ........... "'6"""""'" ~u,<U&
-6y;t.1 5ho.dd bG p1GSCð:l
152.
An cngincc:ring analysis of the
surrounding area concludes siguificant
adverse residential traffic diversiOl1 will
not result from the installation of speed
humps.
16;1.
Storm drainage problems created by the
installatiem of speed humps can be
adequately addressed.
1:8
~ II IN I VI I 00
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Speed Irumps located witlrin tire City ofF dual
Way ""'1 be removedwlren alloftlrefollowing
criteria are met:
.......................
.l
To be considered for ~ hllrq)
removal a petition must be submitted
siencd ~ owners or residents
n;prcscntine at I~ ten lots or pmels
within the affcctod an:a.
+2.
Property owners and residents œ
property abutting streets within 600 feet
of the location affcctod by the proposed
speed hwup,lDC8StIRd along street
ccutcrlincs and those who must drive on
the mmtps as their sole .....-.-. mute as
ddnminM ~ the Public Wodes Dirrrlor.
shall be sent by 1~1ici..d first class mail.
a city prepared or approved ballot.
Property owners who arc also residcuts
will receive one ballot, although if
returned, will be equivalent to two votes.
75% of the. baHol::J œustl><. ...t.......d to
,lItidatC. the. ~ok.. T"o-tbirds (6~') HAIC
~ of the rc:tumcd deliverable ballots
must vote affumatively, concurring with
the Ïll3taHabon mwmlof speed humps,
pavement markings, and signing. :ro
qualify for baJlotin&, <I: pcbho..~ .nu.rt be;
511hlnittcd 5igncd b} o..dI...ò> 01 raidcnl::J
ICpi<.5c.1ll:Ìi1i, At b..t h..u (19%) pacœt of
tll<.. rol::J o. parcd5 "itll:Íl1 the. afW:IOO
area;
r¿.
An adequate review paiod (minimum of
12 months) and subsequent c:oginccring
analysis has been performed to dctamine
the traffic characteristics along the route
and the impacts to the remaining street
system.
K:\TRAFFlCINTSIS PEED HMP .DOC
-,. ~
. : EDERRL
~~ FlY' .
SPEED HUMP INSTÅU.ÅTlON
CRlTERIÅ
I;
1\
r.
I:.
<>
Iii
!g
Ii
I
MEETING DATE: April 21, 1998
ITEM# ..§ (¿ )
"""""""""""'."""""""""""""""""""""""""""""""""""......................................................................................,..........................................................."..
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Purchase of Mowers
........................................".............................................................................."...............................................................................
......................................."..
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
_PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
........................................"........................................................................................m...........................""""""""""""""'"..........................
.......................,...
0" ^I.I A.ç~M.~N:!.~.; .....~~~.~?~.f?~ .~~~.~.Ap.!:Ì.~.!.~}.?~~.. .................... ..................... .........................." .................."....... ...............................,..
.
SUMMARYIBACKGROUND: On March 23, the Parks, Recreation, Human Services and Public Safety Council Committee
approved expending accwnulated mower replacement reserves of $1 03,1 06 to purchase four new mowers. On April 7, the City
Council approved the committee's recommendation to replace four mowers and to expend the accwnulated reserves to purchase four
new mowers.. A "Request for Bids" was solicited for the purchase of four replacement mowers in 1998. Five companies
responded. Bids for new and demo units under 100 hours, which cany full factory w8.lTanty, were requested. The results of the bids
... ~~. ~~!~~~.~.9. .?~. ~~. Ap.~U!).~ ~~..~'?~~~~.!~~. ~.? .~~ ~~~:. ..... ..........................,....... ........... .... ................ ............... .....................
....,.......................
CITY COUNCIL COMMITTEE RECOMMENDATION: On April 13, the Parks, Recreation, Human Services
and Public Safety Council Committee passed a motion to approve staff's recommendation for bid award and purchase
the following mower units for a total of$96,183.33:
~ Vendor
10' Rotary Wing Machinery Components
8' Reel Machinery Components
84" Rotary Western Equipment
72" Rotary Jennings Equipment
TOTAL
~
$35,077.80
$30,299.40
$19,893.34
$10.91279
$96,183.33
"""""""""""'..........................................................,..............................................................................."......................................,.........
.................................
." ~~ ~~~:; ~~ : ~!~ ~~~%~~ ~ ~ ~~ ~ ~ : . .~ ~ ..~~ ~.~.~ ~~. .~.~.. ~~.=.~.~~..~ ~J. ~ Q~.~ ~ ~~ ~ ~ . ~~ . ~ ~ ~~.~~. ~ . ~ ~~.... ..
APPROVED FOR INCLUSION IN COUNCIL PACKET: @
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNOL ACfION:
_APPROVED
DENIED
_TABLED/DEFERREDINO ACfION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item 5D
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
April 7, 1998
From:
Steve Ikerd, Property Services Manager
Subject:
Purchase of Mowers
Background:
On March 23, Council Committee approved expending accumulated mower replacement reserves of
$103,106 to purchase four new mowers. A "Request for Bids" was solicited for the purchase of four
replacement mowers in 1998. Five companies responded. Bids for new and demo units under 100
hours, which carry full factory warranty, were requested. The results are as follows (the low bids are
identified in bold):
RFB Results - New Mowers
Mower RANSOME I.QRQ. KUBOTA FORD JACOBSEN
Machinery Western Jennings Coastline Farwest
Components Equipment Equipment Ford Tractor
10' Rotary Wing $44,436.94 $35,838.00 No Bid No Bid $39,747.60
8' Reel $30,299.40 $39,096.00 No Bid No Bid $35,119.50
84" Rotary No Bid $19,893.34 No Bid No Bid No Bid
72" Rotary $17,162.05 $15,056.30 $10,912.79 *$9,648.02 $16,100.94
fcDid not meet minimum specifications.
RFB Results - Demo (Under 100 Hours Full Warranty)
Mower RANSOME TORO KUBOTA FORD JACOBSEN
Machinery Western Jennings Coastline Farwest
Components Equipment Equipment Ford Tractor
10' Rotary Wing (40 Hours) No Bid No Bid No Bid No Bid
$35,077.80
8' Reel No Bid $32,580.00 No Bid No Bid No Bid
84" Rotary No Bid No Bid No Bid No Bid No Bid
72" Rotary $14,074.56 No Bid No Bid No Bid No Bid
Parks, Recreation, Human Services & Public Safety Council Committee
April 7, 1998
Page Two
Staft'Recommendation:
To purchase the following mowers for $96,183.33:
Mower Vendor Amount
10' Rotary Wing Machinery Components with 40 hours and full $35,077.80
factory warranty. Configured to mow tighter
spaces than the Toro product.
8' Reel Machinery Components $30,299.40
84" Rotary Western Equipment $19,893.34
72" Rotary Jennings Equipment $10,912.79
TOTAL $96,183.33
Committee Recommendation:
Motion to approve staff's recommendation for bid award and purchase the four mower units for a total of$96,183.33.
COMMIITEE REPORT: ,
~t?~~.<- ~~'.t.- 'f-,
C.ommittee Member mmittee Member
C
- ~E.~ ~ ~ ::\_~ = -. ~ r i~.:. ~~. .!?~~_._._.. -.-.-.. -. -. _.._._~~~- ..~.9.). -..-. .-. -. -. - ..-..- ..-..-..-..-.
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Wetland/Stream Inventory
-.. - .-. - n -. -. _u_. -. - ..-. -. _n -. -. - n_. -.-..-.-. -.. -.-.- ..-. - -. -..-..-..-..-..-..-.. -.. - U -..- - -. -.-..-.. - U - u- n -.. -.
CATEGORY: BUDGET IMPACT: up to $50,000
XCONSENT
ORDINANCE
BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $ 0
Expenditure Amt: $50,000
Contingency Reqd: $50,000*
--.----_u_____n_._._U_.----____._n_._._n_._._..___._n_.--._u_u_u_.._n_.._.._u_.._n_._.____._.._n_.__u_..-.
ATTACHMENTS: 1) March 31, 1998 Memorandum to the City Council Land Use and Transportation Committee
2) Grant Chart
_.___n_._._.-.-.-.___._n_._._._._n_'_.__-.--'---.-.---.---.-.-..-.-.-.-._u_--._.___n_._.__-.-.-._._._n_-_.-.---.
SUMMARY/BACKGROUND: The City Council Land Use and Transportation Committee has recommended the
Sensitive Areas Ordinance be put on hold until a wetland/stream inventory can be completed- The primary purpose
of the inventory is to determine how much of the wetlands within the City and the P AA boundaries would fall into
each of the proposed classifications. *The Committee recommends pursuing grant money to pay for as much as
possible but that the City Manager's contingency fund be used if grant money is not available in time to complete
the inventory by the end of the year. The cost breakdown is wetland/stream inventory $39,000, intern $6,000, GIS
work $5,000.
_._n_u - - - - - - - .-- ------_u_.-.------.-.-.-.-.-"-.-'-.-.-.-'-.-'- ..---.-.-.-..-.-. -. _._n_._._.- .-.-._._._n -.-.-.-.--
CITY COUNCIL COMMITTEE RECOMMENDATION: Approval to hire consultants and staff to complete a
wetland inventory by the end of the year using grant money if possible and City Manager contingency money if
needed up to $50,000.
-~ ~~:; ~ ~ ~ ~; ~~~~~;;;;~~~ ~ ~ ~ - ~- ~. ~. -. ~ : A ~/¡-. 72ïi - - --
-~-;;~~~-;Z;;.~~~~~;~z;~n~~_~~~~~~-~~ c~~~~._._u_._._._._n_._._.~-~._.
(BELOW TO BE COMPLEIED BY CI1Y CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERREDINO ACTION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
MEMO
FROM:
Land Use and Transportation Committee
Kathy McClung, Deputy CDS Director ~
TO:
DATE:
March 31, 1998
RE:
Wetland Inventory
I am still trying to get information regarding possible funding
sources for a wetland inventory. I will give you a verbal report
Monday on the latest information I have. My preliminary research
shows that there is a good chance we would qualify for a small
grant of $5,000 through the Regional Water Quality Block Grant
funds and we may be able to get it fairly quickly. However, most
other grants are a long review process and if we were successful
would be available next year. Unfortunately, most programs will
not allow reimbursement for work already done.
I have asked Dyanne Sheldon to provide me with an additional
estimate for the consultant work within the PAA boundaries and an
estimate for a stream inventory. If I get her information before
Monday, I will put it in your boxes, otherwise it will be
provided on Monday night.
Although the LUTC has only asked for wetland inventory
information, this may be an appropriate time to also discuss the
inventory of streams. The Stormwater Management Division of
Public Works could benefit from an inventory of streams,
specifically, the distinction of major and minor streams and
drainage channels. This information is beneficial for
maintenance purposes and would save time and money at the time a
water quality or storm drainage project is started. To do this
inventory at the same time a wetland inventory is done would save
the City money because of the economy of scale. Additionally, it
would provide information about the connectivity of wetlands and
streams which would benefit both the stormwater division and
planning.
More to come later...
Possible Wetland Inventory Funding Sources
AGENCY GRANT AMOUNT DEADLINE TIMING
u. S. Fish and Wildlife Service Wildlife Conservation and Appreciation $3,333 - $76,000 September 1 ISO days
Fann Service Agency Conservation Reserve Program $50 - $50,000 Varied 7 - 120 days
Office of Water, EPA National Estuary Program $10,000 -$795,000 June I 90 days
Natural Resource Conservation Service Water Bank Program $7 - $75 per acre None Variable
National Oceanic and Atmospheric Admin.. Habitat Conservation Highly Variable None 90 - 120 days
Natural Resource Conservation Service Wetlands Reserve Program nla None 60 -180 days
U.S. Fish and Wildlife Service Coastal Wetlands Planning $19.428 - $1,609,731 September 1 120 days
Office of Water, EPA Wetlands Protection Grants $1,500 - $489,000 TBD 4 months
Safe Drinking Water Act State Underground Water Source Protection $31,300 - $1..008,100 June 1 Annual
Environmental Protection Agency Smveys, Studies, Investigation Special Purpose $1,000 - $5,000,000 None Variable
Environmental Protection Agency Wetland Protection: Development Grants SI,500 - S489.000 TBD Terms
Natw'al Resource Conservation Service Watershed Surveys and Planning nla nIl Dla
Metro King County Waterwor1cs $5,000 or less None Variable
Metro King CoWlty Waterworks $5,001 - + April 30 Unknown
King COWlty Surface Water Mgmt. Waterways 2000
Puyallup Tribes No Grants Available
Pierce County CooIserv,.ûnß DiatriQt referred to Deparbnent of Ecology
-_h, - --
Department of ~~ Clean Water Fund/Coastal Zone Management March
- ,~."*"",-'-- :.
;.
~'
f',
'.
... ~~I~.G.. ~~ ~ L~. P~. ~.!! J?? ~............... ..... .................... ..... ... ~
:¡r~)
................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
/;~
SUBJECT: PUGET SOUND ENERGY FRANCmSE
....... ...... ........................ ...... ...................... .................................................................. ............ ........................... .................
............. ............................................
CATEGORY:
BUDGET IMPACT:
XC ON SENT
x... ORDINANCE
BUSINESS
HEARING
FYI
RFSOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
X 0 mER : MEMORANDUM
OF UNDERSTANDING
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
........ ............. ............................... ""."."."""""""".""""""""""""""""""'."."" ................................................ ........................................
..................... ..........
ATTACHMENTS: Puget Sound Energy Franchise Ordinance and Memorandum of Understanding Regarding
.....................................................Y~g~.~~2~.~~g~~~~~1..~..~~~.~~.~.f.f~~!M~~I..~.B:~!i..~~~D'..~~~.~.~~~.~!~~...............
SUMMARY/BACKGROUND: This is the second reading and adoption of the Puget Sound Energy Franchise
Ordinance and Memorandum of Understanding, which allow Puget Sound Energy to locate its facilities in City rights of
way. The City has been in negotiations with Puget Sound Energy ("PSE") and its predecessor, Puget Sound Power and
light Company, for almost four years. At the first reading of this Ordinance on November 18, 1998, it was moved to
December 2, 1997 for adoption. At the December 2, 1997 City Council meeting, the City Attorney advised Council
that PSE was not in total agreement with Council Committee's requested changes that were made to the Ordinance and
that contract discussions were continuing. Therefore, a motion was made to postpone the second reading and adoption
of the Franchise Ordinance until such time as the City Attorney's office and PSE's attorney could reach an agreement
regarding amendments previously requested by Council.
The issues have now been resolved between PSE and the City, and the attached Franchise Ordinance and Memorandum
of Understanding ("MOU") are now presen1ed 10 you for your approval, which Franchise has been marked by underlining
and striking to reflect changes made 10 the Franchise between the 1st and 2nd readings. Some of the Franchise provisions
have been moved to the MOU. The MOU is a legally enforceable contract with PSE and violation of the MOU allows
the City 10 terminate both the MOU and the Franchise. Section 3.2 Existin¡ Facilities of the Franchise has been deleted
to eliminate any franchise rights outside of the public right-of-way. Sections 5.5 Pole R~lacement and 5.6 Facilities
Abandonment of the Franchise have been revised and moved to Section 2 of the MOU. Section 25 Customer Service
of the Franchise has been revised and moved to the MOU, Section 2(b) to require PSE to maintain its repair trucks at
a location to allow PSE to respond to service requests within a reasonable time period as opposed to within 10 miles of
the City boundaries. Section 28.12 Additional Services has been revised and moved to Section 2(d) of the MOU to
provide that PSE will continue to upgrade its electrical system.
.............. ................................ ............."........... .................................... .................. ......................... ..........................
................ """"""""". ........................... .....
CITY COUNCIL COMMITTEE RECOMMENDATJON: The Finance/Economic Development Committee
considered the proposed PSE Franchise Ordinance on October 23, 1997 and recommended forwarding the Ordinance
to the full City Council for approval, with a number of amendments, including reducing the term frO[) years to 10
...Y.Ÿ.~!:~:..............................................................................................................................................................."""""".""."""""""-
...........................
"""""""""".'.""""""...'.""""."".."."""".""... '."""'.""""""".""""'.'."".".'.""'.."."""'.""".""""........ """"""""".""'."""""'."""""""""""."""".."'.'"
CITY MANAGER RECOMMENDATION: Recommend approval of the amended Franchise Ordinance and
recommends entering into Memorandum of Understanding, which approval shall be subject to PSE delivering to the
... ~.~~. .~:. ~:~~:. ~~=:~.~:~~: .~..:.:.~.~.~~..~:~~: .~.~.:~ .~:.~ J;fi. ~ :~~..~:~:~. ~ ~ ~~:: ~...........
APPROVED FOR INCLUSION IN COUNCIL PACKEf:~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACfION:
APPROVED
DENIED
T ABLEDIDEFERREDINO ACfION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
I~~
K: \AGNDITEM\PSE2DcI. FRN
/~ : i /;lj~97
- 2u-J~?
Motion of City Councilmember Mary Gates re: Puget Sound Energy Franchise
Ordinance
~ ~ (~ &'
(tPJ
Motion: I hereby move to approve the amended Council Bill No .184, the Puget
Sound Energy Franchise Ordinance, and direct the City Manager to enter into the
Memorandum of Understanding Regarding Vegetation Management, Maintenance
of Facilities and Reliability Enhancement Plan with Puget Sound Energy, which
approval shall be subject to Puget Sound Energy delivering to the City the..frau~fu:s~
administration fee as required by Section 24 of the Franchise Ordinance.
k:\motions\pse.ord
ORDINANCE NO.
DRAFT
if-ref -q '?
Ch{¿l'\~ ~-fw~ .Id-
.¿,vviL ~ (" e~ "S
AN ORDINANCE OF THE CITY COUNcTI.. OF THE CITY OF FEDERAL
WAY, WASHINGTON, GRANTING PUGET SOUND ENERGY, ~, A
WASHINGTON CORPORATION, A NONEXCLUSIVE FRANCmSE TO
HAVE AND USE ITS FACILITIES IN, UPON, OVER, UNDER, ALONG,
A CROSS AND THROUGH THE FRANCHISE AREA W ITHlN THE CITY
FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF
ENERGY FOR POWER, ELECfRICAL HEAT, AND LIGHT AND TO
COLLECf TOLLS, RATES AND COMPENSATION FOR SUCH ENERGY
AND SUCH USES.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
The City of Federal Way has determined that the general public health. safety, welfare,
necessity and convenience require that power, heat and light facilities be constructed, maintained and
repaired in an orderly manner when such facilities are located in, under, on or along City roads,
streets, alleys, and rights of way.
Section 1.
Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2
"Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director of the City of Federal Way Public Works
Department.
1.4 "Facilities" means poles (with or without crossarms), wires, lines, conduits, cables,
communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient
appurtenances thereto, whether the same be located over or under the ground for the purposes of
transmission, distnòution and sale of energy for power, electrical heat, and light and to collect tolls,
rates and compensation for such energy and such uses.
1.5 "Franchise Area" means rights-of-way for public roads, streets, avenues, alleys, and
highways of the City as now existing, or as hereafter laid out, platted, dedicated or improved within
ORD#
. PAGE 1
the present limits of the City and as such limits may be hereafter extended. The Franchise Area does
not include any other public property owned, in whole or in part, leased, or otherwise occupied by
the City.
1.6 "Franchisee" means Puget Sound Energy, Inc., a Washington corporation, and its
respective successors and assigns.
Section 2.
(;ranUi\cceptance
2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of
this Franchise, the right, privilege, authority and fÌ"anchise to:
(a) Construct, set, erect, install, support, attach, connect, maintain, repair, replace,
enlarge, operate and use its Facilities in, upon, over, under, along, across and through the
Franchise Area for the purposes of transmission, distribution and sale of energy for power,
electrical heat, light and any other lawful purpose for which energy can be used; and
(b)
To charge and collect tolls, rates and compensation for such energy and such
uses.
2.2 R-e~el v Mion ofRi¡ltts. SubjeGt to Subs~ction 3.2, FI411chisce shall retAin the right to
rmitdait¡, ref1aìr m.d operate its FaGiliti~s instaHed pursuant to prior franchi~e agreenlcnts regmdless
of wheth~1 said FaGilitie~ are ol1tside the FJanchise Area u defin~d by Subscctioh 1.5 l.clciu.
2.3-2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance
of this Franchise and all of its tenns and conditions.
Section 3.
Non-Franchise i\rea City Property
3.1 Limitation. This Franchise shall not convey any right to Franchisee to install its
Facilities on or to otherwise use City-owned or leased properties outside the Franchise Area.
3.2 L'XÏstÏr\¡ Facilities. ThåSbn.A Fac.ilities iMtaHed 01 mtd1.tait.ed by FrAhcmsee on public
grounds and plaGGs ~ithin tI.e Cll, in a\%ordance with prior existing ffAlld1ise agreements with
remaining terms (but which such Facilities are not within tI.e Flanchisc Area M defined by this
Fnllchise-) may be maintained, repaired and operated b:y F1mlChisee at the location such Facilities exist
M of the effective date of this Franchise for the te11h of such existing fianå1Ìse agreements, provided
howcveI, that no such Facilities nul be Cldarged, improved or expanded without the prior rev;cw m.d
apploval of the City put"SWUd to applicabl~ orditWlGeS, cod~s, resolutions, stM.dð1ds M.d proced(lIcs.
ORD#
. PAGE 2
Section 4.
1'mD.
"
Subject to Franchisee filing its acceptance pursuant to Subsection 2.3, the term of this
Franchise shall be for a period often (10) years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to the terms of this Franchise or other applicable law.
Section 5.
Location of Facilities
5.1 Ma.I2s. Upon written request of the City, Franchisee shall provide the City with a map
showing the approximate location of major components of Franchisee's existing electrical system
within the Franchise Area. Upon written request of the City, Franchisee shall update such map to
reflect actual or anticipated improvements to the system. Any such map (or update thereof) so
submitted shall be for infonnational purposes only and shall not obligate Franchisee to undertake any
specific improvements, nor shall such map be construed as a proposal to undertake any specific
improvements.
5.2 GIS Data. At such time as Franchisee develops and deploys Geographic Information
System ("GIS") technology for its electrical utility maps and records throughout its service area and
has such information available in digital GIS format for its Facilities within the Franchise Area, the
City may request, by written notice to Franchisee, that the parties promptly instigate negotiations with
the objective of amending this Section 5.2 to make provision for the distribution of such maps to the
City in digital GIS format and for disclaimers the parties may include relative to such distribution if
such disclaimers are agreed to by both parties. In the event the parties cannot, within a reasonable
period of time after Franchisee's receipt of the City's request, reach an agreement as to the terms of
such amendment, either party may, by written notice to the other party, demand that the foregoing
issue be submitted to mediation under and pursuant to the Mediation Rules of the Judicial Arbitration
and Mediation Service in Seattle, Washington. If the parties cannot resolve the issue through
mediation, this Franchise may be terminated by either party providing sixty (60) days written notice
to the other party.
5.3 Desi¡n Markin¡s. Franchisee shall further provide the location of Franchisee's
underground Facilities within the Franchise Area by either field markings or by locating the Facilities
on the City's design drawings, and shall provide all other reasonable cooperation and assistance to
the City, upon the City's reasonable request, in connection with the City's design of new streets and
intersections and major renovations of existing streets and intersections and all other public street
improvements.
5.4 No Warran~ or Waiver. Nothing herein is intended to relieve the parties of their
respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to
detennining the location of utility facilities prior to construction. Further, neither the provisions of
this Franchise nor the absence of any specific provision in this Franchise is intended to limit, detract
fÌ"om or render ineffective any disclaimer (mcluding, without limitation, any disclaimer as to accuracy
ORD#
. PAGE 3
or completeness) placed by Franchisee on any map furnished to the City pursuant to Section 5.1 of
this Franchise.
5.5 Pole Replacet(l~nt. FrataGhisee shaH alh~a:a, provide a schedule for FadJ:itie~
replacement aad shaH adrlsG tile Ci~ of tile use1ùJ.lifè ofns poles. If at a., titfle the City det.~lU¿lle~
that a pole. or poles pres~nt a danger to the health, wclfae, or safety of the dtizens ofFedera:l VtTlt'j,
F1a1clüsee shaH remove. or replac.e the pole(s) at FranGhisc.~'s expehse. In the evedt Franchisee fA.il~
to Ienlo~e 01 Ieplace Stich pole(s), the City may elec.t to pelfoClu this work: pursuant to Section 13.
[SEE MOU, SECTION 2(a)]
5.6 Facilitic.s Aballdonmeht. The Fratlchi$«. sha:H notify th~ City ûpOh tIle d¡scoht¡nt1~d
use of an} Fadlity. The Facility sha:H be ru.1Oved b, thG FIancmsee withit. ninety (90) days of the
datG tile Fadlitfs use is discontinued, the date the Facility ceæes to be operational, or if the FaGilit}
fa:Hs into diStep8Ïr and is not maintained, as deteunincd b, the Cit}. Hthe Frl11chisee fails to remove
tile Fadlity upon ninety (90) œys onts discontill~ed 1:1SG, the Cit) or its ageht ma, Gause the FadIit}
to be. relhoved at tIle Fl alc.msee' 05 expe.nse pk:11suant to Section 13.
[SEE MOU, SECTION 2(c)]
Section 6.
Ve&etation
WAC 296-44-31719 states that "[t]rees which may interfere with ungrounded supply
conductors should be trimmed or removed." Franchisee shall coordinate its routine vegetation
management activities with the City and will trim vegetation in the vicinity of its Facilities within the
Franchise Area in compliance with all City ordinances, regulations, resolutions and rules. However,
such obligation to coordinate and comply shall not limit Franchisee's right under this Franchise to cut,
trim or otherwise remove vegetation at any time within the Franchise Area which, due to proximity
to Franchisee's Facilities, poses an imminent threat to property, public safety or continuity of electrical
servIce.
Section 7.
Noninterlerence of Facilities
Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area so
as not to unreasonably interfere with the free passage of traffic and in accordance with the laws of
the State of Washington and City ordinances, regulations resolutions and rules.
Section 8.
Requirement of Permits
Franchisee shall, at its expense, obtain all permits and pay all permit fees required by
applicable City ordinances, regulations, resolutions and rules prior to commencing any work within
the Franchise Area~ provided, however, that in the event of an emergency in which Franchisee's
Facilities within the Franchise Area are in a condition as to immediately endanger the property, life,
health or safety of any individual, Franchisee may take action immediately to correct the dangerous
condition without first obtaining any required permit so long as such permit is obtained by Franchisee
ORD#
. PAGE 4
as soon as practicable thereafter. Applications for right-of-way permits shall be presented to the
Public Works Department, which applications will require performance bonds, plans, blueprints, cross
sections, or further detailing of any work to be performed, at the Director's discretion.
Section 9.
Standard of Peñormance
Franclùsee shall, in carrying out any authorized activities within the Franchise Area, comply
with all applicable laws, ordinances, codes and standards, as now existing or hereafter adopted or
amended, and in compliance with the terms of this Franchise, whether or not the work is performed
by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's
direction. Upon completion of any installation of Franchisee's Facilities within the Franchise Area,
the lIas-builtll location of the Facilities shall be within two (2) feet of the location of the Facilities
shown in the plans submitted by Franchisee to the City's Public Works Department or closer if
required by State law. Nothing herein is intended to relieve the parties of their respective obligations
arising under applicable law with respect to determining the location of utility facilities.
Section 10.
Survey Marken and Monuments
Franchisee shall immediately replace all markers or monuments, using a licensed surveyor,
disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs
associated with such lost, destroyed or disturbed monuments or markers.
Section 11.
Suñace Markin¡:s/Stakes
"
Prior to Franclùsee commencing any excavation work within the Franchise Area, Franchisee
shall locate its underground Facilities in the vicinity of such excavation work by placing temporary
identification surface markings on the pavement or hard ground, made with spray paint, spay caulk
or temporary wood stakes of the specific color to identify the type of underground utility Facility,
which are color coded and marked to indicate the type of underground Facility, all pursuant to the
American Public Works Association Uniform Color Code Marking Standards as now existing or as
thereafter adopted or amended, and to Chapter 19.122 RCW. In the event of any conflict or
inconsistency between this Section 11 and Chapter 19.122 RCW, as now existing or hereafter
amended, Chapter 19.122 RCW will control.
Section 12.
RestorationJRepair
Whenever it shall be necessary for Franclùsee, in the exercise ofits rights under this Franchise,
to make any excavation or perform any work in the Franchise Area, Franchisee shall, upon
completion of such excavation or work, restore and repair the surface of the Franclùse Area, at its
sole cost and expense, to the same condition or to a better condition than it was in prior to such
excavation or work in compliance with all applicable federal, state, or local laws, rules, regulations
and safety standards, to the City's satisfaction and within a reasonable time period.
ORD#
, PAGE 5
Section 13.
Rieht to Complete Work
In the event Franchisee fails to comply with any applicable federal, state or City laws,
ordinances, rules, regulations or standards or with any of the tenns of this Franchise, and such
noncompliance continues for a period often (10) days after Franchisee receives written notice from
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order
any work completed, including without limitation Franchisee's obligation to repair pursuant to
Section 12 herein and Franchisee's obligation to remove facilities pursuant to Section 14 herein. If
the City causes such work to be done by its own employees or by any person or entity other than
Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all
reasonable costs and expenses inauTed by the City in having such work performed, which costs may
include the City's reasonable overhead expenses. However, the City shall not have any electrical
work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical
contractor reasonably acceptable to Franchisee.
Section 14.
Relocation of Facilities
14.1 Ci~ Reservation ofRiihts. The City reserves the right to use, occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the tenns and conditions of this
Franchise, including without limitation, the construction of any water, sewer or storm drainage line,
installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails,
sidewalks, other pedestrian amenities, and other public street improvement projects.
14.2 City's Duties. In the event the City undertakes any street improvement project in or
use of the Franchise Area as authorized by Subsection 14.1 herein, and such project or other City use
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City
shall:
(a) Provide written notice to Franchisee requesting such relocation within a
reasonable time prior to the commencement of such project or other City use; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications for such project so that Franchisee may relocate its Facilities to accommodate
such project or other City use.
14.3 Franchisee's Duties. After receipt of the City notice requesting the removal of the
Facilities pursuant to Subsection 14.2(a) and receipt of the plans and specifications pursuant to
Subsection 14.2(b), Franchisee shall relocate such Facilities within the Franchise Area at its sole cost
and expense so as to accommodate the street improvement project or other City use.
14.4 Other Relocation. Whenever any person or entity, other than the City, requires the
relocation of Franchisee's Facilities to accommodate the work of such person or entity within the
Franchise Area; or, whenever the City requires any person or entity undertaking any work (other than
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work undertaken at the City's cost and expense or on the City's behalf as described below) within the
Franchise Area to undertake any street improvement project in or use of the Franchise Area as
authorized under Subsection 14.1, and such work, street improvement project or other use
necessitates the relocation of Franchisee's then exisûng Facilities within the Franchise Area, then
Franchisee shall have the right as a condition of any such relocation to require such person or entity
to make payment to Franchisee, at a time and upon terms acceptable to Franchisee, for any and all
costs and expenses incurred by Franchisee in the relocation of Franchisee's Facilities. Any condition
or requirement imposed by the City upon any person or entity (including, without limitation, any
condition or requirement imposed pursuant to any contract or in conjunction with approvals or
permits for zoning, land use, construction or development) which necessitates the relocation of
Franchisee's Facilities within the Franchise Area shall be a required relocation for purposes of this
Subsection 14.4; provided, however, (a) in the event the City reasonably determines (and promptly
notifies Franchisee in writing of such determination) that the primary purpose of imposing such
condition or requirement upon such person or entity is to cause the construction of a water, sewer
or storm drainage line, a public street improvement (including without limitation the construction or
installation of any traffic signals, streetlights, trees, landscaping, bicycle paths and lanes, equestrian
trails, sidewalks, or other pedestrian amenities), on the City's behalf, and (b) such public street
improvement is otherwise reflected in the current "capital facilities" element of the City's
comprehensive plan or other similar City Council-approved improvement plans, then only those costs
and expenses incurred by Franchisee in integrating and connecting such relocated Facilities with
Franchisee's other Facilities shall be paid to Franchisee by such person or entity, and Franchisee shall
otherwise relocate its Facilities within such segment of the Franchise Area in accordance with the
provisions of Subsection 14.3.
14.5 Exclusivity. This Section 14 shall govern all relocations of Franchisee's Facilities
required in accordance with this Franchise. Any required relocation of Franchisee's Facilities which
also involves a conversion of aboveground Facilities to underground Facilities shall, as to those
Facilities being converted ftom aboveground Facilities to underground Facilities, be arranged and
accomplished in accordance with Section 15. Nothing in this Section 14 shall require Franchisee to
bear any cost or expense in connection with the location or relocation of any Facilities existing under
benefit of easement or other rights not arising under this Franchise
Section 15.
U nder&roundina of FacUities
15.1 By City Req}lest. The City may, by written notice to Franchisee, request Franchisee
to convert its existing aboveground Facilities within the Franchise Area (of 15,000 volts or less) to
underground Facilities in connection with any improvement within the Franchise Area undertaken by
the City including, but not limited to, any street improvement which otherwise requires the relocation
of such Facilities in accordance with Section 14 herein. In such event, such undergrounding shall be
arranged, provided and accomplished in accordance with Federal Way Ordinance No. 91-90, as now
existing or hereafter adopted or amended, and all applicable schedules and tariffs on file with the
Washington Utilities and Transportation Commission or its successor; provided that if any term or
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. PAGE 7
condition of such City ordinance and any term or condition of such schedules and tariffs are in
conflict, the term or condition of the schedules and tariffs shall govern and control.
15.2 At Franchisee's Election. If during the term of this Franchise, Franchisee undertakes
a major replacement of any of Franchisee's existing aboveground Facilities or installs a major addition
of new Facilities within the Franchise Area, such major replacement or addition shall be underground
to the extent required under Federal Way Ordinance No. 91-90, as now existing or hereafter adopted
or amended. Such undergrounding shall be done subject to and in accordance with all applicable
schedules and tariffs on file with the Washington Utilities and Transportation Commission or its
successors.
15.3 Exclusivi~. This Section 15 shall govern all matters related to undergrounding of
Franchisee's Facilities (i.e., conversions or otherwise) in connection with this Franchise.
Section 16.
Default
16.1 Notice of Default. If Franchisee shall fail to comply with any of the provisions of this
Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee
shall have sixty (60) days ITom the receipt of such notice in which to comply.
16.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after
the expiration of the sixty (60) day period, the City may, by ordinance, declare an immediate
forfeiture of this Franchise; provided, however, if any failure to comply with this Franchise by
Franchisee cannot reasonably be corrected with due diligence within such sixty (60) day period
(Franchisee's obligation to comply and to proceed with due diligence being subject to unavoidable
delays and events beyond its control), then the time within which Franchisee may so comply shall be
extended, upon notice to the Director, for such time as may be reasonably necessary and so long as
Franchisee commences promptly and diligently to effect such compliance.
Section 17.
Nonexclusive Franchise
This Franchise is not an exclusive ITanchise. Without limiting Franchisee's rights under this
Franchis~. Rhis Franchise shall not in any manner prohibit the City ITom granting other and further
ftanchises in, under, over, upon, and along the Franchise Area. This Franchise shall not prohibit or
prevent the City ITom using the Franchise Area for any reason not inconsistent with this Franchise or
affect the jurisdiction of the City over the Franchise Area or any part thereof
Section 18.
Limited Ri¡:hts
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. TIUs Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
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Section 19.
Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 20.
Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City may,
after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such
vacated area.
Section 21.
WUTC Tariff
This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with
the Washington Utilities and Transportation Commission or its successor. In the event of any conflict
or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff
shall control.
Section 22.
Compliance with Laws
Franchisee shall comply with all applicable federal, state and City laws, ordinances,
resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted,
including without limitation the State Environmental Protection Act; provided, however, that if any
term or condition of this Franchise and any term or condition of any City law, code, ordinance,
resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition
of this Franchise will control.
Section 23.
Sianale
The City shall have the right, subject to such reasonable rules and regulations as may be
prescribed by Franchisee and subject to the limitations prescribed by RCW 70.54.090 or any other
applicable law, to post City signs on Franchisee's utility poles within the Franchise Area.
Section 24.
Char¡e for Administrative Costs
Franchisee agrees to pay a fee or charge to recover the actual reasonable administrative
expenses incurred by the City which are directly related to receiving and approving this Franchise.
Nothing herein shall preclude the City from recovering any administrative costs incurred by the City
in the approval ofpennits or in the supervision, inspection or examination of all work by Franchisee
in the Franchise Area as prescribed in accordance with applicable provisions of the City's code.
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lmiìi:::11
--
Franchisee recognizes that it is in the best interests of the City and the Franchisee to provide
to Franchisee's customers in the City electric service that is safe, adequate and efficient, and in all
respef..1s just and reasonable. Franchisee shaD respond to inquiries and requests from the City or from
any ants customers as soon as reasonably possible after the inquiry or request is made. Jiranchisce
shall maintain and staff a twenty-four (24) hour phone line and maintain a local office within ten ( 1 0)
miles of Ci~ boundaries and maintain a dispatdl facility, with immediately accessible repair trucks
~itbi , ten (Ie) nùlea ofC;t, bol1ndaries ,.ithin II d;staftc<. ofCio bot.ndarie~ to allow Franchisee to
reapond to service requests within a reasonable time period All of the foregoing provisions are
subject to applicable public service laws of the State of Washington.
[ENTIRE SECTION MOVED TO MOlls SECTION 2(b)]
Section 265. Indemnification
Franchisee agrees to indemnify and hold the City, its elected officials, officers, employees,
agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities
(including costs and all attorney fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising from, resulting from, or
connected with this Franchise to the extent caused in part or in whole by the negligent acts, errors
or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of this Franchise. In the event any claim, demand, suit or action is commenced
against the City which gives rise to Franchisee's obligation pursuant to this Section 26~, the City shall
promptly notify Franchisee thereof, and Franchisee shall have the right, at its election and sole cost
and expense, to defend, settle or compromise such suit or action by attorneys selected by Franchisee
with the prior consent of the City; provided that the City may withhold such consent only on the
grounds that the attorneys selected by Franchisee are precluded by rules of professional responsibility
or applicable law from undertaking such representation. The City shall have the right at all times to
participate through its own attorney in any suit or action which arises pursuant to this Franchise when
the City determines that such participation is required to protect the interests of the City or the public.
In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to
defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full
extent of Franchisee's negligence.
Section 276. Insurance
2%.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City.
(a) Workers compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
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(b) Commercial general1iability insurance with combined single limits of liability
not less than $2,000,000 for bodily injury, including personal injury or death, products
liability, contractual coverage, operations, explosion, collapse, underground and property
damage; and
"
( c) Automobile liability insurance with combined single limits of liability not less
than $1,000,000 for bodily injury, including personal injury or death and property damage.
2%.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurers liability;
(c) Coverage shall not be suspended, canceled, modified or reduced except after
thirty (30) days prior written notice to the City delivered by certified mail, return receipt
requested; and
(d) Coverage shall be primary as to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or
volunteers shall be in excess of Franchisee's required insurance.
2%.3 Verification of Coveraae. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
At the City's request, Franchisee shall deliver certified copies of all required insurance policies.
2%.4 Self-Insurance. In satisfying the insurance requirements set forth in this Section,
Franchisee may self-insure against such risks in such amounts as are consistent with good utility
practices. Franchisee shall provide the City with sufficient written evidence, upon request, that such
insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall
include, to the extent available ftom Franchisee's insurance carrier, a written certificate of insurance
with respect to any insurance maintained by Franchisee in compliance with this Section.
Section 287. Franchise Fees
It: during the term of the Franchise, the Washington State Legislature authorizes the City to
impose a ftanchise fee or other clw'ge upon the sale of energy for power, heat or light, the City shall
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"
have the right, at its discretion, to impose such a fee or charge within the legal limits prescribed by
the authorizing legislation.
Section 298. General Provisions
298.1 Entire A¡reement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effecti~e for any purpose.
298.2 Mntiifir-Slhon. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
298.3 AssiiJ1111ent. Franchisee shall not have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder without the prior written consent of the City.
Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice
of the assignment with the City together with its written acceptance of all tenns and conditions of this
Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such
written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders.
298.4 Attom~ Fees. In the event the City or the Franchisee defaults on the perfonnance of
any tenns in this Franchise, and the Franchisee or the City places the enforcement of the Franchise
or any part thereof or the collection of any monies due, or to become due hereunder, in the hands of
an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
298.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof: or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
defauh at any time. Failure of either party to declare one breach or default does not act as a waiver
of such party's right to declare another breach or default.
298.6 Govemin" Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
298.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and wammts that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
298.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
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Franchisee:
City:
Puget Sound Energy, ~
Corporate Relations Manager Central Region
22828 - 68th Avenue S.
Kent, WA 98032-1834
City of Federal Way
Attn: City Attorney
33530 1st Way South
Federal Way, WA 98003-6210
Any notices may be delivered personally to the addressee of the notice or may be deposited in the
United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
298.9 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
298.10 Remedies Cumulative. Any remedies provided for under the terms of this
Franchise are not intended to be exclusive but shall be cumulative with all other remedies available
to the City at law, in equity or by statute.
298.11 Franchise Coveraae. By Ordinance Number 93-189, adopted on November
9, 1993, the City Council granted a ftanchise to Washington Natural Gas Company to construct,
maintain, repair, renew and operate a gas distribution system ("WNG Franchise"). On or about
February 11, 1997, Puget Sound Power & Light Company and Washington Natural Gas Company
merged to become Puget Sound Energy. The parties to this Franchise agree that this Franchise will
only apply to the transmission, distribution and sale of energy for power, electrical heat and light and
to the collection of tolls, rates and compensation for such energy and such uses and that the WNG
Franchise shall remain in full force and effect.
"
298.12 Additional Set vice!. :&ì the Ovc.nt duÚft& the Tel1H oftilÎ! r~se, F1AllChiseG
ofre1s additional scnices or new tedmoloAY to an, other customer within tile State of'.'la3hiugtoli,
the Sa1ue additional seniGc! or ne~ te-chnology shaH be provided to Flanchisc.c.'s customus within
the City limits, plovidcd, laOwever, that this plo~ision shMi not apply to scr~ices 01 teclmolo~'y that
are beih& offered b,y FrAhcllÎsee 001 a mailed tÙtae pc-liod to uon--Fedelal 'J/tty CaSlOl1'leU £01 the
purpose of tc.sth1& suGh additional $en ices or lIew tcGhnology.
[SEE MOU, SECTION 2(d)]
Section 3629. Severability
If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
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affect the validity or constitutionality of any other section, sentence. clause or phrase of this
Ordinance.
Section *30. Ratification
Any act consistent with the authority and prior to the effective date of this Ordinance is hereby
ratified and affirmed.
Section *31. Effective Date
This Ordinance shall take effect and be in full force thirty (30) days after its passage. approval
and publication, according to law.
PASSED by the City Council of the City of Federal Way this
199798.
day of
CITY OF FEDERAL WAY
MAYOR, hWH..ON S. PRILST
RONALD L. 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:
PUBLISHED:
EFFECTIVE DATE:
K:\ORDIN\PUGETSE.RED
4-14-91
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. PAGE 14
.
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise and
acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions
and obligations contained therein.
DATED this - day of
. 199798.
PUGET SOUND ENERGY, INC.
By:
Its:
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DRAFT
'1 - /'1- - 9 ~)
MEMORANDUM OF UNDERSTANDING
Regarding
Vegetation Management, Maintenance of Facilities, and
ReliabUity Enhancement Plan
This Memorandum of Understanding ("Memorandum"), dated as of .
1998 is entered into by and between PUGET SOUND ENERGY, INC. (formerly Puget Sound
Power & Light Company) ("Puget") and the CITY OF FEDERAL WAY, a Washington municipal
corporation ("City").
RECITALS
A. Puget operates and maintains certain electric transmission and distribution facilities
along public rights-of-way within the City pursuant to a franchise, a copy of which is attached hereto
as Exhibit A and incorporated herein by this reference ("Franchise"). Any capitalized terms used in
this Memorandum and not otherwise defined, shall have the meaning as defined in Section 1 of the
Franchise.
B. Under Section 2 of the Franchise, the City has granted to Puget the right, privilege,
authority and franchise to construct, maintain and use poles and all convenient or necessary
appurtenances, equipment and facilities along and upon the streets, avenues, alleys and highways of
the City (the "Public Rights-of-Way").
C. Pursuant to Puget's right under the Franchise to operate and maintain its electrical
facilities along the Public Rights-of-Way, Puget has implemented a vegetation management plan, a
copy of which is attached hereto as Exhibit B and incorporated herein by this reference ("Vegetation
Management Plan").
D. Puget and the City are willing to work together to address their respective concerns
regarding Puget's vegetation management activities along the Public Rights-of-Way, maintenance of
Facilities and reliability of the Facilities. In order to address these concerns, the parties desire to enter
into this Memorandum.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1.
VEGETA nON
(a) Vegetation Management. Puget will undertake its vegetation management
activities along the Public Rights-of-Way in a manner consistent with the procedures set forth in this
Memorandum and in compliance with conditions issued by the City in conjunction with its right-of-
way permit.
"
(b) Routine Vegetation Management Activities. Puget will conduct its routine
vegetation management activities along the Public Rights-of-Way in accordance with the following
procedures:
(1) Puget will provide the City, on an annual basis, a proposed schedule
of its routine vegetation management activities.
(2) Puget will meet, at least sixty (60) days prior to commencing any
routine vegetation management activities, with a representative of the City to discuss
the City's concerns regarding the timing, scope, nature or method of such routine
vegetation management activities.
(3) Prior to undertaking its scheduled routine vegetation management
activities, Puget will consider any concerns raised by the City and will incorporate the
City's reasonable suggestions as to the timing, scope, nature or method of such
scheduled routine vegetation management activities. Both parties recognize that
differences of opinion will occur, and if such differences occur, the parties will
negotiate in good faith to try to resolve such differences.
(c) Vegetation Removal, Planting and Pruning Activities. Puget will conduct
vegetation removal, planting and pruning projects along the Public Rights-of-Way in accordance with
the following procedures:
(1) Forty-five (45) days prior to commencing any vegetation removal,
planting or pruning project, Puget will notify the City of the project. Such notification
will include but not be limited to the following documentation: (i) geographic and
electrical system maps of the project; (ii) Vegetation Management Standards; (iii) a
copy of any communication between Puget and Puget's customers with respect to the
project and a list of such customers; (iv) a brief vegetation management history and
the demographics for the project; and (v) the proposed description of the planned
vegetation management activities for the project. In addition, for the following
specific types of projects, the notification will also include the following
documentation: (vi) for tree removal projects, the notification will identify the tree(s)
to be removed and the size, location and reason for removal of the tree(s); (vii) for
planting projects, the notification will describe the size, quantity and spacing and the
scientific and common names of the new plants; and (viii) for pruning projects, the
notification will include a pruning plan that identifies the specific areas to be pruned.
(2) Prior to commencing any vegetation removal, planting or pruning
project, the City will conduct a project review meeting with Puget to discuss the
scope of such project, the timing of such project, the landscape plans for such project,
and any memoranda regarding such project. At these meetings, Puget and the City
will review and address tree removal and tree replacement projects on a case-by-case
-2-
basis. The City will agree to any tree replacement project that would provide a
significant enIw1cement to the utility camdors along the Public Rights-of-Way. Both
parties recognize that differences of opinion will occur, and if such differences occur,
the parties will negotiate in good faith to try to resolve such differences.
(3) Prior to the project review meetings, Puget will mark in the field all
trees that are candidates for removal.
(4) Puget will perform all pruning projects under the direction of an
arborist certified by the International Society of Arborculture. Such arborist will be
mutually agreed upon and jointly retained by Puget and the City. Puget will pay for
up to eight (8) hours of arborist review per pruning project.
(d) Maintenance Assurance. Following completion of any planting project
described in paragraph ( c) above, Puget will provide the following maintenance assurance for such
planting project:
(1) Puget will replace any unhealthy or dead plant materials in accordance
with the project plan reviewed by the City for such project. Puget will remove the
dead plant materials ftom the project area within a reasonable time after receiving
notice from the City or otherwise discovering the need for removal. Puget may
replace the dead material during the next dormancy period (e.g., during the fall and
winter months).
(2) Puget and the City will enter into a maintenance assurance agreement
following completion of the planting project. Under the maintenance assurance
agreement, Puget will agree to ensure proper installation, establishment and
maintenance of the planting project for a one-year period beginning with completion
of the project.
2.
MAINTENANCE, CUSTOMER SERVICE AND UPGRADE OF FACll.lTIES
(a) General Maintenance. Puget will maintain its Facilities in good operating
condition and repair. Puget will conduct its maintenance in accordance with the following
procedures:
(1) Puget will provide the City, on an annual basis, a proposed schedule
of its routine Facilities replacement or repair activities.
(2) Puget will meet, at least annually, with a City representative to discuss
the City's concerns regarding the timing, scope, nature or method of such repair or
replacement activities.
-3-
(3) Prior to undertaking such repair or replacements, Puget will consider
any concerns raised by the City and will incorporate the City's reasonable suggestions
as to the timing. scope, nature or method of such maintenance activities. Both parties
recognize that differences of opinion will occur, and if such differences, occur, the
parties will negotiate in good faith to try to resolve such differences.
(b) Customer Service. Fuget recognizes that it is in the best interests of the City
and Puget to provide to Puget's customers in the City electric service that is safe, adequate and
efficient, and in all respects just and reasonable. Fuget shall respond to inquiries and requests fÌ'om
the City or fÌ'om any of its customers as soon as reasonably possible after the inquiry or request is
made. Fuget shall maintain and staff a twenty-four (24) hour phone line and maintain a local office
within ten (10) miles of City boundaries and maintain a dispatch facility, with immediately accessible
repair trucks to allow Fuget to respond to service requests within a reasonable time period. All of
the foregoing provisions are subject to applicable public service laws of the State of Washington.
(c) Facilities Abandonment. Fuget will notify the City upon the discontinued
use of any Facility. The Facility shall be removed by Fuget, at its expense, within one hundred twenty
(120) days of the date the Facility's use is discontinued or the date the Facility ceases to be
operational and Puget has not initiated repair. IfFuget fails to remove the Facility, the City or its
agent may cause the Facility to be removed pursuant to Section 13 of the Franchise.
(d) Upgrade ofFaciliôes and New Technology. Fuget will continue to upgrade
the electrical system where appropriate and incorporate technological changes where it is cost
effective and is otherwise consistent with its public service obligations.
(e) Emergency Operations. The City will be directly involved in the planning
process prior to the beginning of each winter stann season. A copy of Fuget' s Emergency Response
Plan will be provided to the City each year along with appropriate telephone numbers and pager
numbers used during each emergency. Emergency communication systems and/or operating centers
will be installed in the City when appropriate.
(I) Evaluating and Reporting. A written report detailing the highlights of the
past year's operations, capital improvements and major maintenance and a written report on the
projected next year's operations, capital improvements and maintenance shall be presented to the City
Council on an annual basis.
3.
RELIABILITY ENHANCEMENT AND UNDERGROUNDING
(a) Statistics. In order to evaluate the fÌ'equency and duration of outages
throughout the City, Fuget will maintain SAIFI ("System Average Interruption Frequency Index")
and SAIDI ("System Average Interruption Duration Index") statistics. Where the City elects to
maintain standards above Fuget's SAIFI and SAIDI average, Fuget agrees to provide details of work
requirements and costs estimates which will be necessary in order to meet such increased standards.
-4-
.
(b) Undergrounding or Lines. Puget and the City are both interested in
providing underground electrical service at the lowest possible cost to the consumer. Puget agrees
to participate in undergrounding portions of Federal Way in accordance with its filed rate schedules.
If a project will improve reliability to the point where reduced operations and maintenance costs
justify the capital investment, Puget will fund the appropriate portion of the project. Both parties
agree to work cooperatively with the WUTC to establish rate schedules that equitably allocate the
cost of under grounding transmission lines among Puget's customers.
4.
PUBLIC NOTICE
Public notice with respect to any of Puget's activities under this Memorandum will be
conducted in accordance with the following:
(8) The type and extent of public notice will be determined and agreed to by Puget
and the City during the City's review of the proposed activity.
(b) The form of public notice may include, but will not be limited to mailings,
newspaper advertisements, flyers, po stings at the activity or project site and public information
workshops.
(c)
Public notices will describe the scope and the time line of the activity.
(d) Unless otherwise agreed by the parties, any public notice will be given at least
thirty (30) days prior to commencement of the activity or project.
(e) Puget will consider and incorporate reasonable public input into the activity
or project, provided such public input is consistent with this Memorandum. Both parties recognize
that differences of opinion will occur, and if such differences occur, the parties will negotiate in good
faith to try to resolve such differences.
5.
MISCELLANEOUS
(8) This Memorandum will, unless earlier terminated as provided herein, continue
until termination of the term of the Franchise. Either party may at any time and for any reason, by
written notice to the other party, request that the parties commence negotiations to alter, amend or
modify the terms and conditions of this Memorandum. Within twenty (20) days after receipt of the
notice, the parties shall, at a mutually agreeable time and place, commence negotiations to alter,
amend or modify the terms and conditions of this Memorandum. The parties shall conduct such
negotiations with due regard to all pertinent facts and circumstances; provided, however, that neither
the City nor Puget shall have any obligation to agree to any proposed alteration, amendment or
modification; and provided further that no rights or privileges granted by the Franclùse shall be
prejudiced, impaired or otherwise affected by the failure of the City or Puget to agree upon any
proposed alteration, amendment or modification. If: within sixty (60) days after receipt of the original
-5-
notice hereunder, the parties are unable to agree upon and execute a mutually acceptable amendment
to this Memorandum, either party may upon thirty (30) days' prior written notice to the other
immediately terminate this Memorandum. In such event, this Memorandum and the Franchise will
terminate upon the expiration of such thirty (30) day period and will thereafter be of no further force
or effect.
(b) Any notice or other communication under this Memorandum given by one
party to the other will be deemed properly made if given in writing and delivered in person, by
facsimile or overnight courier or mailed, properly addressed and stamped with the required postage,
to the person signing this Memorandum at the address appearing on the signature page of this
Memorandum. Either party may change such person or address by giving the other party notice of
the change in accordance with this provision.
(c) This Memorandum contains all of the agreements of the parties with respect
to any matter covered or mentioned in this Memorandum. No provision of this Memorandum may
be amended or modified except by written agreement signed by the parties. This Memorandum shall
be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. Any
provision of this Memorandum which is declared invalid or illegal shall in no way affect or invalidate
any other provision. In the event either of the parties defaults on the performance of any terms of this
Memorandum or either party places the enforcement of this Memorandum in the hands of an attorney,
or files a lawsuit, each party shall pay all its own attorneys' fees, costs and expenses. The venue for
any dispute related to this Memorandum shall be King County, Washington. Failure of the City to
declare any breach or default immediately upon the occurrence thereof, or delay in taking any action
in connection with, shall not waive such breach or default. Time is of the essence of this
Memorandum and each and all of its provisions in which performance is a factor.
The parties have executed this Memorandum as of the date first set forth above.
Puget:
The City:
PUGET SOUND ENERGY, INC.
CITY OF FEDERAL WAY
By:
By:
Kenneth E. Nyberg
City Manager
(Title)
22828 - 68th Avenue South, Suite 102
Kent, WA 98032-1834
Telephone: (253) 395-6875
33530 - 1st Way S.
Federal Way, WA 98003-6210
Telephone: (253) 661-4013
APPROVED AS TO FORM:
Londi K. Lindell, City Attorney
K : \DOCUMEN1ìP U GETS E. M 0 U
4/14198
-6-
MEETING DATE: April 21, 1998
ITEM# -=vr GZ,)
..,. ....... .. ....... ..... -.-. -- - -. -- - - - - - - -- - - -...--- -- -- ..... . ................. ...,. -.. .-.. .-..- ..-..... . -.. .. ....,...
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: sw 34Oth Regional Stann water Storage Facility
85% Design Status Report and Request for Authorization to Bid
-.. ....... .. ..-. -.-.- -. .-. -- - .-. ....-. - .-- . ...- -..... ..,- -- - __a .. .-. -. -. ..- ----. ..-... ..... .. ... -... --.........--. .. .,. ..... ..... ..................
. -.. ..... . ....
CATEGORY:
BUDGET IMPACT:
CONSENT
ORDINANCE
_X - BUSINE'SS
HEARING
FYI
RFSOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
0 mER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
..,.... u_..... .... .......... ............. .,......... -... .....,........ ....-.......-.... .-..-- ....,............... ..-."... ...... ....... ..,........ "."""".""'.".""""""""'"
u u........""" u... u...... .....
ATTACHMENTS: Memorandum to the April 20, 1998 Meeting of the Land Use and
Transportation Committee
-""""""""" ...",....... ..........,........ """".'" .... -...........--.-.--..-.......... .................. -................................... """"""" """"""""""""""."" u .. """""""'.
.
SUMMARY/BACKGROUND: The project design has reached the 85% completion point and is
therefore submitted for your consideration. As you may recall, both the Committee and the Council
endorsed the proposal to accelerate this project, which was suggested by an opportunity to coordinate with
other scheduled construction projects in the immediate area. Currently, design and construction are both
scheduled for 1998.
The proposed drainage facility will be located in the vicinity of SW 34Oth Street and Hoyt Road and will
service a drainage basin of about 94 acres of developed, primarily residential area. The drainage basin
lies in both Pierce County (about 65 percent) and within the corporate city limits (about 35 percent). The
project's purpose is to reduce the frequency of flooding of homes, property, and the intersection of SW
340th Street and 35th Avenue SW,
..., u.......... """.,.,.."""""" .... """'" -.........,....... ..-..... -.,.... .......... ...-.-....... -.........,...... ........................-..... u..""" .. . ............ ..
.. ................ u..... .. . ... ........ ...
CITY COUNCIL COMMITTEE RECOMMENDATION: Public Works staff will be presenting this
item to the April 20th meeting of the Land UselTransportation Committee, and requesting the following
recommendations be forwarded to the Council:
1. Authorize staff to proceed with final design of the SW 34Oth Regional Storm Water Storage
Facility;
If the total final design and specification cost estimate remains the same, authorize staff to bid the
project and return with a request for permission to award the project to the lowest responsive,
responsible bidder.
...,.... -... ... ... ...- ..................... ........... ..... ..,...... .......... ..... --"-"--"'-' ..--..............-......-..... .....~..... ... .......,................ . ......
~---~j~-----
2.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLEDIDEFERREDINO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
k:\counci1\agdbil18\1998\34Othnf.85 %
Date:
April 15, 1998
To:
From:
Phil Watkins, Chair
Land Use and Transportation Commi~
Jeff Pratt, Surface Water Manag~
SW 34Oth Regional Storm Water Storage Facility -
85% Design Status Report and Request for Authorization to Bid
Subject:
Backfround:
The project design has reached the 85 % completion point and is therefore submitted for your
consideration. As you may recall, both the Committee and the Council endorsed the proposal
to accelerate this project. The acceleration was suggested by an opportunity to coordinate with
other scheduled construction projects in the immediate area. Currently, design and construction
are both scheduled for 1998.
The proposed drainage facility will be located in the vicinity of SW 34Oth Street and Hoyt Road
and will service a drainage basin of about 94 acres of developed, primarily residential area. The
drainage basin lies in both Pierce County (about 65 percent) and within the corporate city limits
(about 35 percent). The project's purpose is to reduce the frequency of flooding of homes,
property, and the intersection of SW 34Oth Street and 35th Avenue SW.
Currently, project design is estimated to be eighty five-percent complete. Included in this
estimate are the following completed tasks:
.
The topographic and property boundary surveys.
.
The Sensitive Area delineations, surveys, and reports.
.
The Environmental Site Assessment (ESA) - LevelL
.
85 % project design for both the storage facility and the connecting conveyance systems.
.
Property negotiations.
.
SEP A determination and project permitting.
The project budget and 85 % cost estimate are provided below for your consideration:
Budget Estimate
Design $ 96,844 $ 88,801
Acquisition $146,882 $ 5,000
Construction $774,085 $923,233
(Includes 10% Contingency)
Total $1,017,851 $1,017,034
Due to the fast track nature of this project, SWM requests permission to bid the project
subsequent to completion of the plans and specifications providing that the project cost estimate
does not increase. This will shave a minimum of two weeks time from the overall project
schedule and increase the construction schedule by a corresponding amount, In addition, staff
requests that this item be forwarded to the April 21, 1998 City Council meeting for
consideration.
Recommendation:
Forward the following recommendations to the April 21, 1998 Council meeting for approval:
1)
Authorize staff to proceed with design of the SW 34Oth Regional Storm Water Storage
Facility;
2)
If the total final design and specification cost estimate remains the same, authorize staff
to bid the project and return with a request for permission to award the project to the
lowest responsive, responsible bidder.
MS:JTP
K: \SWM\PROJ BCTS\SW340D ET\LUTCSS". WPD
MEETING DATE: April 21, 1998
ITEM#
~Ç{~
-.. -.-. .-. ... .-- _oo_. --.. .-- .- - -- -- - -.- - - ---. -.-..- -... - ..- .... .... - -.- . .-. - - .. ... ..-.... -...... ....... ... .....
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Upper WHIG Cross Road Culvert Upgrade and the SeaTac Mall Detention
Phase I (Belmor Regional Detention Facility)
100% Design Approval and Authorization to Bid
..---. ..,..- .....- -- --- .- -- - - --- --- - --- - --- -- - -- -. -.. ..... - --..- -... ..... ..... -...
CATEGORY: BUDGET RdPACT:
CONSENT
ORDINANCE
X BUSINESS
HEARING
FYI
RESOLUTION
_STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHEK
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.... -.. - -..... ....... ....... ..... - --- -.. --- - -- -. -- -- .. .-. .-.... ..- - -.. .- -. -..- -.. . -... ,- -..- ....-... .-- -- ..... -..-.... -...... ..... ..........
ATTACHMENTS: Memorandum to the April 20, 1998 Meeting of the Land Use and
Transportation Committee
.-........ ........ ........ ..-. ...... .-...- - --.. -.....-.-.- .... ---...-. -. ... -. -....-....-.. .-.. --. -..... ... -...... ............ -.... ...
SUMMARY/BACKGROUND: The proposed Upper WHIO Cross Road Culvert Upgrade and the
SeaTac Mall Detention Phase I (Belmor Regional Detention Facility) design has been completed and is
hereby presented for your consideration. As you will recall, SeaTac Mall Detention and Upper WHlO
Cross Road Culvert Upgrades are two projects identified by the City's capital facility plan and approved
by City Council. To achieve economy of scale, the two projects have been combined into one
plan/specification set for bidding purposes.
The design and specifications are complete. The Upper WHI0 Cross Road Culvert Upgrades will occur
in the trunk conveyance culverts along 20th Ave South. These culverts convey flows originating as far
north as S312th Street from many intensely developed properties including SeaTac Mall.
An overall site plan is attached for your reference.
-. ..........--. .-..-. .-.--.----
.------.-..-..--.. - . -- ..-.-......... .--.... .......-. -.... ..-. .-.... ......-.
CITY COUNCIL COMMITTEE RECOl\fMENDATION: Staff will present this topic to the Land
Use and Transportation Committee at its April 20, 1998 meeting and request the following:
1. Authorize staff to bid the project and return to the Committee for authorization to award to the
..__.m..._.l 0 ~~~.!.~~.~~i v e, respon sible b idder.:_._....-..--................-i... ... ..oo.~..._........ ....... ..oo... ....
_.;:~;: ::=;;~~~_.__._.mtð_~.._..__..
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLEDIDEFERREDINO ACTION
COUNC~ B~L #
1st Reading
Enactment Reading
ORDINANCE #
RFSOLUTION #
k:\council\agdbiU.\1998\belmor .ad
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
April 7, 1998
TO:
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Surface Water Manager~
FROM:
RE:
Upper WHI0 Cross Road Culvert Upgrade and the SeaTac Mall Detention
Phase I ( Belmor Regional Detention Facility)
100% Design Approval and Authorization to Bid
Background:
The proposed Upper WHIO Cross Road Culvert Upgrad~ and the SeaTac Mall Detention Phase
I ( Belmor Regional Detention Facility) design has been completed and is hereby presented for
your consideration. As you will recall, SeaTac Mall Detention and Upper WHIO Cross Road
Culvert Upgrades are two projects identified by the City's capital facility plan and approved by
City Council. To achieve an economy of scale the two projects have combined into one plan and
specification set for bidding purposes.
The design and specifications are complete. An overall site plan is attached for your reference.
The Upper WHIO Cross Road Culvert Upgrades will occur in the trunk conveyance culverts along
20th Ave South. These culverts convey flows originating as far north as S312th Street from many
intensely developed properties including SeaTac Mall.
The approriated project budget along with the 100% Phase I, 85% Phase TI, and preliminary
Phase III combined cost estimates are provided below for your consideration. Note that the costs
associated with Phase I have been included in parantheses for your information:
Project Element Overall cost (Phase I Cost)
Planning and Design $ 565,900 ($ 195,900)
Property Acquisition $52,000 ($ 47,000)
Construction $3,955,465 ($1,390,938)
Construction Management $ 464,700 ($ 214,700)
Pipe Alignment Modification $ 130,000 ($ 0)
Comments
Contingency = 0% Phase I,
10% Phase D, 20% Phase D
possible recovery from others
. Hazardous Waste Cleanup
at the existing detention pond
$ 332,090
($
0)
IIOI\1C possible recovery from oIhen
Hazardous Waste Cleanup
in the area of S320th Street
$ 380,000 ($ 0)
$5,879,155 ($1,848,538)
$4,855,646 ($1,853,356)
poaaible recovery from othen
Total
Appropriated Budget
inc1udca$174,3S S inu.crcatcaminga
Budget shortfall without
cost recovery
$1,023,509
Budget shortfall with
cost recovery
$ 223,685
assumes $130,000+
$289,824+$380,000
$799,824 recovered from othen
Staff is not requesting a budget adjustment for Phases II or III at this time. The combined project
budget is presented only for your information and tracking purposes, It is the case that the above
estimated Phase II and III costs will be refined as the design, the mutual agreements, and the
extent of contamination are further refined. Additionally, staff has not yet been able to obtain the
cooperation of the property owners to the north S320th Street. Therefore this portion of the
project is not yet fully evaluated. Staff will return to committee and council at appropriate points
in the process as it unfolds and as budget implications solidify,
The Phase I project is on budget and we anticipate bidding and project award in May.
Construction will commence in June with an estimated subtantial completion date of November
1998. The Phase I project will be bid in separate schedules. One of the schedules deals with
minor channel improvements between South 330th Street and 20th Avenue South. This schedule
is bid separately in order to facilitate its exclusion from the project should it become necessary.
Recommendation
Forward the following recommendation to the April 21, 1998 Council meeting for approval:
Authorize staff to bid the project and return with a request for permission to award the
project to the lowest responsive, responsible bidder.
IP:ms
attachmentcc: Project File
Day File
K:\LUTC\BELMORIO.LUT
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