Council PKT 08-11-1998 Regular
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
AUGUST 11, 1998
I.
II.
ill.
IV.
v.
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
August 11, 1998 - 7:00 p.m.
(www.ci.federal-way. wa. us)
*****
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
a.
b.
SPIRIT Award/Month of Au~ust
Federal Wa.y Noon Rotary Pre-~entation/Celebration Park Donation
CITIZEN COMMENT
PLEASE COMPI.ETE THE PINK SUP & PRESENT TO THE DEPUTY CIÆRK PRIOR TO SPEAKING.
Citizens may address CiJy Council at this time. When recognized by the Mayor, please come forward to the
podium, odjust the mk:rophone to proper heigh/, ond state your name ond address for the record. fLEJ.SE.
LIMIT YOUR REMARKS TO THREE ßI MINITrES. The Mayor may interrupt citizen commenJs that
continue too long, relate negatively to other individuals, or are otherwise inappropriate.
CONSENT AGENDA
(Items listed below have been previously reviewed by a Council Commùtee of three members ond brought before
full Council for approval; aU items wiU be enacted by one motion; individual items may be removed by a
Councilmember for separate discussion ond subsequent motion.)
a.
b.
c.
d.
Minutes/July 21 1998 Re~ular Meetin~
VoucheT/Au~ust 11 1998
Monthly Financial Rl:,1)OrtlMonth of June 1998
Youth Commission Appointment
Family Fest Memorandum of Understandin~
Crown Point Sewer R~irlProposed Interlocal A~reement/I()()% Completion and
Authority to Bid/Authority to Award Bid
Ba.yview Country Estates Plat AlterationlResollltion
Ad¡¡pt-A-Stream Pro~ramlDecatuT Hi~h School
Midday Vanpool Services Grant PrQposal
g.
h.
i.
e.
f.
over please. . .
VI.
VIll.
PUBLIC HEARING
Adult Rnterrninment/Retail R~tahlishment Moratorium Renewal & Work Plan
or Expiration
Staff Report
Citizen Comment
City Council Deliberation
Resolution
CITY COUNCIL BUSINESS
a.
b.
So 3 I 2th St/SR99 to 23rd Ave So/Improvement Bid A ward
SW 312th St/14th Ave SW Pede.~trian Improvements Bid Award
INTRODUCTION ORDINANCE
Council Bill #198/So 336th/SR 99 Condemnation
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING
AND/OR ACQursmoN OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE
PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN
THE VICINITY OF SOUTH 336TH STREET AND PACIFIC HIGHWAY SOUTH, TOGETHER
WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE
A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS
ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO
FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY
LAW FOR SAID CONDEMNATION.
CITY MANAGER REPORT
CITY COUNCIL REPORTS
EXECUTIVE SESSION
a.
b.
c.
1>rQperty Acquisition/Pursuant to RCW 42 30 110(1)(1:1)
Potential Litigation/Pursuant to RCW 4230 11O(1)(j)
Personnel/Pursuant to RCW 42 30 llO(I)(g)
ADJOURNMENT
.. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT USTED ON THE AGENDA ..
NOTE: REGULAR CITY COUNCIL MEETING ON AUGUST 18 IS CANCELED
MEETING DATE: August 11, 1998
ITEM# :¡C(4- \
.......................................................................................................................................................................................................
.............................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
...§Y..!J..~ç.!.;.....ç~!y'..Ç,~~~~.i.~..M~.~.~~~g,.M~.~~~~.~...................................... .........................................................
CATEGORY: BUDGET IMPACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.............................................
.""""""""""""""""""""""
..............................
ATTACHMENTS: Minutes for July 21,1998 regular meeting
.................................................................................................................. ....................................................................................
...............................
SUMMARYIBACKGROUND: Official City Council meeting minute. for permanent record. pursuant to RCW
requirement.
................................................................................................................................................................................... ...................
............................................
OTY COUNOL COMMITTEE RECOMMENDATION: n/a
.................................................................................................................""""""""""""""""""""""""""""""""""""""""'"
...~.~~. ~ ~ ~ ~.~.~~~.~~~~~~~ ~:... ~.it~.~~~~.~il.. ~ ~ ~:~.~:I........!úÞ. ..V~~.. ...........
APPROVED FOR INCLUSION IN COUNCIL PACKET:
(f!j~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNOL ACfION:
_APPROVED
_DENIED
- T ABLED/DEFERRED/NO ACfION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC.5/14196
CITY OF FEDERAL WAY
MIJE MORAND UM
TO:
Councilmembers
Chris Green, City Clerk ~
August 6, 1998 ~
July 21, 1998 Meeting Minutes
FROM:
DATE:
SUBJECT:
The draft meeting minutes have not been included with your packet. I will have the draft ready
for inclusion by Monday, August 10. If you have any concerns, please feel free to give me a
calL.many thanks!
c:
Kenneth Nyberg, City Manager
Philip Keightley, Deputy City Manager
Landi Lindell, City Attorney
Iwen Wang, Management Services Director
MEMOCC
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
July 21, 1998 - 7:00 p.m.
I.
MINUTES
O~J~.f1
CALL MEETING TO ORDER
Mayor Ron Gintz opened the regular meeting of the Federal Way City Council at the hour of7:10
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 and Phil Watkins.
City staff present: City Manager Kenneth E. Nyberg, Deputy City Manager Philip Keightley, City
Attorney Londi Lindell and City Clerk Chris Green.
II.
PLEDGE OF ALLEGIANCE
Deputy Mayor Michael Park led the flag salute.
MOTION BY COUNCILMEMBER BURBIDGE TO SUSPEND COUNCIL RULES OF
PROCEDURE ALLOWING FOR THE NEXT REGULAR MEETING TO BE HELD ON
AUGUST 11, 1998, RATHER THAN AUGUST 4, 1998; SECOND BY COUNCILMEMBER
DOVEY. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
MOTION BY COUNCILMEMBER GATES TO MOVE THE NEXT REGULAR COUNCIL
MEETING TO AUGUST 11, 1998; SECOND BY COUNCILMEMBER BURBIDGE. Motion
carried as follows:
Burbidge
" Gates
k< Kochmar
¡Ay. Watkins
'- ~ C\~
~ ~~1\\t~
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 21, 1998 - Page 2 of 8
MOTION BY MAYOR GINTZ TO ADD AN ITEM TO COUNCIL BUSINESS FOR
PURPOSES OF AUTHORIZING EXPENDITURE FOR COUNCIL ATTENDANCE AT THE
UPCOMING A WC BUDGETING & FISCAL MANAGEMENT WORKSHOP IN
LEAVENWORTH, WA; SECOND BY COUNCILMEMBER DOVEY. Motion carried as
follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Councilmember Gates expressed the Council's desire to celebrate the City Manager's recent
contract extension, extending Mr. Nyberg's contract through October 1999. She recognized
Shirley Nyberg as the "Woman behind the City Manager", and presented her with a bouquet of
flowers for the occasion. Council also presented a gift to their illustrious manager, with a sincere
thanks for his superior leadership! Mr. Nyberg thanked the Council for this very special
recognition; he acknowledged it is also his and Shirley's 42nd wedding anniversary today.
III.
PRESENTATIONS
a.
"National Ni~ht Out" Proclamation
Councilmember Dovey read and presented the proclamation to Police Officer Robert Schubert.
b.
Diversity Commission Introductions/Certificates
Councilmember Dovey then presented apPOintment certificates to Iohnathan Sim and Christina Lo
Pinto, the new commissioners in attendance. Diane Landsinger was unable to attend. Alternate
Maya Kumar also received her certificate of appointment.
c.
Ethics Board Introductions/Certificates
Councilmember Gates presented a certificate of appointment to Gary Hood, the newest member
of the city's Ethics Board. William Linehan, alternate, was unable to attend.
d.
Human Services Commission Introduction/Certificate
Councilmember Dovey also presented Richard Bye with a certificate of appointment to fill an
unexpired term on the city's Human Services Commission.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 21, 1998 - Page 3 of 8
e.
Economic Devel¡¡pment Update
Economic Development Executive Debra Coates presented the Council with an update outlining
the identifiable city center, signage incentive program, the RTA, marketing/recruitment/tourism
and economic development/public relations. Some of the upcoming events for 1998 include
Family Fest, Taste of Federn1 Way and the Family Holiday events. She will be participating with
other city officials in the upcoming economic development trip to the city's sister city of
Hachinohe, Japan.
IV.
CITIZEN COMMENT
Alison Corri~an, representing the Federal Way Chamber of Commerce, thanked the Council for
their support of the chamber's goals for downtown area economic development and the new
advancing leadership program.
Barbara Reid, on behalf of the city's Parks and Recreation Commission, provided an update on
the fundraising for Celebration Park.
H David KI\Plan, provided a definition of terms with respect to upcoming budget discussions for
distribution to interested persons.
v.
CONSENT AGENDA
a.
b.
Minutes/July 7, 1998 R¡:~ular Meetin~
W¡:y¡:rha¡:us¡:r 10% Petitions for Ann¡:xation
Council Em HI 97/Puhlic Safety Code Amendment/
APPROVED ORDINANCE NO. 98-318
School Impact Fees Amendment/APPROVED RESOLUTION NO. 98-274
c.
d.
Councilmember Watkins pulled item (b) for additional information and discussion.
MOTION BY COUNCILMEMBER GATES TO APPROVE CONSENT AGENDA ITEMS (a),
(c) AND (d); SECOND BY COUNCILMEMBER BURBIDGE. Motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Item (b):
W¡:yerhaeuser 10% Petitions for Annexation
Councilmember Watkins reported the Land Use/Transportation Committee has recommended the
two parcels be discussed separately. He expressed concerns about the mapping revision that
occurred since committee review and requested a staff report on the two proposed annexations.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 21, 1998 - Page 4 of 8
Senior Planner Lori Michaelson summarized the following staff recommendations: (1) City
Council to accept both 10% petitions for annexation as follows: Area 1 boundaries modified to
include the fire station parcel on South 320th Street; to include all portions of the 320th Street
right-of-way located west of the west boundary of Annexation Area 1, as proposed; and to
authorize circulation of the 60% petition; (2) City Council require adoption of pre-annexation
comprehensive plan and zoning designations; or alternatively, simultaneous adoption of initial or
interim designations; and (3) City Council to require assumption of a proportionate share of
bonded indebtedness as a matter of policy.
Ms. Michaelson reported the Land Use/Transportation Committee, at its regular meeting on July
6, 1998, reviewed the proposals and concurred with the above three staff recommendations, with
the following added recommendation: (4) Acceptance of the final annexation petition for Area 1
should be predicated on a site plan and/or agreement that addresses density, design and any other
development considerations deemed necessary and appropriate by the City Council. Site
development should also preserve the ability to extend the BPA trail system across a portion of
the site.
Councilmember Watkins requested the two proposed annexation sites be voted on separately, as
was done in committee.
MOTION BY COUNCILMEMBER WATKINS TO APPROVE ACCEPTANCE OF SITE #2 OF
THE 10% PETITION; SECOND BY COUNCILMEMBER GATES. The motion carried as
follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Council discussion ensued on density, access and public services issues followed by an explanation
by city staff on various Council concerns.
MOTION BY COUNCILMEMBER GATES TO ACCEPT THE CITY COUNCIL LAND
USE/TRANSPORTATION COMMITTEE'S RECOMMENDATION FOR SITE #1 OF THE
10% PETITION; SECOND BY COUNCILMEMBER DOVEY. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
no
no
Dovey
Gintz
Park
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTFS
July 21, 1998 - Page 5 of 8
VI.
CITY COUNCIL BUSINESS
a.
City Council Presidin¡¡ Officer Appointment
Item removed from agenda... the next regular meeting has now been rescheduled to August 11,
1998, when the Mayor and Deputy Mayor will be present.
b.
Joe's Creek Water Quality Monitorin¡¡ Srntion/Authority to Award Constmction
Cml1raI;t
MOTION BY COUNCILMEMBER WATKINS TO APPROVE THE STAFF
RECOMMENDATION; SECOND BY COUNCILMEMBER DOVEY. The motion carried as
follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
c.
Re¡¡ionaJ Governance and Finance
Deputy City Manager Philip Keightley presented a brief overview of the balance sheet showing
the Suburban Cities Association (SCA) and SCA's Regional Governance and Finance (RG&F)
Steering Committee's alternative proposal to the Growth Management Planning Council (GMPC)
RG&F proposal. Councilmembers also received a copy of the proposed letter directed to Mayor
Charles Booth, President of SCA, reflecting the city's position.
MOTION BY COUNCILMEMBER GATES TO AUTHORIZE THE MAYOR TO SIGN AND
SEND THE PROPOSED LETTER "AS IS"; SECOND BY COUNCILMEMBER BURBIDGE.
The motion carried as follows:
Burbidge yes Dovey yes
Gates yes Gintz yes
Kochmar yes Park yes
Watkins yes
d. A WC Conference on Bud¡¡etin¡¡ (added item)
Councilmember Watkins requested reimbursement to attend the upcoming A WC Budgeting and
Fiscal Management Workshop being held in Leavenworth, WA. Since the workshop was not part
of the Council's budgeted items, Mayor Gintz recommended the final decision be made by the
FinancelEconomic Development/Regional Affairs Committee; Councilmembers agreed to abide
by the committee's recommendation for attendance and reimbursement of registration costs.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 21,1998 - Page 6 of 8
MOTION BY MAYOR GINTZ TO REFER TIllS REQUEST TO COMMITTEE FOR REVIEW
AT THEIR NEXT MEETING, WITH FULL COUNCIL AGREEING TO ABIDE BY THE
COMMITfEE RECOMMENDATION; SECOND BY COUNCILMEMBER DOVEY.
Following additional Council discussion, Councilmember Watkins' withdrew his proposed
amendment to clarify Council Rules for Council travel; he then advised he was withdrawing his
application to attend the workshop.
Motion to refer workshop request to committee carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Vll.
CITY MANAGER REPORT
Mr. Nyberg reported the July 7 meeting inquiry from William and Connie Dolezal was referred to
the Community Development Department for response.
He advised the August 18, 1998, regular Council meeting has been canceled.
The grand opening and ribbon cutting at the Knutzen Family Theatre is scheduled for tomorrow at
2:00 p.m.
The City Manager reported the city exceeded its targeted goal of 87% for purchase of recycled
products in 1997.
Mr. Nyberg also reported the granddaughter of Gretchen Lusink:, Human Resources Analyst, is
recuperating at home and is much improved since her recent hit and run pedestrian/auto accident.
He announced there will be a 30-minute executive session to discuss property acquisition and
litigation, with action requested. On behalf of both he and Shirley, he thanked the Council for their
special recognition earlier this evening.
VllI.
CITY COUNCIL REPORTS
Councilmember Dovey reported the meeting of the Parks/Recreation/Human Services/Public Safety
Committee is set for July 27 at 12:00 noon, with the next meeting scheduled for the evening of
August 10, 1998.
Councilmember Watkins announced the Land Use/Transportation Committee will meet on August
3, at 5:30 p.m.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTFS
July 21, 1998 - Page 7 of 8
Councilmember Burbidge extended an invitation for all to attend the grand opening and ribbon
cutting at the Knutzen Family Theatre tomorrow, as well as numerous other activities scheduled
throughout this week.
Councilmember Gates reported the Finance/Economic Development/Regional Affairs Committee
will be meeting at 12:00 noon on July 28. She also updated Councilmembers on recent transit
meeting issues.
Councilmember Kachmar reminded everyone about Friday evening's annual Kiwanis salmon bake.
Deputy Park will be honored on September 19 as a recipient of one of the Asian-American Living
Pioneer Awards for 1998; he is currently preparing for the upcoming economic development trip to
Hachinohe, Japan.
IX.
EXECUTIVE SESSION
a.
b.
Potential Liti¡:ation/Pursllant to RCW 4230 llO(I)(j)
Pr¡¡perty AC(pIisition/Pursllant to RCW 42 30 110(1)(b)
Mayor Gintz recessed the regular meeting at the hour of 8:35 p.m., for purposes of an executive
session, to discuss potential litigation and property acquisition.. . action is anticipated.
At the hour of 9:05 p.m., Deputy City Manager Philip Keightley announced the first 15-minute
extension of the executive session; again at 9:20 p. m., he announced an additional 15 minutes;
at 9:35 p.m., Council requested another 15 minutes. At the hour of 9:45 p.m., Council returned
to chambers and Mayor Gintz called the regular meeting to order.
MOTION BY COUNCILMEMBER WATKINS TO DIRECT AND AUTHORIZE THE CITY
MANAGER TO CLOSE THE ACQUlSmON OF CERTAIN REAL PROPERTY REQUIRED
BY THE CITY IN CONNECTION WITH THE STREEr IMPROVEMENT PROJECT ON THE
EAST SIDE OF 21ST A VENUE, PURSUANT TO THE TERMS OF CERTAIN PURCHASE
AND SALE AGREEMENTS AND SIDEWALK EASEMENT WITH VARIOUS PROPERTY
OWNERS FOR THE PURCHASE PRICE LISTED AND COVERING THE PROPERTIES
LOCATED AT:
A)
33510 21ST AVE SW (EAST SIDE OF 21ST) FEDERAL WAY, WA
PARCEL NO. 9164 PURCHASE PRICE: $8,294.38
B)
33516 21ST AVE SW (EAST SIDE OF 21ST) FEDERAL WAY, WA
PARCEL NO. 9099 PURCHASE PRICE: INSTALLATION OF SIDEWALK
C)
335TH & 21ST AVE SW (EAST SIDE OF 21ST) FEDERAL WAY, WA
PARCEL NO. 9103 PURCHASE PRICE: INSTALLATION OF SIDEWALK;
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 21, 1998 - Page 8 of 8
SECOND BY COUNCILMEMBER DOVEY. Motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
x.
ADJOURNMENT
There being no further business to come before Council, Mayor Gintz adjourned the regular
meeting of the Federal Way City Council at the hour of 9:47 p.m.
N. Christine Green, CMC
City Clerk
II
... ~~.!~g.. P..~ .~.:.. A!l..!I ~~. Æ'.J ~~.~.............................................) TI!;.~. ~
.:¡C- (Aj
................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: VOUCHER
.......................................................................................................................................................................................................
.............................................
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
STAFF REPORT
_PRO CLAM A nON
_STUDY SESSION
_OTHER
Amount Budgeted: $ 2,490,619.57
Expenditure Amt: $ 2,490,619.57
Contingency Reqd:
.......................................................................................................................................................................................................
.............................................
A TT ACHMENTS: VOUCHER LIST
.......................................................................................................................................................................................................
.............................................
SUMMARY /BACKGROUND:
I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnisbed, the services
rendered, or the labor pe nned as described herein and that the claims are just and due obligations against the City of
Federal, W' , and that I am authorized to authenticate and certify to said claims.
CITY COUNCIL COMMITTEE RECOMMENDATION:
...~P.P.r.".'.Y.!:..!!.~~~.~!:.~ ..Y.().ll~.~!:.'è. P.!!E~!!.~!..!.~..~ ç.~..~~ ,.~~....... ..................... .................................................................. ................
......................
CITY MANAGER RECOMMENDATION: A/'1"l.o"", c.:""~......'(i..¿.o."",,cC>,,"~~ "-<~' <CP\. . .
.............................................................................................................-.................................................................d~..û...4.i4di;.........
..................
APPROVED FOR INCLUSION IN COUNCIL PACKET: d!Jk
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
DENIED
_TABLEDIDEFERRED/NO ACTION
COUNCIL BILL #
ORDINANCE #
FIRST READING
ENACTMENT READ
RESOLUTION #
CCCOVER-5I241"
CHEKREG2
DATE 06/26/98
DATE
06/16/98
06/22/98
06/24/98
06/24/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
rt-I
\'J
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09: 21
CHECK #
141041
141042
141043
141044
141045
141049
141050
141051
141052
141053
141054
141055
141056
141057
141058
141059
141064
141065
141066
141067
141069
141070
141073
14'1074
141075
141076
VEND #
003947
004415
003977
001037
000851
000004
000007
000016
000027
000033
000043
000049
000051
000063
000073
000083
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
CITY OF FEDERAL WAY
MICHAEL PARK
KEY BANK VISA
KEY BANK VISA
WA STATE-PATROL
WORLD VISION
SIGNATURE CUSTOM HOMES
JANET EDMONDSON
LYNN WILLIAMS PFLUEGER
EVA AVEDISIAN
ANN ZOFFEL
SANDY GOLUBINSKI
TERRY PIERCE
MICRO SURGICAL TECHNOLOGY mc
WORKMEN'S AUTO INSURANCE CO
ASSOC OF WASHINGTON CITIES
BOISE CASCADE OFFICE PRODUCTS
IKON OFFICE SOLUTIONS
ICBO-INT'L CONF BLDG OFFICIALS
FIRESAFE INC
NEW LUMBER & HARDWARE COMPANY
PRESTON GATES & ELLIS LLP
PUGET SOUND ENERGY
CORPORATE EXPRESS
QUADRANT SYSTEMS INC
LOCK SHOP (DBA)
AMOUNT
25,000.00
2,511.00
308.30
1,870.50
3,745.00
7,387.00
288.00
32.00
50.00
125.00
50.00
114.42
13 .12
107.50
1.611.86
75.00
4,627.66
1,718.31
139.00
67.88
420.44
673.50
16,409.59
231.00
541.00
60.82
PAGE
1
SUMMARY DESCRIPTION
POLICE USE CASH FUNDS
CITY BUSINESS REIMBURSEMENT
POLICE BUSINESS TRAVEL EXPENSE
CITY BUSINESS EXPENSES
REMIT BACKGROUND CHECK FEES
REFUND-CASH BOND: WORLD VISION
REFUND:PARTIAL REL/ADMIN CASH
REFUND: REC CLASS REGISTRATION
DBC-DMG DPST REFUND 5/16-20/98
DBC-DMG DPST REFUND 5/15-17/98
DBC-DMG DPST REFUND 5/9/98
DBC-DMG DPST REFUND 5/15-20/98
LAW-DIST COURT WITNESS FEE
REFUND: PICNIC RENTAL DAMAGE
RM-CLAIM# 9 8 - 01- 21 0 -131
AWC PUBLICATION
OFFICE SUPPLIES & EQUIPMENT
COPIES/FAX MACHINES MAINT/SUPP
UBC ON CD-ROM COMPUTER PROGRAM
FIRE INSPECTION FEE
REPAIR & MÀINTENANCE SUPPLIES
PROFESSIONAL LEGAL SERVICES
CITY FACILITIES ELECTRIC & GAS
OFFICE SUPPLIES & EQUIPMENT
QUADRANT S/WARE SUPPORT SVCS
VEHICLE LOCK SERVICES
CHEKREG2
DATE 06/26/98
DATE
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
11
l~
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09,21
CHECK #
141077
141078
141079
141080
141081
141082
141083
141084
141085
141086
141087
141088
141089
141090
141091
141092
141093
141094
141095
141096
141097
141098
141099
141100
141101
141102
VEND #
000089
000090
000094
000096
000101
000104
000106
000109
000112
000117
000125
000142
000163
000168
000196
000197
000201
000202
000229
000253
000308
000328
000341
000379
000380
000388
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
NEWS TRIBUNE
ONE HOUR PHOTO MAX
WA STATE-AUDITOR' S OFFICE
LAKEHAVEN UTILITY DISTRICT
PETTY CASH
EDELINE M LOGREYRA
SELECT TRAVEL INC
ACTIVE SECURITY CONTROL (DBA)
PACIFIC COAST- FORD INC
GFOA-GOV'T FINANCE OFFICERS
KING COUNTY FINANCE DIVISION
CITY OF FED WAY-ADVANCE TRAVEL
KING COUNTY DISTRICT COURT
DAILY JOURNAL OF COMMERCE INC
FORTE RENTALS INC
WEST COAST WIRE ROPE
KINKO'S INC
U S WEST COMMUNICATIONS
FEDERAL WAY CHAMBER COMMERCE
WA STATE-TRANSPORTATION DEPT
SUBURBAN CITIES ASSOCIATION
ERNIE'S FUEL STOPS (DBA)
SUNRISE SELF STORAGE
SOUTH COUNTY JOURNAL
WA STATE-ADMIN SERVICES DIV
A T & T WIRELESS SERVICES
AMOUNT
448.62
27.53
12,191.30
631.19
269.27
288.75
736.00
132.23
27.12
415.00
94,804.38
771.66
37,921.93
270.90
273.68
112.43
68.97
10,123.81
6,295.00
414.13
157.00
4,166.42
135.00
60.00
100,649.55
130.30
PAGE
SUMMARY DESCRIPTION
NEWSPAPER ADS & SUBSCRIPTIONS
PHOTO DEVELOPMENT SERVICES
STATE AUDITOR SERVICES
CITY FACILITIES WATER & SEWER
PETTY CASH FUND REIMBURSEMENTS
DISTRICT COURT INTERPRETER SVC
AIRFARE FOR CITY BUSINESS TRVL
FACILITIES/FLEET LOCKSMITH SVC
VEHICLE MAINTENANCE & REPAIRS
CAFR REVIEW FEE-1997
INTERGOVERNMENTAL SERVICES
CITY BUSINESS TRAVEL EXPENSES
DISTRICT COURT FILING FEES
NEWSPAPER LEGAL NOTICES
EQUIPMENT RENTAL/SUPPLIES
PARKS MAINTENANCE SUPPLIES
PRINTING SERVICES
CITY FACILITIES PHONE SERVICES
CHAMBER EXECUTIVE SALARY
ROADS & ENGINEERING SERVICES
SCA DINNER MTG/MEMBERSHIP DUES
GASOLINE FOR CITY VEHICLES
STORAGE UNITS RENTAL FEES
SO COUNTY SUBSCRIP/ADVERTISEMT
PW TRUST FUND LOAN DEBT SVCS
CELLULAR PHONE BATTERIES
CHEKREG2
DATE 06/26/98
DATE
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
f11
-L
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09:21
CHECK #
141103
141104
141105
141106
141107
141108
141109
141110
141111
141112
141113
141114
141115
141116
141117
141118
141119
141120
141121
141122
141123
141124
141125
141126
141127
141128
VEND #
000414
000428
000438
000504
000514
000541
000554
000570
000630
000638
000649
000671
000699
000708
000718
000721
000724
000732
000783
000851
000854
000873
000874
000891
000920
000939
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
CAFE PACIFIC CATERING INC
WRPA-WA REC & PARK ASSOC
DELI SMITH & CHOCOLATE JONES
ORIENTAL GARDEN CENTER
WA STATE-STATE REVENUES
WESTERN EQUIPMENT DISTRIBUTORS
CATAPULT INC
EAGLE TIRE & AUTOMOTIVE (DBA)
LLOYD ENTERPRISES INC
LAW SEMINARS INTERNATIONAL
APPLY-A-LINE INC
H D FOWLER COMPANy
MUNICIPAL RESEARCH & SERVICES
NRPA-NAT'L REC & PARK ASSOC
JENNINGS EQUIPMENT INC
AMERICAN CONCRETE INC
HOMEGUARD SECURITY SERVICES
WASPC-WA ASSOC SHERIFFS &
FEDERAL WAY DISPOSAL CO INC
WA STATE-PATROL
D J TROPHY
TARGET/DAYTON'S CHARGE ACCOUNT
MACHINERY COMPONENTS INC
OFFICE DEPOT CREDIT PLAN
PAPER DIRECT INC
CULLYSPRING WATER COMPANY INC
AMOUNT
4,122. 04
171.00
247.66
1,019.89
65,090.50
197.32
350.00
2,416.38
45,457.66
415.00
5,156.60
1,312.63
20.00
12.35
49.05
933.84
19.95
180.00
5,818.11
53.00
513.29
299.38
.
519.35
183.40
83.75
77.10
PAGE
3
SUMMARY DESCRIPTION
DUMAS BAY CENTRE CATERING SVCS
REGISTRATION FEE
FOOD SUPPLIES FOR MEETINGS
MAINTENANCE & REPAIR SUPPLI ES
STATE COURT FEES COLLECTED
PARKS EQUIPMENT REPAIRS/SUPPLY
DATABASE TRAINING COURSES
VEHICLES MAINTENANCE & PARTS
1998 STREETS MAINTENANCE SVCS
LOCAL GOVT/MUNI LAW SEMINAR
PW CHANNELIZATION MODIFICATION
PARKS REPAIR PARTS/SUPPLIES
ANNEXATION HANDBOOK
PLANNING PARKS FOR PETS BOOK
PARKS KUBOTA MOWER LOF
CEMENT & SURFACING MATERIALS
FACILITIES ALARM MONITORING
WASPC CONFERENCE FEE
RECYCLING DISPOSAL SERVICES
REMIT BACKGROUND CHECK FEES
PRINTED NAME PLATES/PLAQUES
RECREATION" EVENT SUPPLIES
MOWER REPAIR PARTS/SUPPLIES
OFFICE EQUIPMENT & SUPPLIES
OFFICE SUPPLIES
PARK FACILITIES BOTTLED WATER
CHEKREG2
DATE 06/26/98
DATE
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
r]\
-II
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09,21
CHECK #
141129
141130
141131
141132
141133
141134
141135
141136
141137
141138
141139
141140
141141
141142
141143
141144
141145
141146
141147
141148
141149
141150
141151
141152
141153
141154
VEND #
000951
000991
001004
001052
001066
001124
001127
001131
001146
001189
001215
001218
001233
001241
001244
001259
001267
001294
001297
001299
001336
001362
001391
001411
001431
001436
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
AMOUNT
CITY OF FEDERAL WAY
CASCADE COFFEE INC
271.40
27.50
MAILMEDIA INC
581.13
GENUINE PARTS COMPANY
BIG WHEEL AUTO PARTS
4.30
24.63
AIRTOUCH CELLULAR
1,080.15
COMMUNITY HEALTH CENTERS
2,500.00
EVERGREEN AUTO ELECTRIC INC
USSSA/SLO-PIicH SOFTBALL ASSOC
329.94
480.00
PETTY CASH
NATIONAL SEMINARS GROUP
196.85
89.50
PUBLIC SECTOR JOB BULLETIN
A T & T BUSINESS SERVICE
180.20
8.18
WEST COAST AWARDS
ITT HARTFORD
482.41
5,000.00
KING COUNTY CRIME VICTIMS FUND
TOP FOODS HAGGEN INC
1,192.76
575.03
ECONOMIC DEVELOPMENT COUNCIL
20.00
FACILITY MAINTENANCE CONTRACTR
FORD GRAPHICS
310.60
192.36
LUCENT TECHNOLOGIES INC
TEXACO REFINING/MARKETING INC
1,379.14
11.30
NORTH COAST ELECTRIC COMPANY
739.98
POSTAL EXPRESS INC
11,170.00
M A SEGALE INC
450.88
TREE RECYCLERS
162.90
PAGE
SUMMARY DESCRIPTION
RETAINAGE HELD FOR CONTRACTS
COFFEE SUPPLIES FOR MEETINGS
SPRING BROCHURE POSTAGE EX PENS
FLEET REPAIR & MAINT SUPPLIES
FLEET REPAIR & MAINT SUPPLIES
CELLULAR PHONES SERVICES
HUMAN SERVICES PROGRAMS
FLEET REPAIR & MAINT SUPPLIES
SOFTBALL TEAMS REGISTRATION
PETTY CASH FUND REIMBURSEMENTS
TRAINING SEMINARS
JOB OPPORTUNITY NEWSPAPER ADS
LONG DISTANCE PHONE SERVICES
UNIFORM CLOTHING ITEMS/SUPPLY
LIABILITY CLAIM SETTLEMENT
COURT FEES COLLECTED
RECREATION PROGRAM SUPPLIES
EDC BOARD. MEETING
LANDSCAPE MAINTENANCE SERVICES
PRINTING SERVICES
PHONE SYSTEMS MAINTENANCE
GASOLINE FOR CITY VEHICLES
ELECTRICAL SUPPLIES
CITY MAIL POSTAGE/COURIER SVCS
ASPHALT OVERLAY PROJECT
TREE CLEARING SERVICES
CHEKREG2
DATE 06/26/98
DATE
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
rl\
'\
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09 :21
CHECK #
141155
141156
141157
141158
141159
141160
141161
141162
141163
141164
141165
141166
141167
141168
141169
141170
141171
141172
141173
141174
141175
141176
141177
141178
111179
141180
VEND #
001437
001448
001523
001563
001630
001647
001673
001715
001780
001805
001843
001856
001893
001988
001998
002010
002024
002044
002093
002204
002231
002379
002392
002410
002126
002445
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
JOHN WILEY & SONS INC
BLUE RIBBON WINDOW CLEANING
OCE-BRUNING INC
JDK SMALL ENGINE REPAIR INC
BLUMENTHAL UNIFORM CO INC
KELLER SUPPLY COMPANY
ENUMCLAW QUARRY INC
TRUGREEN - CHEMLAWN
MORUP SIGNS INC
VADIS NORTHWEST
MORRIS PlHA MANAGEMENT GROUP
ACTION SERVICES CORPORATION
FEDERAL WAY SCHOOL DISTRICT
SERVICE LINEN SUPPLY
R W SCOTT CONSTRUCTION CO INC
KCM INC
PETTY CASH-WITNESS FEES
PACIFIC SAFETY SUPPLY INC
RALEIGH, SCHWARZ & POWELL INC
WILBUR-ELLIS COMPANY
SHELDON & ASSOCIATES INC
PACIFIC TOPSOILS INC
REGIONAL TELEPHONE DIRECTORY
AS CAP
UNITED GROCERS INC
BATES TECHNICAL COLLEGE
AMOUNT
46.91
100.00
562.30
26.06
1,059.75
58.90
212.54
543.00
461.55
3,866.00
16,768.96
3,199.64
27,440.00
27.52
65,315.31
7,249.90
139.68
83.10
845.00
494.89
682.70
613.41
84.20
75.00
119.89
892.50
PAGE
SUMMARY DESCRIPTION
PUBLIC WORKS PUBLICATIONS
CITY FACILITIES WINDOW WASHING
PLANS COPIER MAINT/SUPPLIES
EQUIPMENT REPAIRS & SUPPLIES
POLICE UNIFORMS & ACCESSORIES
DUMAS BAY RESTROOM EQUIPMENT
SWM ROCK & MATERIALS
PARKS PESTICIDE SPRAYING SVCS
PUBLIC NOTICE INFO SIGNS
ROADS LANDSCAPE/LITTER CONTROL
CITY/POLICE FACILITIES LEASE
SWM-VACUUM/JET RODDING SERVICE
SCHOOL IMPACT FEES COLLECTED
KLCC KITCHEN LINEN SERVICES
PW-SW 336TH ST WIDENING PROJ
STORMWATER/MALL DETENSION PROJ
DISTRICT COURT WITNESSES FEES
SAFETY REFLECTIVE VESTS
VEHICLE INSURANCE PREMIUMS
LANDSCAPE MAINTENANCE SUPPLIES
WETLANDS BIOLOGIST SERVICES
SWM Topsoìt MATERIAL DISPOSAL
DBC PROMOTIONAL ADVERTISING
JULY 4TH FESTIVAL MUSIC PERMIT
RECREATION PROGRAM SUPPLIES
FRONTLINE LEADERSHIP TRAINING
CHEKREG2
DATE 06/26/98
DATE
06/26/98
06/26/98
06/26/98
06/26/98
.06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
(\i
..J
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09,21
CHECK #
141181
141182
141183
141184
141185
141186
141187
141188
141189
141190
141191
141192
141193
141194
141195
141196
141197
141198
141199
141200
141201
141202
141203
141204
141205
141206
VEND #
002470
002543
002544
002545
002548
002557
002566
002640
002679
002732
002797
002853
002870
002887
002898
002899
002924
002926
002933
002935
003001
003043
003071
003085
003090
003093
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
AMOUNT
LARRY VAN SCHOIACK
419.40
ENTERPRISE RENT-A-CAR
37.87
HYUNDAI FOOD
111.12
PACIFIC AIR CONTROL INC
SPRAGUE PEST CONTROL
1,037.40
173.76
PETTY CASH FUND-PARKS MAINT
U S WEST COMMUNICATIONS
103.99
121.62
ESCOM SOFTWARE SERVICES LTD
295.00
SAI C KANG
AGREEMENT DYNAMICS INC
90.00
824.49
MYRIAM LOMBARDO
140.00
25 MINUTE PHOTO
125.31
FREEWAY TRAILER SALES INC
EN POINTE TECHNOLOGIES
238.48
19,619.68
100.00
IACP
ADOLFSON ASSOCIATES INC
817.27
THE ST PAUL
2,045.75
756.12
LEVICH ADVERTISING INC
RONALD JORGENSEN
COMMISSION ON ACCREDITATION
300.80
450.00
SOUTH KING HUMAN SVCS COUNCIL
50.00
OLEG K STEKLAR
142.50
INCA ENGINEERS INC
TECHNOLOGY INTEGRATION GROUP
16,897.36
393.13
ARTCO CRAFTS
CASCADE COMPUTER MAINTENANCE
32.89
261.84
PAGE
SUMMARY DESCRIPTION
REC VIOLIN/KEYBOARD INSTRUCTN
DAMAGE TO RENTAL VEHICLE
KLCC KOREAN LUNCHES SUPPLIES
FACILITIES HVAC SYSTEM SVCS
FACILITIES PEST CONTROL SVCS
PETTY CASH FUND REIMBURSEMENT
DBC PROMOTIONAL ADVERTISING
ESCOM CONFERENCE FEE
DISTRICT COURT INTERPRETER SVC
NEGOTIATION WORKSHOP/MATERIALS
DISTRICT COURT INTERPRETER SVC
PRINTING/PHOTO SERVICES
CITY VEHICLE REPAIR & SUPPLIES
COMPUTER EQUIPMENT/SUPPLIES
IACP MEMBERSHIP DUES/SEMINARS
WETLAND BIOLOGIST SERVICES
VEHICLE CLAIM SETTLEMENT
CITY COFFEE MUGS
RECREATION PROGRAM CLASSES
POLICE CALEA CONFERENCE
HUMAN SVCS COUNCIL MEMBERSHIP
DISTRICT COURT INTERPRETER SVC
INTERSECTION MODIFICATION PROJ
COMPUTER EQUIPMENT/SUPPLIES
RECREATION PROGRAM SUPPLIES
LASER PRINTERS MAINTENANCE
CHEKREG2 CITY OF FEDERAL WAY PAGE
DATE 06/26/98 09 :21 CHECK REGISTER
DATE CHECK # VEND # NAME AMOUNT SUMMARY DESCRI PTION
06/26/98 141207 003111 NATIONAL MAINT CONTRACTORS INC 707.00 FACILITIES JANITORIAL SERVICE
06/26/98 141208 003119 FEDERAL WAY VACUUM REPAIR 24.00 DBC VACUUM CLEANER REPAIR/SUPP
06/26/98 141209 003138 NORMED 86.59 POLICE ANTISEPTIC GEL/SUPPLIES
06/26/98 141210 003174 SAN DIEGO POLICE EQUIPMENT CO 3,057.92 POLICE AMMUNITION SUPPLIES
06/26/98 141211 003220 KATHLEEN RORK POLLOCK PHD 550.00 POLICE EMPLOYMENT EVALUATIONS
06/26/98 141212 003259 FINANCIAL CONSULTANTS INT INC 230.47 POLICE RADIO REPAIR SERVICES
06/26/98 141213 003277 HAMRE/DASHNEA 341.00 POLICE EMPLOYMENT POLYGRAPH
06/26/98 141214 003305 ANNETTE SPICUZZA 1,286.40 EDUCATION ASSISTANCE REIMB
0
06/26/98 141215 003341 KING COUNTY- FINANCE DEPT 14.00 KING COUNTY BLDG PARKING FEES
06/26/98 141216 003371 OFFICE TEAM 1,623.36 OFFICE TEMPORARY HELP SERVICES
06/26/98 141217 0033 91 CRAFT OUTLET 69.43 RECREATION PROGRAM SUPPLIES
rïl 06/26/98 141218 003398 WILLIAM MCATEER 54.60 POLICE BUSINESS REIMBURSEMENT
cA., 06/26/98 141219 003435 DUNCAN EQUIPMENT COMPANY 207.27 POLICE EVIDENCE SUPPLIES
06/26/98 141220 003460 ROBERT PIEL 128.80 POLICE EXPENSE REIMBURSEMENT
06/26/98 141221 003469 ROAD WARRIORS INC 1,237.64 TRAFFIC CONTROL SERVICES
06/26/98 141222 003472 RATELCO COMMUNICATION SVC INC 46.16 POLICE RADIO REPAIRS
06/26/98 141223 003474 LElRA (LAW ENFORCEMENT INFO) 220.00 LElRA MEMBERSHIPS & CONFERENCE
06/26/98 141224 003549 RAINIER PHOTO SUPPLY 627.17 PHOTOGRAPHIC SUPPLIES
06/26/98 141225 003563 VALLEY COMMUNICATIONS CENTER 81,881.00 POLICE EMERGENCY DISPATCH SVCS
06/26/98 141226 003565 BEL CUSTOM CLEANERS (DBA) 2,526.04 POLICE UNIFORMS CLEANING SVCS
06/26/98 141227 003619 FEDERAL WAY CYCLE CENTER 242.25 POL MOTORCYCLE REPAIR/SUPPLIES
06/26/98 141228 003643 HELSELL FETTERMAN LLP 1,190.17 PROFESSIONAL LEGAL SERVICES
'.
06/26/98 141229 003652 CAHHS INC 19.00 POLICE AWARD SUPPLIES
06/26/98 141230 003653 CASCADE WEAR LTD 468.00 MOTORCYCLE UNIFORM CLOTHING
06/26/98 14'1231 003675 ART CRAFT INC 280.33 RECREATION PROGRAM SUPPLIES
06/26/98 141232 003713 KING COUNTY PUBLic HEALTH DEPT 3,582.49 LIQUOR PROFITS & EXCISE TAX
CHEKREG2
DATE 06/26/98
DATE
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
íI\
J)
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09: 21
CHECK #
141233
141234
141235
141236
141237
141238
141239
141240
141241
141242
141243
141244
141245
141246
141247
141248
141249
141250
141251
141252
141253
141254
141255
141256
141257
141258
VEND #
003718
003719
003798
003800
003829
003837
003843
003844
003873
003874
003891
003903
003929
003955
003983
003987
004004
004029
004090
004113
004128
004166
004175
004181
004188
004196
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
AMOUNT
JENKINS, HARDY & ASSOC, PLLC
FEDERAL WAY CARPET/UPHOLSTERY
150.00
60.00
TAM SWETT
AVA (ASSN FOR VOLUNTEER ADMIN)
194.40
40.00
PRO JET POWER WASHERS INC
1,155.50
11.50
UNITED PARCEL SERVICE
PACIFIC HARBORS COUNCIL-BSA
209.00
TRT EXPRESS
SIGN-A-RAMA
800.00
76.02
1,526.00
MCHUGH PROPERTIES
SIGN LANGUAGE SIGN COMPANY
1,046.06
80.00
POP'S E-Z POPCORN & SUPPLY CO
WELLNESS ACTIVITIES COMMITTEE
OHANA NURSERY
20.00
9,688.02
3,437.65
SEAFIRST BANK
NORTHWEST NEXUS INC
500.00
PACIFIC COAST FORD INC
WILL PARKER
150.00
133.60
CREATIVE MINDS
249.63
LISA M READ P.E.
7,455.00
MINUTEMAN PRESS INTERNATIONAL
882.13
CSCDHH
SUNNY JACKSON
50.00
53.02
MICHAEL STRONG
194.40
ANN GARDNER
490. 02
LASER QUEST - FEDERAL WAY
88.00
PAGE
SUMMARY DESCRIPTION
PUBLIC DEFENSE SERVICES
POLICE BLDGS CARPET CLEANING
EDUCATION ASSISTANCE REIMB
POLICE AVA MEMBERSHIP DUES
HOSE REEL ASSEMBLY PARTS
DOCUMENTS DELIVERY SERVICES
POLICE EXPLORER CHARTER FEES
RECYCLING SERVICES
WESTWAY SUB-STATION SIGNS
SPACE LEASE FOR POLICE USE
RECREATION BANNERS
RECREATION CONCESSION SUPPLIES
VOLUNTEER T-SHIRT AWARD
RETAINAGE PAYABLE RELEASE
R W SCOTT CONSTRUCTN RETAINAGE
NETWORK SERVICE/CONNECTION
POLICE VEHICLES/EQUIPMT LEASE
CITY BUSINESS REIMBURSEMENT
RECREATION CLASS SUPPLIES
CONSTRUCTION PLAN REVIEW SVCS
PRINTING SERVICES
SIGN LANGUAGE INTERPRETER SVCS
POLICE BUSINESS REIMBURSEMENT
EDUCATIONAL ASSISTANCE REIMB
DBC COMMISSIONED ART
TICKETS FOR RECREATION EVENT
CHEKREG2
DATE 06/26/98
DATE
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
rn
Ii
06/26/98
.06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
06/26/98
09: 21
CHECK #
141259
141260
141261
141262
141263
141264
141265
141266
141267
141268
141269
141270
141271
141272
141273
141274
141275
141276
141277
141278
141279
141280
141281
141282
141283
141284
VEND #
004218
004234
004246
004256
004258
004260
004262
004280
004281
004288
004297
004313
004317
004318
004334
004345
004346
004351
004354
004360
004368
004380
004388
004391
004396
004403
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
TIMCO INC
ABT TOWING OF FEDERAL WAY INC
SARAH TUTTLE
PACIFIC RIM PROTOCOL
WA STATE-DEPT OF LICENSING
STAN PALMER CONSTRUCTION INC
ARTECH HOUSE INC
NORTHWEST JANITORIAL SUPPLY
NATIONAL SAÑITARY SUPPLY CO
LAKE TAPPS PRESSURE WASH
ACCESSTO COMPUTER SUPPLY
OTTO ROSENAU & ASSOCIATES INC
RITZ CAMERA ONE HOUR PHOTO
EDGEWOOD NATIONAL INC
RYAN PLANNING RESOURCES
ALLEN DAVENPORT
DESERT SOUTHWEST FITNESS INC
KENADAR CORPORATION
DON JENSEN
NATIONAL CONCRETE CUTTING INC
SECOA
MICRO DATA BUSINESS FORMS
SILHOUETTE LIGHTS & STAGING
ORIENT EXPRESS TRAVEL
DEBORAH HOFFMAN
HARR I S KHAMMANY
AMOUNT
48.99
22.81
57.34
191.10
3,249.00
51,066.86
192.00
351.71
360.80
350.50
69.00
5,740.00
746.43
1,157.68
631. 68
36.00
161.00
3,009.47
89.25
370.60
13,023.31
1,652.95
.
6,439.93
215.00
74.77
90.00
PAGE
SUMMARY DESCRIPTION
SWM EQUIPMENT REPAIR SUPPLIES
VEHICLE TOWING SERVICES
POLICE BUSINESS REIMBURSEMENT
RECREATION INSTRUCTOR
CONCEALED WEAPON PERMIT FEES
CELEBRATION PARK DEVELOPMENT
DP PUBLICATIONS
FACILITIES JANITORIAL SUPPLIES
FACILITIES JANITORIAL SUPPLIES
COMMERCIAL FLEET WASHING SVCS
COMPUTER EQUIPMENT/ACCESSORIES
CP TESTING & INSPECTION SVCS
CAMERA SUPPLIES/FILM DEVELOPMT
VEHICLE TRUCKBED ACCESSORIES
COMPREHENSIVE PLAN UPDATES
RECREATION CLASS INSTR/SUPPL
POLICE TRAINING SERVICES
THEATRE GLASS BLOCK INSCRPTNS
POLICE SUPPLIES
CONCRETE CUTTING & CORING
LIGHTING FOR DUMAS BAY THEATRE
PRINTING SERVICES
THEATRE LIGHTING SUPPLIES
AIRFARE-CITY BUSINESS TRAVEL
CITY BUSINESS REIMBURSEMENT
DISTRICT COURT INTERPRETER SVC
CHEKREG2 CITY OF FEDERAL WAY
DATE 06/26/98 09: 21 CHECK REGISTER
DATE CHECK # VEND # NAME
06/26/98 141285 004408 CENTURY CITY SHOE REPAIR
06/26/98 141286 004409 BARB INGHAM
06/26/98 141287 004410 JULIE FOSTER
06/26/98 141288 004413 DON WILKINSON
06/26/98 141289 004417 JEFFREY C SCHWAB
06/26/98 141290 004418 OLGA FEDOROV
06/26/98 141291 004420 EVENT DYNAMICS INC
06/26/98 141292 004421 WARRANTY PLUS
06/26/98 141293 004432 CITY OF VANCOUVER
06/26/98 141294 004437 CONSOLIDATED DELIVERY &
TOTAL CHECKS
Y
'l1
AMOUNT
10.99
51.04
54.07
200.00
67.50
90.00
205.00
43.44
490.00
29.85
898,516.06
JOB WAS COMPLETED SUCCESSFULLY
PAGE 10
SUMMARY DESCRIPTION
MOTORCYCLE BOOT REPAIRS
CITY BUSINESS REIMBURSEMENT
CITY BUSINESS REIMBURSEMENT
VIDEO CONSULTING SERVICES
RUSSIAN INTERPRETER SERVICES
RUSSIAN INTERPRETER SERVICES
PLAN ASSOC OF WA CONFERENCE
COMPUTER EQUIPMENT REPAIR SVCS
POLICE TRAINING SERVICES
COURIER DELIVERY SERVICES
"
"
CHEKREG2 CITY OF FEDERAL WAY PAGE
DATE 07/14/98 10 :47 CHECK REGISTER
DATE CHECK 'n VEND n NAME AMOUNT SUMMARY DESCRIPTION
07/02/98 141295 GATEWAY CENTER, INC, 47,995,00 REF:CASH BOND:DAN CASEY97-0200
07/02/98 141296 004406 ALLEYOPP 350,00 4TH OF JULY PERFORMER
07/02/98 141297 004398 HOUSEQUAKE 1,500,00 ENTERTAINER SERVICES
07/02/98 141298 004405 JIM VALLEY/THE RAINBOW PLAYER 1,750,00 4TH OF JULY PERFORMER
07/02/98 141299 003221 AVR PRODUCTIONS 1,650.00 JULY 4TH SOUND TECHNICIAN
07/02/98 141300 004407 MICHAEL POWERS GROUP 1,000,00 4TH OF JULY PERFORMER
07/02/98 141301 000002 SOUND VIEW AUTO BODY INC 1,678,96 CITY VEHICLES MAINT & REPAIRS
07/02/98 141302 001166 PETTY CASH - 1,425.00 PETTY CASH FUND REIMBURSEMENTS
07/08/98 141303 002615 FEDERAL WAY SYMPHONIC BAND 800.00 REC SUMMER CONCERT SERIES
07/08/98 141304 004451 SEATTLE MORTGAGE 330.00 DEED OF TRUST PARTIAL RELEASE
(1\ 07/14/98 141308 PLUMB SIGN CORPORATION 75.00 REFUND: ELECTRICAL FIXTURES
Ñ 07/14/98 141309 W.A. BOTTING COMPANY 335.00 REFUND :MECHANICAL PERMIT/ISSUE
07/14/98 141310 MIKE MIZUMOTO 58.50 REFUND: PLAN CHECK FEE
07/14/98 141311 T JENSEN CONSTRUCTION, INC. 260.00 REFUND:EXPEDITED REVIEW
07/14/98 141312 CARY LANG CONSTRUCTION 100.00 REF: CASHBND: CARY LANG CONSTR,
07/14/98 141313 HELEN WOODKE 87.00 REFUND: REC CLASS REGISTRATION
07/14/98 141314 MARIA KIM 27.00 REFUND: R'EC CLASS REGISTRATION
07/14/98 141315 SHIRLEY GANO 112.00 REFUND: REC CLASS REGISTRATION
07/14/98 141316 ST. LUKES CHURCH 50.00 REFUND: PICNIC DAMAGE DEPOSIT
07/14/98 141317 DEBRA FORSYTH 12.00 REFUND: REC CLASS REGISTRATION
07/14/98 141318 VARSHA CHANGE LA 37.00 REFUND: RÈè CLASS REGISTRATION
'.
07/14/98 141319 EDNA MAE DARROW 5.00 REFUND: REC CLASS REGISTRATION
07/14/98 141320 DEANNA CRATSENBERG 27.00 REFUND: REC CLASS REGISTRATION
07/14/98 141321 KIM WOLFF 30.00 REFUND; REC CLASS REGISTRAITON
07/14/98 141322 JULIANNE BUFFELEN 78.00 REFUND: REC CLASS REGISTRATION
07/14/98 141323 DIRECTIONS NORTHWEST 125.00 DBC-DMG DPST REF 3/20-21/98
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
r1ì
\}J
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14 /98
10,47
CHECK #
141324
141325
141326
141327
141328
141329
141330
141331
141332
141333
141336
141337
141338
141339
141340
141341
141342
141343
141344
141345
141346
141347
141348
141349
141350
141351
VEND #
000004
000022
000033
000041
000043
000046
000051
000055
000056
000061
000063
000075
000089
000096
000097
000101
000104
000106
000109
000111
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
RICA GARRISON
DAVE VANCE
AMERICAN MASSAGE THERAPY ASSO.
TANYA TREDO
CAYAS-WASHINGTON LIBRARY ASSO.
INDIA CHRISTIAN FELLOWSHIP
ASSOC OF WASHINGTON CITIES
LAKEHAVEN UTILITY DISTRICT
FIRESAFE INC
MURTOUGH SUPPLY COMPANY INC
NEW LUMBER & HARDWARE COMPANY
OREGONIAN PUBLISHIr,lG COMPANY
PUGET SOUND ENERGY
SEATTLE TIMES
SIR SPEEDY PRINTING CENTER
WA STATE-REVENUE DEPARTMENT
CORPORATE EXPRESS
A T & T WIRELESS SERVICES
NEWS TRIBUNE
LAKEHAVEN UTILITY DISTRICT
EDEN SYSTEMS INC
PETTY CASH
EDELINE M LOGREYRA
SELECT TRAVEL INC
ACTIVE SECURITY CONTROL (DBA)
RADIO SHACK
AMOUNT
250.00
80.99
50.00
250.00
50.00
75.00
220.00
47.51
14.63
201.62
477.25
332.49
16,002.71
1,169.60
316.72
8,992.15
1,418.38
2,066.72
3,669.02
1,639.04
53,648.40
176.24
105.00
1,796.00
496.02
26.04
PAGE
SUMMARY DESCRIPTION
DBC-DMG DPST REF 6/20/98
DBC-REF OVERPAYMENT 6/21-23/98
DBC-REF DMG DPST 6/12-14/98
DBC-DMG DPST REF 6/12/98
DBC-REF DMG DPST 6/5-6/98
DBC-REF DMG DPST 6/27/98
AWC LEADERSHIP CONFERENCE
SWM HYDRANT PERMIT
FIRE EXTINGUISHER SERVICES
CITY BLDGS MAINT SUPPLIES
REPAIR & MAINTENANCE SUPPLIES
NEWSPAPER ADVERTISEMENTS
CITY FACILITIES ELECTRIC & GAS
NEWSPAPER ADVERTISEMENTS
PRINTING SERVICES
QUARTERLY COMBINED EXCISE TAX
OFFICE SUPPLIES & EQUIPMENT
CELLULAR PHONES AIR TIME
NEWSPAPER ADS & SUBSCRIPTIONS
CITY FACILITIES WATER & SEWER
SOFTWARE LICENSE/USE AGREEMENT
PETTY CASH '"FUND REIMBURSEMENTS
DISTRICT COURT INTERPRETER SVC
AIRFARE FOR CITY BUSINESS TRVL
FACILITIES/FLEET LOCKSMITH SVC
BATTERIES FOR PARCS DEPARTMENT
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
\1\
I
07/14/98
07(14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14 /98
07/14/98
07/14/98
07/14/98
10 :47
CHECK #
141352
141353
141354
141355
141356
141357
141358
141359
141360
141361
141362
141363
141364
141365
141366
141367
141368
141369
141370
141371
141372
141373
141374
141375
141376
141377
VEND #
000112
000125
000142
000152
000163
000168
000190
000196
000201
000202
000217
000267
000286
000294
000308
000317
000328
000332
000340
000341
000343
000368
000373
000379
000414
000428
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
PACIFIC COAST FORD INC
KING COUNTY FINANCE DIVISION
CITY OF FED WAY-ADVANCE TRAVEL
ELECTRO PRODUCTS/CABLE CO
KING COUNTY DISTRICT COURT
DAILY JOURNAL OF COMMERCE INC
APA-AMERICAN PLANNING ASSOC
FORTE RENTALS INC
KINKO'S INC
U S WEST COMMUNICATIONS
FEDERAL EXPRESS CORPORATION
KING COUNTY PUBLIC. SAFETY DEPT
A T & T WIRELESS SERVICES
VILMA SIGNS
SUBURBAN CITIES ASSOCIATION
MUNICIPAL CODE CORPORATION
ERNIE'S FUEL STOPS (DBA)
ABC LEGAL MESSENGERS INC
WA STATE-INFORMATION SERVICES
SUNRISE SELF STORAGE
ELEPHANT CAR WASH
PERKINS COIE
KING COUNTY BAR ASSOCIATION
SOUTH COUNTY JOURNAL
CAFE PACIFIC CATERING INC
WRPA-WA REC & PARK ASSOC
AMOUNT
341. 96
1,090.64
1,729.29
93.21
43,965.72
1,409.10
265.00
1,097.14
1,058.53
248.85
17.00
416.46
33.36
1,094.68
10.00
485.00
6,742.58
106.00
1,139.07
135.00
581.08
71.50
775.00
872.50
4,123.67
90.00
PAGE
SUMMARY DESCRIPTION
VEHICLE MAINTENANCE & REPAIRS
INTERGOVERNMENTAL SERVICES
CITY BUSINESS TRAVEL EXPENSES
TELECOMMUNICATION CABLES
DISTRICT COURT FILING FEES
NEWSPAPER LEGAL NOTICES
APA MEMBERSHIP DUES/PUBLICATN
EQUIPMENT RENTAL/SUPPLIES
PRINTING SERVICES
CITY FACILITIES PHONE SERVICES
DOCUMENTS EXPRESS DELIVERY SVC
KING COUNTY SPECIALITY SVCS
PAGERS MONTHLY SERVICE
PRINTED VEHICLE DECALS
SCA DINNER MTG/MEMBERSHIP DUES
MUNICIPAL CODE SUPPLEMENTS
GASOLINE FOR CITY VEHICLES
LEGAL MESSENGER SERVICES
SCAN LONG DISTANCE SERVICE
STORAGE UNITS RENTAL FEES
POLICE VEHICLE CAR WASHES
LEGAL SERVtCES
KING COUNTY BAR DUES
SOUTH COUNTY ADVERTISEMENT
DUMAS BAY CENTRE CATERING SVCS
WRPA MEMBERSHI P DUES
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
(11
Ùl
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
10,47
CHECK #
141378
141379
141380
141381
141382
141383
141385
141386
141387
141388
141389
141390
141391
141392
1413 93
141394
141395
141396
141397
141398
141399
141400
141401
141402
14'1403
141404
VEND #
000437
000438
000475
000520
000564
000566
000570
000575
000578
000588
000618
000630
000671
000697
000707
000721
000723
000724
000730
000738
000754
000768
000771
000783
000792
000808
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
AMOUNT
ASSOCIATED COURIERS INC
25.00
DELI SMITH & CHOCOLATE JONES
72 .16
CUSTOM SECURITY SYSTEMS
162.74
WSAMA
50.00
KING COUNTY PET LICENSE
1,283.00
POPICH SIGN COMPANY
EAGLE TIRE & AUTOMOTIVE (DBA)
80.36
1,925.84
ATTORNEYS INFORMATION BUREAU
20.00
DETAIL PLUS
575.58
382.99
TACOMA PUBLIC UTILITIES
UNITED HORTICULTURAL SUPPLY
212.30
LLOYD ENTERPRISES ~NC
154.76
H D FOWLER COMPANY
733.91
PIERCE COUNTY BUDGET & FINANCE
22,444.17
PLANNING ASSOC OF WASHINGTON
130.00
AMERICAN CONCRETE INC
SOUND RESOURCE MGMT GROUP INC
519.93
410.36
HOMEGUARD SECURITY SERVICES
43.90
ENTRANCO
2,489.55
166.08
G I JOE'S FEDERAL WAY
OXYGEN SALES & SERVICE INC
67.16
BSN SPORTS
136.09
COSTCO
725.99
FEDERAL WAY DISPOSAL CO INC
285.88
BARRY'S TRUCKING & LANDSCAPING
PLATT ELECTRIC SUPÞLY
6,597.45
131.10
PAGE
SUMMARY DESCRIPTION
COURIER SERVICES
FOOD SUPPLIES FOR MEETINGS
ALARM MONITORING & SERVICES
WSAMA MEMBERSHIP DUES
PET LICENSE FEES COLLECTED
PRINTED SIGNS & NAME PLATES
VEHICLE MAINTENANCE/REPAIRS
LAW INFORMATION RETAINER/SVCS
FLEET VEHICLE DETAILING WORK
CITY FACILITIES WATER SERVICES
PARKS GROUNDS MAINT SUPPLIES
PARCS TOPSOIL
BLUEBERRY FARM SUPPLIES
PUBLIC LEGAL DEFENSE SERVICES
PLANNING LAW CONFERENCE FEES
CEMENT & SURFACING MATERIALS
SOLID WASTE FRANCHISE REVIEW
FACILITIES ALARM MONITORING
ROADS IMPROVEMENT ENGINEERING
SWM SAFETY CLOTHING/FLEET SUPL
WELDING/MISC SUPPLIES
RECREATION -'PROGRAM EQUIPMENT
HOUSEHOLD SUPPLIES/EQUIPMENT
RECYCLING DISPOSAL SERVICES
BPA/CELEBRATION PK CLEANUP SVC
ELECTRICAL MAINTENANCE SUPPLY
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
ill
f
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
10: 47
CHECK #
141405
141406
141407
141408
141409
141410
141411
141412
141413
141414
141415
141416
141417
141418
141419
141420
141421
141422
141423
141424
141425
141426
141427
141428
141429
141430
VEND #
000854
000873
000874
000878
000885
000891
000914
000938
000939
000947
000955
000977
000989
000991
001018
001052
001064
001066
001110
001131
001160
001166
001189
001194
001233
001234
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
D J TROPHY
TARGET /DAYTON' S CHARGE ACCOUNT
MACHINERY COMPONENTS INC
XEROX CORPORATION
PARKER PAINT MANUFACTURING CO
OFFICE DEPOT CREDIT PLAN
ABOLINS AV PHOTOGRAPHICS
PRYOR RESOURCES INC
CULLYSPRING WATER COMPANY INC
SQUEEGEE CLEAN WINDOW CLEANING
MUTUAL MATERIALS COMPANY
MEASUREMENT RESEARCH CORP
FRED MEYER INC
CASCADE COFFEE INC
NELSON TRUCK EQUIPMENT CO INC
GENUINE PARTS COMPANY
METROPOLITAN PARK DISTRICT
BIG WHEEL AUTO PARTS
M'AYA ELECTRIC
EVERGREEN AUTO ELECTRIC INC
KUKER-RANKEN INC
PETTY CASH
PETTY CASH
AMERICAN HOSE & FITTINGS INC
A T & T BUSINESS SERVICE
.,
MCCARTHY CAUSSEAUX ROURKE INC
AMOUNT
47.02
185.37
356.67
145.52
135.24
118.37
1,076.41
125.00
119.67
2,000.00
239.69
2,172.00
153.61
115.42
3,843.35
103.15
82. so
133.18
12,402.68
2,326.16
67.57
96.61
219.43
27.67
51. 02
402.50
PAGE
SUMMARY DESCRI PTION
PRINTED NAME PLATES/PLAQUES
RECREATION EVENT SUPPLIES
MOWER REPAIR PARTS/SUPPLIES
FAX MACHINE CARTRIDGES
PAINT SUPPLIES FOR FACILITIES
OFFICE EQUIPMENT & SUPPLIES
SLIDE/OVERHEAD PROJECTOR
TRAINING SEMINARS
PARK FACILITIES BOTTLED WATER
FACILITIES JANITORIAL SERVICES
SWM CONCRETE & MATERIALS
PAVEMENT SOFTWARE MAINT SVCS
RECREATION/POLICE SUPPLIES
COFFEE SUPPLIES FOR MEETINGS
FLEET TRUCK BED ACCESSORIES
FLEET REPAIR & MAINT SUPPLIES
NW TREK ADMISSION FEES
FLEET REPAIR & MAINT SUPPLIES
ELECTRICAL SERVICES & MATERIAL
FLEET LIGHT BARS/EQUIPMENT
ENGINEERING DRAFTING SUPPLIES
PETTY CASH' FUND REIMBURSEMENTS
PETTY CASH FUND REIMBURSEMENTS
PKS/SWM MAINT REPAIR SUPPLIES
LONG DISTANCE PHONE SERVICES
HEARING EXAMINER SERVICES
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
m
..J
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
10 :47
CHECK #
141431
141432
141433
141434
141435
141436
141437
141438
141439
141440
141441
141442
141443
141444
141445
141446
141447
141448
141449
141450
141451
141452
141453
141454
141455
141456
VEND #
001241
001263
001267
001297
001315
0013 90
001424
001431
001432
001470
001545
001548
001552
001563
001601
001618
001630
001690
001715
001716
001732
001777
001802
001805
001861
001870
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
AMOUNT
WEST COAST AWARDS
283.72
MICHAELS STORES
TOP FOODS HAGGEN INC
264.00
390.09
FACILITY MAINTENANCE CONTRACTR
6.27
MOUNTAIN MIST WATER
509.50
EAGLE HARDWARE & GARDEN 009859
SOUND ELEVATOR
557.84
105.38
M A SEGALE INC
DON SMALL & SONS OIL
1,826.35
117.35
ALLTEL SUPPLY INC
10.40
325.80
C D LAW
IMAGE MASTERS INC
87.85
PETTY CASH-KLCC REC DEPT
132.87
JDK SMALL ENGINE REPAIR INC
26.01
TAK INC
SPEEDY AUTO GLASS
1,262.86
1,326.97
BLUMENTHAL UNIFORM CO INC
898.68
TOYS R US
39.24
TRUGREEN - CHEMLAWN
352.95
B J & SONS
358.38
HANSEN COMMUNICATIONS INC
85.31
ADOLPH KIEFER & ASSOCIATES
49.88
PACIFIC ELECTRONICS INC
549.72
VADIS NORTHWEST
3,866.00
AOR/ASSOC OF OREGON RECYCLERS
100.00
BANK OF NEW YORK
406.56
PAGE
SUMMARY DESCRIPTION
UNIFORM CLOTHING ITEMS/SUPPLY
POL/REC PROGRAM SUPPLIES
RECREATION PROGRAM SUPPLIES
FINANCE CHARGES
CITY HALL/POLICE BOTTLED WATER
MAINTENANCE & REPAIR SUPPLIES
CITY HALL BLDG ELEVATOR MAINT
ASPHALT OVERLAY PROJECT
HEATING OIL FOR REC ANNEX BLDG
DUMAS BAY CENTRE PHONE JACKS
WASHINGTON STATUTES UPDATES
OFFICE SUPPLIES
PETTY CASH FUND REIMBURSEMENT
EQUIPMENT REPAIRS & SUPPLIES
PRINTING SERVICES
CITY VEHICLE WINDSHIELD REPAIR
POLICE UNIFORMS & ACCESSORIES
REC CLASSES EQUIPMENT/SUPPLIES
PARKS PESTICIDE SPRAYING SVCS
FACILITIES REPAIRS & MAINT SVC
SWM AFTER HOURS ANSWERING SVCS
REC AQUATIC PROGRAM EQUIPMENT
RADIO EQUIPMENT & SERVICES
ROADS LANDSCAPE/LITTER CONTROL
ASSOC OF OREGON RECYCLERS DUES
LTGO BONDS MAINT /ADMIN FEES
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14198
07/14/98
07/14/98
III
"Q.
07/14/98
07/14198
07/14/98
07/14/98
07/14/98
07/14198
07/14/98
07/14/98
07/14/98
07/14198
07/14/98
07/14/98
07/14/98
07/14198
07/14/98
07/14/98
10 :47
CHECK #
141457
141458
141459
141460
141461
141462
141463
141464
141465
141466
141467
141468
141469
141470
141471
141472
141473
141474
141475
141476
141477
141478
141479
141480
141481
141482
VEND #
001893
001902
001936
001939
001988
001990
002010
002044
002075
002087
002093
002123
002131
002231
002308
002311
002379
002392
002414
002426
002477
002544
002545
002547
002548
002557 ,
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
FEDERAL WAY SCHOOL DISTRICT
MYERS MASTER LAWN CARE
PAGENET
LANDAU ASSOCIATES INC
SERVICE LINEN SUPPLY
WESTERN LINEN/wELCOME MAT
KCM INC
PACIFIC SAFETY SUPPLY INC
PATRICIA MA'LONE
WHITMAN & ASSOCIATES INC
RALEIGH, SCHWARZ & POWELL INC
PAPER FACTORY'S PARTY WORLD
B2 EQUIPMENT COMPANY INC
SHELDON & ASSOCIATES INC
ISLAND TIME STEEL BAND
VIDEO ONLY
PACIFIC TOPSOILS INC
REGIONAL TELEPHONE DIRECTORY
MINNESOTA WESTERN
UNITED GROCERS INC
HOME DEPOT
HYUNDAI FOOD
PACIFIC AIR CONTROL INC
W W GRAINGER INC
SPRAGUE PEST CONTROL
PETTY CASH FUND-'PARKS MAINT
AMOUNT
41,672.00
19,806.96
691.37
186.31
82.56
59.46
8,036.87
163.89
16.35
978.00
3,150.00
282.44
326.89
287.50
600.00
32.58
307.50
84.20
245.44
311.24
18.29
146.71
146.70
211.42
86.88
76.53
PAGE
SUMMARY DESCRIPTION
SCHOOL IMPACT FEES COLLECTED
PARKS/pW LANDSCAPE MAINT SVCS
PAGERS LEASE & SERVICES
ENGINEERING REVIEW SERVICES
KLCC KITCHEN LINEN SERVICES
KLCC RENTAL MAT SERVICES
STAR LAKE BASIN DRAIN IMPROVMT
CONSTRUCTION SIGN REPAIRS
RWBF BALLOON ARTIST
FACILITIES CARPET CLEANING
BROKER SERVICE FEES
SUPPLIES FOR REC EVENTS
SWM PLASTIC WATER TANK
WETLANDS BIOLOGIST SERVICES
REC SUMMER CONCERT PERFORMANCE
POL ELECTRONICS EQUIPMENT/supp
SWM TOPSOIL MATERIAL DISPOSAL
DBC PROMOTIONAL ADVERTISING
OVERHEAD PROJECTOR REPAIRISVC
RECREATION PROGRAM SUPPLIES
PARKS MAINTENANCE SUPPLIES
KLCC KOREAN LUNCHES SUPPLIES
FACILITIES HVAC SYSTEM SVCS
SWM/pARKS MAINT EQUIPMENT/sUPP
FACILITIES PEST CONTROL SVCS
PETTY CASH FUND REIMBURSEMENT
CHEKREG2 CITY OF FEDERAL WAY PAGE
DATE 07/14/98 10,47 CHECK REGISTER
DATE CHECK # VEND # NAME AMOUNT SUMMARY DESCRIPTION
07/14/98 141483 002566 U S WEST COMMUNICATIONS 119.41 DBC PROMOTIONAL ADVERTISING
07/14/98 141484 002606 MCTRANS CENTER 420.00 PW TRAFFIC SOFTWARE/MANUAL
07/14/98 141485 002649 WA STATE- REVENUE DEPT, MISC TAX 3,527.36 LEASEHOLD EXCISE TAX
07/14/98 141486 002656 PETTY CASH FUND-SENIORS ACCT 99.97 PETTY CASH FUND REIMBURSEMENT
07/14/98 141487 002664 FLEX-PLAN SERVICES INC 229.50 FLEXIBLE SPENDING PLAN ADM SVC
07/14/98 141488 002682 INTERNATIONAL ASSOCIATION OF 40.00 IAEI ANNUAL ASSOCIATION DUES
07/14/98 141489 002797 MYRIAM LOMBARDO 105.00 DISTRICT COURT INTERPRETER SVC
07/14/98 141490 002798 HANNA NGUYEN 37.50 DISTRICT COURT INTERPRETER SVC
07/14/98 ~
141491 002807 MEHDI SADRI - 92.00 CITY BUSINESS REIMBURSEMENT
07/14/98 141492 002870 FREEWAY TRAILER SALES INC 111.33 CITY VEHICLE REPAIR & SUPPLIES
07/14/98 141493 002893 INDUSTRIAL BOLT & SUPPLY INC 73.03 PARKS MAINT SHOP EQP/SUPPLIES
m 07/14/98 IACP MEMBERSHIP DUES/SEMINARS
j 141494 002898 IACP 760.00
07/14/98 141495 002899 ADOLFSON ASSOCIATES INC 1,193.18 WETLAND BIOLOGIST SERVICES
07/14/98 141496 002926 LEVICH ADVERTISING INC 442.87 POLICE OUTERBANK SHIRTS
07/14/98 141497 002988 LAWYER NURSERY INC 108.20 PLANTS FOR PARK GROUNDS
07/14/98 141498 003036 THE SPOKESMAN-REVIEW 108.58 NEWSPAPER ADVERTISEMENTS
07/14/98 141499 003039 RONALD T WOOD 193.05 POLICE BUSINESS REIMBURSEMENTS
07/14/98 141500 003043 OLEG K STEKLAR 50.00 DISTRICT TOURT INTERPRETER SVC
07/14/98 141501 003048 PETTY CASH-PUBLIC SAFETY DEPT 294.17 PETTY CASH FUND REIMBURSEMENT
07/14/98 141502 003059 TEK-KIAT PEIRCE 37.50 DISTRICT COURT INTERPRETER SVC
07/14/98 141503 003070 KAREN K MCMILLION 880.00 DISTRICT COURT SCREENER SVCS
07/14/98 141504 003072 HLA INFRASTRUCTURE INC 4,796.76 MILITARY /STAR LK RD SIGNAL SVC
..
07/14/98 141505 003088 THE PART WORKS INC 47.82 FACILITIES REPAIR SUPPLIES
07/14/98 141506 003129 AMS LASER SUPPLY 300.82 LASER PRINTER TONER/SUPPLIES
07/14/98 1Ù507 003157 LES SCHWAB TIRE CTRS OF WA INC 556.44 FLEET VEHICLE REPAIR SERVICES
07/14/98 141508 003170 MODERN SECURITY S'/STEMS INC 30.00 ALARM MONITORING SERVICES
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
\11
~
CJ
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
10 :47
CHECK #
141509
141510
141511
141512
141513
141514
141515
141516
141517
141518
141519
141520
141521
141522
141523
141524
141525
141526
141527
141528
141529
141530
141531
141532
141533
141534
VEND #
003187
003209
003215
003233
003236
003266
003319
003385
003391
003410
003444
003472
003500
003563
003619
003645
003766
003834
003837
003846
003850
003898
003911
003959
003970
003977
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
TOM CHANEY
WASHINGTON POLYGRAPH
SEATTLE PUMP & EQUIPMENT CO
SPORTS SERVICE
QFC
TRENT D MILLER P. E.
THOMAS AND MEANS LLP
MEENA SHARMA
CRAFT OUTLET
BP OIL COMPANY
WEST CAMPUS CLEANERS
RATELCO COMMUNICATION SVC INC
WESCOM COMMUNICATIONS
VALLEY COMMUNICATIONS CENTER
FEDERAL WAY CYCLE CENTER
AMERICAN JANITORIAL SERVICE
TUCCI & SONS INC
SOUND TELECOM
UNITED PARCEL SERVICE
JOHN E REID & ASSOCIATES
MINNIE DHALIWAL
RADIO COMMUNICATION SERVICES
ENTERTAINMENT FIREWORKS INC
BARBARA WOLD
DELORES BOTKIN
KEY BANK VISA
AMOUNT
54.64
500.00
490.51
3,383.23
47.99
8,477.00
235.00
98.45
38.42
61.46
1,150.39
249.11
672.63
84,943.00
622.40
6,350.03
959.99
153.00
101.50
1,125.00
499.00
2,280.00
12,500.00
61.00
40.00
1,271.17
PAGE
SUMMARY DESCRIPTION
POLICE BUSINESS REIMBURSEMENT
POLICE EMPLOYMENT POLYGRAPHS
PWST HOSE REEL/PUMP END
POLICE FIREARMS/AMMUNITION
FOOD SUPPLIES FOR CITY EVENTS
PROJECT ENGINEER SERVICES
LAW ENFORCEMENT SEMINARS
RECREATION CLASS SUPPLIES
RECREATION PROGRAM SUPPLIES
FUEL FOR POLICE VEHICLES
POLICE UNIFORMS CLEANING SVCS
POLICE RADIO REPAIRS
EXPERT WITNESS/REPAIR SUP PUlES
. POLICE EMERGENCY DISPATCH SVCS
POL MOTORCYCLE REPAIR/SUPPLIES
DUMAS BAY CENTRE JANITORIAL SV
ROAD SIGNAL CONSTRUCTION SUPPL
PARK EMERGENCY ANSWERING SVC
DOCUMENTS DELIVERY SERVICES
POLICE REID SEMINAR
EDUCATION ASSIST REIMBURSEMENT
POLICE RADIO COMMUNICATION SVC
JULY 4TH FIREWORKS DISPLAY
JULY 4TH FACE PAINTING SVCS
POLICE EVIDENCE BLOOD DRAWS
POLICE BUSINESS TRAVEL EXPENSE
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
en
~
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
10: 47
CHECK #
141535
141536
141537
141538
141539
141540
141541
141542
141543
141544
141545
141546
141547
141548
141549
141550
141551
141552
141553
141554
141555
141556
141557
141558
141559
141560
VEND #
003987
003992
004004
004029
004083
004090
004093
004094
004128
004156
004169
004198
004203
004204
004218
004230
004258
004260
004273
004280
004319
004343
004357
004359
004366
004368
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
NORTHWEST NEXUS INC
ACN COMPUTERS
PACIFIC COAST FORD INC
WILL PARKER
APWA-AMERICAN PUBLIC WORKS
CREATIVE MINDS
U S WEST COMMUNICATIONS
DEREK MATHESON
MINUTEMAN PRÈSS INTERNATIONAL
ADVANCED LADDERS INC
WESTERN WASHINGTON GOLF COURSE
JOHN HOGE
HARRINGTON INDUSTRIAL PLASTICS
COLLEEN A HARTL
TIMCO INC
AGRA EARTH & ENVIRONMENTAL INC
WA STATE-DEPT OF LICENSING
STAN PALMER CONSTRUCTION INC
JEFFREY K DAY
NORTHWEST JANITORIAL SUPPLY
CAVANAUGH'S RIVER INN
GRANITE COMMUNICATIONS
REGIONAL DISPOSAL COMPANY
CENTURY SQUARE SELF-STORAGE
FLOYD EQUIPMENT COMPANY INC
SECOA
AMOUNT
500.00
225.89
405.00
137.18
84.00
57.18
393.65
63.70
1,097.50
809.07
45.00
15,600.00
57.43
1,125.00
53.38
3,215.17
777.00
876,968.70
150.00
73.11
303.88
211.00
680.13
95.00
34.66
2,881.15
PAGE 10
SUMMARY DESCRIPTION
NETWORK SERVICE/CONNECTION
COMPUTER SUPPLIES
POLICE VEHICLES/EQUIPMT LEASE
CITY BUSINESS REIMBURSEMENT
PUBLIC WORKS SOFTWARE/MANUAL
RECREATION CLASS SUPPLIES
DATA COMM LINE SERVICES
CITY BUSINESS REIMBURSEMENT
PRINTING SERVICES
LADDER/PLATFORMS FOR THEATRE
PARKS LANDSCAPE SEMINAR
DUMAS BAY COMMISSIONED ART
PARTS FOR UREA TANK
PROFESSIONAL LEGAL SERVICES
SWM EQUIPMENT REPAIR SUPPLIES
GENERAL GEOTECHNICAL SERVICES
CONCEALED WEAPON PERMIT FEES
CELEBRATION PARK DEVELOPMENT
PUBLIC DEFENDER SERVICES
FACILITIES JANITORIAL SUPPLIES
LODGING FOR POLICE CONFERENCE
TELECOMMUNICATIONS EQUIPMENT
CELEBRATION PARK DISPOSAL SVCS
SW&R STORAGE RENTAL FEES
FRAME FOR SPRAY TANK
LIGHTING FOR DUMAS BAY THEATRE
~
,-'1
CHEKREG2
DATE 07/14/98
DATE
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
rn
N
N
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
07/14/98
10,47
CHECK #
14156i
141562
141563
141564
141565
141566
141567
141568
141569
141570
141571
141572
141573
141574
141575
141576
141577
141578
141579
141580
141581
141582
VEND #
004369
004378
004381
004389
004394
004395
004416
004431
004433
004434
004436
004440
004441
004442
004443
004444
004449
004458
004459
004460
004462
004467
CITY OF FEDERAL WAY
CHECK REGISTER
NAME
ANACAPA SCIENCES
SAMBRASIL
HUMMINGBIRD COMMUNICATIONS LTD
PNTA-PACIFIC NORTHWEST THEATRE
NORTHWEST COMPUTER SUPPLIES
CONSOLIDATED ELECTRICAL DISTR
HYDRAULIC REPAIR & DESIGN
MADRONA PLANNING DVLPMT SVCS
SCOCCOLO CONSTRUCTION INC
SEAFIRST BANK
PITTCON SOFT FORMS CORPORATION
WSLEFIA-WA STATE LAW ENFORCEMT
IRIS STRIPLING
GARY CRAWFORD
JOHNNY HERNANDEZ
ECOLIGHTS NORTHWEST
SETON NAME PLATE COMPANY
JEFF TORREY
NW LEGAL SUPPORT INC
SANTIAGO CROMOG
COMMERCIAL LANDSCAPE SUPPLY
HAZEM EL-ASSAR
TOTAL CHECKS
JOB WAS COMPLETED SUCCESSFULLY
AMOUNT
545.00
850.00
3,051.00
76.02
225.30
3,790.57
3,122.28
2,537.16
139,317.50
7,332.50
90.00
240.00
100.00
91.00
50.40
2,240.00
253.80
66.05
92.50
60.00
274.38
53.35
1,592,103.51
Y
PAGE 11
SUMMARY DESCRIPTION
POLICE SEMINAR
REC SUMMER CONCERT PERFORMANCE
COMPUTER SOFTWARE/USER LICENSE
THEATRE LIGHTING SUPPLIES
COMPUTER & OFFICE SUPPLIES
THEATRE STAGE LIGHTING LAMPS
FLEET HYDRAULIC REPAIRS
ON-CALL PLANNING SERVICES
SW 340TH REGL STORAGE FACILITY
SCOCCOLO CONSTR RETAINAGE ACCT
ARCHITECTURAL METAL PRODUCTS
POLICE FIREARMS TRAINING
LOANED ART WORK
POLICE BUSINESS REIMBURSEMENT
POLICE BUSINESS REIMBURSEMENT
RECYC EVENT REFRIGERATOR DISPL
POL VINYL ID BAR CODE TAGS
CITY BUSINESS REIMBURSEMENT
LEGAL MESSENGER SERVICES
DISTRICT COURT INTERPRETER SVC
LANDSCAPE MAINT EQP/SUPPLIES
CITY BUSINESS REIMBURSEMENT
MEETING DATE: August 11, 1998
ITEM# :::::rL (Q.)
..........................................................................................................................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Monthly Financial Report
..........................................................................................................................................
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
..........................................................................................................................................
ATTACHMENTS: Monthly Financial Report
..........................................................................................................................................
SUMMARY /BACKGROUND: Month of June 1998
..........................................................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: Was approved by the
Finance Committee at their meeting on July 28, 1998.
..........................................................................................................................................
~~.~~. ~~.~.~.~~. ~.~.~.~.~~~~.~.~~.~~.~.. ~ =~... ~ :.:~r. ~~ tfi.....
APPROVED FOR INCLUSION IN COUNCIL PACKET: at.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICEI
COUNCIL ACTION:
_APPROVED
_DENIED
_TABLED/DEFERREDINO ACTION
COUNCIL BILL #
1st READING
ENACTMENT READ
ORDINANCE #
RESOLUTION #
..........................................................................................................................................
CITY 8F
,..-
ED ERAL
AY
MEMORANDUM
Date:
July 28,1998
To:
Finance, Economic Development & Regional Affairs Committee
From:
Marie Mosley, Deputy Management Services Director
Subject:
June Monthly Financial Report
, J-I(
Action Requested: (Ù'-'/~'
Accept the Monthly Financial Report and forward to the J~ Council meeting for approval.
APPROVAL OF COMMITTEE REPORT
Committee Chair: Mary Gates ~.#~committee Member: Jeanne Burbl
Committee Member: Linda Kochma( ~~d, ,,~ v-
J v'
0\
~~~
~~ RY"
Grmh.1
Fund Balance Composition $10.78 Million
Unreserved
18.2%
Snow & Ice
0.9%
Strategic Resv
18.6%
Designated
0.1%
June 1998, Monthly Financial Report
SWM
8.3%
P3/lntfnd
Loans
2.9%
TABLE OF CONTENTS
Introduction
Summary
Fund Balance Position 1
Revenues
Expenditure
2
Solid Waste
3.5%
Debt Svc
42.1%
Conclusion
2
7he Monthly Financial Report
(MFR) is intended to provide an
overview of financial activity that
have taken place in the reporting
period. This report focuses mainly
on activity incurred in the following
operating funds: General. Street,
Arterial Street, Utility Tax Projects,
Solid Waste, Snow and Ice
Removal, Paths & Trail, Surface
Water Management, Strategic
Reserve, Airport Strategic Reserve,
Debt Service, and Dumas Bay
Centre. There is a synopsis of the
City's Capital Improvement Funds on
pages 16 through 17. The Summary
of Sources and Uses (Attachment A)
captures financial activity through
June for the years 1994 through
1998.
SUMMARY
Overall, operating revenues
$18,051,253 are above the monthly
budget projection of $17,185,819 as
of June 1998, and operating
expenditures $13,910,666 are also
within the anticipated budget
expenditures $14,046,523 for the
period. The above results in the
City's operating funds having a
projected increase in fund balance of
$1,001,291 as of the end of June,
1998. Of this amount $593,184 is
related to Utility taxes and REET
which are for the payment of debt
service.
REVENUES
The City has collected $18,051,253
or 51.02% of the annual operating
budget ($35,382,868) thru June.
Operating revenues have grown
$2,165,841 or 13.6% compared with
activity through June 1997
($15,885,412) due primarily to the
addition of a utility tax rate increase
which was not effective until March,
1997. The favorable variance is
also attributed to Real Estate
Excise Taxes (REET) which are
continuing to exceed budgetary
estimates by $617,127 or 153.4%
(Attachment A reflects an estimated
accrual for June 1998). In addition,
fines and forfeitures are exceeding
budgetary projections by $81,630 or
25.0%.
State-shared revenues are
exceeding budgetary estimates by
$197,652 or 9.6%. Local criminal
justice sales tax to date of $550,726
is exceeding the estimated revenues
($478,871) by $71,855 or 15.0%.
Liquor Profits collected ($269,629)
are above budgetary estimates
($213,412) by $56,217 or 26.3%.
Equalization is exceeding estimated
revenues ($60,417) by $32,473 or
53.7%.
Sales tax revenues are exceeding
budgetary estimates ($3,785,325) by
$120,955 or 3.4% through May,
1998. Compared to 1997 activity
($3,455,783), revenues have
increased $208,587 or 6.0%.
Building permit and plan check
activity has stayed consistently
under budgetary projections by
$43,087 or 10.5%. Interest
earnings are exceeding original
estimates by $85,553 or 33.9%
through June. Finally, recreation
fees are above budget by $14,325
or 6.1 %. When compared to 1997
DZ-
..
City of Federal Way
activity, recreation fees
increased $7,528 or 3.1 %.
have
June 1998 Monthly Financial Report
EXPENDITURES
The City has expended $13,910,666
or 40.7% of the annual operating
budget ($34,169,953) through June.
Operating expenditures are below
the revised budget ($14,046,523) by
$135,857 or 1.0% and have
increased $961,314 or 7.4% when
compared with activity through June
1997 ($12,949,352). This variance
consists of savings in Management
SelVices, Criminal Legal SelVices,
Public Safety, Solid Waste and
Parks and Recreation and excess
expenditures in Community
Development and Public Works. It
is anticipated that these departments
will either meet projections or stay
within their budget as the year
progresses.
Management SeIVlces
expenditures total $740,121 which is
$1,973 or 0.3% below the revised
budget estimate ($742,094). The
expenditure savings are due
primarily to the concerted effort of
management to control temporary
help and overtime.
Community Development
Operations has expended
$1,276,034 or 45.4% of its annual
appropriation ($2,810,070).
Through June they have exceeded
their budget by $37.402 or 3.0%.
Compared with 1997 activities,
expenditures have decreased
$11,1940r 0.9%.
PARCS Operations expenditures
total $1,281,570 which is $58,781 or
4.4% below the revised budget
estimate ($1,340,351).
Expenditures have increased by
$35,161 or 2.8% as compared with
1997 activities.
Dumas Bay Centre expenditures
($198,221) are exceeding operating
budgetary estimates ($198,611) by
$390 or 0.2%. Compared with 1997
activities.' expenditures have
decreased by $4,541 or 2.2% while
corresponding revenue growth totals
$1,332 or 0.8% below budgetary
estimates ($165,292). Revenue
collections in 1998 are meeting
budgetary projections. Overall,
Dumas Bay Centre has recovered
86.6% of its 1998 operating costs
which is above the budgeted
recovery of 84.4%.
Public Works Operations is above
revised budget estimates
($1.421,982) by $47,964 or 3.4%,
and has expended $1.469,946 or
45.2% of its annual appropriation
($3,255,218).
The Solid Waste and Recycling
program is below its budgetary
projection ($117,713) by $4,051 or
3.4%.
Surface Water Management
Operations are,çelow projections by
$55,855 or 8.0%: Compared with
1997, public works expenditures
have increased $118,991 or 8.8%,
while SWM operations have
decreased by $142,243 or 18.1%.
The 1998 Asphalt Overlay
Program has incurred expenses of
$100,382 or 4.4% of it's appropriated
budget ($2,295.401). The project
was'awarded to M.A. Segale at the
May 19, 1998 Council Meeting in the
amount of $1,993,755. The
contractor has completed the
installation of the guardrails on 20th
PI. SW and 1st Ave S., finished
square cutting on S. 356th SI. and
will be begin square cutting on 1st
Ave S. They have completed the
removal and replacement of curb,
gutter, sidewalk and wheelchair
ramps and are currently overlaying
in Twin Lakes.
CONCLUSION
The overall operating revenues for
June are above the projected
monthly budget, with Real Estate
Excise Tax, Fines & Forfeitures,
Interest Earnings and Utility Tax
exceeding monthly budget
estimates. The overall operating
expenditures are below estimates at
this time, with Management
SelVices, Solid Waste & Recycling,
Public Safety and Parks and
Recreation under projections and,
Public Works and Community
Development exceeding projections.
It is anticipated that these
departments will meet their budget
projections as the'year progresses.
Should you have any questions
about this monthly financial report,
please contact the following staff.
This report is prepared by the following
staff of the Management Services
Department:
Marie Mosley 661-4063
Tho Kraus 661-4170
Mari Doring 661-4096
July 23,1998
I-=:: ::'
D
City of Federal Way
June 1998 Monthly Financial Report
Local Retail Sales Tax
Table 1 and Graph 4 summarize local retail sales tax revenues. Sales tax collections lag two months. For
May sales activities, the City accrues sales tax revenues in June, and the City receives cash in July. At the
time this report was prepared, sales tax revenues were not available for June. Attachment A reflects accrued
estimates. .
~
-- ---- ------------ - - ----- ---------
SALES TAX REVENUES
M., "" rh".,h M., u"
""0" -..
"'0,0" -.
"'0,0" ---.---.-
~ I ~ J i ~ I I ~ ~ ~ ì í ¡ ~ t ì ~ f ~ ~ ~ ; ¡ t
.
Through May sales tax proceeds totaled $3,664,370 which is $120,955 or 3.4% above the adopted budget
estimate ($3,543,414). .
.
Compared to 1997 May sales tax, revenues have increased $97,634 or 14.5%. The increase is due
primarily to a major manufacturing company reporting quarterly in 1998 versus monthly in 1997.
-.. 1 :::.
onua-y , , 84'.037 S
_.~ ' 5T',220
M- 5~576
, 585,009
'" 556,790
~.. 615,567
" 603.765
<u>." 619.020
opt.-, 009,152
"""'!'.. 627,343
"embe' 594,528
=-mbe' -~- 603.'80
Tot" $ 7,"',717 $
...bI.SoI.. $ 87"",843 $
""
A""'"
"'0.318 ,
580.171
500.911
597.16'
632.367
603.320
65'.123
635.050
628.97'
838.2"
818,785
"".256
T,IO8,'73 $
""","0 ,
"___~__h'__"",,",
---~-_.._.
:::.. I
882.234 ,
-'
573,567,
52'.567
599.100 1
617.531 I
678."" !
71~'"
8T8.731 I
"".050 ,
850.583 ,
84<,886 ,
T,fl8,'" ,
"~3",124 ,
7 ABLE 1
LOCAL RETAIL SALES TAXREVENUES
".,.""
:::., I :::.
883.229 , , 90>478'
607.790 , 6<0.967
577.022 58>"7
7"980 I 660.733
607.10< I 56'.058
600.594 857.032
650.'" ' 694.702
734.368 735.617
862886 657,100
886.751 887.585
66<.611 79~528
623.386 838.862
8,037,'<51 , """,209 $
""80~T8' $ """',0'"
"..
".......'
IV........ "V""""
8.96" ,.
53.926 , 8
(14.715)' -2,5
(24.84')1 -0,7
97.634 . 145
: 0
0
0,
0,
0
----'-----',
0
,-
,.
.....' .
""."7"
660,71' ,
590.311
680,2<5 '
671,527 ,
688.<66 ,
733,262 I
721,508
708,252
709,512
88S,778
698,'38
8,"'.13' $
1,008,221,823 $
A""'"
94',276 $
714.6<0
575.596
655,396
769.'"
',884,"" $
438,234,'" $
"0,155
14,"',354
c'
D
City of Federal Way
.'
June 1998 Monthly FinancIal Report
Graph 5 illustrates retail sales by industry sector,
~
RETAIL SALES TAX DISTRIBUTION
-'¡"'n'."",S",.,"
"'.""'mmN<",
63.7%
".",.,u"',.."",
---
Retail trade has generated the largest component of sales activity during May (63,7%) followed by
services (9.4%), construct/contract (6,5%), and wholesalin9 (6,1%), Manufacturing,
Transport/communication/utility, government, finance/insurance/real estate, and other activity generate
the remainder of sales tax receipts,
Table 2 and Graph 6 compare year-to-date sales tax 'growth by major industry sector between 1993 and 1998,
.
TABLE 2
COMPARlSON OF SALES TAX COLLEC7JONS BY SIC COOE GROUP
""""".M.y
(;Qmpo..., 1m ,... ..., "" ...7 .... Chan..'tOm .."
G"",p A""'8I A- A""'8I Actu81 Act,,", I Actual . Cha- "Cha-
elanT"", . 2,088,2« ' 2,'36,242 ' 2,063.$78 ' 2.235,616 ' 2,"',231 ' 2,33<,259 ' 93,D2B 4,2
seMce. 267,545 210,002 282,872 , 307,335 337,104 343,942 ' 8,838 2,
Con.IN~on"ct 212,725 230,873 273,247 ' 188,740 "',515 238,830 ' (',565) "',7
MoI...,òn. 186,782 178,421 252,888 35',502 18',743 224,006 ' 42,283 23,3
..n.pJC<HM1IUtin~ 146,853 '82,'07 131,021 '07,'82 148,135 '«,365 ' (4,770) .;¡
&nul8CtuUno 127,288 '28,734 156,'" "',818 176,060 223.2D4 ' 47,124 28,8
O!h.. 21,031 36, 34,567 33,"7 37,887 47,352 ' 8,465 25,
n"'n""'" e...te 28,078 28,494 30,017 31.668 43,"8 46,173 S 2,454 ',8
_menl 33,886 30,859 37.2'3 23,417 47,368 61,139 ' 13,770 28,'
Total S 3,063,432 S ',"',m . 3.282,S,8 . ""',125 , """783 , 3,S""70 ' """"7 I,
T........... S "8.285,"4 . 316,"2",.. . "',776,1'" I'S,o,...., . "",102,8" . """34,115 . 2""',1'. U
.
Compared with 1997, sales tax collections have increased $208,587 or 6,0%, The variances may be due
to the timing of when the tax retums are filed, The returns may be filed monthly or quarterly depending on
if certain criteria are met.
.
Retailing activity has increased by $93,028 or 4,2% compared to 1997 activities, The City has
experienced increased revenues overall in the retail sector.
.
Wholesaling related activity has increased by $42,263 or 23,3% when compared to 1997 activity due
primarily to increased activity,
.
Manufacturing activity has increased by $47,124 or 5,6% compared to 1997, The increase is due to a
major manufacturing company reporting quarterly in 1998 versus monthly in 1997. Sales tax recieved
from this company this reporting period covers January, February and March.
D,"
191
City of Federal Way
June 1998 Monthly Financial Report
.
Government related activity for May increàsed by $13,770 or 29.1% compared to 1997 due primarily to an
adjustment of $13,300 made as a result of an internal audit of a major governmental agency for the
reporting period May, 1997 through March, 1998.
"""'-'
SALES TAX GROWTH
..J., I""".., S"..~
Ch..O' 'oom .., "" 00 ""
"",
¡
:::1 23.3%
::::11~;~_~.j~#-.~
- ~'.2%.-
::]
c,"",~, ",,'U ..,.."... ,~".~, w..o.._,
Table 3 details, through May, comparative sales tax activity between 1991 and 1998 segregated by various
retail centers including the SeaTac Mall, S 348th retail center and the Pavilion retail center.
TABLE 3
SALES TAX COMPARISON
""m.g. May
Ch.. ",~ 199'
G~. "" "'2 ,..3 "" "" ".. "" ,... 'C....g. % Ch..g.
Tot....I" u 2,687,'" 2,' ,'" 3,003,432 ", ",'" ,282,518 ',"",125 ,"', " 3,"',370 "', ,.
. ""th R"'" 0'00' 183,'51 "as,'" "",873 "",'" 51,'" sm,'" 55','" "",'" 517,095 3.1
"'I,. -. w.", "' 35.0% 43. % 15% 261% 27% 163% 3.1% .. ..
.."""",."",,., '.8% 89% 118% 115% 141% 138% 16.0% "5% .0.4% -2'%
... ""'" ','" ",'" '.m 90,"0 sm,'" ".'" ,'" "",4" , ,'" -2
%"'.. -. w.., "' 33% 2.0% 36% -36% -30% -2.2% -20% "' ..
""""""" 10/" 16.7% 164% ".'" "'" 14A% 132% 12.8% 11.g% -10% -7.6%
M.,oo Auto ..... ",'28 "~262 Sl18,'" S153,1" S139,I50 $1",m 1 ,'" 5152,132 11,'" .,
% "'a ham woo, "' 7.'% 16.0% 29.1% -9.1% 18.2% "5% 7.7% ... ...
""""'..."10/" 3.5% 3.6% ". 3.8% 4.'% 42% 4.8% H% 44% 0.1% 1.5%
S312thOo""'hOlo<' ,,'SO U55 2,'" ,270 "',453 38,727 ",'" ","6 ',"5 .0
%"'.. -. "'"' ... 4.8% 32% -5A% 30% -6.6% -13.7% 50% ... ..
"""""""10/" t.S% 1.5% ,.'" 1.'" I.'" 1.1" 1.0% 10% 00% .c.g"
'."'IIon""",,, .. .. .. .. .. """0 "',280 ,~... 12 .1~
,,"'. -. ..wo., ... ... .. ... ... ... "' -13% ... ...
.."""" "/0'" ... ... ... ... ... Ig" 1.8% 1.7" .01" ...g"
Hot".'M.t." 514,003 513,'" 511,'" 112,3" $16,089 112,"" "',220 "',m "", -4.1
""'a -. """' "' -2A" -13.8% '.8% 30.3% -22.6% 3OA" -4.1" ... no
.."""",.,,10/,, 0.'" 0.5" 04" 0.4" OS" OA" 0.5" OA" 0.0% -g",
.
The City's largest retail center, S 348th retail center which generates over 15% of the City's sales tax has
experienced an increase in May of $17,095 or 3.1 % in taxable retail activity as compared with 1997.
.
The SeaTac Mall has a decrease in taxable retail sales through the month of May. Compared with 1997,
sales tax collections have decreased $8,923 or 2.0%. After moderate growth between 1991 and 1994,
taxable retail sales activity at the mall has steadily slowed since 1994.
.
Major Auto Sales has an increase of $11,537 or 7.7% due to increase sales.
\>/,-
D
City of Federal Way
June 1998 Monthly FInancIal Report
Real Estate Excise Tax
Graph 7 and Table 4 illustrate collection history for the 1st and 2nd Y. percent real estate excise taxes. The
table and graph both reflect the cyclical variation in this revènue source. The monthly budget estimates are
based on historical REET revenues received since incorporation in 1990 through 1997, an eight year period.
.
REET revenue activity for June has exceeded the adopted budget by $190,693 or 181.7%, continuing the
trend we saw in 1997. Compared with 1997 activities, REET revenues through June have increased
$380,720 or 50.2%.
!1!!J!!!!
$1,200,000
--- ~---------,---
REAL ESTATE EXCISE TAX ACTIVITY
T"",uOh June
""',000
" "",295
j ""'.000
$300,000
..
17",'"
_,m 1743,583
¡¡;¡¡¡;¡¡;¡-, '
I
I
I
I
.
~
~
~
~
~
i
¡
.
"""LE'
REAL ESTATE EXCISE TAX REVENUES
"" - 1m
I 1m "" 1m ".. "" n.. ".. BudO"
Monlh Acru.1 AcruoJ Ac/uoJ AcIue' Acrue' Bud..r. Acruel S Verl.ne. S V.rlene.
-.", S 80,908 S 65,621 S 52,253 ' 70,177 S 94,719 ' 5\,608 ' "',717 ' 68,109 132
e""'", 56,212 72,702 63.025 64,096 101.508 57,'12 82,116 ' 24,704 430
.<en 76,"9 "9,510 83,156 105,133 132,678 104,084 166,282 ' 62,198 598
~- 64,173 102,4" 73,850 ISS,107 186,167 96,965 189.860 ' 92.895 "6
105,092 94,387 ",'" 133,203 108,060 92.1'" 270,672 ' "8,528 193,7
....- '67.8" 130.113 107,801 '33,08' 120.'32 104.'" 295,657 ' 190,603 ",,7
u~ 163.092 96,629 70,258 130,765 23\.911 110,936 0,
-.. 106,"" 97.51' 183,599 123.9" 181,'90 102,366 0
ptembe< '00,392 82.804 82.369 180,371 '51,333 97.207 0
"""'"' "',"" 84,606 76,809 102,780 216.38' 92,638 0,
...",0", 114.078 65,105 32,917 180.199 '68.'" 88,6" 0
be< 202.396 93.509 95.366 "'.325 163.211 101,063 0
Tolol S ',"',"" 1,214,173 ' 1,OI',OS, S 1,$25.1.. S 1,17"'" S 1,1",000 S 1,12',304 S 817,127 IS...
L RE V,'u. S 281,182,'" I """",'" I 211,0",200 I ""030,000 S 371,311,711 I 220,000,000 I "',"',731 I 123,425,33< n
""-___"h""_-
----'-.-'
í') -7
I!I
City of Federal Way
June 1998 Monthly Financial Rep¿;rt
State Shared Revenues
Table 5 and Graph 8 present a comparison of state shared revenues received through May between 1993 and
1998 by revenue type. Accrued estimates for June are reflected in Attachment A for MVET, camper excise
tax, liquor excise, criminal justice low pop and high crime, local criminal justice sales tax, fuel taxes and
vehicle license fees. These payments will be received in July for the month of June.
TABU'
STATE SHARED REVENUES
,.." ,..,
R...".. ;;:::., i ;;0:., ;:~ ;::,:, I
010< Vomd. E,d.. T,," , 296.876' 32'.887 S 330.299 S 210.90' S
m",E'd....," 2.603 2.603 2.820 2.746
~:~:¡:f~.. ___._":2~;;:,=.~ 2~~:';~:~ m.. ~~~
'mJo¡IL~.PopIDCD" 36.913 77.715 90.242 79.6"
mM,Hg"cnm." 79.796 63.289 ".'"
,....",otioo "'.444 . 160.474 "'.6" 103.391
"",'ComM'" 404.546: 432.046 4-43.005 4-48."6
""T"" ~ 670.727 6".509 662.070
ohL.'~'. - 247.855 260.953 247.054 240.065
Tot" ~m,"31 2.>41,"" 2,24$,"" ~....,T891
C",g.ttom,notym ¡-<I,'" 10.8" -4.1" .7.2%1
"."".,_",o~"~...,,,,,.,ti"~_'__H'~'"
-........,...,..,."'~,....,,"_."'-_.
"" "" """-'
A<"" "-" A<'o,': 'V,""~. 'V,""""
222.358 S 231 089 S 235.970 S 4.881 : 2"
2.738 3.2" 2."2 (368" -113
2O..',"T- .. 213'41'--- .'-"ß29.:. -'.-.-".21': - 263"
59.'92 5497_2 . -. 63.000 - 8.0", ".6Ii
31.336 24.7" 31.620 6.8921 279
59.968 60.000 73."6 13."6: 22.3
92.810 60.'" 92.890 32.473 1 53."
520:~~ 47B~~ -- 550."6 . 11.855, 15.0
~:~- ~;:}~-- ::~; (~::~\ '~.:
2,121,162 2,0",'" ~254,"S 1 "',852 ,.,
2,0% ,1.4" '.1%, ""i '"
.
Liquor Profits collected through June total $269,629, which is above estimated revenues ($213,412) by
$56,217 or 26.3%.
.
Equalization is exceeding estimated revenues ($60,417) by $32,473 or 53.7%.
"
.
Local criminal justice sales tax to date of $550,726 is exceeding the estimated revenues ($478,871) by
$71,855 or 15.0%.
.
Fuel taxes are lower than budgetary projections through May by $10,934 or 1.6% and vehicle license fees
are exceeding projections by $15,230 or 6.0%,
eVe. lie 'ees G"o. 8
STAT'.E-SHARED REVENUES
1993-1998
SsOO,OOO
III"" Tn
S2,sOD,OOO
ecllmioa'
Justice
S2,OOO.OOO
SI.sOO,OOO
CE,ua'l,.ti"
SI,OOO,OOO
lllli,uOl
S-
~
~
ø
~
~
~
~
~
~
!!1
"
i
111M VET
D -~'
D
City of Federal Way
June 1998 Monthly Financial Report
Utility Taxes
Table 6 summarizes utility tax revenue collections.
Through May utility tax collections total $2,081,608 which is $145,452 or 7.5% above the monthly budget
estimate ($1,936,156). This reflects the 5.0% rate which was effective 3/1/97. Since we have only had this
revenue source for a short time, it is difficult to project the monthly estimates.
TABLE 6
UTlUTY TAXES
Year-tc>-date (thru May)
Revised ITO 1998 Budget
Budget Budget Actua/ $ Variance % Variance
Electric (puget Power) $ 1.753,100 $ 830.609 657.796 I $ 27.169 3.3'
Gas (Puget Sound Ener9Y) 572.400 345.951 306.934 I (39.017) -11.3%
Garbage (FW Disposal) 299,700 103,037 124,941 21,904 21.3'
Cable (Viacom & TCI) 342,000 140,609 176,113 I 37,504 26.7
Phone 803.400 319,902 401,024 61,122 25.4'
Storm Drainage 134,500 69.939 55,301 (14,638) -20.9
Cellular 313,200 122,672 153.160 30,508 24.9'
Pagers & Intemel 8.700 3,437 4,318 661 25.6'
Total $ 4,227,000 $ 1,938,156 $ 2,081,608 $ 145,452 7.5%
Building Permit and Plan Check Activity
Graph 9 and Table 7 illustrate building permit I zoning'{ee I plan review fee activity between 1991, and 1998.
,°..," ,
----.
---.~-~~~~
"'0.000
PERMIT/ZONING/PLAN CHECK FEES
Through Juno
lSO.OOO
""""n.....
"00.000
I 13SO.000
1300.000
I2SO.000
1200.000
1100.000
I.
un
u..
"'.
........
, .. ..."
-~------- -.-.----.---- .-.--
o~ -_____.BI~/P!"IZnlng F... -~:~~-- ~}~;!,}COI ~~._-_._------
.
Overall, Community Development permits and fees total $368,422 which is $43,087 or 10.5% below the
adopted budget estimate ($411,509).
.
Compared with 1997 activities ($439,557), permit revenues and building fees have decreased $71.135 or
16.2%. Building permit applications are holding steady, but several are currently being reviewed by staff
D--
D
City of Federal Way
June 1998 Monthly Financial Report
or are waiting for a response from the ápplicant. We anticipate an increase in revenues once these
applications have been processed and permits have been issued.
For the month of June, revenues collected were $27,992 or 35.5% above budgetary estimates ($78,766).
This cQuld be attributed to the fact that several large permits were issued this month, as well as a $17,000
permit renewal from a large hotel chain.
.
.
Building permit fee collections through June total $170,955 which is $35,159 or 17.1% below the adopted
budget estimate ($206,114)
.
Electrical fees are also below budgetary expectations. Collections total $41,868 which is $9,085 or 17.8%
below adopted budgetary estimates ($50,953).
.
Zoning fees collected through June total $29,379 which is $28,900 or 49.6% below the adopted budget
estimate ($58,279).
.
Plan check fees collected during the same period total $126,220 which is above the adopted budget
estimate ($96,164) by $30,056 or 31.3%.
.
Sign code citation fee and sign code permit collections which through June total $5,146 are included with
zoning fees.
Revenue
Jaooa'Y
Feb",a'Y
Ma<Ch
~----
May
J""e
July
Augu,1
Septembe<
Odobe,
Novembe<
December
Total
Exp th'" June
Recove<y R.oI~
YTD Recove'Y Rallo
TABLE 7
BUILDING PERMITSIZONING FEESIPLAN CHECK FEES
'993- 199'
'995 '99'
Actual Ae",al
-:~~~ ~, ::: $
3O,9SO 48,297
36,508 51,060
",036 SO,280
'9.015 65,217
60,208 64,655
71,299 60,012
58,683 37,509
60,354 A2,A02
A3,435 A5,'63
91,867 '9,613
660,116 $ 585,397 $
831,104 905,042
34,2% 31,6%
390% 34.0%
I :::, I ::t::1
$ 33,708 , $ 36,051 $
39,795 '7,'71
61,111 52,296
6t,936 63,273
6',353 53,636
56,643 39,732
SO,760 36A28
'6,09' 42,525
55,870 67,062
59A69 36A35
55,740 70,370
57,415 '9,954
$ 639,117 $ 597,433 $
I 864,609 ; 7'5,937
36,A% 39.2%
39.'% 41.6%
--
'997
Actual
59,933
91.164
95,79t
93,260
52,379
57,030
SO,OO9
56,711
6t,053
A7,776
32,185
'7,978
735,269 $
',091,606
'0.3%
35,7%
'99'
'9" Budget
. Variance' Varianco
..... A,l41 -- 8",
(28A01) -45.8.
(3t,375) -40.3
(6,231) '9.0
(9,219) -12.8'
27,992 35.S
0.0
O.
00
0.0
O.
0.0
-'D,S
Actual
55A39
33,657
'6,504
63,t56
62,898
106,758
Budget
$ 51,292 $
62,Osa
77,879
'9,397
72,111
78,766
63,8S0
60,804
70,420
56,736
66,'03
65,300
787,022 $
',07',07'
36,3%
37,8%
-----
(43,087)
na
368,A22 $
',OSO,282
35.t%
na
n
na
na
n
.
Building permit related revenues have recovered 35.1 % of Community Development operating
expenditures which total $1,050,282,
Table 8 presents a synopsis of building permit activity in June for new construction between 1993 and 1998.
TABLE .
"",WING ACJMTY. NEW CONSTRUCOON
"""Juno
,..""OT- "" ,.., "" ".. "" ""
Roo".'" --.. S 13."',160 .. S 16,'92223 71 S 10,751,'" TO S ",'SO.871 .. S "'87,'" 53 S 10.20'.'"
Commo<d., , '.689,783 ' 5."7,5'" 10' ',38T,359 7 5,'30,1'" 60,000 ' 5,"',800
"'Iti-"m,'y- ' "'... , - ,",," 1 '.861.1" , 10.""'" 10 I."""
P,". 3 7.5""" "',000.
"o,,".H'-~' 11 78,'" 20 23,¡t;~:_,~rs -~ 7 ..605 7 '91'" Ii -".SOI
",oo-..m""-",< tO2Ts "'30,532 '30 is --'5r,--"Uoõ,j¡9TI12 " ","',720 .. s IT,"',",
\~I.c
ID
City of Federal Way
June 1998 Monthly Financial Report
GENERAL FUND
District Court Activity
District Court filing fees for 1998 are $19.75 for each traffic infraction and $71.61 for all citations filed. In cases
where bail or penalty is paid or forfeited, the filing fee is reduced to $3.36.
Graph 10 compares district court expenditures and number of cases filed through June between 1992 and 1998.
Table 9 presents a monthly trend of municipal court revenues and expenditures between 1994 and 1998.
~
S260,OOO
"'0,000
1220,000 ','"
1200,000
SIBO,OOO
SIBO,OOO
u suo,ooo
< "20,000
u "00,000
sao,ooo
"0,000
"0,000
S20,OOO
S-
Cou" Co'" YO Num'" of FIUno.
Th,ouOh Jun.
',025
',"5
',511
_Cou<tço", --",m'..OIF"oo,.
',000
1,500
',000
',SOD
',ODD
5,500 .
5,000 r
'.500 ;;:
',ODD ~
3,500 j
3,000 ~
2,500 z
2,000
',SOD
',000
500
.
For the month of June, fines & forfeiture collections total $408,738 which is $81,630 or 25,0% above the
monthly estimated revenue ($408,738).
.
Overall, Criminal Legal Service expenditures total $527,321 which is $39,197 or 6.9% below the monthly
estimated budget ($566,517).
Because invoice processing for district court services -.is currently lagging one month, the table below and
attached financials reflect an expenditure accrual for June district court services.
.., TABLE 9
CRIMINAL LEGAL SERVICES
ThtoUgh June
Sources! 1994 1995 1996 I 1997 1998
Uses Actual Actual Actual Actual Budget Actual $ Variance % Variance
Revenues ¡
Fines & Forfeitures $ 294,825 S 290,635 S 307,145 S 277,021 S 327,108 S 408,738 S 81,630 25.0
Expenditures
District Court 126,966 130,966 136,698 161,243 241,951 ¡ 217,120 -- 24,830 ~
WItness Fees -- ----S:722 --6,161 6,524 3,799 6,823~- 5.550 1,273 18,7
Administrative 72,194 84,269 96,292 99,298 162,222 I 163,513 (1,291) -0.8
Public Defense 97,948 97,687 98,632 88,165 143,165 127,549 15,616 10.90
Interpreter/Screener 1,595 3.500 7,880 10,093 12,356 13,589 (1,232) -10.00
Total S 304,424 S 322,582 S 346,025 ; S 362,597 S 566,517 I S 527,321 S - 39,1971 6.9
!------------~-_.- r-------
Rev Over (Under) Exp (9.599) (31.947) (38,880) (85.576) (239,409) (118,583)1 120,827 nfa
Cases Filed 6,365 6,519 5,274 6,080 .1 7,412 n/a ' nfa
\;11
m
City of Federal Way
June 1998 Monthly Financial Report
Public Safety - Law Enforcement and Jail Services
Graph 11 compares jail service expenditures and number of bookings filed between 1992 and 1998. Booking
costs are associated with registering a prisoner, while maintenance costs reflect expenditures for daily meals
and shelter of prisoners. In addition, King County will assess a 10% fee for investigative work. The city was also
contracting with Kent for some jail services during 1997, but does not anticipate the need to employ them in
1998.
G.-ph 11
$450.000
$400,000
$350,000
$300,000
~ $250,000
"
~ $200,000
$150,000
$100,000
$50,000
$.
Jail Costs ys Bookings & Maintenance
Through June
1992
1993
1994
1995
1996
1997
1998
9,000
8,000
7 ,ODD ~
6,000 ~
5,000 :Ë
4,000 ~
3.000 ~
2,000 ~
'"
1,000
. Through June, jail service expenditures (including 00 accrued estimate for May and June) total $402,213,
Table 10 presents public safety expenditures between 1994 and 1998, Overall, the 1998 police budget totals
$11,646,882 which includes $995,712 for emergency dispatch and $857,700 for jail services.
.--------.-
. Total Public Safety expenditures through June total $5,854,487 which is $83,133 or 1.4% below the monthly
estimate of $5,937,620.
_Expenditures
--Cases
-----.---.--------
---- ------ -______n_-- --- - ---- --
,.,
TABLE 10
PUBUC SAFETY
Thmuoh June
1996 I 1997
Actual ActJJal
Budget I
Thro June, 1996
ActJJaI . .......
Sources!
Uses
1994 I 1995
Actual ActJJaI
Police - KC Contract
Administration
Support Services
Investigations
Records
Field Operations
Patrol
Traffic ---,----
Subtotal Law Enforœment
Comm, & Dspatd1
Jail Services
Total Public SafelY
$4,111,221 1$4,040,559 $ 4,044,192 ' $
27,533 ! 243,022 , 1,149,507
94,366 I
679,931
202,541 i
89,658 l
1,897,758
179,1811
4,138,754 4,040,559 4,287,214 4,292,942 I
- 468,340
354,870 273,586 327,169' 350,412
$4,493,624 I $4,314,125 $ 4,614,383 I $ 5,111,694
$
-
$ $
1,264,300 1,057,226
97,181 114,762
758,397 931,458
266,518 271,189
74,024 81,937
2,362,631 2,301,023
195,778 223,820
5,018,828 4,981,414
497,658 470,859
420,936 402,213
$ 5,937,620 I $ 5,854,487 $
207,074 I
(17,581)
(173,061)1
(4,671):
(7,913)1
61,607 :
(28,042)1
37,4131
26,997
18,723,
63,133
"........
rJ
16,4%
-18,1%
rJ
rJ
rJ
rJ
rJ
rJ
5.4%
4.4%
1.4
-
-
-1
...--
~i'2
m
Citý of Federal Way
June 1998 Monthly Financial Report
Public Safety Cost Comparison - King County Contract
The following chart and graph depicts a comparison of our Public Safety Department with contracting for
services from 1990 to 1998. This comparison is based on net operating costs (after deducting revenues) and
some assumptions as noted in the graph.
11.00
Net Cost Comparison
1990-1998
In ""Ions
10.00
9.00
-.------...--
----'--'---'--"'.
8.00
'----"'m------
-+-:-';,0.;;" c¡¡,~'
"""'Oo~
---No'CO'""'~"5
"'..,,"
.__..._~
7.00
..----.....----...--. ..... '--'--'--.--._.m------...--..------...--u------
6.00
.--u--"_u-----.. "_U----"""'-----.._uu--.-.
5.00
.--u.--....
4.00
1990
1991
1992
1993
1994
1995
1996
1997
1998
1090., 1001 1992 1993 1994 1995., 1996 1997 """ 1998", 1998 thru Jun
Expenditures,
Police Conl<act 5.115.407 6.485.651 6.326.511 7,639.959 8,224.500 8.088.364 6.364,608 5.806 1.831
Other Police 5eNlces 909 7,351 5,899 10,701 186,354 2,327,540 8.339.380 9,266.609 5,383.628
Valle- Convnunlaotions 180,758 981,572 995.712 4YO,859
Toto' Expenditures 6,115,407 6,48',660 6,333,862 7,845,858 8,235,201 8,274,738 8,872,tO5 0,32',158 10,264,152 5,854,487
Revenues, ..
Criminal JuAlee-H~h Crinle 245.781 272,395 251,666 266,550 292.237 240.000 133,376
Criminal JuAIce-lOW Pop 238,715 162.241 142,785 149,987 44,508 178,918 131,623 128,467 103.324 53,564
Crimml JuAlee-Contracted 5vc 266,106 205.309 213,960
Copies, Photos, F""erpl1nts. Penn.s ,,' 5.340 25,937 25.000 13.138
Po"co 5e",nty 12,500 55.992 50.000 31,323
Grants 812,429 632.658 376,058
State Se~""'s 149,667 100.000 16,522
Inl"'A & M_'Ia""",,s 209 6,813 7.500 1,940
Toto' Revenues 238,715 162,241 142,785 '05,780 683,000 635,8" 130,182 1,m,342 1,168,482 825,'21
NatCost-C PoIlcaOo 4,816,612 1,'24,310 1,111,077 7.250,090 7,"2,112 7.638,845 S,242,72' 7,855,41' ',105,"0 5,228,58'
Kino County Contract Eslfmate 5,115.407 ',486,560 ',333,862 7,845,858 8,235,201 8,754,018 9,368,135 10.046,598 10,713.993 5,358,997
Re...nues, .
Criminal JuAlee-H~h Crime 245,781 272,395 251,666 266,550 292,237 240,000 120,000
Criminal Justice-Low Pop 238,715 162.241 142,785 149,SS7 44,508 178,918 131,823 128,467 103.324 51,662
Criminal Justica-Con.actad Svc (5) 266,106 205.309 213,960 218,239 222.604 111,302
Toto'Ravenues 2'8,715 162,241 142,785 "',71' 68',001 635,80' 812,133 638,1" 565,128 282,0'4
N.. Coste wi KIng County 4,816,'02 ',324,310 ',101,077 7,2$1,000 7,652,112 1,"8,1" S,7",002 1,407,655 10,148,065 5,014,0"
Nor..,
'" ""'M__"'__'_~Mn~
,. """"""_n___~__------ ----
'0 '-----'__"'_M'nm_~_._w._- ---....
'" '-""""__'M_'~_M~"'___"'-'_M""-
'" ,..""..--.---. _..._-~-~-....'"
\:-> \ '3
m
City of Federal Way June f998 Monthly Financial Report
Recreation and Cultural Service Programs ahd Dumas Bay Centre Performance
Table 11 summarizes recreation and cultural service and Dumas Bay Centre activity and their related recovery
rates.
· Recreation and cultural services: Revenues total $244,972 or 53.7% of the revised budget ($456,514).
Direct program expenditures total $272;408 or 41.0% of the revised budget ($664,134). Recreation fees
have recovered 90.0% of direct program costs. Including administrative expenditures totaling $172,157, the
overall recovery ratio is 46.5% The 1998 budgeted recovery rate is 42.5%.
· Adult athletics has collected $81,676 or 60.3% of budgetary estimates ($135,500) through June. This is
primarily due to fees for first season softball, tennis and golf lessons. Registration fees have recovered
146.4% of direct program costs. Youth Athletics has revenue of $32,178 Or 56.1% of budgetary estimates
($57,400). Fees collected, primarily for sports camps, have recovered 164.0% of direct program costs. It is
anticipated that expenditures associated with these revenues will be incurred throughout the remainder of
the year, bringing the program closer to the expected recovery ratio.
· Dumas Bay Centre: Operating revenues, total $171,562 or 53.6% of the adopted budget ($319,780). In
1997 the Dumas Bay Centre implemented a Facilities Booking Program which records revenues on an
accrual basis. In the past revenues were recorded on a cash basis. Through June unearned revenues
relating to 1998 and 1999 activities were $41,085 and $16,658 respectivery, which would bring cash basis
revenues collected through June to $212,647 or 66.5% of the revised budget. Operating expenditures total
$198,221 or 52.3% (excluding one time costs) of the revised budget ($379,107). The Dumas Bay Centre
has recovered 86.6% of all operating costs when unearned revenues are not considered. When unearned
revenues are considered, the recovery rate is increased to 107.3%
TABLE 11
RECREATION & CULTURAL SERVICE PROGRAMS AND DUMAS BAY CENTRE PERFORMANCE
Through June 1998
Program BudgetI Actual I % Budget I Actual I % BudgetI Actual
ATHLETICS AND SPECIALIZED SERVICES
Community Center 26,500 9,761 ! 36.8% 87,247 29,040 33.3% 30.4% 33.6o/
Senior Services 54,549 23,513 43.1% 66,939 31,826 47.5% 81.5% 73.9~
Special Populations 9,716 7,354 75.7% 47,032 25,580 54.4% 20.7% 28.7o/
Youth Commission 500 "~ ' i 0,0% 2,300 991 I 43.1% 21.7% nh
Adult Athletics 135,500 81,676 60.3% 110,279 55,781 50.6% 122.9% 146.4~
Youth Athletics 57,400 32,178 56.1% 79,789 19,619 24.6% 71.9% 164.0°/
Aquatics 2,500 35 1.4% 31,910 4,542 14.2% 7.8% 0.8~
Subtotal $ 286,664 $ 154,516 53.9% $ 425,496 $ 167,379 39.3% 67.4% 92.3~
Administration n/a 216,270 82,607 38.2% n/a nh
Total $ 286,664 $ 154,516 53..9% $ 641,766 $ 249,985 39.0% 44.7% 6t.8~
COMMUNITY AND CULTURAL SERVICES
Aris & Special Events 30,600 15,417 504% 47,107 29,092 I 61.8% 65.0°/ 53.0~/
Community Recreation 123,800 72,030 58.2% 159,031 73,353 t 46.1% 77.8~ 98.2o/,
Red, White & Blue 15,450 3,009 19.5% 32,500 2,584 I 8.0% 47.5% 116.4¥,
Subtotal $ 169,850 $ 90,456 53.3% $ 238,638 $ 105,029 I 44.0% 71.2% 86.1~,
Administration ~ n/a 187,651 89,550I 47.7% n/a n/;
Total $ 169,850 $ 90,456 53.3% $ 426,289 $ 194,5801 45.6% 39.8%
I TOTAL RECREATION I $ 456,514 I $ 244,972 I 53.7°/oI $ 1,068,055 I $ 444,565 I 41.6% 42.$%I 55.1~
I Dumas Bay Centre ' 319,780 -I n/aI 19,004 19,004 1000% n/a! n/a
3RAND '
Arts Commission 3,653 i n/a 105,255 35,576 I 338% n/a 10 3°/~
TOTAL
$
$ 776,294 $ 420,187 54.1% $ 1,571,421 697,3661 444%i 49.4%I 60.3°/,
CitY of Federal Way
June 1998 Monthly Financial Report
SPECIAL REVENUE FUNDS
Community Development Block Grant Fund
. The CDBG Fund accounts for the receipt and disbursement of federal grants received through the
Department of Housing and Urban Development (HUD). HUD awarded the City a total of $599,149 in 1998.
CDBG 1998 adopted budget totals $47,897 (excluding projects managed by KC) of which $39,511 or
82.5% has been expended through the end of June.
TABLE 12
CCMIUITY ŒllEl.OI'I'oENT Sl.0CK GRANTS
~ Eiq>endt¡ns
Yer Frog Incóme
PrDrTam AIIOC1l/ion. 1994 1995 1996 1m 1998 ReallocatecÌ. (Reap) I Salonce
Consorthm Funds -lnclAI<t --- Grants
CO8G 1994 372.554 I (88.425 (202.020 (302) (81.80
CO8G1995 306.402 I (90.71 (106.791 (144.338): 44.806 9.361
CO8G 1996 219,943, (92,849 (127.094)
CO8G 1997 375.956 (294.974) (36.144) 44.838
CO8G 1998 241.598' I (39.511) 202.087
Sul>total $ 2,597.453: $ (272,4421 $ (440.777] $ (2!J0,320 $ (294.974i $ (183,8491 $ (163,238 $ (17,37% $ 256,286
PROJECTS MANAGED BY KING COUNTY
Food ßarj( \I\I!ret>:>.se - 94 70.000: (56.731 (11.889 I (1.380)
KG Hous<rg Rehab - 94 26,804 (26.804, I
Easter Seal Society - 95 19.306 (9.853) (7,554) I (1.759)
BUldirg Upgrade - 95 20.000 (10.000) (9.879) (121)
Transitional Hous<rg - 95 29.500 (24.808)1 (4,892)
BLilding Renovation - 95 31.500 (13,450 (13.380) , 4.670
Roof """'ace - 95 8.500 (4.250) (4.250)
St-eIter for Homeless - 95 50.000 (25.000 (19.385 5.615
KG Hous<ng Rehab - 95 125.000 (125,000
Easter Seal Society - 96 19,336 (18.956) (350)
St-eIter for HorreIss - 96 150.000 (134.000 (13.245) (2.755)
HgH"" 0>1ege - 96 30.148 I 30.148
KC Housirg Rehab - 96 170.000' (140.106) (29.894)1
KG Hous<rg Rehab - 97 170.000 , (144.508)1 , 25,492
AJDS Housirg - 97 10.000. I 10.000
Easter Seal Society - 97 18,250 (18.000) (250)
Housing ALihocity - 97 25,000 ' (25,000)
M!nIaI Health Housing - 97 11.183' (11.183)
Hom!sight - 97 100.000: 100,000
01aItenge Grant - 97 50,000 ' (46,000) 4.000
Lnted Cerebral Palsy - 97 15.000. 15.000
Easter Seal Society - 98 18,989 18.989
Hom!sight - 98 75.000 I 75.000
EJderHeaIth C<Jmect - 98 10.000 ! 10.000
TrMSitionaI Hous<rg - 98 50,000 I 50,000
KG Hous<rg Rehab - 98 170,000 : 170.000
KG Housirg ALihocity - 98 8.400 ¡ 8,400
KC Hous<ng ALihocity - 98 10.000 : 10.000
KG Housirg Authority - 98 40,000 : 40,000
C>.Jtread1 AJive 20.000 20.000
Sub-total $ 1.551,918 $ $ (119,084 $(511.543 $ (312,638i $ $ $ (11,3371 $ 597.314
Total $ 4.149,369 $ (272,442 $ (559,861 $(711.863 $(607,612i $(183.849) $ (163.238 $ (28,709 $ S53,6OO
\';11)
8UI
City of Federal Way
June 1998 Monthly Financial R;PO/t
Public Works - Contracted Services
.
Table 13 presents a year-to-date analysis of the Public Works and Surface Water Management (SWM)
contracts with King County, WSDOT and private vendors. Expenditure accruals have been made for June
activity. Most on-9oing maintenance takes place during the spring and summer months.
Expedited Plan Review (1)
Contracted Plan Review(1)
Subtotal Develòpííïeht SêrVlc:es~tf>i.¿ .
Neighborhood Safety (1)
TrafficlTransportation
Traffic Maintenance - KC
$utotaITl'afflc¡$et"J<:Ii$~~~1" "\'í1l~%~,'
Street Maintenance - Private Contractors (2)
Street Maintenance - WSDOT
Structure Maintenance (3)
SIÌ.btotal$!Jjê(S $~ms
Solid Waste Litter Control
SubtotaISò)ld;W;í$*e'~¿~ììì;¡';~~X;;¿i+'i~;ilii' 1,j;
Water Utility Billing - KC
State Highway Maintenance - WSDOT
Water Analysis (1)
Str. Sweeping, Catch Basin, Manhole & Pipes (1)
TotaISuffaC:e'¡Wá:!êrjfllàrì'agemêri*i¡f r!aJi¡!1'¡¡r{",:~ ;$';'"
Snow & Ice Removal (1)
Snow & Ice Removai - Lakehaven Utility District
Subtòtal
Tòtal.Co
(1) Private Contractors
(2) Private Contracts for street maintenance ($470,292), supplies ($37,000), RMI vegetation mowing and tree maintenance ($93,200),
Weyerhaeuser ($26,233), and Pavement Management System ($14,000). .
(3) Private contractors for sidewalk, ramps, curb and gutter maintenance ($83,696) and fences, guardrail, barriers and retaining wall
maintenance ($6,671).
Expenditures
Budget Actual
25,000 $ 12,281 49.1%
12,870 42,370 329.2%
',"37;870 $,.>,~,~"¡¡;'¡",54;65-1:, ~;f;',1#;3%
10,000 28,462 284.6%
10,000 13,377 133.8%
350,050 139,477 39.8%
.~¡;$." .m;:",!}: 37,0,050' :$,;~:t~ij¡'Li~181,:317/~',V'.'49;0%
707,225 301,982 42.7%
85,036 43,462 51.1%
119,367 0.0%
t¿.¡:,o;¡;: ;$,:::";:';(4;,,,".,91.;628' ¡$ki' l' "Ô"!¡345;444: ¡~' ,37;9%
45,100 21,898 48.6%
",,5;100,,'$ ..~,<:¡,j'¡¡;':1iif.21,898;", . 48.6%
60,000 29.181 48.6%
42,500 7,217 17.0%
20,000 472 2.4%
253,400 24,690 9.7%
';:"'\:1~" 375;900;; ¡$"t;'~:!'I'k.':if:¡:~1;559:' ~'j,: '16;4'
30,000 4,079 13.6%
10,000 82.9%
,.¡
CAPITAL PROJECTS UPDATE
CIP . City Facilities accounts for the Public Safety and Downtown Revitalization capital projects funded with
the 1997 GO Bonds. Clp. Parks accounts for the acquisition or construction of major park capital facilities
except those facilities financed by proprietary funds. CIP - SWM accounts for major capital facilities associated
with managing the existing storm water conveyance systems, regulating the clearing, grading and erosion
control phases of new land development, constructing, maintaining and repairing elements of the City's
drainage system, and controlling water quality within the system. CIP. Traffic accounts for improvements to
existing traffic signals and new signalization. CIP - Streets accounts for improvements of roadways and
arterials, including the construction of new street sections, the purchase of right-of-ways, the widening of
roadways to provide additional vehicle lanes, and the installation of sidewalks and landscaping.
Funding sources include transfers from the SWM Fund ($1,625,223), General Fund ($75,000) and Street CIP
Fund ($86,662); interest earnings ($75,000); and beginning fund balance ($1,925,178). Table 14 represents
year-to-date expenditures through June 1998. Llfe-to-date impact fees collected through June 1998 total
$1,885,265 which includes interest earnings. Currently, a balance of $179.703 is reselVed for Parks, Traffic,
Street and SWM capital improvements projects.
E8
\; !v
City of Federal Way
"
June 1998 Monthly Financial Report
PROJECT UPDA TE
City Facilities: 1) Downtown Revitalization: S. 320th Street Downtown Core and Frame Improvements,
design concepts for; landscape planters, street tree locations, street lights, pedestrian lights, bus shelters and
sidewalks were presented at the April 6, 1998 LUTC for 3, 5, and 7 lane Streets. Based on discussion and
input received at the meeting a recommended set of City Center Design Standards were developed and
presented at the April 21, 1998 Council meeting for adoption, where they were referred back to LUTC
Committee. The standards were taken back to Council on May 5, 1998 and were discussed and approved.
Parks: 1) Dumas Bay Civic Theatre: All exterior and interior walls framed, installation of fire protection
system, began installation of interior dry wall, wiring and doors; 2) Dumas Bay Centre Parking Lot Addition:
Installation of new parking lot lights, power transformer, fire protection and water service; 3) éommunityand
Neighborhood Parks projects are: Lake Kif/arney Master Plan: SEPAIEnvironmental check list completed,
construction scheduled for Summer 1998; Lake Grove School Ball Field Renovation: Project completed;
Heritage Woods Park Project completed; Mark Twain Ball Field Renovation: Project completed; 4) BPA
Phase 1/: Completed; 5) BPA Phase 11/: Parametric Engineering has been selected for design, design and
survey has begun, the design phase should be complete December 1998. Open house to be held 5/27/98 at
City Hall; 6) Celebration Park: Wetland mitigation work continuing within the BPA Phase I corridor.
SWM: 1) Culvert Upgrade and the SeaTac Mall Detention projects Phase I is under construction; 2) S 356th
Regional Storage Facility construction was completed. Contractor punch list items were accepted by Council
on June 16, 1998; 3) CIP studies Phase II is underway; 4) Work for SeaTac Mall Phase II design has begun.
85% design completion to Council is anticipated for August 1998. 5) SW 340th Regional Storage Facility is
under construction; 6) Star/ake RoadlS 272nd Conveyance Improvement has begun design, 85% design
completion to Council is anticipated for September,-,1998; 7) Annual Programs: Mirror Lake Hydraulic
Analysis Study was completed, proposed improvement'has been incorporated into the SWM facilíty plan which
is currently under review. Crown Point Storm Line Replacement is under design and construction will start in
September, 1998. Emergency repair work was completed in April, 1998. Joe's Creek Water Quality
Monitoring Faciiity will commence construction in July of 1998.
StreetITraffic: 1) S. Star Lake Road and Military Road S. signal design is complete. 100% design was
approved at 6/2/98 Council Meeting and will be going to bid in August; 2) SW 340th St and Hoyt Road SW
signal project, Inca Engineers have completed 30% design plans which were reviewed by Public Works and
were approved at the 5/19/98 Council Meeting; 3) SW 334th Street and 21st Ave SW signal the scope of work
for the contract is under negotiation with Parametrix, property acquired on 2 of 3 parcels; 4) S 356th-SR 99 to
1st Ave project is under final design; worKing with Parks on the wetland mitigation; right of way acquisition for the
PSE parcel is complete and working with Legal on the purchase and sale; 5) 23rd Ave S project (S 317th to S
324th) We have obtained WSDOT to provide Right of Way acquisition services for this project and they have just
completed appraisals; 6) S 312th St-SR 99 to 23rd Ave S project Of the 27 parcels, 26 are complete. Approved
by Committee and Council for final design and authorization to bid. Ad will run 7/2/98 and buiiding will open
7/16/98; 7) SR-99 and S 320th Street Intersection Improvements negotiating scope of work and waiting for
ISTEA obligation; 8) The SW 336th Street (from 21st to 26th) Project is final; 9) 8th Ave SWand SW Dash
Point Road Traffic Signal design is complete and the appeal was denied regarding SEPA Working with the
WSDOT on concerns they have; 10) 14th Avenue SW Sidewalk Improvements from SW 312th Street to Jr. High
currently under design, 100% plans approved at 6/16/98 LUTC; 11) SR-99 tmprovements from S 312th Street
to S 324th Street negotiating scope of work and waiting for ISTEA obligation; 12) The 100% Design Plans and
authorization to acquire right of way was approved by Council on 6/2198 for the S. 304th Street and Military Road
Signal Project. The Open House was held at City Hall on 4/15/98, all comments were positive.
81!11
OIl
City of Federal Way
June 1998 Monthly Financial R;port
"',:è::'"
, ::':
CIP,I997GOOondo
I 01 P~~< S"ely ',BOS,207
102D~nl~nO,,"""ion 2,669,813
1O40p_"n'ly'""" 33,883
","To"'ClP',,"tGoßôri<¡~'i¡~¡-fi! is,~~'''''1IO3
CIP, PARCS
nnod
2,669,813
'.in'
156,390
"
5,'
"
--- ------ -----
0,)" .1,: ¡. ,......au' 0' :w"i'~;',1"'3" ,'¡/.,
¡j¡.;-¡;¡....
1O10penSo_"eP""",,- - -- ---------------- 2".706
108S"'OOIS"'~0"m","____--- ___n___,~,27_7
"21'e"hbo<hoodP,"'o 07:"~ ----
, ""-"""'ionP"" --__--,-!,_,,260 -- --
I I 5 K~h8n" Loke Comm"n'ylSen""C""'e< 28.2<7
116 5"" "'elmp.o"men" "'.000
117Ce"""~P,"'Conli- 250.000
'19 8PA7""Ph,,elll "'.2'2
12' S"'eboOtdPe" IS.727
, -'",ó"'clí1'P"",~"";-,,, ($... 15,. 0-','
CfP, SWM
" ISm", Cep'I" P'Oed.
210 P,nlh" L,'e
213 SeoT" M'" Delenlion
386.769
11502
3.436.648
215 34O1h SI Oegion,'SlonnOeleniion
220 336lh """ Come<
230 S"""e Ro,dlS 272"" eaw."nœ
"OS 3561hOe,lon"$I"'.ge
310e1P $1""'..
1,017.852
".95<
64.'64
563,224
64.535
.... i'.
.",'. I
',TòtotClP':.w..f.
,0
CIP -T"ffi,
104 SO99 S'g,,"88thlo 3O4th
10621"A.en""@SW325thS~"f
1oaO"hPolnlOd @8thA.""",SW
1090"hPolnlOd@21"A.enueSW
III Non~olo."",eIP P.ojedo
"970. --=-= "05 -- ---~
19.277 7.331 38.0
-... -------
--d,~~ ==-2:~~ =-~~~~~
28.2<7 '.018 3.6
'0.000 28.073 72.7
250.000 00
"'."2 16.113 6.5
15.727 179 1.1
- 1.;é"",,15" ¡.",,~~~i25.""i' ~;;"I",W,¡¡i..
386.76'
3,000
1.850.000
1,017.852
20,000
64,164
387,847
54,535
:;--1,'3,78(167,
n__-
10,031 10,031
105,770 105,770
279,71' 279,719
82,304 82,304
12,990 12,990
502,886 502,886
180,77£ 180.776
152,620 152,620
~;:~:-JiW.-iìi!ji~21;ótO.¡S
113 S 336lh@SO99-Con" OHTL
"'M""".,Od5SIOtL"eS~'"
115 sweem,", [k T"«cS~Coo<d
,;.i1"¡~)¡,:,~:h,t,,,':êlÌ' I
efP - S,'"'"
102 5 356Ih1S099 1o "'A.e,
106 SWS 336lh@21"'o27thA"SW
'09317th-326th,2:""A".S
"',593
7;2,547
1,021,377
26,000
1,672,793
7",376
10,8"
173,968
179,337
112S 3461h1I-Slo SO99
1133121hSI.ISO99-2""A..
"5M",,,.,Od. S"86lhl03O4thA"
121373" Hyieboo Bndg. Oe"""
"'53""hSI5S099
--- ~_..
1232'" A.eSW5SW334lhSt. Pod
124SW312thSt "'thA"SWPed
125SW34O\hSI5HoytOd
'" SO 99 imp- S 312thlo S 32'th
.'.¡.T~"CI~~S~- .
D"m.. Bo, eon"e
55,000
782,547
1,021,377
26,000
1,672,793
7",37.
10,8"
173,968
179,337
77,525
20.0
0.0
5.5
10',16'
55,384
2,590
622
350,520
8.4
130'
1.0
90.'
'.528 83
'$.}'!i"- <~.22.3..' ...ijE:¡"^ó-,,,4,:'~1'"
12,868
32,511
12,<22
O.D"!
12.2
11.6
15.1
OD"!
51,28'
11,017
10.2
6.S
0.0
'.1
,oIil
5,685
662,713
11,133
8.7
84.7
11
78,887
18,932
DO
'.7
2.S
00
O.
D.'
0""-
101.0
1,548
64'
60,000 60,000
58,191 58,191 58,799
109,312 109,312 258
~!.i;~1,31; S¡;'1~J¡"'tt';..,.,125U:G,rC,1':;:aM....'
02
<;:11.1,
Dole." M,'n"n"",
1O2e,.lo7he"..
21,521
1,"',700
105 P"".n,LOI
139.709
21,521
1.731,700
139,70'
107
0.5
-- --- Total au_Bay '~",ø'(., 0, ',5';'~ ~.:._-- """'38 $'
0.",", P,og"m 2,295.401 2.295,401
1TotaI""'",C.pI""""""',i¡¡"'~--0 ".2,205,""0 'J"~""'5.""0'"
eIPG....dTotaI"~1;")-i'",, 1" 0 32,7","7 0 .25.138,283 0 ..
1,584.103 90.3
146.271 104 7
1,110,"'I"'"!,,, -";";",,
100.382 '"
100,382 I(.,<~I';""""""
5,514,0801>'.(1 ,,22.1%1
¡- \"
IIl.8
City of Federal Way
" .
June 1998 Monthly Financial Report
OTHER STATISTICS
Cash and Investments
.
Total invested balance at the end of June is $43,155,305 which includes $19,172,176 in the State
Investment Pool (SIP). The State Investment Pool securities consisted of Repurchase Agreements
(34"73%), Reverse Repo Agreements (-.04%), U.S" Agency Securities (50"72%), U.S. Treasury Securities
(2.91 %), and Certificates of Deposit (.87%) and Commercial Paper (10"809%).
.
The average maturity of securities in the portfolio was 137 days.
. June's average portfolio net earnings rate was 5.68%, which is an increase of .01 % from the previous
month.
Per policy, the basis used by the City to determine whether market yields are being achieved shall be the range
between the average six-month U.S. Treasury Bill (5.30%) and the State Investment Pool (5.48%). Table 15
summarizes investment portfolio through June"
Table 15
INVESTMENTS
Settlement Investment Maturity Yield to
TYDe Date Par Amount Cost Date Maturity
Agency - FNMA 5/16/96 $ 1,000,000 $ 982,031 03/12/99 5.55%
Bankers Acceptance 2/11/98 $ 1,000,000 $ 973,942 8/7/98 5.52%
Treasury Note 09/03/96 $ 1,000,000 $ 999,375 8/31/98 6.16%
Bankers Acceptance 4/30/98 $ 1,000,000 $ 974,697 10/16/98 5.61%
Treasury Note 2/20/97 I> 1,000,000 $ 985,469 2/15/99 5.78%
Treasury Note 4/2/97 $. 1,000,000 $ 1,001,641 4/30/99 6.41%
Treasurv Note 4/30/98 $ 1,000,000 $ 1,008,633 4/30/99 5.60%
AOencv- FNMA 6/4/97 $ 1,000,000 $ 1,011,094 7/13/98 5"94%
Treasury Note 6/4/97 $ 1,000,000 $ 1,003,594 7/31/98 5.92%
Certificate of Deposit 8/8/97 $ 1,000,000 $ 1,000,000 8/10/98 5"93%
Treasury Note 8/14/97 $ 1,000,000 $ 1,002,188 9/30/98 5.79%
TreasurvNote 8/14/97 $ 1,000,000 $ 1,000,859 8/15/99 5.95%
FNMA 9/24/97 $ 1,000,000 $ 1,000,690 9/18/98 5.73%
FNMA 9/24/97 $ 1,000,000 $ 1,002,381 9/17/99 5::89%
FNMA 3/26/98 $ 1,000,000 $ 996,87S 3/23/00 5"70%
Certificate of Deposit 3/26/98 $ 1,000,000 $ 1,000,000 3/25/99 5.68%
Certificate of Deposit 1<0/23/97 $ 1,000,000 $ 1,000,000 10/19/98 5.93%
FNMA 11/14/97 $ 1,000,000 $ 1,000,274 11/12/99 5.80%
Anencv-FNMA 2/11/98 $ 1,000,000 $ 999,180 2/9/99 5.47%
Certificate of Deposit 1/15/98 $ 1,000,000 $ 1,000,000 1/15/99 5.73%
Bankers Acceptance 5/29/98 $ 1,000,000 $ 979,412 10/13/98 5.60%
Treasury Note 5/29/98 $ 1,000,000 $ 1,007,656 5/15/99 5.43%
FHLB 5/22/97 $ 1,050,000 $ 1,050,483 5/21/99 6.27%
Treasury Note 5/29/97 $ 1,000,000 $ 1,002,656 5/15/99 6.23%
Average Maturity 246
Averaoe Yield to Maturity 5.82%
Average Yield - 6 mo. T-Bill 5.30%
Slate Investment Pool $ 19,172,176 1 day 5.48%
"
Average Portfolio Maturity & Yield 137 5.68%
Tolatlnyeslmenls $ 43,155,305
\/1"':
..
ATTACHMENT A
CITY 04i FEDERAL WAY
SUMMARY 04i SOURCES AND USES
OPERATING FUNDS
Through June
1994-1998
Actuals 1998 Revised Budget Actuals Variance
Through Through Favorable Un!avo"
SourcesJUses 1994 1995 1996 1997 Annual June June Dollars ($1 Percer,
Beginning Fund Balance $12,181,738 511,403,627 $10,331,541 510,396,188 514,711,137 $14,711,137 514,711,137 $ 0.0%
Operating Revenues
Property Taxes 2,914,285 2,929,684 3,114,677 3,176,037 6,410,094 3,324,069 3,324,069 0,00,(
Sales Tax 3.784,251 3,900,049 4,078,466 4,104,779 8,469,131 4,239,074 4,332,836 93,762 2.20,(
Criminal Justice Sales Tax 517,144 535,481 537,174 611,814 1,260,667 573,116 644,971 71,855 12.50,(
leasehold Excise Tax 2,343 14,853 2,413 2,524 111 4.60,(
State-Sh.,ed Revenues 2,891,91e 2,714,310 2,375,275 2,226,860 4,469,217 2,265,213 2,269,508 4,295 0,20,(
xcise Tax 714,806 453.733 680,797 743,583 1,100,000 507,177 933,610 426,433 84,10,(
153,779 189,987 175,200 231,811 305,598 121,532 111,423 ('0,109) -8.30,(
307,555 1,392,551 5,253,312 2,280,388 2,347,139 66.751 2.90,(
294,825 290,635 307,145 277,021 662,224 327,108 408.738 81,630 25.00,(
292,659 284,270 285,983 439,557 787,112 411,509 368,422 (43,087) -'0.50,(
101,794 78,108 91,246 70,737 229,910 108,167 109,909 1,742 1.6%
ses 43,550 41,542 39,499 39,087 95,481 40,898 28,584 (12,314) .30.1%
chise Fees 181,099 186,359 198,457 246,831 420,179 204,339 227,464 23,125 11.3%
eation Fees 233,958 206.758 214,414 241,097 456,514 234,300 248,625 14,325 6.1%
as Bay Centre 49,850 119,932 110,279 164,921 748,649 165,292 163,960 (1,332) -0.8%
Interest Earnings 207,606 164,234 193,074 221,007 918,284 252,113 337,666 85,553 33.9%
Admin Fee-SINM & Solid Waste 75,192 77,448 81,367 165,989 82,995 82,995 0.0%
SINM Fees 1,580,031 1,540,900 1,531,098 1,427,620 2,943,429 1,578,363 1,578,363 0,0%
Refuse Collection Fees 74,576 73,942 72,091 71,926 146,329 73,447 73,219 (228) -0.3%
Police 89,851 62,923 62,923 nla
Grants 7,500 9.756 13,095 22,540 476,140 376,058 376,058 0.0%
Other 32,138 10,456 16,388 2,072 49,756 18,247 '8,247 0.0%
Total Operating Revenues 14,076,761 13,805,328 14,419,361 15,885,412 35,382,868 17,185,819 18,051,253 865,434 5.0%
Operating Expenditures
City Council 110,327 105,433 105,526 114,691 192,955 118,445 118,424 21 0,0%
City Manager 211,052 172,968 225.716 289,957 532,812 275,877 295,328 (19,451) -7.1%
Management Services 565,044 642,223 752,534 698,527 1,958,149 742,094 740,121 1,973 ..
Civil legal Services 160,006 190,667 224,674 270,291 489,466 222,532 225,259 (2,727)
. legal Services 304,326 322,582 346,025 362,597 1,134,837 566,517 527,321 39,196 "."%
Developement Services 1,671,519 1,834,818 1,405,230 1,287,228 2,810,070 1,238,632 1,276,034 (37,402) -3.0%
4,138,754 4,040,559 4,287,214 4,761,282 10,789,182 5,516,684 5,452,274 64,410 1.2%
354,870 273,566 327,169 350,412 857,700 420,936 402,213 18,723 4.4%
1,627.786 1,468,537 1,530,415 1,246,409 2,874,260 1,340,351 1,281,570 58,781 4.4%
1,251,954 1,366,543 1,202,026 1,350,955 3,255,218 1,421,982 1,469,946 (47,964) -3.4%
City Overlay Program 767 201 351,049 . 113,834 2,295,401 100,382 100,382 0.0%
now & Ice Removal (1) 13,339 3,067 38.780 50,711 64,738 28,860 28,860 0 0.0%:
Solid Waste 57,222 78,644 141,465 347,105 295,914 117.713 113,662 4,051 3.4%
Surface Water Management 507,321 630,352 727,392 785,372 1,564,594 698,984 643,129 55,855 8.0%
Debt Service 482,553 512,373, , 647,389 717,209 2,521,972 1,037,923 ',037,923 0.0%
Dumas Bay Centre 95,284 137,784 173,870 202,762 401,228 198,611 198,221 390 0.2%
Non-de .,'mental 25,203 25,033 25,033 2,151,456 nla
Tota! Operating Expendi"".s 11 ,578,327 11,805,350 12,511,607 12,949,352 34, 69,953 14,046,523 13,910,666 135,857 1.0%
I I
Operating Revenues over/(under) 4,140,587!
Operatin Expenditures 2,497,434 1,999,978 1,907,854 2,936,060 1,212,915 3,139,296 1,001,291 31.9%
Other Financing Sources 3,138,137 2,301,421 i 2,301,421 :1 0.0%
I
Other Financing Uses 2,787,428 786,828 1,823,423 9,287,140 4,888,652! 4,888,652 0.0%
I
Ending Fund Balance
Solid Waste 111,484 188,505 213,050 295,991 370,089 250,650 nla nla
Snow & Ice 191,274 103,239 73,358 100,000 73,147 nla nla
Arterial Street 1,663,848 971,893 362,100 470,902 1,529,810' nla nla
Utility Tax 1,019,898 1,382,079 nla nla
SINM 2,016,324 1,702,890 1,077,666 1,566,522 840,139 2,030,272 nla nla
Path & Trails 29,109 39,284 50,210 6,153 12,907 8,460 nfa nla
Strategic Reserve 2,150,560 2,104,645 2,050,477 2,022,389 2,000,000 2,023,178 nla nla
Debt Service 1,657,809 1,936,991 1,618,909 2,986,805 4,538,155 4,223,795 nfa nla
Dumas Bay Centre 562,661 157,897 115,131 83.742 39.739 nfa "a
Police 1,031,439 1,082,207 583,861 748,150 nJa
P3 300,000 300,000 300,000 nJa .
Interfund loans 60,000 10,000 10,000 10,000 10,000 nla nla
Unreserved 3.739,949 4,281,959 4,625,190 4,433,179 (0) 3,645,213 nfa nla
Total Endin Fund Balance $11,891,744 $12,616,777 510,415,972 $13,332,248 $ 9,775,049 $15,263,202 ' 516,264,493 5 1,001,291 6.6%
Note 1: These expenditures occur prim.,ily durin9 the winter months.
Note 2: Includes contingency, unallocated P3 and vision premiums. """"57 PM
i)U'
MEETING DATE: August II, 1998
ITEM# .:rz: ( c:t)
"""""""""""""""""""""""""""""""""""""""""""""""""""'"........................................................................................................... ..........................
- CITY OF FEDERAL WAY
City Council
AGENDA ITEM
.ßY.IJ.!.~ç.I.:.....Y()'\l.t.þ..ç,().~i~~~().I1..ApP9.~I1.t.I11..(':f1.t... ..............................................................
...............................
CATEGORY:
BUDGET IMP ACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
..........................
.........................................................
.......................................
.. A IIi\.. ç ~.l\:f.~~I. §.:.....ç9. I11..I1].i~t.e.(':.. :J..c.~i()l1f()~A¡¡~(':~} 1;l1Y...1. ,. ..1.~~~.;..1. e.~t.e.~..()fTe..s.i ZI1:J..t.i(),I1..........................................
SUMMARY/BACKGROUND: A letter ofresignation dated June 30,1998 was received from Youth
Commissioner Jared Malone. The Commission unanimously approved a motion to appoint alternate
member Jennifer Graves to complete the unexpired tenn ofMr. Malone, which runs through August 31,
1999.
.......................................................................................................................................................................................................
..................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: On July 27, the Parks, Recreation, Human
Services & Public Safety Council Committee passed a motion recommending the appointment of Jennifer
Graves to the Youth Commission to complete the tenn of Jared Malone through August 31,1999,
..............................
.~ ~~~~~~ ~~~ ~~~~~~~~~ ~~ ~ ~:..~~~~~ ~ ~l: ~~: =i~~~..~~~: ~:j 2~l.ó. ~J.'
APPROVED FOR INCLUSION IN COUNCIL Xi
PACKET: @~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_DENIED
- T ABLEDIDEFERREDINO ACTION
COUNCIL BILL #
Ist Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Jared Malone
33826 35th Place SW.
Federal Way, WA 98023
June 30, 1998
Mr. Kurt Reuter
City of Federal Way
33530 ¡"Way So.
Federal Way, WA 98003
Dear Mr. Reuter;
I write this letter to inform you of my resignation from the Federal Way Youth
Commission. With my new job I do not have the time or energy to be an active participant
in the Youth Commission, and I feel that is only fair that I give my position to someone
who can serve the group better.
Sincerely,
C\~ JV\~
Jared Malone
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
DATE:
July1,1998
FROM:
Kurt Reuter, Athletics and Specialized Services Manager
SUBJECT:
YOUTH COMMISSIONER RESIGNATION/APPOINTMENT
Background:
A letter of resignation dated June 30. 1998 was received from Youth Commissioner
Jared Malone. A copy is attached for your review.
The commission unanimously approved a motion to appoint alternate Jennifer
Graves to complete the unexpired term of Mr. Malone which runs through August
31, 1999.
Staff supports this recommendation and requests that this item be forwarded to the
full Council at its next meeting.
Recommendation;
Motion to appoint Jennifer Graves to complete the unexpired term of Jared Malone
through August 31, 1999.
~~~:~ber
MEETING DATE: August II, 1998
ITEM#
:íZZ ..L )
....................................................................................... ..........................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
.~Y..l3}~Ç}'..:..1<. ~Jl1.i I y.. 1<. ~~~. M.~I!l.CJ.r.1lIl.~ 1l.1!l CJ.f.Y.!1.4.~~~~~4.i11. g....
CATEGORY: BUDGET IMPACT:
""""""""""""""
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.................................
......................................
.......................................
ATTACHMENTS:
Committee action fonn dated June 16, 1998; draft Memorandum of Understanding
.................................
........................................................
...................................
SUMMARY/BACKGROUND: Federal Way Family Fest is scheduled on August 28-30, 1998. As in the
past, the event will take place at Steel Lake Park. Staff is proposing the same Memorandum of
..Y..I1:~.~~~.t~.~.iJ1.g ..Þ.~~~~11...tþ~S:'\ ty.. ~.~. .1<.~il y1.'. ~~~.1l.~.~~. .i11. ..tþ ~ .P.~~ ~:... ..........................
CITY COUNCIL COMMITTEE RECOMMENDATION: On June 22,1998, the Parks, Recreation,
Human Services & Public Safety Council Committee reviewed the draft Memorandum of Understanding
and passed a motion recommending that staff proceed with the MOU with the Federal Way Community
Council.
. :çi!x: .M~AÇ~.~:~Ç'Q~M~~P.A !iQ~::A.~~;; ;~I: :~i;~~it~ ~~ .;~~~~. :.'.::. :.: ::1L/\ . f~~f:::
APPROVED FOR INCLUSION IN COUNCIL drfR. ,"
PACKET: ( v
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_DENIED
_TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
Ist Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item SA
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREA TION, PUBLIC SAFETY & HUMAN SERVICES COMMITTEE
Date:
June 16, 1998
From:
David Wilbrecht, Deputy Director
Parks, Recreation and Cultural Services
Subject:
Memorandum of Understanding/Family Fest
Background:
Federal Way Family Fest is scheduled the weekend of August 28,29 and 30, 1998. As in the past,
the event will take place at Steel Lake. Unlike the past couple of years, the event will mostly be
located on the beach side of the park. Parking is proposed on the soccer field. The attached map
shows the proposed activities and events and location of booths and vendors.
Staff is proposing the same Memorandum of Understanding between the City and Family Fest used
in the past. We are currently working with Family Fest on the details of the event, but for the most
part, it will be same level of support as previous years.
In addition to the site map, a draft copy of the Memorandum of Understanding along with Exhibit
A is attached describing the 1997 projected Family Fest support, and risk management requirements
from 1997. These forms are being updated for 1998 and will be completed before the event.
A brief presentation will be made at the Council Committee meeting by staff and by members of the
Family Fest Committee.
Committee Recommendation:
Motion to recommend staff proceed with the Memorandum of Understanding with the Federal Way
Community Council.
~:o~~
Committee Member
DRAFT
Memorandum of Understanding
Family Fest 1998
City of Federal Way and Federal Way Community Council
THIS MEMORANDUM OF UNDERSTANDING ("MOD"), dated effective this 11 th day of August,
1998, defines the respective responsibilities of the City of Federal Way ("City") and the Federal
Way Community Council ("FWCC") in connection with the 1998 Family Fest event.
Recitals:
The FWCC, through the Family Fest Committee, produces an annual outdoor event,
known as Family Fest, in Steel Lake Park, Federal Way, Washington ("Event"). The
Event includes a parade, food and craft vendors, perfom1ances and activities over a
three (3) day period, August 28,29 and 30, 1998;
A.
B.
The City has fom1ally adopted the Event as an official City-sponsored event pursuant
to Resolution No. 94-166 benefitting the citizens of Federal Way; and
C.
The Family Fest Committee will serve as the producer of the Event. The City will
provide the location and assist with City services as outlined in this MOD.
NOW, THEREFORE, the parties agree as follows:
I.
City Responsibilities. The City agrees as follows:
1.
The City shall provide support staff for negotiating use of Steel Lake Park
stage and canopies;
2.
The City shall waive the Special Events Pem1it fee for use of Steel Lake Park
facilities;
3.
As a City-sponsored event, waive application fees for a temporary business
license and electrical pem1it;
4.
As a City-sponsored event, Family Fest organizers, FWCC, will be covered
under the City's insurance program;
5.
The City shall provide use of currently available and owned outdoor stage,
bleachers, canopies, sound system, and generator at Steel Lake Park during
the Event;
6.
The City shall provide maintenance support for site preparation, and
logistical support and cleanup as outlined in the document entitled" 1998
Projected Family Fest Support," attached hereto as Exhibit "A" and
incorporated by this reference.
II.
FWCC ResDonsibilities. The FWCC shall:
1.
Screen all vendors, displayers and other groups participating ("Vendors") for
required pennits, required executed Vendor Participation Agreement, and
proof of insurance coverage as outlined in the document titled "Insurance
Requirements for Family Fest," attached hereto as exhibit "B" and
incorporated by this reference. In addition, all food vendors or other food
handlers required to obtain Health Department pennits will obtain those
pennits and FWCC shall provide to Vicki Norris, Park Maintenance
Manager, by August 17, 1998, a list of all pennitted vendors for inclusion in
the Event. Without such certificates, a Vendor may not participate in the
Event;
2.
Insure that the City of Federal Way is named as additional insured on all
Vendor certificates of insurance. Copies of all insurance certificates will be
provided to the City liaison, Vicki Norris, Park Maintenance Manager, by
August 17, 1998 for inclusion in the Event. Without such certificates a
Vendor may not participate in the Event;
3.
Once a Vendor has provided all necessary pennits, waivers and insurance,
FWCC shall provide the Vendor with identification (such as a sign to display
in booth) indicating compliance with such requirements. FWCC shall ensure
that such identification shall be displayed at all times during the Event;
4.
Provide a detailed site plan and final timeline of the Event by August I, 1998
to the City liaison, Vicki Norris, Park Maintenance Manager;
5.
Provide logo identification on all marketing materials developed to promote
the Event;
6.
Provide booth space at the Event for promotion and sale of products by the
City of Federal Way's Parks, Recreation and Cultural Services Department;
7.
Provide volunteer assistance in repairing any damage to Steel Lake Park and
Steel Lake Annex that may occur during the Event;
8.
FWCC agrees to indemnify and hold the City, its elected officials, officers,
employees, agents, and volunteers hannless 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 MOD to the extent caused by the negligent acts, errors
or omissions of the FWCC, its partners, officers, shareholders, agents,
employees, invitees, or volunteers, or by FWCC's breach of this MOD.
FWCC waives any immunity that may be granted to it under the Washington
State Industrial Insurance Act, Title 51 RCW. FWCC's indemnification shall
not be limited in any way by any limitation of the amount of damages,
compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or
programs.
This MOD contains the obligations of both parties for Family Fest and may not be changed or
modified except by written agreement by both parties.
Kenneth E. Nyberg, City Manager
33530 - 1st Way South
Federal Way, W A 98003
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
ATTEST:
City Clerk, N. Christine Green, CMC
Herbert Pollinger
Federal Way Community Council
k:lparkslfamfest.agr
EXHIBIT A
1998 PROJECTED FAMILY FEST SUPPORT
¡
Art.; c.ommi.mon (Cash)
Contract for Services
$4 , 000
Staff Support (In-Kind Value)
Recreation and Cultural Services Manager (25/hr x $27/hr)
Maintenance and Operations Supervisors (48/hr x $27/hr)
$ 675
$1,296
Total:
$1,971
Pennit<¡/Rentais (In-Kind Value)
*Waive of Special Events Pennit
Sound System
Stage ($736) Canopy ($336)
'- **Liability Insurance
Generator
Canopies- l-lOxlO ($60.00), 2-lOx15 ($280)
Temporary Business License
Electrical Pennit
$ 712
$ 100
$1,072
$2,500
$ 50
$ 340
$ 25
$ 42
Total:
$4,841
Pre-Event (In-Kind) (Site Preparation)
"
Re-Iocate bleachers & tables:
Erect barricades and snow fencing (120 feet of fencing):
Spray paint sprinkler heads, water lilles (identify):
Deliver Stage and canopies:
Set-up of Stage and Canopies:
Assist Carnival vehicles on-site and set-up:
Deliver generator, sound system, set out garbage containers:
4 people, 4 hours
2 people,6 hours
4 people, 8 hours
4 people, 2 hours
10 people, 2 hours
2 people, 6 hours
2 people, 3 hours
Total:
106 hours
42 hours full-time @ $19.80/hour
56 hours part-time @ $lO.00/hour
8 hours part-time @ $12.00/hour
$831
$560
$ 96
106 hours
Total:
$1,487
* Based on using a part of the park, we do not have a fee structure in place for using a whole
**Currently under City insurance, with a $5,000 deductible
park
Other (Tn-Kind)
Garbage Bags
Wetting Agent for soccer field
$ 115
$ 100
Total:
$ 215
Total Cash
Total In-Kind
$ 4,000
$11,602
TOTAL:
$15,602
" Loss of Revenue
Picnics (At Capacity)
$ 395
Tournaments (At Capacity)
$ 390
Total:
$ 785
"
I:famfest\mou.97
EXHIBIT B
Evp.nt (In-Kind)
Friday:
Monitor park, garbage pick-up
5:00 p.m.-10:00 p.m.
Saturday:
Assist with vendors on and off fields, monitor park, garbage pick-up
7:00 a.m.-7:00 p.m.
7:00 p.m.-lO:oo p.m.
Sunday:
Monitor Park, garbage pick-up, assist vendors off fields, take down
" canopies
11:00 a.m.- 8:00 p.m.
50 hours full-time @ $28.80/hour
42 hours part-time @ $10.oo/hour
8 hours part-time @ $12.oo/hour
100 hours
Post-Event (In-Kind)
Take down stage:
Park Clean-up:
Return bleachers and tables:
Return stage and any other equipment:
38 hours full-time @ $19.80/hour
38 hours part-time @ $10.oo/hour
76 Hours
Total:
Total:
Total:
Total:
2 people, 5 hours
4 people, 12 hours
2 people, 3 hours
4 people, 9 hours
100 hours
$1,440
$ 420
$ 96
$1,956
10 people, 2 hours
4 people, 8 hours
4 people, 4 hours
4 people, 2 hours
76 hours
$ 752
$ 380
$1,132
CITY OF FEDERAL WAY'
RISK MANAGEMENT DMSION
EXHIBIT "B"
ugust. 'I
Insurance requirements for contracted vendor or booth participants at Family Fest are
as follows:
TYPE OF ACTIVITY AND EXPLANATION INSURANCE REQUIRED
A. Non-profit, information only booth. No insurance needed. Mutual
indemnity claùse only.
B. Non-profit and lor service club sales, game No insurance needed. Mutual
or exhibit booth, NO FOOD. This indemnity clause only.
category includes home based crafts sellers,
entertainers contracted on a flat fee basis to
provide music, magic shows, Velcro
tunnel, gyro-tron, and the like.
C. Non-profit and/or service club FOOD. $1,000,000 combined single limit
BOOTH. general liability, products liability
and personal & bodily injury
insurance required.
D. Commercial sales booth. $1,000,000 combined single limit
general liability, and personal &
,," bodily injury insurance required.
E. Exceptional overnight use of park facilities $1,000,000 combined single limit
as approved by the Director of Parks, general liability, and personal &
Recreation and Cultural Services. bodily injury insurance required.
If liquor will be served,
additional insurance will be
required.
Insurance Requirements for Family Fest
(continued)
TYPE OF ACTIVITY AND EXPLANATION INS URAN C E REQUIRED
Insurance Requirements for Family Fest
A I 1998
F. Commercial FOOD BOOm or trailer.
1. Limited and/or retail food classification. $1,000,000 combined single limit
These are commercial food exhibitors that general liability, products liability
do not utilize a complete kitchen; they sell and personal & bodily injury
a small number of specialty items, the insurance required.
potential health risk to the public is low,
the opportunity for human or bacterial
contamination is limited, i.e. popcorn,
snow cones, cotton candy, prepackaged
frozen ice cream.
2. Regular food service classification. $1,000,000 combined single limit
These are commercial food exlùbitors that general liability, products liability
utilize a complete kitchen; a full menu is and personal & bodily injury
available, food items may be prepared on insurance required.
site; the potential health risk to the public
could be serious or dangerous if the foods
were improperly prepared; it involves the
preparation of potentially hazardous foods;
i.e. dairy products, meat, fish, cooked
vegetables etc.
G. Commercial game booth or event, i.e. $1,000,000 combined single limit
carnival type games of chance. This'. general liability, products liability
category includes any ANIMAL rides, and personal & bodily injury
petting zoo, pony ride, llama ride and the insurance required.
like.
H. Commercial rides, i.e. carnival rides, $5,000,000 combined single limit
including helicopter rides, tethered balloon general liability, products liability
rides, bungee seats and the like. and personal & bodily injury
insurance preferred, minimum of
... $2,000,000 required. Other
specialized insurance may be
required in addition.
NOTE: It is understood that at the discretion of the Risk Manger, based on his/her
knowledge of the events and activities and ris]¡¡¡ involved, and based upon the above
guidelines, increased levels of insurance may be required for a particular activity or
event. All insurance certificates shall show the City of Federal Way named as
additional insured as insurance coverage pertains to the activities described above.
I:\docs\famfestlmou.97
MEETING DATE: August 11,1998
ITEM# ~ C(J
...................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Crown Point Sewer Repair - Proposed Interlocal Agreement// 100% Design and Authority to Bid//
............1..Il~~.o.r:ï.t;v...t()11V..".~~I!J~....
CATEGORY:
BUDGET IMPACT:
_x_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
- PROCLAMA TION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: July 29, 1998 memorandum to the Land Use/Transporation Committee - Crown Point Sewer
Repair - Proposed Interlocal Agreement// 100% Design and Authori(v to Bid// Authority to
Award Bid
SUMMARY/BACKGROUND:
As you may recall, an 18" corrugated metal storm line serving the Crown Point subdivision separated at an unknown
time in the past and was discovered last winter. The damage appears to have been caused by a falling tree on a steep
slope. The separation of the storm line allowed water to escape from the system and undermine the storm line down
slope of the break and undermine a portion of a nearby 8-inch ductile iron sanitary sewer line owned by the
Lalcehaven Utility District.
Concurrent with our investigation of the storm line problem, the Lakehaven Utility District discovered that the
portion of their 8-inch line traversing the steep slope (above the washout area but very near the City's storm line) was
in need of replacement. The justification for the replacement is excessive joint deflection - which is presumably a
result of the fact that the upper strata of this steep slope moves continuously.
Emergency repairs consisting of - a temporary patch of the separated storm sewer line, backfill of the eroded ponion
of the steep slope, and anchoring of the ponion of sanitary sewer line which was undermined - were completed
earlier this year. Permanent repairs are planned for the months of August and September - when the steep slope
upon which the lines are located is the driest.
Although the storm and sanitary projects are not mutually dependent the proposals presented below for your
consideration all suggest that the projects be combined - as long as the character of the construction for both lines
remains the same, i.e., the solution consists of above ground installation of fused joint high density polyethylene
(HOPE) pipe. Should the character of construction of the sanitary line be changed to some sort of below ground
installation due to any unforseen circumstance, the sanitary portion of the project will not be constructed concurrent
... ~itlJ,. tlJ,~..st() !I.J!.. .1iJ:t~: ..Ins.t~~~,. .th..~ 'p'i~t,r.i~t. .\¥.()ttl~. .a.c.~()t11plis~ ~9~t,r.u.~':i()t.t ~!.~. .I~!~! cIat~. .1It.t~~r.. ~ ..s~pa!~!~... ~().11t,r act:...
Proposed lnterlocal Agreement:
In order to accomplish the proposed repairs to the stonn and sanitary lines the City must enter into an Interlocal
Agreement (ILA) with the District. Please find copy of the proposed (ILA) for the referenced sewer repair for your
consideration.
The proposed ILA outlines a cost and responsibility sharing plan which will achieve a shared project economy in the
execution of the referenced repair work - provided that the character of construction remains similar for both the stonn
and sanitary lines. The ILA suggests that the City bear the cost of design of both sewer lines. Construction costs
associated with each utility line will be borne solely by the respective owner. Staff seeks Council's authorization to enter
into this agreement with the District.
100% Design and Authority to Bid:
The project design has reached the 100% completion point and is now submitted for your consideration. The following
expenditure summary and cost estimate outlines the total cost of the project - including that portion of the cost allocated
to the Lakehaven Utility District:
Design:
City
District
Stonn and Sanitary
Department of Ecology Modifications
$13,000
$ 0
$ 0
$4,000
Construction:
Temporary Patch
Stonn Line
Sanitary Line
Sales Tax
Construction Management
20% Contingency**
$10,425*
$32,390
$ 0
$ 2,786
$ 0
$ 6,478
$ 0
$ 0
$32,390
$ 2,786
$ 9,700
$ 8,975
TOTAL
$65,079
$57,851
* Actual Cost (all other costs are estimates)
**The 20% contingency amount is recommended by the design consultant due to the steep slope and the migratory nature
of the slope's overlying soils
The City project costs will be borne by the Minor CIP portion of the Surface Water Management Annual Programs fund.
Staffis seeking Council approval of the project and Council's pennission to bid the project.
Authority to Award Bid:
Due 10 the nature of this project and the time constraints placed upon this project by the geotechnical conditions, staff is
requesting that Council deviate slightly /Tom its normal practice of requiring a return visit 10 Council between the bid for
services and the award of bid for services. We subject our request 10 the following two conditions: the fIrst condition
is that the low project bid received is within the project budget as summarized above; the second condition is that the low
bidder is both responsive and responsible and capable of completing the project to the City's satisfaction.
Note that this project will be bid using the Small Works Roster of contractors maintained by the City. This Roster is
routinely utilized for smaller construction projects. The City therefore has prior experience with many of the Roster's
contractors. The remaining construction costs including the 20% contingency total $95,505.00 - staff will return to
Committee and Council for pennission to award the bid should the low project bid (including contingency) exceed this
amount.
..."""""'."""""'."""."...".........."""'."""'..."""""
..............................................
CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 3, 1998 meeting the Land
UsefTransportation Committee forwarded the following recommendations to City Council for consideration
during their August 1], ] 998 meeting:
l.
Authorize staff to enter into the proposed Interlocal Agreement with the Lakehaven Utility District
for the Crown Point Storm and Sanitary Sewer Line Replacements
2.
Authorize staff to bid the Crown Point Storm and Sanitary Sewer Line Replacement project.
3.
Subject to the low bid meeting the budget constraints detailed in this memorandum and the low bidder
being responsive, responsible, and capable - authorize staff to award the bid for the Crown Point Storm
and Sanitary Sewer Line Replacement without returning to Committee and Council.
."~~~.~.~~.~ER RECOMMENDA TION: ~..,. c~¿;..nÿ:ë;,==~:;Z~~'"
............ [{£¡.d .¡{'rim"....
... ~~; ~~ ~~~.; ~~..~ ~~.~.~.~.~ ~. .~.. ~~ ~~ ~~..; ¡ ~~;;... :1JJ...o..
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_DENIED
_TABLEDffiEFERRED/NO ACTION
K:\COUNCIL\AGDBILLS\1998\CP 1 OOA WD.CC
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Date:
July29,1998
To:
Phil Watkins, Chair
Land Use and Transportation Committee
From:
Jeff Pratt, Surface Water Manager ~\
Crown Point Sewer Repair - Proposed lnterlocal Agreement// 100% Design and
Authority to Bid// Authority to Award Bid
Subject:
Background:
As you may recall, an 18" corrugated metal storm line serving the Crown Point subdivision
separated at an unknown time in the past and was discovered last winter. The damage .appears to
have been caused by a falling tree on a steep slope. The separation of the storm line allowed
water to escape from the system and undermine the storm line down slope of the break and
undermine a portion of a nearby 8-inch ductile iron sanitary sewer line owned by the Lakehaven
Utility District.
Concurrent with our investigation of the storm line problem, the Lakehaven Utility District
discovered that the portion of their 8-inch line traversing the steep slope (above the washout area
but very near the City's storm line) was in need of replacement. The justification for the
replacement is excessive joint deflection - which is presumably a result of the fact that the upper
strata of this steep slope moves continuously.
Emergency repairs consisting of - a temporary patch of the separated storm sewer line, backfill
of the eroded portion of the steep slope, and anchoring of the portion of sanitary sewer line which
was undermined - were completed earlier this year. Permanent repairs are planned for the months
of August and September - when the steep slope upon which the lines are located is the driest.
Although the storm and sanitary projects are not mutually dependent the proposals presented below
for your consideration all suggest that the projects be combined - as long as the character of the
construction for both lines remains the same, i.e., the solution consists of above ground
installation of fused joint high density polyethylene (HDPE) pipe. Should the character of
construction of the sanitary line be changed to some sort of below ground installation due to any
unforseen circumstance, the sanitary portion of the project will not be constructed concurrent with
the storm line. Instead, the District would accomplish construction at a later date under a separate
contract.
. ~'..
Proposed lnterlocal Agreement:
In order to accomplish the proposed repairs to the storm and sanitary lines the City must enter into
an Inter/ocal Agreement (!LA) with the District. Please find copy of the proposed (!LA) for the
referenced sewer repair for your consideration.
The proposed !LA outlines a cost aJlJ responsibility sharing plan which will achieve a shared project
........------......
I
economy in the execution of the referenced repair work - provided that the character of construcrion
remains similar for both the storm and sanitary lines. The ILA suggests that the City bear the cost
of design of both sewer lines. Constr6ction costs associated with each utility line will be borne
solely by the respective owner. Staff seeks Council's authorization to enter into this agreement with
the District.
100% Design and Authority to Bid:
The project design has reached the 100% completion point and is now submitted for your
consideration. The following expenditure summary and cost estimate outlines the total cost of the
project - including that portion of the cost allocated to the Lakehaven Utility District:
Design:
City
District
Storm and Sanitary
Department of Ecology Modifications
$13,000
$ 0
$ 0
$4,000
Construction:
Temporary Patch
Storm Line
Sanitary Line
Sales Tax
Construction Management
20% Contingency**
$10,425*
$32,390
$ 0
$ 2,786
$ o
$ 6,478
$ 0
$ o
$32,390
$ 2,786
$ 9,700
$ 8,975
TOTAL
$65,079
$57,851
* Actual Cost (all other costs are estimates)
**The 20% contingency amount is recommended by the design consultant due to the steep slope and
the migratory nature of the slope's overlying soils
The City project costs will be borne by the Minor CIP portion of the Surface Water Management
Annual Programs fund. Staff is seeking Council approval of the project and Council's permission
to bid the project.
Authority to Award Bid:
Due to the nature of this project and the time constraints placed upon this project by the geotechnical
conditions, staff is requesting that Council deviate slightly from its normal practice of requiring a
return visit to Council between the bid for selVices and the award of bid for selVices. We subject
our request to the following two conditions: the first condition is that the low project bid received
is within the project budget as summarized above; the second condition is that the low bidder is both
responsive and responsible and capable of completing the project to the City's satisfaction.
Note that thi~ project will be bid using the Small Works Roster of contractors maintained by the
City. This Roster is routinely utilized for smaller construction projects The City therefore has
prior experience with many of the Roster's contractors. The remaining construction costs including
the 20% contingency total $95,505.00 - staff will return to Committee and Council for permission
to award the bid should the low project bid (including contingency) exceed this amount.
Recommendation:
, Staff requests that the Committee for;ward the following project recommendations to the City
Council for consideration during their August 11, 1998 meeting:
1.
Authorize staff to enter into the proposed lnterlocal Agreement with the Lakehaven Utility
District for the Crown Point Storm and Sanitary Sewer Line Replacements
2.
Authorize staff to bid the Crown Point Storm and Sanitary Sewer Line Replacement project.
3.
Subject to the low bid meeting the budget constraints detailed in this memorandum and the
low bidder being responsive, responsible, and capable - authorize staff to award the bid for
the Crown Point Storm and Sanitary Sewer Line Replacement without. returning to
Committee and Council.
nPlMS:js
Attachments
K. 'lSWMIMINORCIP\CROWNPOlILurC.! 00
. ~'.
..). .
._c_-_...
,.
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDE~ WAY
AND LAKEHA VEN TJrn.rry DISTRICT
FOR THE CROWN POINT STORM AND SANITARY SEWER LINE REPLACEMENTS
(FROM 4TH A VENUE TO COLD CREEK)
TIllS AGREFMENT is madeamenleted into by am between the City ofFederaI Way (hereinafter
"City") and Lakehaven Utility District (hereinafter "District").
WHEREAS, the City proposes to proceed with the Crown Point Storm and Sanitary Sewer Line
Replacement (hereinafter "Project"); and
WHEREAS, the District provides water and sewer service in the general area of the Project in
accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and
WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmeIJtal units to make
the most efficient use of their powers by enabling them to cooperate with other entities to provide
services in a manner best serving the needs and development of their local communities; and
WHEREAS, the District can achieve cost savings and other benefits in the public's interest by
contracting with the City to perform certain services for the District, including letting a public
works constructioncontract which includes the replacement of the Sewer Line (hereinafter "District
Work") in connection with the Project, and providingconstructionmanagementservices in support
thereof;
NOW, TIffiREFORE, it is hereby covenanted and agreed by and between the Parties hereto as
follows:
1.
IÆW:ili .
The City will contract with Landau Associates, Inc. to design the "District Work". The
scope of work shall include the production of reproducible construction drawings, special contract
provisions, and other necessary documents with sufficiently detailed requirements for the District
Work to become a part of the plans and specifications for the project.
II.
BIDDING.
A. It is the intention of the City and the District that the "District Work" plans
and specifications shall be incorporated into the Contract Bid Documents for the Project in such
manner as to allow, to the extent possible, identification of cost allocations between the Parties.
ORIGINAL
~_..__._-_._-----
\ . .
--
B. Following opening of construction. bids on the Project, the District shall be
furnished with the bid prices submitted for the District Work fQr the District's approVal. Within
three (3) weeks of receiving the bid prices, the District shall notify the City in writing that the
District either approves or rejects their portion of the bid award. Bid award shall be made to the
lowest responsible bidder for the total Project subject to applicable laws and regulations. The City
shall not proceed with the District Work until the 'City bas received approval from the Districtfor
its portion of the bid award; provided however. if no bids are received which, in the estimation of .
the District, are acceptable to the District for the District Work, the District shall so immediately
notify the City. The District Work shall be deleted from the project contract and, in this event, the
City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate
effective the date of the District's notice to the City of the District's rejection of all bids.
ill.
CONTRACT ADMTNTSTRATIO~.
A. The City shall provide and pay for the necessary administrative, construction
observation, and clerical services necessary for the execution of the Project. In providing such
services, the City Public Works Director and/or his or her designee may exercise all the powers and
perfonn all the duties vested by law in him or her. The District grants to the City Public Works
Director and/or his or her designee authority to act on behalf of the District sufficient to carry out
the provisions of this Agreement.
B. The District shall furnish a-construction observer to ensure proper compliance
with requirements during installati:m of the District Work. The District's construction observer
shall advise the City of any deficiencies noted. The District's construction observer, however, shall
not communicate directly with or instruct the contractor directly on any matters regarding contract
perfonnance.
c. The District shall notify the City, in writing, of any changes it wishes to make
in the plans and specifications which affect the District Work, which changes shall be made, if
feasible. The City shall notify the District, in writing, of any changes required of the District Work
and shall obtain the District's approval of such changes. The District's approval shall not be
unreasonably withheld. The District shall be responsible for all costs incurred, directly or
indirectly, as a result of these or any other changes required or requested by the District.
IV.
PA YMRNT.
A: The District shall reimburse the City for all costs incurred by the City in
performing the District Work, which costs shall include but are not limited to the District Work
performed by the Project contractor(s) and all District requested changes.
B. All payments shall be due from the District to the City within thirty (30) days
after approval by the District's Board of Conunissioners of said sums billed to the District. Amounts
unpaid after said due date shall accrue interest at a rate of one (I) percent per month.
Page 2
"
~,
v.
INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hoÌd the District, its elected officials,
officers, employees and agents hannless 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 or
resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors
or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of
this Agreement.
B. The District agrees to indemnify and hold the City, its elected officials,
officers, employees and agents 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 or
resulting from, or COnnected with, this Agreement to the extent caused by the negligent acts, errors
or omissions of the District, its partners, shareholders, agents, employees, or by District's breach
of this Agreement.
The provisions of this paragraph shall survive the expiration or tennination of this Agreement
with respect to any event occurring prior to such expiration or termination.
VI.
OTHER PROVISIONS.
A. Following completion of the construction and City's acceptance of the Project
as fully constructed according to plans, specifications and change orders, the City shall provide a
Bill of Sale transferring ownership of the Sanitary Sewer Line and appurtenances to the District and
the District shall thereafter be responsible for maintenance of such facilities.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by both
Parties.
D. This Agreement shall be in full force and effect from the date of signature by
all Parties to the date the City completes the Final Inspection upon completion of the Project and may
be extended for additional periods of time upon mutual written agreement of the City and District
Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
. ~'.
E. Any provision of this Agreement which is declared invalid, void or illegal shall
in no way affect, impair, or invalidate any other provision hereof and such other provisions shall
remain in full force and effect.
Page 3
" . .
'-'------'~
IN CONSIDERATION ofthemutua1 beœfitaœruingherein, the Parties hereto agree tbatthe work
as set forth herein will be performed by the City under the ~rms of this Agreement.
IN WITNEss WHEREoF the Parties b:reto have hereunto set their hm:!s aIXI seals the day am year
fU"St above written.
CITY OF FEDERAL WAY
LAKEHA VEN UTILITY DISTRICT
Kenneth E. Nyberg, City Manager
General Manager
Date:
Date:
APPROVED AS TO FORM:
(
General Counsel, Steven H. Pritchett
K: ISWMlMIN OR CI P\CR 0 WN PO lIS EWElUlN. L UD
5113/98
. ~'.
Page 4
"---"._-
. ~ .: ~., '...
";~~,~";
EXHIBIT "A"
CROWN POINT STORM ANI) SANITARY SEWER LINE REPLACEMENT
(FROM 4m AVENUE TO STREAM)
ESTIMA TED DESIGN, CONSTRUCTION AND CONST/lUCTION MANAGEMENT
COSTS INCLUDING LAKEHA VEN UTILITY DISTRICT SANITARY SEWER LINE
REPLACEMENT
City's
Poroon
Lakehaven Utility's
Poroon
~
Project Design (Storm & Sewer System)
$13,000.00 $0.00
$0.00 $4,000.00
$32,390.00 $0.00
$0.00 $32,390.00
$2,785.54 $ 2,785.54
$0.00 $ 9,700.00
$6.478.00 $8.975 00
$54,653.54 $57,850.64
Modify plans per Ecology Requirements
CONSTRUCTION
. Storm water Une Replacement
Sanitary Sewer Une replacement
Sales Tax 8.6%
Sanitary Sewer Construction Management
20% Construction Contingency
Total Estimated Project Costs
Nate: Casts represented are estimates only. Actual casts incurred will be used to
calculate final cast of Lakehaven Utility District's Sanitary Sewer portion for
reimbursement to the City.
Page 5
MEETING DATE: August 11, 1998 ITEM# :]Z: fl-)
.......................................................................................................................................................................................................
.............................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
... ~ Y.~.~ ç.!.; J~..~ YY. .i.~ ~.. ç g ~.~ .~!:Y ..~, ~,~~. ~ ~.~..~.I.!!!.. ~ .~,! ~!,!!!i.g ~ ~.. ~ Y.~??:: 9. 9.Q ~.................................
CATEGORY: BUDGET IMPACT:
.x CONSENT
_ORDINANCE
_BUSINESS
_HEARING
-FYI
.x RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $ none
Expenditure Amt: $ none
Contingency Reqd: $ none
........................,..............................................................................................................................................................................
......................,...,..................
ATTACHMENTS: (I) July 28, 1998 City Council/ Land Use Transportation Committee memo which includes as Exhibit
....................................................."'-..tJ¡~JlI1Y}~!}~2.~.~.~..~q>,~,~!'. .th.~..Ç!.IJ...Ç,?~~.~i..811.~.th..~..<!:r..~.~~""llltì.?~..'!!'..!?~~!~..!3.:.. .............
...........
SUMMARYIBACKGROUND: The applicant has submitted a request for a plat alteration of the Plat ofBayview Country Estates
to change plat language to allow single family home construction on lots originally approved as townhome lots by King County.
Due to expiration of King County issued townhome building permits and lack oftownhome provisions under FWCC, the property
owner is unable to build townhome dwelling units on lots 5-10 ofBayview Country Estates, a single family and multifamily
subdivision. The City Council Land Use/Transportation Committee (LUTe) reviewed the plat alteration request at their August
...~!)~~,~~.&:....,....................................................................................................................................................................................
.........................
OTY COUNOL COMMITTEE RECOMMENDATION: Recommend approval ofSUB97-0003, Bayview
...çg,Il!l.try,.P'.s~te..s..~.I¡¡t..N~¡¡t,i()P::....................." ................................................................................................................................
.............,.....
OTY MANAGER RECOMMENDATION: Recommcnd approval of SUB97-00q3, Bayview COWlIIy Estates Plat
...!-..ltc:r.¡¡~!()!1.:...........................................,................................................................................................tu.A.u.~j.f4........................
...............
APPROVED FOR INCLUSION IN COUNOL PACKET: (( Pk.-
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNOL ACTION:
_APPROVED
_DENIED
- T ABLEDIDEFERRED/NO ACTION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-SII4I96
.. ---.-------------..---
(253) 661-4000
FEDERAL WAy' WA 98003-6210
MEMORANDUM
DATE:
July 28, 1998
TO:
City Council land Use & Transportation Committee
Councilmember Phil Watkins, Chair
~egory Moore, AICP, Director of Community Development Services
FROM:
CONTACT:
Deb Barker, Associate Planner
RE:
Alteration of the plat Bayview Country Estates, lots 5 through 10.
Federal Way File No. SUB 97-0003
I.
SUMMARY OF APPLICATION
Bayview Country Estates is a residential development comprised of 42 single family lots and
14 multifamily lots on 27 acres. Bayview Country Estates is located in the nortl1west portion
of the City in the 3700 block. of 311th Avenue SW. Federal Way zoning is RS-15.0,
Residential Single Family, requiring a minimum lot size of 15,000.
The applicant owns lots 5 through 10 of the plat of Bayveiw Country Estates. At the time of
platting, lots 5 though 16 of Bayview Country Estates were established as townhome.lots.
After 3 extensions, the multifamily construction permits issued by King County for lots 5
through 10 expired. The City of Federal Way, which incorporated after Bayview Country
Estates was platted, has no provisions for townhome construction in single family zoning
districts. Therefore, in order to construct upon these lots, they must be replatted from
town home lots to single family lots, and the plat language changed. Said action is an
alteration of a subdivision under RCW 58.17.215.
The staff report to the City Council contains a full analysis of the issues involved.
II.
REASON FOR COUNCIL ACTION
The City of Federal Way City Code has no provisions for plat alteration of this nature. Under
RCW 58.17.215, alteration of a plat must be approved by the legislative authority, in this
case the City Council. Therefore, the RCWs must be followed. Bringing this matter before
the City Council land Use Committee for review and recommendation prior to the full Council'
is consistent with how land use matters are currently processed by the City.
~.
III.
STAFF RECOMMENDATION
The Department of Community Development Services recommends approval of the plat
alteration to change six townhouse lots into two single family lots.
IV.
PROCEDURAL SUMMARY
September 25, 1997
Application received.
October 16, 1997
January 28, 1998
Community Development Review Committee (CDRC) meeting
Application detennined complete
August3,1998
City Council Land Use Committee meeting. The Land Use
Committee is to forward to the full Council a recommendation
(see Section VI below). .
City Council meeting. Pursuant to 58.17.215 of the Revised
Code of Washington, the City Council shall consider the
application at a scheduled meeting.
September 4, 1998
V.
DECISIONAL CRITERIA
City Council's review of the application is limited to staffs written report, compliance with
review criteria set forth in section 58.17.215 of the Revised Code of Washington, and other
applicable ordinances and regulations of the Federal Way City Code. 58.17.215 of the
Revised Code of Washington states that:
The legislative authority shall determine the public use and interest
in the proposed alteration and may approve or deny the plat alteration.
Findings contained in the staff report to the City Council (Exhibit A) and by reference in the
draft resolution (Exhibit B) indicate that the application is consistent with these criteria. The
plat alteration to change six multifamily lots into two single family lots will not have an
adverse effect on the public.
VI.
COUNCIL ACTION
A draft resolution recommending approval of the proposed plat alteration application is
included. After consideration of the decisional criteria, the City Council may, by action
approved by a majority of the total membership, take one of the following actions:
1.
2.
Approve the Application, or
Approve the Application with minor modifications, or
_. .
."
3.
Deny the Application, or
4.
Remand the matter back to Staff for further consideration.
Exhibits:
Exhibit A -
Exhibit B -
Staff report to the City CQuncii
Draft Resolution
l:\subdMslbayv;.....\ccm.",,>02.1Xt
2
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CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVIÇES
1.
STAFF REPORT TO THE CITY COUNCIL
PLAT ALTERATION REQUFST FOR
BAYVIEW COUNTRY FSTATFS, LOTS 5 THROUGH 10
Federal Way File Number : SUB 97-0003
INTRODUCTION
Date:
Request:
July 23, 1998
To replat lots 5 through 10 of Bayview Country Estates from six
multifanúly lots into two residential single family lots as provided by the
Revised Code of Washington (RCW) 58.17.215 (Exhibit A - Application
Request); (Exhibit B - RCW 58.17.215).
Description: Bayview Country Estates is an existing subdivision of 42 single family and
14 multifamily lots on 27 acres. It was originally approved by the King
County Council on March 10, 1986 per Ordinance #7530 8!1 a 56 lot
subdivision (Exhibit C - Reduced Plat of Bayview Country Estates)
Owner of lots
5 - 10: HP and SSW Associates
PO Box 2218
Pateros, W A 98846
(509) 923-9474
Applicant:
Engineer:
Location:
Peter Frame .
Real Property Solutions
18601 SE 65th PL
Issaquah, WA 98027
(425) 822-4174
ESM, Inc
720 South 348th St.
Federal Way, WA 98003
(253) 838-6113
. .
Between SW Dash Point Rood and SW 3l1th Lane, and between 37th Place
SW and 36th Court SW, in Section 11, Township 21 North, Range 5 East,
WM, King County (Exhibit D -- Vicinity Map).
EXHIBIT A
PAGE.L. OF ~
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Sewage
Disposal:
Lakehaven Utility District.
Water
Supply:
City of Tacoma Water
Fire District: Federal Way Fire Department
School
District:
Federal Way School District No. 210
Report
Prepared By: Deb Barker, Associate Planner
ll.
HISTORY AND BACKGROUND
A.
Background
The preliminary plat ofBayview Country Estates was approved by the King County
Council on March 10, 1986, with the final plat recorded on February 2, 1988.
(Exlùbit C - Reduced Plat Map). Using lot averaging, the plat ofBayview Country
Estates incorporates 42 single family lots and 14 townhome lots for a total of 56
residential lots on 27 acres ofland. Townhome and single family construction began
in 1989 with building pennits issued by King County.
The City of Federal Way incorporated on February 28, 1990. Three separate
extension requests to the townhome building permits were processed by King County
Building and Land Development (BALD) between 1992 and 1994, wruch facilitated
completion of eight of the townhome lots. Approved foundations and retaining walls
were installed on the other townhome lots, but, as no other construction was
undeIWay, King County detemûned that the project expired on October 11, 1994.
Single family lot construction continued under Federal Way pennit authority.
The City of Federal Way subdivision codes in effect at the time of plat alteration
application(s) have no provisions for townhomes or zero lot lines, and the city could
not re-approve the expired townhome building pennits. On June 18, 1996, the
developer took out city building permits Bill 96-0231 and BLD 96-0232 in order to
remove the foundations at the remaining sites. A preapplication meeting for a four lot
plat alteration was conducted in December 1995. A 1995 plat alteration application
for four residential lots was canceled by the applicant that same year.
~' -'...
A formal application for plat alteration was submitted on September 25, 1997. The
Community Development Review Committee (CDRC) met on October 16, 1997
2
EXHIBIT A
PAGE...LOF "
~ ,-- "__n
""-"""" '..--....-..,....".-...........,
to review the application. The application was copsidered complete on January 28,
1998 following submiU3l of all required information.
Since that time, City Staff has conducted a technical review of the proposal in
preparation for Land UseJTransportation Committee (LUTe) review.
B.
Description of the PrQposaI
The plat language of Bayview Country Estates 1imÍts the type of housmg units that
can be constructed throughout the plat. Specifically, note 10 of plat of Bayview
Country Estates states that:
Lots 5 through 16 inclusive are limited to townhouse units. All other lots
are limited to detached single family.
Lots 5 through 10 ofBayview Country Estates, in the southwest portion of the plat,
remain undeveloped. Access to the lots is via 37th Place SW. All roads and
sidewalks within the subdivision have been constructed, storm drainage facilities
have been installed and water and sewer lines are in. As established by King
County, a 25 foot wide Building Set Back Line (BSBL) and a Native Growth
Protection Easement (NGPE) run along the southern portions of the lots because
of steep slopes and ravine.
Due to expiration of the King ,County issued multifamily townhome building
permits for lots 5 through 10, and lack of townhome provisions with adoption of
the City ofFedeœl Way zoning code, the applicant is unable to build multifamily
dwelling units on the lots 5 through 10 of the Plat of Bayview Country Estates. In
addition, the size of each townhouse lot is less than the minimum lot size required
in RS 15,000 zoning district, and plat language restricts single family development.
Therefore, in order utilize lots 5 through 10 for single family construction, the plat
note 10 ofBayview Country Estates must be altered to allow lots 5 through 10 to
contain detached single family structures.
.. '
Note #10 of the plat of Bayview Country Estates is proposed to be changed as
follows:
Lots 11 through 16, inclusive, are to be limited to townhouse units. All
other lots are limited to detached singlefamily.
In regards to insufficient lot size, lots 5 through 10 would be consolidated and
renumbered as lots 5A and 6B. Lots 7 through 10 would be eliminated. To
facilitate the plat alteration, other plat notes would be modified and several new
3
EXHIBIT A
PAGE~_OF C,
.......".""..--""",
ll.
ID.
IV.
--
notes added. These note changes would includ~ reference of lots 5 through 10 as
lots 5A and 6B, amend CC&R's recording numbers, and would include FWCC
requirements for drainage and school impact fees. Proposed note changes and
additions are denoted in the plat alteration pages by a .star" (Exhibit E - Bayview
Country Estates alteration).
This type of action is considered a plat alteration requiring approval by the
legislative authòrity pursuant to RCW 58.17.215.
CONSULTED DEPARTMENTS AND AGENCIR~
The following departments, agencies and individuals were advised of applications
regarding this site:
1.
The Community Development Review Committee (CDRC) consisting of
representatives from the Federal Way Fire Department, Lakehaven Utility
District, and the City's Planning, Building, and Public Works departments
reviewed the plat alteration request. Where applicable, staff comments
have been incoxporated into this report.
2.
All property owners within the subdivision and property owners and
occupants within 300 feet of the subject site have been notified by mail of
the July 20, 1998 public meeting on the request for the plat alteration in
accordance with RCW 58.17.215 (Exhibit B). In addition, the site has
been posted and notice placed in the newspaper pursuant to RCW
58.17.215 (Exhibit B). No public comments have been received as of the
date of this report.
ENVIRONMENTAL ANALYSTS
Review under the State Environmental Policy Act (SEPA) is not required for the plat
alteration. A Determination of Significance (DS) was issued previously by King County
Building and Land Development on September 24, 1985 for the overall proposal. The
applicant appealed the DS. The King County Hearing Examiner found for the appellant
and the DS was withdrawn.
. .
,. -,
ANALYSIS OF DECISIONAL CRITERIA
This application for plat alteration requests language changes to the face of the plat of
Bayview Country Estates. The City of Federal Way City Subdivision Code has no specific
provisions for plat alterations of this nature. Division 8 of the FWCC, Alteration of Plats.
governs plat alterations intended to alter lot locations, open space, etc. There are no
criteria in Division 8 which deal with textural changes. Thus, the RCW must be consulted.
4
EXHIBIT A
PAGE~OF ~
v.
5.
6.
..---------..
Under RCW 58.17.215 (Exhibit B), altelalion of a plat ~ust be approved by the legislative
authority, in tlùs case the City Council. Therefore, the RCW's must be followed.
Decisional Criteria: Pursuant to Section 58.17.215 of the Revised Code of Washington
(Exhibit B), the legislative authority sball determine the public use and interest in the
proposed altelation and may approve or deny the plat alteration.
City's Response: The plat alteration to modify current language on the face ~f the plat to
alter six townhome lots into two single family lots will not have an adverse effect on the
public. The plat alteration is necessary to remedy the situation caused by the expiration
of King County multifamily pennits, and the Federal Way Subdivision Code which does
not contain provisions for townhome construction in Residential Single Family zoning
districts. The alteration does not impact other lots in the plat of Bayview Country Estates,
nor surrounding properties.
FlNDTN~~ OF FACT
Based on an analysis of the proposed action and related decisional criteria, the Department
of Community Development finds that:
1.
The plat of Bayview Country Estates was approved and recorded by King County
on February 2, 1988.
2.
The site is designated Single Family Residential, Medium Density under the 1995
Federal Way Comprehensive Plan. Development of the subject site into single
family lots would be in accordance with the comprehensive plan.
3.
According to the Federal Way zoning map, the site is zoned RS 15.0 - Single
Family Residential. Lots created with this plat alteration would meet the núnimum
lot size of 15,000 square feet.
4.
The applicant has requested to change the six multifamily lots into two single
family lots to allow for construction of single family residences. Such an action
is an alteration of a subdivision under RCW 58.17.215.
~. ~'.
The application contains signatures of the majority of persons having an ownership
interest of lots 5 through 10 of Bayview Country Estates in accordance with RCW
58.17.215.
The subject site (lots 5 through 10) contains portions of retaining walls and
foundations built under King County Permits. Th~ were documented in a March
6, 1998 topographic survey prepared by ESM, Inc. A "Geotechnicial Engineering
Consideration" prepared by Geotech Consultants, Inc. dated April 15, 1998 was
EXHIBIT A
PAGE£OF~
5
7.
VI.
Vll.
EXHIBITS
Exln1>it A
Exln1>it B
Exln1>it C
Exlu1>it D
Exlu1>it E
""""......--------..-..""
submitted. This survey is depicted on sheet 1 of ~ of the Bayview Country Estates
Alteration, and the geotechnicial report is referenced on note 26 of sheet 1 of 4 of
the Bayview Country Estates Alteration.
Single family residential1and uses are on the west, north and south of the subject
site. Townhouse residences are to the east of the subject site. The rear of the
subject site contains a ravine and steep slopes. A BSBL and a NOPE associated
with the lots is depicted on the topographic survey.
8.
Public vehicular access to the subject site is provided by 37th Place Southwest.
9.
The Federal Way Community Devclopment Review Committee has recommended
approval of the plat alteration.
CONCLUSIONS:
Based upon the above findings, staff makes the following conclusions:
1.
The proposed plat alteration is consistent with decisional criteria and meets all
requirements of Section 58.17.215 of the Revised Code of Washington.
2.
Confonnance with all applicable devclopment codes and regulations will insure that
the public health, safety and welfare are protected.
RECOMMENDATIONS - PLAT ALTERATION HSUB97-OOO3
Based upon review of this application, the pertinent decisional criteria, the findings of fact
and conclusion herein, the Department of Community Development Services recommends
approval of the proposed plat alteration which allows lots 5 through 10 of the plat of
Bayview Country Estates to contain detached single family structures as proposed by the
applicant.
Application Request
RCW 58.17.215
Reduced Plat Map Bayview Country Estates
Vicinity Map
Reduced Plat Alteration Map Bayviow Country Estates
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58.17.205
for vacation of the subdivision after determining the> public
use and inlerest to be served by the vacation of the subdivi",
sion. 1f any portion of the land conwned in the subdivision
was dedicated 10 the public for public use or benefit, 'such
land, if not deeded 10 thc cily, lown; or county, 'shall be
deeded to the city; lown, or county unless the legislative>
authority shall set forth findings that the public use wol\ld
nol be served in retaining title to those lands. ' ,
Title 10 the vacated property shall vest with the rightful'
own~ as shown in the county records. If the vacatc>ð bind
is land that was dedicated 10 the public, for public use other
than a road or street, and the legislative authority has tþund
thai retaining title to the land is not in the public interest,
title theccto shall vest with the person or persons owning the
property on each sidc thereof, as dctcnnined Ify the Icgisla~'
tive> authority. When the road or street that is to be vacatc:d
was contained wholly within the subdivision and is part of
the boundary of the subdivision, title to the vacatc:d road or
street shall vest with the oWner or owncrs of property con-
tained within the vacated subdivision. '
This SC>Ction shall not be construed as applying to thc
vacation of any plat of state-granted tide or shore lands.
[1987 c 354 § 3.]
'Revlser's nole: After'amendmen! by 1987 c 228 § t, RCW
35.79.030 no longer prohibi!od vacations of streets. Umitations on
vacations of streets abutting bodies of water arc now found in RCW
35.79.035.
* 58.17.215 Alteration of subdivision-Procedure.
When any person is interested in the alteratipn of any
subdivision or the altering of any portion thereof, cxœpt as
provided in RCW 58.17.040(6), that person shall submit an
application 10 request the alteration 10 the legis\alive authori~
ty of ihe city, town, or county where the subdivision is
located. The application shall contain thc signatures of the
majority of those pe>rsons having an ownersrup interest. of
lots, tracts, parcels, sites, or divisions in the subject subdivi-
sion or portion to be altered. 1f the subdivision is subject to .
restrictive covcnants which were filed at thc time of the
approval of the subdivision, and the application for alteration
would result in the violation of a covenant, the application
shall contain an agrèe>ment signed by all parties subject to
the covcnants providing that the parties agree 10 terminate or
alter the relevant covenants to accomplish the purpose of the>
alteration of the subdivision or portion thereof.
Upon receipt of an application for alteration, thc
legislative body shall provide notice of the application 10 all
owners of property within the subdivision, and as provided
for in RCW 58.17.080 and 58.17.090. The notice shall
either establish a date for a public hearing or provide that a
hearing may be requested by a person receiving notice
witlún fourteen days of receipt of the notice.
The legislative body shall determine the public use and
interest in the proposed alteration and may deny or approve
the application for alteration. If any land within the aIter-
alion is part of an assessment district, any outstanding
assessments shall be equitably divided and levied against the
remaining lots. parcels. or !facts. or be levied equitably on
!he lots resulting from the al!eration. If any land within the
alteration contains a dedication to the general use of pe>rsons
residing witlún the subdivision, such land may be altered and
divided equitably between the adjacent properties.
'1
Tide 58 RCW: Boundaries and Plats
to sellers shall be permitted until the final plat is recorded.
(1981 c 293 § 12.]
Severabmty-t981 c 293: See note following RCW 58.17.0tO.
58.17.210 Building, septic lank or other develop-
ment permits not to be issued for land divided In viola-
tion of chapter or regulations-Exceptions-Damages-:-
Rescission by purchaser. No building permit, septic tank
permit, or other development pCnnit, shall be issued for any
lot, tract, or parcc:1 of land divided in violation of this chap-
ter or locàI regulations adopted pursuanl therelo unless the>
authority authoriZed 10 issue such pc:nnit finds that the public
intCrest,WilI not be adversely affected thereby. The prolûbi-
tion contained in this section shall nol apply 10 an innocc:nt
puæhaser for valUe> without actual notice. AU purchasers' or
transferCcs', property shall comply with provisions of this
chapter and e>ach purchaser or transfe>fCC> may rccove>r lûs
damages from any pe>rson, finn, cotpOration, or agent selling
or transferring land in violation of this chaptcr or local
regulations adopted pursuant thereto, including any amount
reasonably spent as a result of inability to obtain any
development permit and spent to conform to the require-
ments of this chapter as well as cost of investigation, suit,
and reasonable attorneys' fees occasioned thereby. Such
puæhaser or transfe~ may as an alternative to conforming
his property to these requirements, rescind the sale or
transfer and recover costs of investigation, suit, and reason-
able attorneys' fees occasioned thereby. [1974 ex.s. c 134
§ 10;1969 ex.s. c 271 § 21.]
58.17.212 Vacation of subdivision-Procedure.
Whenever any pe>rson is interested in the vacation of any
subdivision or portion thereof. or any area designated or
dedicated for public use. that ,person shall file an application
for vacation with the Ie>gislative> authority of the city, town,
òr county in wruch the subdivision is located. The applica-
tion shall set forth the reasons for vacation and shall contain
signatures of all parties having an ownersrup interest in that
portion of tbe subdivision subject to vacation. If the>
subdivision is subject 10 restrictive covenants wlûch were
filed at the time of ttie approval of the subdivision, and the>
application for vacation would result in the violation of a
covenant, the application shall contain an agreemenl signed
by all partie>s subject to the covenanlS providing that the
parties agree to terminate or alter the relevant covenants to
accomplish the purpose of the'vacation of the subdivision or
portion thereof.
When the vacation applicalion is specifically for a
county road or city or town street, the procedures for road
vacation or street vacation in chapter 36.87'or 35.79 RCW
shall be utilized for the road or S!feet vacation. When the
application is for the vacation of the plat logether with the
roads andlor streets, thc procedure for vacation in this
section shall be used, but vacations of streets may not be
made that are prohibited under *RCW 35.79.030, and
vacations of roads may not be made that are prohibited
under RCW 36.87.130,
The legislat¡vG authority or. the city, town, or county
shall give notice as provided in RCW 58.17.080 and
58.17,.090 and shall conduct a pub!i . ng ~ tJa ~pÄ':a-
tion for a .~aeX'flftBfr YCH""'M'n
[TltI.S8RCWPÄ~E-L_OF -L-
(1994 Ed.)
Pia is-s u bd i v isi 0 ns-Dedica tio ns
, After approval of the alteration. the legislativc body
shall order the applicant to produce a reviSed drawing of the>
approved alteration of the final plat or short plat, which after
sIgnature of the legislative authority. shalt' be filed with the
county ~udito~ to become the lawful plat of the ,,",party.
ThIs sectIon shall not be construed as applying to the
alteration or replatting of any plat of state-granted tide or
shore lands. [1987 c 354 § 4.]
r
58.17.217 Alteration or vacation of subdivislon-
Conduct oC hearing. Any hearing required by RCW
58.17.212, 58.17.215, or 58.17.060 may be administered by
a hearings examiner as provided in RCW 58.17330. [1987
c 354 § 7.]
.58.~7.218 Alteration !If subdivision-Easements by
dedIcation. The alteration of a subdivision is subject to
RCW 64.04.175. [1991 c 132 § 2.]
58.17.220 Violation oC court order or injunction-
Penalty. Any person who violates any court order or
injunction issued pursuant to this chaptcr shall be subject to
a fine of not more than five thousand dollars or impñson-
ment Cor not more than ninety days or both. [1969 ex.s. c
271 § 22.]
58.17.230 Assurance'of discontinuance of !liolations.
In the enforcement of this chapter. the prosecuting attorney
may accept an assurance of discontinuance of any act or
practice deemed in violation of this chapter from any person
engaging in, or who has engaged in such act or practice.
Any such assurance shall be in wñting and be filed with and
subject to the approval of the supeñor court of the county in
which the alleged violation occurs. A violation of such
assurance shall constitute pñma facic proof of a violation of
this chapter. [1969 cu. c 271 § 23.)
58.1?~0 Permanent control monuments. Except
for subdIvIsIons excluded under the provisions of RCW
58.17.040, as now or hereafter amended, pennanent control
monuments shall be established at each and every controlling
,,?rner on the boundañes of the parcel of land being subdi-
vIded. The local authoñty shall detennine the number and
location of permanent control monuments within the plat, if
any. [1974 ex.s. c 134 § 1\; 1969 ex.s. c 271 § 24.]
58.17.250 Survey of subdivision and preparation oC
~Iat. The survey of the proposed subdivision and prepara-
tion of the plat shall be made by or under the supervision of
~ ,:"gistcred land surveyor who shall certify on the plat that
It IS a true and correct representation of the lands actually
surveyed. [1969 ex.S. c 271 § 26.
'58J,7.255 Survey discrepancy-Disclosure. When-
ever a survey of a proposed subdivision or short subdivision
reveals a discrepancy, the discrepancy shall be noted on the
face of the final plat or short plot. Any discrepancy shall be
disclosed in a title report prepared by a title insurer and
issued after the filing of the final plat or short pial. As used
., in this soction, "discrepancy" means: (I) A boundaty hiatus;
(1994 Ed.)
"""'"'""'"""'~""""""""""~""'"=
58.17;2]
(2) .an ~v~apping boundaty; ~r (3) a physical appurtchano
whIch IndIcates encroachment, lines of possession c
conflict of title. [1987 c 354 § 6.] .
58.17.260 'Joint commiUee-Members-Recobl
mendations Cor 'surveys, monumentation and plat dra"
lngs. In,ordec!bat thcæ be 'ade>grec of unifomùty of suive
monllDlClttation throughout the. cities, towns and counties,ó
the s~c of Washington. .there is hereby crcated.ajoin
comauttee composed oC SIX members to be appointed, a:
follows: 'f!te> Washington state'association,of counties sbaI
appoint two county road engineers: the association 01
Washington cities shall appoint two city engineers; the lane
surve>yors association of Washington shall appoint one
member; and the consulting engineers association of Wash-
ington sbaII appoint one member. The joint committee,\¡
dircc:te>d to cooperate with the department of natural resOurc-
es to establish recommendations pcrtsining'to requirements
of SlDVcy. monumcutation and plat drawings fof'Subdivisions
and dedications throughout the state of Washington. The
departmcut of natural resources shall publish such recom-
mendation. [1971 CJt.S. c 85 § 9; 1969 ex.s. c 271 § 27.]
58.17.275 Proposals to adopt, amend, or, repeal
local ordinances-Advance notice. All cities, towns, and
counties shall establish proèedures to provide reasonable
advance notice of proposals to adopt, amend, or rcpcai local
ordinances adopted in ,accordance with this chapter. These
procedW'es shall include but not be linùted to advance notice
to individuals or organizations which have submitted,
requests for notice. Reasonable fees may be charged to
defray the costs of providing notice. [1981 c 293 § 13~]
s..e"'blllty-1981 c 293: See note following RCW 58.17.010.
,58.17.280 Naming and numbering of short subdivi.
sions, subdivisions. streets, lots and blocks. Any city,
town or county shall. by ordinance, regulate the procedure
whereby short subdivisions, subdivisions, streets, lots and
blocks are named and numbered. A lot numbcñng system
and a house address system; however, shall be provided by
the municipality for short subdivisions and subdivisions and
must be clearly shown On tile short plat or final plat at the
time of approval. [1993 c 486 § I; 1969 cu. c 271 § 29.]
58.17.290 Copy of plat as evidence. A copy of any
plat recorded in the manner provided in this chapter and
certified by the county auditor of the county in whic~ 'the.\'
same is recorded to be a true copy of such record and the
whole thereof, shall be received in evidence in all the courts
of this state, with like effect as the original. [196ge,x.s. c
271 § 31.]
58.17.300 Violalions-Penalties. Any pcrson, finn,
colpOration, or association or any agent of any person, finn,
colpOration, or association who violates any provision of this
chapter or any local regulations adopted pursuant thereto
relating to the sale, offer for sale, lease, transfer of any
lot, ~~)~Sh uil a ross misde-
ffi""'Ei:W rfor r er of each
separate lot, trac . o~ar.. " of any
PAGE~OF ~.g'151
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BAYVIEW COUNTRY ESTATES 140/16
A POR, OF GOVT, LOT 1 IN THE E,1/2 OF SEC. 11. TWP, 21 N, RGE, 3 E, W,M,
KING COUNTY, WASHINGTON
DEDICATION
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KING COUNTY, WASHINGTDN
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POR. OF
BAYVIEW COUNTRY ESTATES
GOVT. LOT 1 IN THE E.1/2. SEC. 11, T. 21 N.. R.
KING COUNTY, WASHINGTON
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EXHIBIT ~ of A
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BAYVIEW COUNTRY ESTATES
POR. OF GOVT. LOT 1 IN THE E.1/2. SEC. 11. T. 21 N.. R. 3E. W.M.
KING COUNTY. WASHINGTON
HO/H
NOTES
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MAXIMUM BUILDING ENVELOPES
FOR LOTS 5 THRU 16
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EXHIBIT ~
PAGE_~~..OF.-L
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Bayview Country Estates Plat Alteration
Vicinity Map
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- Subject Site
D Parcels
Federal Way
CityMap
EXHIBIT 1) '* A
PAGE~OF -!-.sCALE 1:2136
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CITY OF FEDERAL WAY, KING COUNiY. WASHINGTON
CITY OF FEDERAL WAY FILE NO. SUf97-0003
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BA YVIEW COUNTRY EST A TES ALTERATION
OF GOVERNMENT LOT ,. IN THE EAST 1/2 OF SECTION 1 " 1WP. 21 N., RGE.
CITY OF FEDERAl.. WAY, KINO COUNTY. WASHINGTON
coalL '.' I.Øf:NO art OF ÆOERAL WAY FII.£ NO. SU8!17-000S
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BA YVIEW COUNTRY EST A TES ALTERATION
'. .
A POR'110N OF' GOVERNMENT LOT 1 IN '!liE £AS'". 1/2 OF' SECßON 11, 1WP. 21 N., RGE. ;5 E., W.~
CITY OF' F'EOERAL WAY. <ING COUNTY. WASHINGTON
CITY OF FEDERAL YAY FILE NO. SU891'OOO3
D.
NOTES
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EXHIBIT
PAGE tl
Ë.fA
()J:' u
""---"'.-"--.'W
RESOLUTION NO. ill ill [ß ~ IT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE PLAT
ALTERATION APPLICATION FOR ßAYVIEW COUNTRY ESTATES,
LOTS 5 THROUGH 10, FEDERAL WAY FILE NO. SUB 97-
0003.
WHEREAs, the applicant, HP and SSW Associates, applied to
the City of Federal Way for plat alteration of plat of Bayview
Country Estates to change lots 5 through 11 from six townhouse lots
into two single family lots ("Application"); and
58.17,215, the Application requires legislative approval; and
WHEREAs, pursuant to Revised Code of Washington ("RCW")
WHEREAs,
the RCW
contains
certain criteria
for the
consideration of a Plat alteration application; and
WHEREAS,
all
public
notice
having
duly been
given
pursuant to RCW 58.17.215; and
WHEREAs,
this matter having been considered by the
Federal Way City Council Land Use/rransportation Committee (LUTC)
at its meeting on August 3, 1998, for the purpose of issuing its
recommendation for
approval of the Application to the full City
Council; and
~"
the governmental body now having jurisdiction and authority to pass
WHEREAs, the City Council of the City of Federal Way is
upon the approval, denial or modification of the conditions of said
Application pursuant to RCW 58.17.215; and
Res. #-----' Page 1
EXHIBIT
PAGE_- t- --
B
OF 3
-""'--'--'-"""""""'-""""'="'""'~,",';lli""'"
WHEREAS, the City Council having considered the written
record and the Recommendations of the Land Use and Transportation
Committee, pursuant to RCW 58.17-215 and all applicable City codes;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section 1.
Findinas of Fact. Conditions and Conclusions.
The Findings, Conclusions, Conditions and Recommendations of
the Staff Report to the City Council prepared on July 7,
1998,
recommending
approval
of
the
Bayview
Country
Estates
plat
alteration
for
lots
5
through
10,
are hereby adopted as
the
Findings, Conclusions and Conditions of the City Council.
Section 2.
ADDlication aDproval.
Based
upon
the
Findings, Conclusions, and Recommendations of the Staff Report to
the City Council, as adopted by reference by the City Council set
forth herein, the plat alteration application for lots 5 thorough
10 of the plat of Bayview Country Estates, Federal Way File No.
SUB97-0003, is hereby approved.
Section
3.
Severability.
If any section,
sentence,
clause or phrase of this resolution should be held to be invalid or
~.
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
Res. #-----' Page 2
EXHIBIT B>
PAGE_~__OF~
-,--~.".,,-==
Section 4.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
Section 5.
Effecti VP. Date.
This resolution shall be
effective immediately upon passage by the Federal Way City ~ouncil.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ------ day of
, 19-
CITY OF FEDERAL WAY
MAYOR, RONALD GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K'\RESO\FORM, 11\20\97
Rev. 12/23/96
Res. #-----' Page 3
EXHIBIT ~
PAGE~OF -3-
MEETING DATE: August 11, 1998
ITEM#
~U-)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
S UBJE CT:... .P.~I:Il~~~ ~~11. ßI:I1. ??I. ~ ~?P.~ ~ ~ ~~ ~r.~~ .~?!?t~...
CATEGORY:
BUDGET IMPACT:
_x_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: August 3, 1998 Memorandum to the Land Use/Transportation Committee - "Decatur
.....~..ï~I1...~<:I1.?C>.I..~~C>.p'~~~ ~~tr.~.~..~r.()~r.Il':ll:~:...
SUMMARY /BACKGROUND:
A 1994-99 cooperative agreement between the US Fish and Wildlife Service (USFWS) and the City of
Federal Way (AG 94-212) provided for 50:50 share on approved projects which benefit local fisheries and
habitat. Decatur High School through the Federal Way School District has requested funding support from
this cooperative agreement to develop an Adopt-A-Stream program for Lakota Creek. USFWS has approved
the project for funding under the existing cooperative agreement.
The Adopt-a-Stream Foundation will provide "Streamkeeper's Training" and K-12 educator's curriculum
materials for this program. The Foundation materials are locally developed and have been used successfully
across the nation. This complete program starts with training in the essential principles of watershed studies
and action plan development, as well as extensive classroom and field-based K-12 water quality curricula in
disciplines such as science, math, art, communications, and social studies.
A proposed "Services Agreement" prepared by the City for execution by the School District is attached for
your consideration. The attachments to the Agreement detail the Adopt-a-Stream program as described
above and lays out the project budget expectations (the proposed budget is also detailed in the memorandum
attached).
Execution of the proposed Services Agreement will obligate the City to 100 hours of staff participation
(Water Quality Coordinator) and $2,515.00 in cash contributions - which will come from the Water Quality
portion of SWM's Annual Programs Fund. Staff seeks Council's authorization to enter into the proposed
...~t:.r.v.il:t:.~..1\..g~t:.t:.fI1.~IJ,t.~i.tl1..tl1.t:.~I:.~~~I..~i.s.tr.AI:~'".
.......00...00.00..........00
.........0000.00.0000.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 3, 1998 meeting the Land
Use/Transportation Committee recommended placement of the Decatur High School Adopt-A-Stream
Program on the August 11, 1998 City Council Consent Agenda for approval with the following provisions:
1.
Acceptance of the USFWS grant in the amount of $8,715.00
2.
Authorization of the City Manager's execution of a Services Agreement, in the amount of
$11 ,230.00, with the Federal Way School District to reimburse the District for specified
expenditures to implement the Adopt-A-Stream program.
0000000000000000""000000000000"'0000"'000000000000000000""0000000000'00"""'000000'00'00'00"'0000hhh...........hhhhh"ilë¡'
CITY MANAGER RECOMMENDATION: fft+<c-.x ~'1-:' .
.~~:;;.:~.~.t~:':;:;""'hh
hhhh¡ft¡...dhk~«q¿)hhh'
h'~;~~ ~ ~;~~. ~.~ ~~~ ~ ~ ~. ~~h~~; ~~ ~. ~~ ~~;;h' 000000 h ~"'h'
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_DENIED
_TABLEDIDEFERRED/NO ACTION
K: IcaUN CILIA GD BILLSI 199 8IDHSAAS. CC
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
t
DATE:
August 3, 1998
TO:
Phil Watkins, Chair
Land UselTransportation Committee U ,
Jeff Pratt, Surface Water Division Manager~. #
David Renstrom, Water Quality Program Coordinamr'l' U
FROM:
SUBJECT: Decatur High School Adopt-A-Stream Program
BACKGROUND:
A 1994-99 cooperativc agreement between the U.S. Fish and Wildlife Service (USFWS) and the City of
Federal Way (AG 94-212) provide>d for 50:50 share on approved projects which bcnefit surface water
fisheries and habitat Decatur High School through the FedcraI Way School District has rcqucsted funding
support ¡¡-om this coopcrative agrecmcnt to develop an Adopt-A-Stream program for Lakota Creek.
USFWS has approved the project for funding undcr the existing cooperative agreemcnt.
The Adopt-a-Stream Foundation will providc "Streamkeeper's Training" and K-12 educator's curriculum
materials for this program. The Foundation materials are locally developed and have been used
successfully across thc nation. This complete program starts with training in the essential principles of
watershed studies and action plan development, as well as extensive classroom and field-based K-12 water
quality curricula in disciplines such as science, math, art, communications, and social studies.
The project budget is $ 17,430 and is detailed in the following table:
Item Quantity Cost
Adopt-a-Stream Workshop (20 trainees) 16 hours $ 5,000
Teacher release time for curriculum 20 teacher days @ $1 OO/day 2,000
development
Mileage 2,000 milcs @ $.315/mile 630
Equipment and Supplies
Field test kits, refills, compasscs,
clinometers, GPS, rangcfinder, level rod, Ritc-
in-the-rain ficld books, bcnthic invertcbrate
sampling e>quipment, othcrs. 3,600
In kind contributions (volunteer hours) 320 hours @ $ 8/hr 2,560
City staff (Dave Renstrom) projcct 100 hours @ 36.401hr 3,640
management
Total $ 17,430
The first four table items total $11,230 and are cash expenditures by the District for services, equipment
and supplies, curriculum development, and miscellaneous expenses. .
Of the total budget, 50% or $8,715 will be reimbursed by USFWS. The 50% City/District match will be
comprised of $2,560 in volunteer time credit, $3,640 in City staff time credit, and $2,515 in cash. The
required $2,515 cash portion, which completes the match, will be paid from the Water Quality portion of
the Surface Water Management Annual Programs Fund.
A proposed "Services Agreement" prepared by the City for execution by the School District is attached for
your consideration. The attachments to the Agreement detail the Adopt-a-Stream program as described
above and lays out the project budget expectations. Staff seeks Council's authorization to enter into the
proposed Services Agreement with the school district.
RECOMMENDATION:
Place the following item on the August II, 1998 Council Consent Agenda for approval:
1.
Acceptance of the USFWS grant in the amount of $8,715.00
2.
Authorize the City Manager to execute a Services Agreement for $11,230 with the Federal Way
School District to reimburse the District for specified expenditures to implement the Adopt-A-
Stream program.
K: \SWM\ WQ\PIE\DHSLUTC. WPD
-,
- ---------------- -----
SERVICES AGREEMENT
FOR DECATUR HIGH SCHOOL ADOPT A STREAM
PROGRAM FOR LAKOTA CREEK
DRAFT
This Services Agreement ("Agreement") is dated effective this
1st day of August, 1998. The parties ("Parties") to this Agreement
are the City of Federal Way, a Washington municipal corporation
("City"), and the Federal Way School District No. 210 ("District").
A. The City seeks the temporary professional sßrvices of a
skilled independent contractor capable of working without direct
supervision, in the capacity of performing stream habitat
educational and stewardship act~vities for Lakota Creek situated in
City of Federal Way; and
B. The District has the requisite skill and experience
necessary to provide such services.
NOW, THEREFORE, the Parties agree as follows:
1.
Services.
-
District shall provide the services more specifically
described in Exhibit "A", attached hereto and incorporated by this
reference ("Services"), in a ma=er consistent with the accepted
practices for other similar services, performed to the City's
satisfaction, within the time period prescribed by the City and
pursuant to the direction of the City Manager or his or her
designee. -
2.
IeDn.
The term of this Agreement shall commence upon the effective
date of this Agreement and shall continue-until the completion of
the Services, but in any event no later than July 30, 1999
("Term") . - This Agreement may be extended for additional periods of
time upon the mutual written agreement of the City and the
District.
. '
'""" z,c
3.
Termination.
Prior to the expiration of the Term, this Agreement may be
terminated immediately, with or without cause by the City- The
P,1,'S-
2; .,/s-
----,¡-~ .3 0
"
,'--------"',,""'__n___.
. ---------
District may cancel this Agreement only upon thirty (30) days prior
written notice to the City.
4.
CompenRation.
4 . 1 Tota1 CompenRation. In consideration of the
District performing the Services, the City agrees to pay the
District an amount not to exceed Eleven Thousand Two Hundred
Thirty and no/100 Dollars ($11,230.00) calculated on the basis
of the itemized project Budget set forth in Exhibit "B"
attached hereto and incorporated herein by this reference.
4.2 Method of Payment. Payment by the City for the
Services will only be made after the Services have been
performed, a voucher or invoice is submitted in the form
specified by the City, which invoice shall specifically
describe the Services performed, the names of District 1 s
personnel performing such Services, the hourly labor charge
rate for such personnel, cost of any equipment and supplies
documented by copies of invoices, and the same is approved by
the appropriate City representative. Payment shall pe made
thirty (30) days after receipt of such voucher(s) or
invoice(s) .
"
4.3 DiRtrict Responsible for TaxeR. The District shall
be solely responsible for the payment of any taxes imposed by
any lawful jurisdiction as a result of the performance and
payment of this Agreement.
5.
Compliance with Laws.
District shall comply with and perform the Services in
accordance with all applicable federal, state, and City laws
including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter
adopted or amended.
~;..n-'.
6.
Warranty.
The District warrants that it has the requisite training,
skill and experience necessary to provide the Services and is
appropriately accredited and licensed by all applicable agencies
and governmental entities.
- 2 -
7.
Ind~pendent Contractor/Conflict of Interest.
It is th~ int~ntion and und~rstanding of th~ Parti~s that th~
District shall be an independent contractor and that the City shall
b~ neith~r liable nor obligat~d to pay District sick l~ave,
vacation payor any other benefit of employment, nor to pay any
social s~curity or other tax which may arise as an incident of
employment. The District shall pay all income and other taxes as
due. Industrial or any other insurance which is. purchased~for the
benefit of the City, regardless of whether such may provide a
secondary or incidental benefit to the District, shall not be
deemed to convert this Agreement to an employment contract. It is
recognized that District mayor will be performing services during
the Term for other parties; provided, however, that such
performance of other services shall not conflict with or interfere
with District's ability to perform the Services. District agrees
to resolve any such conflicts of interest in favor of the City.
8.
Indemnification.
-.
8.1 District Indemnification. The District 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 Agreement to the extent caused by
the negligent acts, errors or omissions of the District, its
partners, shareholders, agents, employees, or by the
District's breach of this Agreement. District waives any
immunity that may be granted to it under the Washington State
Industr~al Insurance Act, Title 51 RCW. District's
indemnification shall not be limited in any way by any
limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation
acts, disability benefit acts or any other benefits acts or
programs.
~,.~-"'"
8.2 City Indemnification. The City agrees to indemnify
and hold the District, its elected officials, officers,
émployees, agents, and volunteers, harmless from any and all
- 3 -
"
claims, demands, losses, actions and liabilities (including
costs and 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 Agreement to the extent solely
caused by the negligent acts, errors, or omissions of the
City, its employees or agents.
,
8.3 Survival. The provisions of this Section shall
survive the expiration or termination of ~his Agreement with
respect to any event occurring prior to such expiration or
termination.
9.
Equal Opportunity Employer.
In all District services, programs or activities, and all
District hiring and employment made possible by or resulting from
this Agreement, there shall be no discrimination by District or by
District's employees, agents, subcontractors or representatives
against any person because of sex, age (except minimum age and
retirement provisions), race,. color, creed, national .origin,
marital status or the presence of any disability, including
sensory, mental or physical handicaps, unless based upon a bona
fide occupational qualification in relationship to hiring and
employment. This requirement shall apply, but not be limited to
the following: employment, advertising, layoff or termination,
rates of payor other forms of compensation, and selection for
training, including apprenticeship. District shall not violate any
of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights
Act of 1964, the Americans With Disabilities Act, Section 504 of
the Rehabilitation Act of 1973 or any other applicable federal,
state or local law or regulation regarding non-discrimination. Any
material violation of this provision shall be grounds for
termination of this Agreement by the City and, in the case of the
District's breach, may result in ineligibility for further City
agreements.
-:, ~\
10.
Confidentiality.
All information regarding the City obtained by District in
performance of this Agreement shall be considered confidential.
Breach of confidentiality by District will be grounds for immediate
termination.
- 4 -
.'
--
11.
Insurance.
The District agrees to carry as a 'minimum, the following
insurance, in such forms and with such carriers who have a rating
which is satisfactory to the City:
11.1 Workers' compensation and employer's liability
insurance in amounts sufficient pursuant to the laws of the
State of Washington;
11.2 Commercial general liability insurance with
combined single limits of liability not less than $1,000,000
for bodily injury, including personal injury or death,
products liability and property damage.
11.3 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.
The City shall be named as additional insured on all such
insurance policies, with the exception of workers' compensation
coverages. District shall provide certificates of insurance,
concurrent with the execution of this Agreement, evidencing such
coverage and, at City's request, furnish the City with copies of
all insurance policies and with evidence of payment of premiums or
fees of such policies. All insurance policies shall contain a
clause of endorsement providing that they may not be terminated or
materially amended during the Term of this Agreement, except after
thirty (30) days prior written notice to the City. If District's
insurance policies are "claims made" or "claims paid", District
shall be required to maintain tail coverage for a minimum period of
three (3) years from the date this Agreement is actually
terminated. District's failure to maintain such insurance policies
shall be grounds for the City's immediate termination of this
Agreement.
...~.é";..
The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring
prior to such expiration or termination.
- 5 -
12.
Books and Records.
\
The District agrees to maintain books,' records, and documents
which sufficiently and properly reflect all direct and indirect
costs related to the performance of the Services and maintain such
accounting procedures and practices as may be deemed necessary by
the City to assure proper accounting of all funds paid pursuant to
this Agreement. These records shall be subject, at all reasonable
times, to inspection, review or audit by the City, its authorized
representative, the State Auditor, or other governmental officials
authorized by law to monitor this Agreement.
13.
Non-Appropriation of Funds.
If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City
will not be obligated to make payments for Services or amounts
incurred after the end of the current fiscal period, and this
Agreement will terminate upon the completion of all remaining
Services for which funds are allocated. No penalty or expense
shall accrue to the City in the event this provision applies.
.'
14.
General Provisions.
..
14.1 Entire Agreement. This Agreement contains all of
the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements
shall be effective for any purpose.
14.2 Modification. No provision of this Agreement may
be amended or modified except by written agreement signed by
the Parties.
14.3 Full Force and Effect. Any provision of this
Agreement which is declared invalid or illegal shall in no way
affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
. '
.. .:",
14.4 Assignment. Neither the District nor the City
shall 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 other Party.
- 6 -
14.5 Successors in Interest. Subject to the foregoing
Subsection, the rights and obligations of the Parties shall
inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
14.6 Attorney Fees. In the event either of the Parties
defaults on the performance of any terms of this Agreement or
either Party places the enforcement of this Agreement in the
hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys' fees, costs and expenses. Tpe venue
for any dispute related to this Agreement shall be King
County, Washington.
14.7 No Waiver. Failure or delay of the City to declare
any breach or default immediately upon occurrence shall not
waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's
right to declare another breach or default.
14.8 Governing Law. This Agreement shall be made in and
shall be governed by and interpreted in accordance with the
laws of the State of Washington.
"
14.9 Authority. Each individual executing this
Agreement on behalf of the City and District represents and
warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the District or the
City.
14.10 Notices. Any notices required to be given by the
Parties shall be delivered at the addresses set forth below.
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 below. Any notice
so posted in the United States mail shall be deemed received
three (3) days after the date of mailing.
. '
~,-"".'.'.
14.11 Captions. The respective captions of the Sections
of this Agreement are inserted for convenience of reference
only and shall not be deemed to modify or otherwise affect any
of the provisions of this Agreement.
- 7 -
14.12 Performance. Time is of the essence of this
Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the
District's performance of this Agreement.
14.13 Remedies öl~llative. Any remedies provided for
under the terms of this Agreement are not intended to be
exclusive, but 'shall be cumulative with all other remedies
available to the City at law, in equity or,by statuté.
14.14 Collnte:r:partR. This Agreement may be executed in
any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
14.15
the City's
a result
Agreement,
the City's
Compliance with Ethics Code. If a violation of
Ethics Resolution No. 91-54, as amended, occurs as
of the formation and/or performance of this
this Agreement may be rendered null and void, at
option.
'0
. . .
14.16 Equal Opportunity to Draft:. The parties have
participated and had an equal opportunity to participate in
the drafting of this Agreement, and the Exhibits, if any,
attached. No ambiguity shall be construed against any party
upon a claim that that party drafted the ambiguous language.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
Kenneth E. Nyberg, City Manager
33530 1st Way South
Federal Way, WA 98003
- 8 -
"..
-,-,:.~",,""
ATTEST:
City Clerk, N. Christine Green, CMC
ý
FEDERAL WAY SCHOOL DISTRICT NO. 210
By:
Thomas J. Vander Ark
Its Superintendent
.'
APPROVED AS TO FORM:
31405 18th Ave. S.
Federal Way, WA 98003
'-
(253)
Attorney for District
(Phone)
K: \PSA\fwsdlako.cr
7-22- 98
""""."-:; .
- 9 -
Exhibit "A"
Scope of Services
Decatur High School Adopt-A-Stream Program for Lakota Creek
The Federal Way School District will provide training by the Adopt-a-Stream Foundation as
follows: . /
Adopt-A-Stream Workshop
A three-hour evening presentation, free and open to the public, for folks interested in
protecting, monitoring and restoring streams in their watershed. Announcements and
news releases will advertise the presentation in advance.
Streamkeepers Teacher Workshop
All Federal Way school teachers will be invited, though space is limited to appròximately
20 teachers. This half-day workshop will introduce teachers to a variety of stream and
wetland cumcula and activities for classroom and out-of-doors instruction.
Streamkeepers Field Training
Up to 20 participants will spend 8 hours in field training, including;
. mapping a stream reach,
. monitoring physical, chemical and biological stream factors, and
. evaluating water quality and overall stream health.
Using this training, an interdisciplinary group of teachers at Decatur RS. will incorporate
stream activities into the classroom and as a vehicle for developing positive school and
community interactions. Funding will be used for curriculum development, purchase of stream
monitoring equipment and supplies, and mileage.
This agreement will be in effect from August 1, 1998 until the end of the school year in June,
1999 or no later than July 30, 1999.
Requests for reimbursement of allowable expenditures, with appropriate documentation will be
presented to the City of Federal Way project manager no later than June 30, 1999. Volunteer
contributions of time will be documented with sign-in sheets or other appropriate documentation
provided to the project manager.
,
'-, .-"'.
Exhibit "B"
Compensation
Decatur High School Adopt-A-Stream Program
for Lakota Creek
Item description
Streamkeeper Field Training Workshops
Provided by the Adopt-A-Stream Foundation, including:
I. Free Public Adopt-a-Stream Workshop
2. Streamkeepers Teacher Workshop
3. Streamkeepers Field Training
Teacher release time for CUlTiculum development
20 teacher days @ $IOO/day
equipment and supplies, including:
field test kits, refills, compasses, clinometers, GPS, rangefmder, level
rod, field notebooks, benthic invertebrate sampling devices, sediment
samplers, etc. as approved by the project manager.
mileage, (2000 miles @ $ .315/mile)
~
$ $000.00
$ 2000.00
$ 3600.00
$ 630.00
Grand total
$ 11,230.00
~;~~"
~),..
~
"Attachment A"
Scope of Services
Decatur High School Adopt-A-Stream Program
The Federal Way School District will provide training by the Adopt-a-Stream Foundation as
follows:
Adopt-A-Stream Workshop
A three-hour evening presentation, fÌ'ee and open to the public, for folks interested in
protecting, monitoring and restoring streams in their watershed. Announcements and
news releases will advertise the presentation in advance.
Streamkeepers Teacher Workshop
All Federal Way school teachers will be invited, though space is Iinùted to approximately
20 teachers. Tills half-day workshop will introduce teachers to a variety of stream and
wetland curricula and activities for classroom and out-of-doors instruction.
Streamkeepers Field Training
Up to 20 participants will spend 8 hours in field training, including;
. mapping a stream reach,
. monitoring physical, chemical and biological stream factors, and
. evaluating water quality and overall stream health.
Using tills training, an interdisciplinary group of teachers at Decatur H.S. will incorporate stream
activities into the classroom and as a veillcle for developing positive school and community
interactions. Funding will be used for curriculum development, purchase of stream monitoring
equipment and supplies, and mileage.
Tills agreement will be in effect fÌ'om August, 1998 until the end of the school year in June, 1999.
Requests for reimbursement of allowable expenditures, with appropriate documentation will be
presented to the City of Federal Way project manager no later than June 30, 1999. Volunteer
contributions oftime will be documented with sign-in sheets or other appropriate documentation
provided to the project manager.
"Attachment B"
Compensation
Decatur High School Adopt-A-Stream Program
Item description
Streamkeeper Field Training Workshops
Provided by the Adopt-A-Stream Foundation, including:
1. Free Public Adopt-a-Stream Workshop
2. Streamkeepers Teacher Workshop
3. Streamkeepers Field Training
Teacher release time for curriculum development
20 teacher days @ SIOO/day
equipment and supplies, including:
field test kits, refills, compasses, clinometers, GPS, rangefinder, level
rod, field notebooks, bent1ùc invertebrate sampling devices, sediment
samplers, etc. as approved by the project manager.
mileage, (2000 miles @ S .315/mile)
!&s1
S 5000.00
S 2000.00
S 3600.00
$ 630.00
GTand total
$ 11,230.00
. -'"
MEETING DATE: August 11, 1998
ITEM# ~(~ ")
-
....................................... """"""""""""""""""""""
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT:
GRANT PROPOSAL FOR MIDDAY V ANPOOL SERVICES
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
FYI
........................
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
...=()THE.~..
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
... ~!! ~.<::.II.MEl'ì.!..~.:..... ~ ':'~\l.st..3.:..I?? ~ :..~eI11~r!lI1.d.~t~ ..'::!lI1~ Y. ~~I!. ~!l11~"~I1.~ti()l1..~ ~~1t.e.e.
SUMMARYIBACKGROUND: At the August 3,1998 Land UserTransportation Comminee meeting, staff presented a grant
proposal for Midday Vanpool Services and requested the Comminee approve the acceptance of the Employer Services Grant if
awarded. The Employer Services Grant is a one-time program intended to help employers to overcome specific baniers to high
occupancy vehicle (HaY) commuting at their work sites. Nearly .10% of the affected employees in Federal Way identified that the
primary barrier to Hav commuting as the need for their own car during IW1ch breaks for elTands and personal use. Midday
transportation services were proposed to address this banier to HaV commuting. The concept uses an existing commuter van driven
by a paid driver to provide nridday transportation service between Commute Trip Reduction (CTR) affected sites and local businesses
m!lI1d.r~st.a':""..al1t~ .Ì11.F: ~~~~~l. '?I..aY,:.. ~ ~~~. .a~~~~~~ .111~'11()~"11~ 11.111. t.(). 1I1.e. .~."11~. ,!.s~1!. r"11~p'"rta~i()I1c:()lI'11'i~~~. ~~t~~. JlllY,?~' .19?~).
CITY COUNCIL COMMITTEE RECOMMENDATION: At the August 3,1998, Land UserTransportation Comminee
meeting, the Comminee W1animously authorized staff to accept the Employer Services Grant if awarded and forwarded to full City
CoW1cil for consideration.
CITY MANAGER RECOMMENDATION: "ÞN~~~::;"';';-:;;~:rki;:¿'~-;:1~:d7;:~;...m
APPROVED FOR INCLUSION IN COUNc¡~;¡~~~:""~f"""""""I...~..........#.%....
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
K\COUNCILIAGDBILLSIJ998\CTR8II98CC
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
_APPROVED
_DENIED
_TABLEDillEFERRED/NO ACTION
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
July 29, 1998
TO:
Phil Watkins, Chair
Land Use I Transportation Committee
FROM: Cary M. Roe, Public Works Director enr<-
¡¡p .¡:;,..sarady Long, Traffic Analyst
SUBJECT:
Employer Services Grant Program Application for Midday Vanpool Services
Back2round:
Washington State's Commute Trip Reduction (tTR) Law was adopted by the Legislature in
1991 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 vehicles (SOY) for commute
trips. The law requires public and private employers with one hundred (100) or more full time
employees to develop and implement a commute trip reduction plan.
ill 1997, the State Legislature amended the CTR law reducing the single occupancy vehicle and
vehicle miles traveled reduction goals from 25 to 20 percent for 1997,35 to 25 percent for 1999,
and established a 35 percent reduction goal for 2005. ill April 1998, the City Council adopted a
Resolution incorporating these changes into the existing City CTR Ordinance.
Employer Services Grant Prol!ram:
The Employer Services Grant is a one-time program intended to help employers overcome
specific barriers to high occupancy vehicle commuting at their work sites. The grants are
available to any affected employer, affected jurisdiction, transit agency, or CTR service provider
in the counties affected by the Commute Trip Reduction law (Clark, King, Kitsap, Pierce,
Snohomish, Spokane, Thurston, Whatcom and Yakima). A total of $500,000 is available
through a competitive grants program, with no single project eligible to receive more than
$50,000. No matching funds are required.
ill order to receive funding, the applicants must be willing to enter into a contract with WSDOT
and are required to participate in an evaluation to determine the impact of the project.
)
Grant Proposal for Middav Vanpool Services:
The City of Federal Way currently has twelve (12) employers affected by the CTR law: City of
Federal Way, Orion Industries, Reliance Insurance Company, SI. Francis Hospital, United States
Postal Service, USAA Insurance, World Vision, and five (5) Weyerhaeuser Corporation sites.
According to State law and City ordinance, these work sites must meet their SOY goals of 68%
by 1997 and 64% by 1999.
The City of Federal Way 1997 SOY Survey results (see Table 1) indicates that reduction progress
was made from 1995. However, only two work sites met their 1997 SOY goal and only one
workaday is expected to meet their 1999 SOY goal. Out ofthe 2158 employees surveyed, nearly
40% identified that the primary barrier to HOV commuting as the need for their own car during
lunch breaks for errands and personal use.
Site
Table 1. City of Federal Way
! 1997 SOY : :
: Survey 1999
: results I SOVGoal I
I
I
! Progress
I from 1995
I
Met Goal II %from
(Credit) floal
,
Orion Industries ¡ 19 ¡ 64 ¡ Yes ¡ _m- ¡ -27%
: : I (Yes): I
-------------------------------+----------+----------+-----------+----------+------------
Weyerha,userTechnicalCenter ¡ 66 i. 64 ¡ No ! 3% ! -15%
--------------------------------e-----------e-----------r-------------r------------r-------------
WeyerhaeuserCampusCenter ¡ 70 ! 64 ! No ¡ 9% ¡ -16%
--------------------------------e-----------e-----------r-------------r------------e------------
Weyerhaeuser Park Center II ! 72 ¡ 64 ¡ No ¡ 13% ¡ -16%
--------------------------------e-----------e-----------r-------------r------------e------------
USAA Insurance ¡ 72 ¡ 64 ¡ No ¡ 13% ¡ 4%
--------------------------------e-----------r------------r-------------r------------e------------
Weyerhaeuser West Campus ! 75 ¡ 64 ! No ¡ 17% ¡ -9%
--------------------------------e-----------e-----------r-------------r------------e------------
Weyerhaeuser Corporate ¡ 76 ¡ 64 ¡ No ¡ 19% ! -10%
Headquarter I: I : :
-------------------------------+----------+----------+-----------+----------+------------
World Vision ¡ 80 ¡ 72 ¡ No ¡ 11 % ¡ 1st meas.
--------------------------------e-----------e-----------r-------------r------------e------------
Saint Francis Hospital ¡ 82 ¡ 64 ¡ No ¡ 28% ¡ -7%
--------------------------------e-----------e-----------r-------------r------------e------------
CityofFed~raiWay ! 88 ! 64 ! No ! 38% ! 1%
--------------------------------e-----------e-----------r-------------r------------e------------
United State Government Postal ¡ 91 ¡ f.L "c ,,07.,07.
Services I I I I I
--------------------------------t------------t------------¡-------------¡------------t-------------
Reliance Insurance Company ! 92 ! 64 ¡ No ¡ 44% ¡ 8%
I Averages Totals:
f.L "c ,,07. ,07.
i
74
-7%
Note: negative percentages indicate a decrease in SOY use
At the May meeting of the Federal Way Employers Network, midday transportation services
were proposed to address this barrier to HOY commuting. The concept uses an existing
commuter van driven by a paid driver to provide midday transportation service between CTR
affected work sites and local businesses and restaurants in Federal Way. It would offer a
combination of fixed route and demand-responsive service during weekdays between II AM and
2 PM for a nine-month trial period.
Staff has been working collaboratively with the Federal Way Employers Transportation Network
Group and King County Metro staff to submit an Employer Services Grant Program Application
for midday vanpool services.
Recommendation:
Staff anticipates that the proposed grant would further enhance SOY reduction and assist CTR
affected work sites in the City of Federal Way to meet their CTR goals. Therefore, staff requests
that the Land Use and Transportation Committee approve acceptance of the Employer Services
Grant for Midday Transportation Services if awarded, and forward to the full City Council for
consideration.
\
SL:jg
k:\lutcl1998lvanpool.grt
July 29, 1998
DR4J:r
Washington State
Department of Transporration
P.O. Box 47387
310 Maple Avenue
Olympia, W A 98504-7387
Re:
Employer Services Grant Program Application for Midday Vanpool Services
Dear Review Panel:
The enclosed Employer Services Grant proposal for Midday Vanpool Services is submitted on behalf of the Federal
Way Employers Transportation Network. The Network represents over 4,500 employees at 12 CTR affected
worksites in Federal Way. The Network group has met monthly since September 1992. Their cooperative effOrTS
include annual all network transponation events for which they received,the ACT Golden Shoestring Award in 1994;
network van pool promotion held in 1995 resulted in fonning 16 new van pool groups; collaboration with King
County Metro to demonstrate commuter use of Dial-A-Ride which resulted in demand response with deviation bus
service currently in use in Federal Way; and group participation in Oil Smart and Rideshare Week promotions each
year. .
Inspiration for this proposal comes from an HCT Grant presentation by Laurie Elder at our May Network meeting.
A bnrin storrrring session identified a barrier to HOV commuting as the need for employees to use their cars during
lunch period for errands and personal use. From that, came the idea to use existing commuter vans driven by a paid
driver to provide midday transpOrTation between CTR affected worksites and local businesses and restaurants in
Federal Way.
)
Since May, the group has met three times with King Cot¡nty Metro and City staff. ETCs broke into two planning
groups. One group drafted the proposal and the other developed the Midday Vanpool Service. Metro and City staff
provided technical assistance.
Our commitment and ability to implement Midday Vanpool Service with HCT funds is demonstrated by our history
of successful multi-employer promotional and transporTation projects.
The Federal Way Employers Transporration Network has authorized the City of Federal Way to submit tills proposal
on their behalf. Network members and companies represented include:
City of Federal Way
Orion Industries
Reliance Surety
SI. Francis Hospital
USAA Insurance
Weyerhaeuser Company (5 sites)
World Vision
Sarady Long, ETC
Tom Stepanek, ETC
Barbara Thompson, ETC
Ann Adkins, ETC
Jim Raymond, ETC
Katy Taylor, ETC
Silvia Spencer, ETC
Sincerely,
Sarady Long
Traffic AnalystlCTR Coordinator
SLLm
¡¿';TRAFFIa<t'!~f;'¡:.'!~ W~L\Pwllm".L TR
.....~.-.--... ..
Emplover Services Grant Program Application
DR4Fr
About Tbls Program
Employer Services grants are available to any affected employer, affected jurisdiction, transit
age>ncy, or CfR serVice provider in Clark, King, Kitsap, Pierce, Snohomish, Spokane, Thurston,
Whatcom and Yakima counties. A total of $500,000 is available through this program, with no
single project eligible to receive more than $50,000. The program extends through June 30, 1999.
Graut Criteria
All applications will be rated based on the following criteria, with a maximum of 100 points
possible:
. Applicant's ability to successfully complete the project
. Potential impacts or benefits
30
45
. Cost effectiveness
20
5
. Other information
Applications must receive a minimum of70 points to be eligible for funding.
About Tbls AppllcaUon Fonn
Applicants must provide all information requested on this fonn; additional pages may be attached as
neœssary. Completed applications must be received by no later than 5 p.m. on July 31,1998. Send
completed applications to: TJ. Johnson at the Washington State Department of Transportation, Public
Transportation and Rail Division, P.O. Box 47387,310 Maple Park Avenue, Olympia, WA 98504-
7387. .
1. PROJECT TITLE Federal Way Midday Vanpool Service
2. lEAD ORGANIZATION TITlE.King CI5I; f1ty Metre (j;'(y D/ R-hAd /cJ~
3. ADDRESS -821 3"l.Ulld Ave. M5 lðl :3 a.:s-ao ~~,,--:::h~
4. CITY-6e8ttIe-ÆhA..dtUy 5. STATE WA
7. CONTACT PERSON .beu,;" Eld"!!r .:::'Sx..r~cltt M~
8. PHONE NUMBER {266Tß89-34áß . c 9. FAX NUMBER
c?S3 £. "'-(/ 3 /
10. E-MAIL ADDRESS <Ia\ffie:-eldef-@-ffletrek~
c-Fi-V @., Q..i feder-ð..I-wa.y, -Net. ¿¡ S
11. OTHER PARTICIPATING ORGANIZATIONS City of Federal Way, Orion Industries,
Reliance Insurance, SI. Francis Hospital, United States Postal Service, USAA
Insurance, Weyerhaeuser Corporation (5 sites), World Vision
6. ZIP -98W4>
'1:fdo3
,
12. DESCRIPTION OF PROJECT/PROGRAM
Clearly describe the proposed project/program, including the barrier(s) the project/program is
designed to address, and whether the project/program is a new initiative or is designed to expand or
enhance existing trip reduction efforts.
This project provides midday transportation between CTR affected worksites and retail
shops, services, health clubs, and restaurants in Federal Way. It serves 4,500 CTR
affected employees at 12 worksites. Nearly 40% of employees in Federal Way
identified the need for their own car to do midday chores and appointments as a barrier
to HOV commuting. Only two employers have onsite lunch facilities.
Currently, community demand for Metro's Dial-A-Ride service preempts serving
employment sites, resulting in unreliable service. The proposed service offers frequent,
reliable midday transportation using two existing commuter vans currently used by
commuters to Federal Way during peak commute hours. It offers a combination of fixed
route and demand-responsive service, weekdays between 11 AM and 2 PM using part-
time drivers.
¡.'
)
A committee of ETCs and transportation representatives from the Federal Way
Employers Transportation Network, the Citypf Federal Way and Metro will oversee the
project, including route planning, promotion and ongoing management. The worksites
will distribute promotional materials regarding the new service. An incentive program
will be conducted to encourage SOY commuters to try using the service. Riders are
given a ticket each time they use the shuttle. Each ticket serves as one entry into a
monthly drawing. Employers will conduct an evaluation of the specific service with their
employees. Metro will evaluate the use of commuter vanpool vehicles for shuttles.
By addressing employees' major barrier to HO\! commuting, this project significantly
assists CTR affected worksites in Federal Way to meet their CTR goals. The project
demonstrates to SOY commuters that they don't need their cars for midday errands.
Once this barrier is removed, employees are more likely to shift to an HOV mode for
their commute. This service is key in retaining current HOV commuters.
)
13. PROJECT OBJECTIVES AND POTENTIAL IMPACTS
Clearly identify the objectives of the program/project, and expected impacts. Impacts may be both
short term and long term. and should include potential for trip reduction and potential for project
sustainability at the end of the funding period. Include any data or information that supports the
anticipated benefits.
Coordinating the efforts of the CTR affected worksites to provide mid-day
transportation, maximizes the potential impact of the each worksites' CTR program.
The specific objectives and goals of the project are to:
Objective Goal
Provide midday service 2,500 total rides
Frequent rider incentive Award 120 drawing prizes to SOV
commuters who use the shuttle
Serve as midday transportation in place of Provide frequent, on-time service mid-day
Dial-A-Ride service service
Test van pool use for mid-day Reduce cost of operating shuttles
transportation Resolve insurance issues
Develop policv for future proiects
14. TYPE OF PROPOSAL (check one) capital p.'o¡ect 0
program 0
both 181
15. AMOUNT OF FUNDING REQUESTED: $37,375
16. COST EFFECTIVENESS
Discuss the expected cost effectiveness or costlbenefil of the project/program. Identify the specific
indicators to be used 10 determine cosl effectiveness (e.g., cost per trip reduced, cost per new program
participant, etc.).
Objective Total Cost Grant Cost
Provide middav service $16.58 per rider $13.78 per rider
Frequent rider incentive $25 per new HOV $25 per new HOV
commuter commuter
Replace Dial-A-Ride $44,375 $37,375
service
Testvanpoolusefor $45,875 $37,375
middav service
17. TIMELINE
Briefly summßrize the project/program timeline, including interim milestones. All projectslprograTn!i
must be completed by June 30, 1999. Projects/prograTn!i that produce demonstrated benefits by
December 31, 1998, will be given priority.
Task Start Date Completion Date
Plan route September 1998 Seotember 1998
Coordinate van use September 1998 September 1998
Hire driver October 1998 October 1998
Purchase driver cellular phone September 1998 September 1998
Develop promotion campaian September 1998 October 1998
Develop incentive proqram September 1998 October 1998
Implement promotion October 1998 June 1999
campaiqn
Implement incentive proqram October 1998 June 1999
Implement service October 1998 June 1999
Interim ridership evaluation December 1998 December 1998
Final ridership evaluation June 1999... Julv 1999
Evaluate vanpool midday June 1999 July 1999
service concept
)
Implementation of Project
Partnership with Weyerhaeuser to use vans
Partnership with Weyerhaeuser to hire al)d manage drivers
Partnership with Federal Way Employer Network Group to serve on Planning
Committee
Partnership with all eight CTR employers to promote vanpool midday service
Availability of Results
. Initial vanpool midday service ridership results available in December 1998.
Final vanpool midday service ridership results available in July 1999.
Final HOV recruiting results will be available in July 1999.
Final HOV retention results will be available in July 1999.
Replacement of Dial-A-Ride service evaluation available in July 1999.
Van pool shuttle rider evaluation available in July 1999.
Van pool shuttle concept evaluation available in July 1999.
18. ABILITY OF APPLICANT TO COMPLETE THE PROJECT
Summßrize the lead organization's (and other participating organizations') past involvement in trip
reduction efforts; skills and experience it brings to the proposed project/program; and resources
available to ensure completion of the project/program.
Previous Involvement in Trip Reduction Efforts
Jurisdictions
has implemented CTR since 1992
Employers
the eight Federal Way employers have CTR and trip reduction experience since
1992.
the Federal Way Employer Transportation Network Group has been coordinating
CTR and trip reduction effort in the community for six years.
the ETCs have CTR and trip reduction experience ranging from one to seven
years.
Metro
worked with employers and jurisdictions to implement CTR since 1993
worked with employers to implement trip reduction programs since 1977
member of the CTR task force
Skills and Experience
Jurisdiction
has experienced staff dedicated to CTR and trip reduction.
. brings transportation knowledge, worksite knowledge and marketing skills to the
project.
Employers
an understanding of their corporate culture and employee needs
knowledge of how to communicate to their employees
. transportation planning experience
Weyerhaeuser has experience operating a shuttle
Mètro
14 staff members with extensive transportation demand management and trip
reduction experience
extensive trip reduction marketing experience
has initiated an operated business use of vans arrangements since 1994
understanding of insurance and operations issues
Resources Available
Jurisdiction
. 1% match
one staff person
Employers
15% match
eight ETCs
systems established to distribute the information to their employees
means of hiring drivers
onsite parking, drop-off and pick-up locations
Metro
7% match
printing facilities
CTR staff person
)
)
vanpool operations staff and legal staff to resolve insurance and operations
issues
route planning staff to establish shuttle route
vans
19. OTHER INFORMATION
Please identify other information not covered elsewhere on this application that you believe would be
important to the project selection committee.
This project is key to the trip reduction effort of employers in Federal Way because it:
addresses the key barrier to HOV commuting - the need for mid-day transportation
pools the cost of providing service
provides consistent, reliable mid-day service
helps employers meet their CTR goals
Signature of CEO or highest ranking official at the organization submitting this application.
NAME
TITLE
DATE
Signatures of CEOs or highest ranking officials at other participating organizations.
NAME
TITLE
NAME
TITLE
NAME
TITLE
DATE
DATE
DATE
MSWORD FILE: Emplyr Svcs Grant App, 6/23198
ITEM# ~
MEETING DATE: August 11, 1998
SUBJECT:
CATEGORY:
_CONSENT
_ORDINANCE
_BUSINESS
XXHEARING
_FYI
ATTACHMENTS:
................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
Adult Entertainment/Retail Establishment Moratorium:
Renewal and Work Plan or Expiration
BUDGET IMPACT:
XXRESOLUTION
XXSTAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
(I) Proposed Resolution contaffiing Findings of Fact to renew the moratorium for six (6)
months until February 12, 1999 and adopting a work plan directing staff to prepare code
amendments to the Federal Way City Code; (2) Memorandum from Londi K. Lindell, City
Attorney regarding Swnmary of Studies on Secondary Effect of Adult Establislunents
including adult retail establishments (full text of studies in City Council Offices); (3) Copies
of recent court decisions authorizing regulation of Adult Retail Establishments with only "take
home" merchandise; and (4) Exhibits Referenced in Swnmary !Background.
SUMMARYIBACKGROUND: On February 17, 1998, the City Council enacted a moratorium on the acceptance of
applications for and issuance of land use, building and development permits, and business licenses for adult entertainment
and adult retail uses. (See Exhibit "A", Resolution 98-268.) On April 7, 1998, the City Council conducted a public
hearing within sixty (60) days of the adoption of the moratorium, pursuant to RCW 35A.63.220 and 36.70A.390. After
considering all public testimony at the public hearing, the studies and reports previously provided to the City Council and
the presentation by the City Attorney, the City Council elected to continue the moratorium until August 16, 1998 in order
to review studies from other jurisdictions concluding that adult entertainment including adult bookstores and other adult
retail establislunents have negative and adverse secondary effects on the City, in order to consider increased criminal
activity at other adult retai1 and bookstores and to investigate recent court decisions allowing the regulation of such adult
uses. (See Exhibit "B", Resolution 98-270; Exhibit "C", Transcript of Public Hearing on April 7,1998; Exhibit "D",
Criminal Activity fimn City of Bellevue; Exhibit "E" Declaration of Herbert Hall in People v. Welty; and Attachment 3,
Recent Court Decisions).
Since the extension of the moratorium, staff has obtained an extensive amount of infonnation regarding negative impacts
on property values, increased criminal activity in areas where adult oriented businesses are located and negative impacts
on the quality and character of both the residential and business communities. Staff is continuing to review and evaluate
this infOID1alion and additional time is needed to complete this work. In addition to the amount of infonnation, the issues
are complex due to the free speech protections afforded to a portion or all of the materials sold by adult bookstores and
other adult businesses by the First Amendment to the U.S. Constitution and Article I, Section 5 of the Washington State
Constitution.
The moratorium is scheduled to expire on August 16, 1998 unless the City Council acts to renew the moratorium for six
(6) months. The public hearing scheduled for August II, 1998 will allow the City Council to hear testimony relating to
secondmy impacts associated with these adult businesses and staff will present documentmy evidence showing the results
ofpreliminmy research into the secondmy impacts of these businesses. At the close of the public hearing, Council will
be asked to decide whether or not to renew the existing moratorium on adult establishments including adult bookstores
for a six (6) month period to allow City staff to complete research and analysis on adult oriented businesses and to draft
necessary code amendments to the Federal Way City Code to address the negative secondmy impacts of adult retail
businesses. Staff's work plan during this six (6) month period will include drafting all proposed code amendments and
scheduling review of such amendments before the Federal Way Planning Commission (for zoning code amendments
only), the Land Use Transportation City Council Committee and then to the full City Council.
Outions
I. Adopt Resolution No._containing rmdings of fact, a work plan and concluding that the moratorium
imposed by Resolution No. 98-268 and continued by Resolution No. 98-270 is necessmy and should be renewed for six
(6) months and continue in effect until Februmy 12, 1999.
2. Do not adopt Resolution No. but rmd instead that the record does not establish the need to continue the
moratorium in effect and allow the moratorium to expire on August 16, 1998.
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A. Hearing to be held by City Council
CITY MANAGER RECOMMENDATION: After fully considering all public testimony, the staff
presentation, the documents and studies previously submitted to you and following all necessary deliberations,
adopt Resolution No._finding the moratorium is neces~ary and should be continued in effect until
~~~~~ .~~:..1~99... ..... ... ..... ... """"'" ... ... ... ..... ... ..... ..... ..... ....... ...It;;¡. V/Y,:)~f4. ..... ..... """"" ....... ..... ... ..... ...
APPROVED FOR INCLUSION IN COUNCIL 1/J¡.,
PACKET: .
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACfION:
_APPROVED
_DENIED
_TABLEDffiEFERREDINO ACfION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:\agnditem\audmor.mw
ATTACHMENT (1)
PROPOSED RESOLUTION RENEWING THE
MORA TORIUM FOR SIX MONTHS
DRAFT
~-tf-q,?
RESOLUTION NO. 98--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIllNGTON, ADOPTING FINDINGS OF FACT
AND RENEWING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING
AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR
ADULT ENTERTAINMENT AND ADULT RETAIL USES.
WHEREAS, the Federal Way City Council has previously determined, based on
public testimony and other evidence and through findings of fact detailed in Ordinance No. 95-
241, that adult entertainment uses cause secondary effects that are detrimental to the public health,
safety, morals and general welfare of the citizens of Federal Way; and
WHEREAS, there are present within the City of Federal Way several adult retail
establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or
in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded
video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys
and novelties, games, clothing or other merchandise which are distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified anatomical areas, specified
sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code
("FWCC") 9-71.A; and
WHEREAS, there is evidence that the City could, in the near future, receive
applications for adult entertainment or adult retail uses that would significantly increase the
Res. No. 98-_, Page 1
amount of square feet of commercial space characterized by such uses and located with the City
Center Core and Frame; and
WHEREAS, the FWCC does not currently adequately address the various impacts
to public health, safety, morals and general welfare that these uses present; and
WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region,
and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult
retail uses, based upon evidence of the negative secondary effects of such uses; and
WHEREAS, the citizens of Federal Way would be well served if City Council
members and city staff performed additional analysis on the negative secondary effects, in the
form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring
properties and on the community as a whole; and
WHEREAS, the City needs to review existing information on the negative
secondary effects of adult entertainment and adult retail uses, and to prepare draft code
amendments to the FWCC addressing the negative secondary effects of such uses; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt
moratoria provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, on February 17, 1998 the City adopted Resolution No. 98-268,
imposing a moratorium upon the acceptance of all applications for and issuance of business
licenses, building permits, land use permits, or other licenses or permits under the FWCC for
adult entertainment or adult retail uses, until additional review has been completed and any
necessary code revisions have been adopted by the Federal Way City Council; and
Res. No. 98-_, Page 2
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting
a moratorium shall adopt findings of fact immediately after the public hearing held within sixty
(60) days of adoption of the moratorium; and
WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the
Federal Way City Council and after considering all written comments and public testimony
received at the hearing, as well as materials presented by staff at the hearing, the City Council
adopted Findings of Fact and continued the moratorium until August 16, 1998; and
WHEREAS, as a result of research and analysis performed during the moratorium,
the City has concluded that adult entertainment, including adult retail uses and bookstores, has
negative secondary effects and that code amendments are necessary to the FWCC to address such
effects; and
WHEREAS, in order to allow staff sufficient time to thoroughly analyze all of the
information staff has gathered during the six (6) month moratorium, to draft proposed code
amendments and to present such code amendments to the Federal Way Planning Commission, the
Land Use Transportation City Council Committee and the full City Council, staff is requesting
a six (6) month renewal to the adult moratorium; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 35.70A.390, a public hearing
was held on August 11, 1998 to consider renewing the moratorium for a six (6) month period; and
WHEREAS, the City Council has considered written comments and public
testimony received at the August 11, 1998 hearing, as well as all materials presented by staff; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city renewing
a moratorium shall adopt findings of fact prior to such renewal;
Res. No. 98-_, Page 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section I
Findings of Fact. The Federal Way City Council hereby adopts the
following Findings of Fact:
A. The City has determined previously, through public testimony and the receipt of other
evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the
public health, safety, morals, protection of minors and the general welfare of the citizens of
Federal Way.
B. Many of those adverse secondary effects are summarized in the findings of fact
contained in Ordinance No. 95-241, Resolution No. 98-268 and Resolution 98-270 which are
incorporated herein by this reference. Those adverse secondary effects include significant criminal
activity not limited to prostitution, illegal employment of minors, narcotics and alcoholic beverage
law violations, breaches of the peace, tax evasion and harboring of persons with outstanding arrest
warrants.
C. Those adverse secondary effects also include public sexual conduct on the premises of
adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct
also causes substantial public health and safety concerns, not limited to the spread of sexually
transmitted diseases.
D. The City has reviewed studies from other cities concerning the adverse secondary
effects arising from adult retail establishments ( a subset of adult entertainment uses), whose stock
in trade is devoted in whole or in substantial or significant part to books, magazines, cards,
pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments,
Res. No. 98-_, Page 4
devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise
which are distinguished or characterized by an emphasis on matter depicting, describing or relating
to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are
defined in FWCC 9-71.A.
E. The City adopts by reference the studies from other cities that conclude that adverse
secondary effects from such adult retail establishments include increased crime rates, depreciation
of property values, deterioration of community character, and a decrease in the quality of life.
F. The City adopts by reference the conclusions contained in such studies from other cities
that conclude that such adult retail establishments tend to concentrate in certain areas, and that the
proximity of those establishments to sensitive uses such as schools, residential zones, places of
religious worship and parks result in similar or increased adverse secondary effects.
G. Although reliance on these studies has resulted in the decision by the City to regulate
the location of such adult retail establishments, the City believes that the characteristics of such
establishments within the City may have an impact on the type and manner of regulation which
the City chooses to employ. The City finds that additional review of other studies on the
secondary effects of adult retail establishments is necessary to determine what regulations are
appropriate.
H. Staff will prepare draft code amendments as a result of its further review of such
studies to address the negative secondary effects of such adult uses for the City Council's
consideration and adoption.
I. A renewal of the moratorium established by City Resolution No. 98-268 and Resolution
No. 98-270 until February 12, 1999 is necessary to take such additional action.
Res. No. 98-_, Page 5
Section 2
Recitals and Findings of Fact Inco( )orated. The recitals set forth on
pages 1-3 of this Resolution, and the Findings of Fact contained in Ordinance No. 95-241,
Resolution No. 98-268 and Resolution No. 98-270, are incorporated as if fully set forth herein
and are hereby adopted as additional Findings of Fact to the extent they are not inconsistent with
the Findings of Fact adopted in Section 1 of this Resolution.
Section 3
Renewal of Moratorium. Based on the Findings of Fact adopted in
Sections 1 and 2 above, the City Council hereby determines that it is necessary for the moratorium
enacted in Resolution No. 98-268 to be renewed for an additional six (6) month period.
Accordingly, the moratorium shall not expire until midnight on February 12, 1999.
Section 4 Work Plan. During the six (6) month extension, staff will continue its
analysis and review of studies and ordinances from other jurisdictions addressing the negative
secondary effects of adult businesses including adult bookstores. Staff will draft amendments to
the FWCC, including without limitation, Sections 9-71 through 9-134 covering licensing and
regulation of adult establishment businesses and the zoning charts contained in Chapter 22 of the
FWCC. The draft amendments will be presented to the Federal Way Planning Commission if
such amendments cover Chapter 22 of the FWCC and all amendments will be presented to the
Land Use Transportation City Council Committee and the full City Council for consideration and
adoption. The timing of the presentation of the amendments to the Planning Commission and City
Council will depend upon each body's existing work plan and available schedule. In the event
either the Planning Commission or City Council is unable to complete its review and adoption of
such amendments on or before February 12, 1999, staff will request an additional renewal of the
moratorium.
Res. No. 98-_, Page 6
Section 5 Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 6 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 7 Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of August, 1998.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
Res. No. 98-_, Page 7
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 98--
K:\RESOIADULTENT.RNW
Res. No. 98-_, Page 8
ATTACHMENT (2)
MEMORANDUM FROM CITY ATTORNEY
REGARDING SUMMARY OF STUDIES ON
SECONDARY EFFECTS OF ADULT
ENTERT AINMENT
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE:
August 4, 1998
TO:
Federal Way City Council
Londi K. Lindell, City Atto~
Summary of Studies on Secondary Effects of Adult
EstablishmentslRetail Establishments
FROM:
SUBJECT:
During the last six (6) months, we have requested copies of studies which have been performed
across the nation analyzing and reporting on the secondary effects of adult entertainment
establishments and adult retail uses such as adult bookstores. We have provided copies of the full
text of these studies in your Council offices. I have attached an index of the studies for your review.
Staffwill be requesting a' six (6) month renewal of the moratorium to allow staff time to continue
the review and analysis of these studies and to prepare draft code amendments for your
consideration which are narrowly tailored to address the negative secondary effects of such adult
businesses. The majority of the code amendments will surround the definition, regulation and
location of adult retail uses such as adult bookstores.
Recently, when the City adopted its "four foot rule" in 1995 covering adult cabarets, you had the
opportunity to review these studies for the secondary effects of such adult uses so I will not repeat
that analysis. However, I will briefly summarize some of these studies and highlight those sections
addressing adult retail establishments and adult bookstores.
1. City of New York D¡;partment of City Planning (November] 994)
*
Real Estate Brokers indicated adult bookstores have negative impacts on property
values.
*
Rate of increase in assessed property values for blocks with adult uses grew at a
slower rate that those without adult uses.
August 4,1998
Page 2
*
Adult retail signs are generally graphic (sexually-oriented) compared with the signs
of other nearby commercial uses and community residents view this signage as out
of character with the neighborhood and are worried about exposing minors to such
sexual images.
Of 100 business owners surveyed, 61 percent felt that the triple-X video store had
a negative impact on their businesses and 88 percent thought the potential for doing
business has been negatively affected by the adult retail store.
2. Times Square Business Improvement District (April 1994)
3.
4.
*
The study revealed reduction in criminal complaints the further away from the major
concentration of adult establishments, including adult bookstores.
*
There was no way to encourage increased value of commercial properties for a
variety of businesses if such businesses are located in proximity to a concentration
of pornography establishments.
Adult Entertainment Business in Indiamlpolis Indiana (1984)
*
National survey of real estate appraisers. Of the 507 responding appraisers, 80%
opined that an adult bookstore would reduce the value of residential properties
within one block of the site, and 72% opined that an adult bookstore would reduce
the value of commercial properties within one block.
The negative impact dissipates markedly as the distance from the adult bookstore site
increases.
Report of the Attorney General's Working Group on the Regulation of Sexually Oriented
businesses St Paul Minnesota (June 1989)
*
Documented secondary effects of adult bookstores included discarded pornographic
literature in the streets, sidewalks, bushes and alleys near adult retail businesses.
Such literature is sexually very explicit, even on the cover and becomes available to
minors even though its sale to minors is prohibited.
K:\counmemoladultstu.804
14.
STUDIES OF SECONDARY IMPACTS OF ADULT ENTERTAINMENT
1.
A Report on Zoning and Other Methods Regulating Adult Entertainment in Amarillo;
Amarillo, Texas (September 1977)
2.
A Study on the Need to Regulate the Location of Adult Entertainment Uses; Bellevue,
Washington (September 1987)
3.
Adult Entertainment Business in Indianapolis, Indiana (1984)
4.
Adult Entertainment Study; City of New York (November 1994)
5.
City of Kent Adult Use Zoning Study; Kent, Washington (November 1982)
6.
Final Report to the City of Garden Grove: The Relationship Between Crime and Adult
Business Operations on Garden Grove Boulevard; Garden Grove, California
(October 1991)
7.
Regulation of Adult Entertainment Establishments in New Hanover County; North
Carolina (July 1989)
8.
Relation of Criminal Activity and Adult Businesses; City of Phoenix (May 1979)
9.
Report on the Secondary Effects of the Concentration of Adult Use Establishments in the
Times Square Area; New York, NY (April 1994)
10.
Report of the Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses, Minnesota (June 1989)
11.
Report on Adult Oriented Businesses in Austin; Austin, Texas (May 1986)
12.
Study & Recommendations for Adult Entertainment Businesses in the Town of Islip;
Islip, New York (September 1980)
13.
Study on the Effects of the Concentration of Adult Entertainment Establishments in the
City of Los Angeles; Los Angeles, California (June 1977)
Zoning and Adult Amusement; Albuquerque, New Mexico (May 1995)
ATTACHMENT (3)
COPIES OF RECENT COURT DECISIONS
Z.J. GIFT V. CITY OF AURORA
ILQ INVESTMENTS, INc. V. CITY OF ROCHESTER
04101/98 WED 14: 37 FAX 206 389 1708
- -.---.--
-'C--
--.F.3d-
(Cite as: 1998 WL 51279 (10th Cir.(Colo.»)
Z.J. GIFTS ]),2. L.1.C., doíng buaine¡¡¡ a&
Christie's, an Okl8homa limited
par\;;lW'ship, Plaint1fI'-Counter-Defandant-
Appellee,
Y.
crry OF AURORA. an Incorporated
Municipality, Defendant-CountM.Claimant-
. Appellant.
No. 96-1483.
'United States Court of Appew,
Tenth C!rçuit.
Feb. 10, 1998.
Appeal from the 'UDited States District
Court for the District of Colorado. (D.C. No.
'- 93-M-2310).
Chæles H. Richardson (Tensa Kinney of the
OfIice of the Aurora City Attorney, Aurora,
Colorado, and Bany AniDgtOn of the Law
Offices of Barry K. AniDgton, P.C., Denver,
Colorado, with him on the briefs), Office of the
Aurora City AttorneY, Aurora, Colorado, for
Defend. ant- CountM. C lB1mant- Appe Uant-
Michael Gross (Arthur M. Schwartz with
him on the briefs), Arthur M. Schwartz, P.C.,
Denver, Colorado, for Plaintilf'-Co.mter-
Defendant-Appellee.
Before ANDERSON, KELLY, and HENRY,
Circuit Judees.
KELLY, CircUit Ju4e.
GRAJWI & JAMES'--
206 389 1708
~OO~
(
Page 1
932 F,Supp. 1256, 1257.60 (D.CoIo.1996). We
exerclA jurisdidion pumlant to 28 U.S.C. §§
1291 and 1292(a)(1), reverse. and remand for
proc88dinp coD5istent with this opinion.
Background
In early 1993, Awwa city officials became
concemed that the city lacked regulatory and
enforcement mechanisms to minimize
negative eft'eets resulting from sexually-
oriented busin88aes loca.ting within city limits.
In response, the city attorney's ofIice
pmented a draft ordinanœ regulating the
operation and location of sexuallyoriented
busùw-s to the city council in September
1993.
In October 1993, Z.J. Gifts, a lmrited
partnership, leased space in the Granada Park
Shopping Center, located in a com,¡nerci.ally-
zoned area, and prepared the space for retail
sales of adult IItIvelties, magazines, and
videos. After applyÏI1g for &ales tax end
business licenses, the shop, na¡ned
.Christie's,. openad for business on October
30, 1994, end has since been in continual
operation. 'Unlike other adult """g, INCh as
adult theaters, peep shows, and nude cianee
clubs, Christie's provide. no on-site adult
entertaïmnent. The shop instead sells and
rents adult materials to ~ustomers for viewing
oft"prellÚBes.
After rniew of a thorou¡:-h 1e¡islative
record, deliberation and publi~ hearings, the
Aurora City Council epatted an ordinance
re¡ulati.ng all sexually-oriented bU5ÍJleues,
includillg adult bookstores, novelty shope ax>d
video stores, on December 13, 1994. The
ordiD8J œ established comprehensive
licensing, operatin&, end í:øapection
requirements for sexually oriented businesses
located within city limits. The o1'dinance
further required sexually oriented busíneNeS
to locate in iJ:IdU&tria1ly-zoned areas, and
prohibited. them from locating within 1500
feet of churches. 8Chooll, resi~tiel districts
or dwellings, public parks, and other oexually
oriented busínesse&- See Aurora Mun.Code I
32.5-52; I Aplt.App- at 4344.
81 DefendantiCounterclaïmant-appeUant,
the City of Aurora, appeal. froD> the district
court's gt'IIJIi of SUJDJD&l'7 jud¡ment in favor of
Plainti1l7Counterde!endant.appellee Z.J. Gifts.
The district court invalidated a city zonin¡
regulation requíriDg ""mally oriented
bu&ineIl88S to locate in industrially.1O1Ied areas
and eDJoined its enforcement aeainat Z.J.
Qifta, mterpretitlg federal constitutional law,
the district court held that the regulation w..
a content.based restriction of speech as applied
to Z.J. Gifts' retail buøiness which ¡;old end
leased adult videos and magazines for o1f.site
viewing only. See Z.J. Gifts v. City of Aurora,
Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works
a'"Mì.'WII
~
206 389 1708
'<'Iuuo
04101/98 WED 14: 38 FAX 208 389 1708
GRAIWI & JA1IES . - -
(
---- - - - ---
(
-.F.3d...'
(Cite as: 1998 WL 51Z79, 81 (10th Cir.(Colo.»)
Z.J. Gift& filed 6Uit against tÞe city,
cha1lenginl[ the constitutionality of several
provieiollS of the ordinance, iDI:1uding tÞe
zoning reqW1'ernents. The city counterclaimed
to enJoin Z,J. Q;ft.s from opera~ Chriatie's
i.J> violation of the ordin&JlCe. The city &180
sought a declaration that Chriãtie's operates
in violation of the zoning provision of the
ord.inanU and requested a permanAlnt
injunction barring Chri8tie'. from operWng in
that loc&tion. The parties filed cross.motions
for ~ jud¡ment, BJ>d the d15t:rict court
gr8111ed Z.J. Gifts' motion. The clistrict cowl;
held that as applied, tha zoning provision
requirlni Christie's to locate with1Jl an
indust:ri&lly zoned area unconstitutionallY
in1'ri.J>ged Z.J. Q;ft.s' free speech interests. Z.J.
Gifts' reIDflining claimS for relief were
'- c1iSUliased. as moot. The city appealed.
Discussion
.2 Where First AlI1endment i.J>terests are
iJnplicated, this court is obligated to make an
independent examination of the record in its
entirety to ensure the challenged regulation
does not improperly limit e>epr8uÌ1./e interests.
See Revo v. DisciplinmY Bd- of the Supreme
Cowl;, lOG F.3d 929, 932 (10th Cir.), cert.
denied, -. U.S. "-, 117 S.Ct. 2515, 138
L.Eci2d 1017 (1997). Thua, we review
constitutional facts and conclusions of law de
novo. See id. Similarly, we review a district
court's grant of summarY jud¡ment de novo,
using the standard provided in Fed..R.Civ.P.
56(c). See Kaul v. Stephan. 83 F.3d 1208,
1212 (10th Cir.1996). Just as we may affirm a
grant of summarY jud¡ment on 8.D3 ground.
adequately supported by the record, we :&:nay
direct that jucigJDent be entered in favor of
any moving party if the record adequately
SIlpports it. See DickelOn v. Quarberlr, 844
F.2d 1435, 1444-4.5 n. 8 (10th Cir.1988).
We recognize thet governmentallixnitations
which limit expressive j,ntereSts strike "(a1t
the heert of the First Amendment," Turner
Broa&ast:i.ni System, Inc. v. .FCC, 512 U.S.
622, 641, 114 S.Ct. 2445, 129 L.Eci2d 497
(1994). We are also aware that First
Aø1endment doctrine must be informed by
tha complex tangle of social, political, and
Page 2
cultural interests in limiting speech a. well as
protecting it, for the tension between
individual right. BJ>d community needs I. at
the core of every First Amendment isi;u.e.
Thil tension i. most pronounced in cue. like
this one, where the speech re>gula.ted is
unpopular and the community's interest in
regulating It significant. We undertake
review of the Aurora zonini provision against
this backdrop of competing COJ:IU]\unity and
individual interests.
AB 1m initial :&:natter. the district cowl;
revie1Red Aurora's ordina:nce &Ii a content.
bf1S8d regulatio1\ of speech. See Z.J. Gifis, 932
F .supp. at 1260. Reco¡¡nizing that most
ordinanCes regula.ting aexu&lly oriented
businesses are considered content-neutral, the
court rejected that conclusion because it
believed "none of the material relied on by the
city council shows that the business of
Christie'S bean any relationship to [hannful
secondarY! effects." Id. at 1258. Though we
recognize that "(d]eciding whether a ...
regulation is content-b8S8d or content-neutral
is not always a simple task," Turner. 512 U.S.
at 642, the c1istrict court's emphasis on the
relationship between the IIlAterial. used to
justify the ordinanCe and the nature of Z.J
Gifts' retaj]. business is misplaced.
Content.based restrictions on speeeh, those
which "suppress, di8&dvantage, or iJnpose
differential burdens upon speech because of its
content," Id., are subject to "the most exacting
scrutiny." Id.. Conversely, content-neutral
regulations "pose a less substantial risk of
excising certain ideas or viewpoints froIn the
public c1islo¡ue" because they are unrelated to
the content of speech. 1c1.. Content-neutral
regulations are accordingly subject to
i.n!;ennBc1i&te scrutmy. See Clark v.
Community' Cor Creative NonViole:nce, 468
U.S. 288, 293, 104 S.Ct. 3065, 82 L.Eci2d 221
(1984). In determining whether a re¡u1ation
is comentneutral. "(t he government'. pœpo&e
(in e1'l8cting the regulation! is the controJ.lin¡¡
consideration." ward v. Rock Against Raci&D1.
491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Eci2d
661 (1989). If the regulation "serves purposes
unrelated to the content of expression" it is
considered neutral, "even if it h&& an
Copr. C West 1998 No Claim to Orig. U.S. Govt. Works
--~
04/01/98 WED 14: 38 FAX 206 389 1708
- - ---. -----
(
- F.3d-
(Cite as: 1998 WL 51279, 82 (10th Clr.(Colo.»)
incidental effect on &OJI1I! spealœn or :me&&ages
but 'DOt others." See id. (citin& City of Renton
v. Playtime Theatre;, 1=, 475 U.s. 41, 47-48,
106 S.Ct. 925, 89 L.Ed-2d 29 (1986».
8S The Supreme Courl has long held that
city zoning ordinance- which place limita on
the location of adult uses ue valid øerciaeI of
the city'; police power. See YoWlg v.
American Mini Theatres, Inc., 427 U.S. 50, 62-
63, 96 S.Ct. 2440, 49 L.Ed-2c:I 310 (1976).
Though &UCh regulations treat adult uses
differently from other uses based on their
sexually explicit nature, they are "de.igned to
p1'IIvent crime, ... maintain property value., ...
and preaerve ... the quality of urban life."
ReJ>ion, 475 U.s. at 48 (quotation marks
omitted). Because ordinances zoning adult
.... uses are intended to curb the secondary effects
of tho68 uses on surrounding conunUJÚties and
burden frwe speech 1nterest& only incidentally,
they are genually reviewed as content.neutral
regulations SIlbject to a less stringent standard
offeview. See id. at 48.50.
The record clearly establishes Aurora';
purpose in enacting the ordinance: to regulate
the hannful secondary effects of sexually
orïentad businesses. The preamble to the
ordinance indicated the City'. intent to
"protect[ ]Iitls] cit1zen& from inaeaoed crime;
pre.erve[ ] the quality of life, property values,
and character of neighborhoods and
bWlinesses; deterl] the spread of urban blight;
and protect[ ] against the spread of sexually
trananitted diseases...." I Aplt.App. at 126;
see Renton, 475 U.S. at 49. Further, even if
Z.J. Gifts coulcl support ita allegation that
"!mlemben of the Aurora City Council! !
openly avowed .., that the ordiJlanœ was
enacted for the expreBS purpo68 of closing
Plaintiffs business{,]" Aplee. Br. at 4, "
'alleged illicit ... motive[s]' " hidden in
legislators' com:ments will IIQt support a
determination that a restriction is content-
bued. Renton, 475 U.S. at 48 (quoting Unite>d
States v. O'Brien, 391 U.S. 367, 383.84, 86
S.Ct. 1673, 20 L.Ed.2d 672 (1968».
Most importantly, we disagree that the
ordinance's content.neutrality is affected by
the city's reliance on studies utilizing slightly
GRAHAM & JMlliS
21216 389 171218
If{,JUU~
(
Page 3
cIisaimilar In>øU>asoes. M the Ei¡¡hth Circuit
IIQted in a C8I8 NDlS!'kably s1milar to this ODe,
examining the aimilarity of the bu&ínesses
utilized in the studies relied on tD the
busiœssea reflllated in detenniniJli an
ordiIwIœ'& content-neutrality "confUses
d1stiDct aspects of the City of Renton test."
ILQ II1vesbnent., Inc. v. City of Rochester, 25
F.3d 1413, 1416 (8th CIr.), celt. denied, 513
U.S. 1017, 115 S.Ct. 578, 130 L.Ed.2d 4093
(1994). The district court'. inquiJ'y mIL)' well
be relevant in detarmWng whether the
ordinaJIce Is "narrowly tailored to regulate
only those adult uses shown tD he"e caused
advene secondary eft'ec;ta" under Renton. Li.
at 1417. But where, as here, the &tudies relied
upon adequately support the city's purpose in
enac~ the ordinance..regulating the
harmful secondary effects 8S&Ociated with
sexually oriente>d businesse...the
go"ernment'. regulation of suoh businesses i.
"justified without reference to the content of
the regulated speech." Rock Against Racism,
491 U.S. at 791 (empha&i. in original). Thus,
we are satisfied that di1fer8nces in the mode of
delivety of se tU8]ly oriented materials are
constitutionally iJlSigrlificant for purpo¡;e. of
determinin& an ordiNU>C8'S content.neutrality.
See Renton, 475 U.S. at 49 ("(WJith respect to
bWlinesses that purvey sexually e¡tplicit
materials. zoning ordinances designed to
combat the undesirable secondary effects of
suoh bu.oinessel are ... 'content-neutral.' ")
(emphasis added). The city need only rely
upon "evidenee ... reasonably believed to be
relnant to the problem that the city
addre_s." Li. at 51.52 (emphaøis adcied). If
the city can &how that the ordinance affects
"that category of [businesses! shown to
produce the unwanted secondary eft'ects," id.
at 52, the ordinanœ will stBDd. So lone as
cities d.o not use "the power to zone as a
pretext for suppressing expre6lÏon, "id.. at 54
(citixl¡ Young, 427 U.S. at 84 (powell, J.
concurrin&'». attempts tD regulate the adverse
etrects associatM with sexually oriented
businesses are properly classified as content.
neutral.
~
.4 Given the uncontro"erted oexual nature
of Z.J. Gifts' busineBS. we are convinced the
city has met ito burden. The record indicate.
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several of the studies examine the effects of
adult businesses or aexua1Jy oriented
businesses generallY. Si¡püficant!y, at least
three of these atudies examine the ef£ects of
adult bookstores on S\I1TOw>dinII comxnunities.
IFN1] Although. Z.J. Qifts arElles &lid
attempts to prove th.at all other adult
bookstores provide soxne ronn of on-premiseS
viewing or eexua11Y eJCPlicit material&, see
Aplee. Br. at 13, 16, 22, n Aplt.App. at 344
(Jackson eff'), we thi:nJr. the record fully
supports the city's regulation of sexually
oriented businesses provicl1ni both on- II%Id. off-
site viewing of sexually exp1ici.t materials.
Properly analyzed a. .. content.rwutral
regulatio1l, Aurora's zoning ordinaJ¡œ
surviv811 constitutional scrutiny, and the city
'. '- ia entitled to relief, if the city can establish
the ordinaJtœ is narrowly tailored to serve a
sign!ñcant goyenunental interest and leaves
open axnple alternative cha11JIels of
communication. See RentoD, 475 U.S. at 45;
Rock Against Raciam. 491 U.S. at 791; Clark,
468 U.S. at 293. The district court, however,
analyzed the ordinanCe under the test set out
in O'Brien. 391 U.S. at 377. O'Brien provides
that content-neutral regulations having an
incidental Unpact on expressive conduct are
constitutional if they further an important or
substantial goverrunental interest and restrict
First AlnendDlent freadoD1S no greater than
essential to further the interest. See id. We
Mad not choose between the two tests,
howevar, because the O'Brien analysis "ia, in
the last analysis, ... little, if any, different
from the standard applied to time, plac8 or
¡nanner restrictions." Clark, 468 U.s. at 298.
Re'View of the record and the lepl principles
which govern th8 city's claims indicates that
the city prevails under either &tø.ndazd.
\t)l
Z.J. Gifts does not in any real sense question
the substantiality of Aurora's interests in
preventin& crime and clise888, protectiDi"
property values, and preservi.na' the quality of
life of the city's residents. Inð.eed, the district
court recognized that the city had
demDnstrated "the legitimaCY of its conœrn"
regarding' adult uses which provide on-site
adult entertaimnent, but not to those which
provide adult materials for off-site
Page 4
consumption. See Z.J. Gifts, 932 F.Supp. at
1257-58. As noted earlier, this ~tion is
constitutionally irrelevant in determiJ>ing
whether Aurora'i interests are important or
substantial, paxticularly in light or the Court's
strong statexnents regarding the ¡overrunent's
interest in regulat.ini such businesses in
Young and Renton. Our analysis of Aurora's
interest in regulatiDg sexually oriented
businesses thus remains unaffected by the
district court's distinction between off.site and
on.site 'Viewing of se:ro.ally explicit materials.
\ @)
'5 To the extent Z.J. Gifts argues that the
city has not "demonm-ateldJ that the recited
harmS are real, not merely corijecturs.l,"
Turner, 512 U.S. at 664, we disa¡ree. Aurora
need not wait for sexually oriented businesses
to locate within ita boundaries, depress
propertY values, ir=eue crixne, and spread
aexual!y trtmainitted disease. before it
regulates those busine.lI8s. It may rely on tbø
e>q>erience of other cities to detenl1Ïne
whether the harms presented by ee=ally
oriented businesses are real and should be
regulated. See Renton, 475 U.S. at 51-52. In
other words, the city may control a perceived
risk through regulation. The Court has long
held, and we agree, that Aurora's stated
govenuneJltal interests in circuxnscribi21g the
adverse secondsry effects of 8QXU8lly oriented
businesaes "must be accorded high respect."
Rento1l, 475 U.S. at 50 (quoting Young, 427
U.S. at 71); ILQ Inyestments, 25 F.3d at 1416.
Similarly, Z.J. Gif\s cannot dispute that
Aurora's ordiJu¡¡¡ce allow. for reasonable
alternative aYenuea of communiution.
Sexually oriented buainesaes may locate
within the city's industrial zones, which
comprise approx:i.mately 10.9 perçent of the
city's area. See I Aplt.App. at 120.
Appro¡Ó.lIlB.tely 3,200 acres of this lando-fully
3.6 percent of the city's total area-are located
near existing water and sewer services. See
id. Thus, Z.J. Gifts is left 'With more land on
which to relocate thBIl wa.& found to be
adequate in Renton and its progeny. See, e.g.,
Renton, 475 U.S. et 53 (five percent of clty's
land "in all stages of development from raw
land to developed, industrial, warehouse,
office and shopping space" available); S & G
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News, be. v. City of Southgate, 638 F.Supp.
1060, 1066 Œ.D.Micl1.1986>, 81f"ð. 819 F.2d
1142 (6th Cir.I987) (2.3 percent of city'. laDd
available); Lakelancl Lounp of Jackson, Inc.
v. City of Jac1c8on, 973 F.2d 1255, 1260, 1262-
63 (5th Cir.1992) (majority opiJliOn and PoUtz,
C.J., díssentiIlg), celt. denied 507 U.S. 1030,
H3 S.Ct. 1845, 123 L.Ed.2d 469 (1993) (1.2
percent ofc1ty's land. available).
Z.J. Gifts' only ",mainine argument ia that
Aurora's zoning provision ia not narrvwly
tailored to further the intere&t8 asserted- Sae
Renton, 475 U.S. at 52-53; O'Brien, 391 U.s.
at 377. The clíatrict court held that Aurora
had "far leal restrictive means of aclúevín&
[ita] purpose with respect to a buliness like
Christie's [which provides only ofl'-&ite viewiJ>(
... of adult materialS! than [s] zoning proviaion
that would require it to relocate ..." Z.J. Gifts,
932 F.Supp. at 1260. We beUava the district
court constr\>.ed the narrow tailoring inqujry
too narrowly, and held Aurora to a far more
stringent standard than requjred by Renton
- and O'Brien.
86 The district court derived its "least
",strictive means" langua¡'e frolD O'Brien,
which stated that an incidental restriction on
free speech should be "no greater than is
essential to the furtherance of [the] interest."
O'Brien, 391 U.S. at 377. In recent cases,
however, the court elaborated on O'Brien,
. explicitly holdin¡ that time, place or manner
repationll on protected speech must be
narrowly tailored, but "need not be the least
restrictive or least íntr\IIÍY8 means of doin¡
so." Rock Against Raciam, 491 U.S. at 798.
Instead, "[1]0 loJ>( as the means chosen are not
substantially broader than nece888!Y," an
ordinanCe is nan-owly tailored If the
regulation "promotes a aubstantial
governmental interest that would be adúeved
less effectively absent the re¡ulation." Id. at
799, 800; see ILQ Investments, 25 F.3d at
1417.18.
This readine' of O'Brien 's I\IIl'r'O19 tailoring
inquizy harmonizes with that craf\ed by the
Court in Renton. In re¡u1atin¡' the harmful
effects of sexually oriented busine568S, the city
need not address all the potential problems
GRAHAM & JAlll::S
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created by adult buA!ne568s at once. See
Renton, 475 U.S. at 52.53. Nor Is it limited to
one method of regulation over u>other in
attempting to curb harmful secondary effects.
See id. at 53 ("Citie. may regulate adult
theaters by diepersing them ... or by
effectively co~ellÙ'atin& them.."). Instead,
Renton's consititutional framework grants
the city broad discretion to chDose the means
and scope of ita regulation of eexuslly oriented
busìne.ses.
The Court's interpretation of the narrow
tailoring prong in time, place and manner
analyses reco¡nizes the judic:iary's limited role
in reviewiJ>( content.nautral limitations on
speech. "It is not {the court's] function to
appraisa the wildom of [the city's! decisíon{.]"
Renton, 475 U.S. at 53 (citin& Young, 427 U.S.
at 71). Inatead, because le¡islative bodies ere
entitled to "reasonable inferences" suggested
by the legislative record before them, see
Turner, 512 U.S. at 666, the court simply
detennines whether the ordinance, as
promulgated, "affects only categories of
businesses reasonably believed to produce at
least lOIn. of the unwanted secondary effects"
the city seeks to regulate. ILQ Investments,
25 F.3d at 141B. If 50, the court'. review Í8
coInplete, and it may not substitute its own
judgment for that of the legislature, usurpin£'
the legislative bocly's policy-making ~tion.
Where the legislative record. validates the
legislature's jlldgllu!Ut, our obliption to
exerciJle independent juclgmen1 "is not a
license to ... replace (legislatbre] factual
predictiOnil with our own." Turner, 512 U.S.
at 666. Courts mUlt allow cities like Aurora
"nasanable opportunity to experiment with
IOllltions to ad¡nittedly ""rious proble¡n.s."
Young, 427 U.S. at 71 (emphasis added).
.7 In invalidatin& Aurora'. reasonable
le¡islative choices, the district court exceeded
the limits imposed by Renton and O'Brien-
Unlike other zoning provisl.ODII held
UJlCQnstitutional, Aurora's ordinance do.. not
attempt to regulate \)uaineue. which have a
min1mal or no~ connection to ..~
oriented ent.erta.imnent. See, e.g., Schad v.
Borough of Mount Ephraim. 452 U.S. 61, 74.
77, 101 S.Ct. 2176, 6B L.Ed.2d 671 (1981)
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04/0~_~8_~ 1~41_FA:J. 2~~J~_I'UO-
ul'AWW '" ~^""'~
"""0 ",,0:> ., '-'0
(invalidating ord.inanœ prohibiting all live
entertainm8nt within city's limits); Faraone
v. City of East Providence, 935 F.SuPP. 82, 88-
89 (D.ILI.1996) (granting preliminazy
injImction Blrainst enforcemønt of ordiJlanCe
prohibiting rental of "adult oriented x.rated"
videotapes 0" holidays and Sundays by
bu&inesaee havixlg only ten percent x-rated or
adult oriented videos in total video rental
inventory); World Wide Video v. City of
Tukwila, 117 Wash.2d 382, 816 P.2d 18, 21
(Wash. 199 1) (en bane), celt. denied, 503 U.S.
986, 112 S.Ct. 1672, 118 L.Ed.2d 391 (1992)
(invalidatin¡ ordinance regulating sexually
oriented bUlÌll8-s, defined to include
businesses with ten percent or more of their
stock in trade coJISiStiDg of sexually orientA>d
merchandise). . Nor does the city seek to
'- justify its actions with a completely barren
legislative record. See, e.g., Discotheque, Inc.
v. City Council of Augusta, 264 Ga.. 623, 449
S.E.2d 608, 609-10 (Ga.1994) (=
judgment improper in favor of City where City
produced DO probative evidence of experience
of other municipalities regarding negative
secondary effects of sexually oriented
businesses); Q¡1etgles v. City of Columbus,
264 Ga. 708, 450 S.E.2d 677, 678 (Ga..1994),
celt. denied, 514 U.S. 1083, 115 S.Ct. 1794,
131 L.Ed.2d 722 (1995) (same). Instead,
Christie'a, and buaineases like it, are
indisputably sexually oriented bu.sines&es-
specifically, "adult bookstores" as defined by
the ordinance. See Aurora Mun.Code § 32.5-2
(adult bookstore møanB 'a commercial
establishment whicl1 devotes a significant or
substantial portion of its stock.in-trade ..- to
the ¡¡ale, rental or viewing ..- of books,
magazineS, periodicals, ... funs, motion
pictures, video cassettes, ." or other visual
representations of 'specified sexual
actïvitias' or 'specified anatomical areas.' O); 1
Aplt.App. at 263-75 (Inventory list for
Christie's); id. at 119 (Anderson aft). The
legislative record before the city fWly
supported the eity'. concerns regarding the
negative secondary effects caused by sexuallY
oriented bUlÌll8sses, such as decreased
property values and increased crime, which
were precisely the problems Aurora sought to
regulate by enacting the ordinance. See 1
Aplt.App. 124-26 (Preamble to Aurora
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(Cite as: 1998 WL 61279, .7 (10th Clr.(Colo.»)
Page
6
Mun.Code § 32.5). In short, even if, as Z.J.
Gifts claimS, Christie's is "a new type of adult
bU6ineRs, it may not avoid time, place end
manner reøulation that baa been justified. by
studies of the &eCondary effects of reasonably
similar businesses." n..Q Investments, 25 F.3d
at 1418 (footnote omitted).
.8 On this record, Aurora's ordinance
satisfiei Renton and O'Brien. as it promotes
the city's weU-eatabliahad interest in
regulating harmful secondary effects cauaed
by sexually oriented businesses reasonably
similar to those studied by other
municipalities without unnecessarily
regulating dissimilar businesses. We
accordin¡¡ly REVERSE the district court's
judgment. On REMAND, the district court
shall vacate its judgment and conduct further
proceeding. consistent with this opinion.
FN\. So< 1 Apll.App. &L 158 (summary of Gardon
GroYo. Caüfomia land use sludy ~iewin¡¡ impael
of adul\ businco."); ¡d. al 161 (summary of
Auotin, To><u land use study r<Yiewin¡¡ crime ~,
property yalu... and trade aru characteristics for
arc.as lurT'Ounding adult boo\(¡lOr<. tJ\e&t<:r. and
IOpl..s bar); ¡d. al 162 (.ummary of Olclahoma
Cily, Okl&hOloa Iludy o..mining .ffea of adult
boo..IOr< on propetty values and crime): id. at
163 (.ummary of IndianapoÜ3. Indiana study
c..minin; the effoclli of a""ually orionled
busin...'" on crime raloo and propen.y values in
lurrounding ar...; rc:por\ concludes that "Oyon
rcl&tiyo1y ... passiye use [II luch as ... adull
boOkstorot'\ ... haye a ,erious negative c!foot on
!heir immodiato onyirons."r. id. at 166 (aummary
of Minneapolis. Minnesota land ule rcpon.
concluding "oo..-trations of suually oriented
bulinesl.. havo [II ligoifianl relationship 1.0 higher
crime and lower property yaluca. '); ;d. al 168
(aummary of Whi11ier. Califomia study of off""" of
IOxually oriented busin...soo. including CWO adult
bool<sLora. on surroundin¡¡ reaidontiol and
..,mmoreia. arcaa); ¡d. at 169 (aununa.,. of
Amarillo, To..s lLudy of adull businellOl. includin¡
"booltsto.... .., with publications f=1uring nudilY
and ootplioil .""ual activit!": "".duding thaI .uch
business" I""d Lo incrus.. in ""eeL orimo).
END OF DOCUMENT
~~
25 F.3d 1413
(Cite as: 25 F.3d 1413)
<KeyCite YeUow Flag
\f'Y
ILQ INVES'l'MENTS, INC., a Minn8õOta
corporation; Exca1ibur Group, Inc., a
Minnesota corporation, PlainWü.AppeUees,
v.
CITY OF ROCHESTER, a municipal
cozporation, Defendant-Appellant.
No. 93.1926.
United States Court of Appeals,
Eighth Circuit.
Submitted Dec. IS, 1993.
Decided June 15, 1994.
Owner oC 8.11. adult bookstore brought action
challenging constitutionality of zoning
" ord.inanœ defining and restricting location of
'. adult Ktablishment uses. The United States
District Court for the District of Minnesota,
Rkhard H. Kyle, J., 816 F.Supp. 516, granted
prelimimay il\iundÏon against enforcement of
ord.inance and city appealed. The Court oC
Appeals, Loken, Circuit Judge, held that: (1)
ord.inanœ was content-neutral; (2) city
properly relied on studies conducted by other
cities as to adverse secondlll)' effects of adult
entertainment; and (3) plaintift'was not likely
to prevail on merits of claims that onliname
was impermissibly vague or impermissibly
broad.
Rev~d.
[1] FEDERAL COURTS OÞ 815
170BkB15
District court's grant of preliminary injunction
is reviewed Cor clearly erroneous factual
determination, error oC law, or abuse of
discretion. 28 U.S.C.A. § 1292(a)(1).
[lJ FEDERAL COURTS OÞ 862
170Bk862
District court's grant ofprelimilta:ry injunction
is reviewed !or clearly erroneous factual
determination, error' of law, or abuse of
discretion. 28 U.S.C.A. § 1292(a)(1).
[2] CONSTITUTIONAL LAW <'Þ 90.4(1)
If
Page 17
,,~u.4(1)
OrdinaDœ re6tricting location of adult
establi&hment uses, whicll did not ban adult
entertainm8D1 uses from city, would be
analyzed as fonn of túne, place, and manner "*
regulation. U.S.C.A. Const.Amend. 1.
[3] CONSTITUTIONAL LAW <'Þ 90(3)
92k90(3)
Time, place, and manner regulations are
aoceptable if they are content neutral and if
they are designed to serve a substantial
governmental interest and do not
unreasonably limit altemative avenues of
communication. U.S.C.A. Const.Amend. 1.
[4] CONSTITUTIONAL LAW <'Þ 90(3)
92k90(3)
Regulation that serves purposes unrelated to
content of expression is deemed "content
neutral" even if it has incidental effect on
some spealten¡ or messages but not others.
U.S.C.A. Const.Amend. 1.
See publication Words and Phrases for other
judicial constructions and definitions.
[5] CONSTITUTIONAL LAW oþ 90.4(1)
92k90.4{1)
If time, place, and manner ordinanu regulates
only buainesses selling sexually explicit
materials, ordinance is content-neutral if its
purpose is to lessen undesirable secondary
effects attributable to those businesses, such
as increased crime, lower property values or
deteriorating residential neighborhoods.
U.S.C.A. Const.Amend. 1.
(6] CONSTITUTIONAL LAW-~ 90.4(1)
92k90.4(l)
Zoning ordinance defining and restrict.ing
location of "adult establishment uses" was
content neutral; city targeted not content of
book store's materials bu,t anticipated impact
of adult buWtesses' òn their surrounding
communities. U.S.C.A. Const.Amend. 1.
[6J ZONING AND PLANNING e=- 76
414k76
Zoning ordinance defining and restricting
location oC "adult establishment uses" was
content neutral; city targeted not content of
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25 F.3d 1413
(Cite as: 25 F.3d 1413)
book store'. materials but anticipatad impact
of adult businesses on their SWTOunding'
co=unities. U.s.C.A. Const.Amend. 1.
[7] CONSTlTUTIONAL LAW eo- 90<3)
92k90<3)
To survive FIrst Amendment =tm.Y,
content.neutral regulation must be designed
to serve sUbstantial governmental interest.
U.S.C.A. Const.Amend. 1.
[8) CONSTITUTIONAL LAW <Þ 90.4(1)
92k90.4(1)
Regulations reasonably deaigned to curb
unwanted secondary effects of sexually
oriented businesses lIe1'Ye substa:nti.al
governmental interest. U.s.a.A.
Const.Amend. 1-
'- [9J CON&ITI'UTIONAL LAW - 90,4(1)
92k90.4(1) ,
In identi!yiDg and measuring second.uy effects
of sexually oriented businesses, city may 1'81y
upon &tudies or evidence ~ated by other
cities so long as that evidence Is reasonably
believed to be relevant to problem that city
addresses.
:i
[10] CONSTITUTIONAL LAW <Þ 90.4(1)
92k90.4(1)
City in enacting IOning ordinance cIefuúng
and restricting location of adult' eotablishmen1
uses was not required to disregard studies
conducted by other cities as to adV81"B8
secondary effects of adult entertainment
buBine5&ll& on theolY none of the cities
evaluated sècond.æ'y effects of a bookstore '
offering nonadult as well as adult materials
and having no facilities for on."remises
consumption; city was not required to prove
tnat bookstore in question would likely have
exact oame adverae effects on its surroundings
as adult businesses involved in other studies.
U.S.C.A. Const.Amend. 1.
[11] CIVIL RIGHTS - 268
781.268
Owner of adult bookstore was not likely to
prevail on merits of claims that zoning
ordinance defining and. reltrieting location of
adult establishment uses was impermissibly
va¡¡ue in classifying busíneBS as adult
GRAHAM & JAMES"-
2136 389 17138
lí!IUUJ
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Page 18
ov'j .l.-II\ \ h u-'
bookstore if "subotantial or sî",,;Lm I/'" \J
portion" of its merchandise was sexually
expliClt, or on theolY that ordinance was
ilnpermissibly bNad in that term "adult
estabJisb¡nent" Uu:luded businell8es that
~otterea. any entertamment cha:ractemed by
emphazis on &exually explicit activity;
acCOrdingly preliminary i1\i~tion against
enforcement of ordinance should not have
been granted. 28 U.S.C.A. § 1292(a)(l);
U.5.C.A. Const.Amend. l.
[11] ZONING AND PLANNING <Þ 573
414k573
Owner of adult bookstore was not likely to
prevail on merits of claims that zoning
ordinance definiJ>g and reøtrietine location of
adult establishment uses was impermissibly
vague in classifying' business as adult
bookstore if "substantial or signífii:ant
portion" of ito merchandise was sexually
explicit. or on theory that ordinance was
impennissibly broad in that term "adult
establishment" included businesses that
offered any entertainment characterized by
emphasis on sexually explicit activity;
accordingly prelìminarÝ i1\iunction against
enforcement of ordinanCe should I1Dt have
been granted. 28 U.S.C.A. § 1292(aX1);
U.S.C.A. Canst.Amend. 1.
.1414 James J. Thomson, Minneapolis, MN.
argued, for appeUant.
Randall D.B. Tigue, Minneapolis. MN.
argwod,!or appellee.
Before LOKEN, Circuit Judge, HEANEY.
Senior Circuit Judge. and HANSEN, Circuit
Judge.
LOKEN, Circuit Judge.
R.ochðster is a city of 75,000 people in
southern'Minnesota. In April 1988, Rochester
enacted ()zodjname No. 2590, a zoning
ordinance that defi.nea and re>stricts the
location of "adult establishment useS." In this
case. the district court has preliminarily
eI\Íoined. enforcemeni of Ordinance No. 2590
aialnst a newly-opened adult bookstore in
.1416 downtown Rochester. See ILQ Iñvs..
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<Cite as: 25 F.3d 1413, 81415)
,
Inc. v. City of Rochester, 816 F.Supp. 516
(D.MiDn.1993). ConclwWl¡ that Ordinanœ
No. 2l.í90 will ahnost certainly survive
~nstitutional chaIlenp under City of Renton
v. Pl&vtime Theatre¡. Inc., "5 U.s. 41, 106
S.Ct. 925, 89 L.Ed.2d 29 (1986), ...e reverse.
L
In the aummer of 1992, appeUees lLQ
Investments, Inc., and Excalibur Group, w.
(collectively "ILQ"), opened Downtown Book
and Video on tIw main t1oor of a commercial
. \ b~. dill( in premise6 previously occupied by a
At> retail china Ihop. DowntoWJ1 Book and Video
'\ rlfJ se¡regates forty J e!' cent of its flOOr'lIp8C8 into
~ an adultsoQJÙy area ælling aexual1y explicit
~. books, maRaZines. and novelty Items that
account for fifty J)8.! cent of the &tore's total
c;-.J " 8&les. The store has no facilities tor on-
15 / pre¡;;r..s Vlewmg of these sexually explicit
~ . materials. .
On August 7. 1992, the Zoning
Administrator issued two Notices of Violation.
The fint advised ILQ that it violated I 61.111
by changiDg the U&e of the property without a
zoning certificate. IFNl) The second Notice
frames the issues for this appeal It informed
ILQ that Downtown Book and Video was
violating Ordinance No. 2590 because the
store is an "adult bookstore" (FN21 and an
'adult establishment" [FN3] that is located
Wlth1n IOU reet ot a . youth racillty," In"4] the
lWchellter PUbl1c Llbrazy. Both Notice.
õrdered the violations discontinued but rave
ILQ ten days to appeal the Zoning
Administrator's decisions.
1'N1. Roeheller rc:quÍlCl A _ins cerû6e&1c
'before ... .. cxiJting use is wnged or modi6ed
10 .. 10 Alter !he "'a~ of i.. occupancy.'
RoeheRle¡' Cade of Ordin&nCCl § 61.111.
JON2. An 'adull bookllo",' il A -bUline.. cnga¡;ing
in Ibe ... ..Ie of Ite"" consillin, of prinled m&Uct
[de.) ... Ü a lulllwuÎ&I or ligniracam poRion of
.uch komi are dilûngullhcd or char&eterized by an
empbasl.s on lb. depóction or dClcriplion of
'I'-Wed 1C1ua1 aotiyiû,,' or 'Ipccified 8JWOmical
areal:. Roeheller Code of Ordinances § 60.4012.
The ordin&nCCl include detailed de6nitions of <he
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lenn. '.peeir..,.¡ loxual acti-iti"". and 'apecmod
analOlnÌOll aRou.' See Roehcater Cod. of
Ot<lÍft&nccl1§ 60.4642, 60.4643.
JON3. An 'adul1 Cllablishnu:nt' includes an 'adult
bookstore' and 11 aIIo øcncraUy defU1ed u '..y ...
buaiDcu which ofTen I.. po""nl IO"'¡", or
etlterllinmcnl ebar&ClCriZoOd by an cmphuis on
mauu dcpicIÙI¡, ox >OJling. -crining, disc.OIin¡;
or rclalÏn8 10 lpe<:ificd lexual ac:Uylti.. or a.-Iii...
uwomi",, arc&1.' Roohcoter Code of OrdinanCCl I
60.4015.
PN4. A 'youlh facility' is a .public playground,
public ...unming pool. pubtic libl'al)'. or Ucensod
day..", facility.' Roch..ter Code ofOrdlnanCClI
60.4795. 'AII adult ostablilbmont us.. .hall be
localed nOl I..s than 750 feet from any l'CIidenûal
disuicl boundary, Crom any churoh, from any
Ichool. or from Any youLh facility, In addition, no
adull establilhment use may be ¡0,,"1ed ",ilbin 750
feel of anoLller adult C8tabli.hmcnl UIC.. Roeh..ler
Code ofOldi..nc"" § 65,720.
ILQ appealed to the Zonin&' Board of
Appeals and then to t1w Rochester Common
Council.. Both held pu.blic hearings, made
detailed findings of fact and conclusions of
law, and upheld the Zoning Administrator'.
decisions. Foregoing judicial review in &tate
court, ILQ commenced this 42 V.S.C. § 1983
action, seeking declaratory and iDjunctive
relief on the ground that Ordinanu No. 2590
violates ILQ's First Amendment and due
process rights. '
The district cOurt granteâ a preliminary
iJVunction, e1!jolning the City "from talC.ng
any action, civil or criminal, to ellforee the
provisiolUl of Ordinance No. 2950 against
[ILQ]." The court concluded that ILQ illikeJ,y
to succeed on the merits of its constitutional
chalJ.e¡¡ge because the definition of "adult
bookstore" is impennissibly vague, and
beca:uae Hochester was unreasonable in
~n other cities' studies to justify both
the breadth of Ordinance No. 2590 and its
application to Downtown Book and Video.
ILQ is irreparably harmed by this chilling of
its Fir&t Amendment rights, the court
reasoned, and the balance of harms and public
interest 8\lpport preliminary iI\ÍUIlctive relief.
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(Cite as: 25 F.3d 1413, 81415)
See Dataphase Systems v. C.L. Systems, Inc.,
640 F.2d 109 (8th Cir.1981) (en baDe).
[1] Rochester appeals this preliminary
injunetion, chà1langing only one prong of the
district coUl't's pre1iminary m,¡unction
moalysis-whether JLQ is Ulœly to succeed on
the .1416 merits of its constitutional claims.
We have jurisdiction to review the grant of a
preliminazy iD,junction. See 28 U.S.C. §
1292(a)(l). We review for a clearly erroneous
factual detennination, an en"Qr of law, or an
abuse of discretion. See West Pub. Co. y.
Mead Data Central. Inc., 799 F.2d 1219,1222-
23 (8th Cir.1986), cert. denied, 479 U.S. 1070,
107 s.Ct, 962, 93 L.Ed..2d 1010 (1987).
n.
\ '
" ,
[2)[3J ILQ does not alla¡e that Ordinance No.
2590 effectively bans adlÙt entertainment
uses from Rochester. Therefore, this zoning
ordinance is "properly analyzed as a form of
time, place, and manner regulation." City of
Renton, 475 U.S. at 46, 106 S.Ct. at 928.
Time, place, and manner regulations are
acceptable if they are .content-neutral; and if
they are "designed to serve a su.b.stantial
governmental interest and do not
unreasonably limit alternative avenues of
communication." Id. at 4.7, 106 S.Ct. at 928.
Applying this test, we have recently upheld
similar ordinances enacted by the citiu of
Little Rock, Arkanaaa, - ADlbassador Boola;
& Video, Inc. v. City of Little Rock, 20 F.3d
858 (8th Cir.1994); Ramsey, Minnesota, see
Hohnberg v. City of Ramsey, 12 F.3d 140 (8th
Cir.1993); Minneapolis, MinMIOta, -
Alexander v. City of Mi1meapolis, 928 F.2d
278 (8th Cir.1991); and St. Louil, Missouri.,
see Thames Ent., Inc. v. City of St. Louis, 851
F.2d 199 (8th Cir.1988). See also SDJ, Inc. v.
City of Houston, 837 F .2d 1268 (5th Cir.1988),
cut. denied, 489 U.S. 1052, 109 S.Ct. 1810,
103 L.Ed.2d 579 (1989).
[4][5] In applyÏJ\g the City of Renton test, the
tint task Is to detenDÏJIA whether the
ordinance is "content.neutral." This is a term
of art. "A regulation that serves pwposes
unnlated to the contem of expression Is
deemed neutral, even if it has an incidental
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effect on some speakers or meaaages but not
others." Ward v. Rock Against Racism, 4.91
U.s. 781, 791, 109 S.Ct. 2746, 2754., 105
L.Ed.2d 661 (1989). Thu.s, even if a time,
place, and manner ordinance regulates only
buainesilli &IIlling sexually explicit materials, I
the ordinance is content-neutral if its purpose \ "V
is to Jessen undesirable secondaxy effects. Þ
attributable to those businesses, such as )..,
increased crime, lower property values. or
deteriorating residential neighborhoods. See
Holmberg, 12 F.3d at 143; Doe v. City of
Minneapolis, 898 F.2d 612, 617 (8th Cir.1990).
[6] ILQ argues that Ordi:nam:e No. 2690 is
not content-neutral because Rochester has
failed to prove that the City's adult businesses
çause adverse ieCOndary effects, ~
=nt impennissibly confuses dIstinI:t
cts of the CIty 01 ttenton test. Content
neutrality focuses on the City's purposes in ./If-
enacting the ordinance. Ward., 491 U.S. at
791, 109 S.Ct. at 2754. Here. it is clear that
the Common Council targeted not the content
of Downtown Book and Video's materials, but
the anticipated impact of adult businesses on
their surrounding communities. On this
record, Ordinance No. 2590 is indisputably
content-neutral.
[7][8][9] To survive First Amendment
scrutiny, a content-neutral regulation must be
"designed to serve a substantial governmental
interest," City of Renton, 475 U.S. at 47,106
S.Ct. at 928. Regulations reasonably designed
to curb W\wanted &eCQndaI'y effects of semally
oriented businesses serve a substantial
governmental interest. See id. at 50, 106
S.Ct. at 930; Holmberg, 12 F.3d at 143. In
identi1YÍlIg and me8S1lli:ng such secondary
effects, a city may rely upon studies or
evidenu generated by other cities "so long lIS
[that] evidence '.. is reasonably believed to be
relevant to the problem that the city
addresses." City of Renton, 475 U.S. at 61-52,
106 s.Ct. at 931; &lie also Ambassador Books
& Video, 20 F.3d at 862. The legis1ative
histo:y of Ordinance No. 2590 demonstrates
that the City has latisfied thil element of the
City of Renton standard.
In February 1987, the Common Council
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became concemed about two adult bookstores
located acrolS from each other in downtown
Rochester 81Id cI.irectecI. tba Plamrlng
Commission to stucl.y the effects of adult
entutainment use&. On March 2, 1988, the
PlanniJIg Department publisbacl tha reaults of
its study in a report entitled" Adult
Entertainment: Land Ule 81Id Legal
Perspectives." This report cl.iscussed the
relevant leial iasues and. precedents 81Id
&WIUIIlIrizecI. 81417 studi8li of the adverse
&eCO~ effects of adult entertaimnent
businesse8 conducted by other cities, including
Mim1ea,polis and St. Paul. The study
concluded;
a) A considerable number of communities
throughout the nation have studied the
iJIIpacts which adult entertainments have on
the areas surrounding them.
b) These studies have concluded that adult
entertainment uses have an adverse impact
on the surrounding neighborhoods.
c) Residential nøi¡hborhoocl.s in proximity to
adult uses suffer adverse effects including
iN:reased crime rates, lowered property
values, anc1 increased transiency.
cI) Values of both commercial anc1 residential
properties are diminished when located in
proximity to adult entertainment
businesses.
e) The adverse impact on commercial areas
is inaeased by the presence of more than
one adult entertainment use in close
proximity to another adult entertainment
use.
f) The impact wlùch an adult entertainment
use has on the surrounding area appears to
lesaen as the distance from the adult
entertainment use i1Iereases.
g) Reasonable .time, place 81Id manner"
restrictions wlùch addre.. the .secondary"
impacts of adult entertainment uses are
constitutional1Y permiasible.
After conducting a public hearine, the
Planning Commission adopted detailed
findings and. conclusions, includin¡:
6. The concerns which have ptOmpted public
hearin¡8 in this city are similar to the
concerns wlùch motivated. the commUJÚties
of Indianapolis, Indiana; St. Paul,
Minnesota; Phoenix, Arizona; and Seattle,
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Waahington to undertake their studies of
adult entertainment U88&; con&equently. the
results of those stwiie. are relevant to the
existing or foreseeable impacts which sucl1
uses can have on the areas surroWlliin&"
them in this city.
7. The concentration of adult entertainment
uæs in commercial areas or the location of
adult entertainment uses in close proximity
to residential uses, churches, parks and.
schools will result in devaluation of property
values and decreases in commercial business
sales, thereby redUCÏJl¡' tax revenue. to the
City anc1 adversely impactin¡r the economic
well-being of the citizens of this City.
8. Location of adult entertainment uses in
proximity to rasidential uses, churches,
parks, schools, bars, and other adult
entertainment uses very likely would lead to
inueased level. of criminal activities,
including prostitution, rape, assaults, and
other sex-related crimes in the vicinity of
such adult entertainment uses.
At its April 18, 1988, meetin&", the Common
Council took up the Conunission's
recommencl.ation that the City amend its
zoning code to restrict the location of adult
establishment uses. The Council reviewed the
Planning Department study and heard
testimony by. the Planning Department.
Planning Commi.osion, and local residents.
After finding that other cities' studies "are
relevant to the existing or foresøeable impacts
which such uses can have on the areas
lIWTOunding them in this city," the Council
adopted Ordinance No. 2590.
[10] Despite this thorough legislative
proceas, tha district court concluded that the
City was unreasonable in relying upon the
other cities' studies because they did not
specifically address businesses similar to
Downtown Book and Video, that is, adult
bookstores "that offer both sexually explicit
anc1 non-sexually explicit materials 81Id allow
only off.pn¡DlÌBØS consumption of those
materials. . ILQ urges us to uphold this
ruling, assertin&" that, for this reason,
Ordinance No. 2590 is not "narrowly tailored
to regulate only those adult ,*,s shown to
have caused adverse secondary effects. "
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ILQ argues that Rochester was
constitutionally required tD dilll'8gan:1. these
studies because none evaluated the II8COndary
effects of a bookatore offering non-adult as
well as adult materials and having no
facilities for on-premises consumption. That is
l &imply not the law. "[Tlhe nquirement of [11] The district court also concluded that
nan'Ow tailoring is satisfied 'so long as the ... ll..Q will likely prevail on the merits of two
regulation promotes a substantial government other constitutional claims: first, that
interest that would be achieved less effectively Ordinan<:e No. 2590 is impermissibly vagu.e
absent the regulation.'" Ward, 4.91 U.S. at becau.se it classilies a businesa sa an adult
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~,
25 F.3d. 1413
(Cite as: 25 F.Sd 14.13, 81411)
The leg1slative history of 0rd1naDœ No.
2590 does not support the cIistrict court's
conclusion. The studies the Common Council
found relevant to Rochester's problems
identified and messured adverse secondary
effectsj;nlr-" tn Adult businesses generaJ.1y-
higher crime, neighborhood deterioration,
~wer moÐSrtY values, and an increase in
~ien1s--as well as Bdvp.rse AA<:ondA'Q' pfFpcl:&
81418 ~ally attributable to adult
bookstore-:
. The Indianapolis stud,. included a national
lIUl'Vey of real eatate apþraiaers. Of th8 607
responding appraisers, 80,*, crowd that an
adult bookstore would redw:e the value of
residential properties within one block. of the
site, and 72,*, opined that an adult bookstore
would reduce the value of commerci.a.l
properties within one block. "This negative
impact dissipates markedly as the distance
from the site increases."
The St PAnl rludv included one
neighborhood in which 20% of the City's
adult entertainment establishments,
incluclin¡ the only adult bookatore, were
located. The documented secondary effects
included "discarded porno¡¡rs:øhic literature
allegedly found in the streets, sidewalks,
bu8beø and alley. near adult bu.siDeslSs.
Such literature is sexually very ~
even on the cover, and ... becomes available
to mino" even though Its sale to nunors IS
prohibited."
. The 8t. Paul study concluded th&t a
concentration of adult busine8&eS in one area
causes the greatest neighborhood problems.
"In many cities, adult bookstores and movie
theatres IU'S associated with the moot MOUS
land use problems. This pattern persist8 in
Saint Paul as well."
Page 22
799, 109 S.Ct. at 2758, quoting United States
v. Albertini, 4.72 U.s. 675, 689, 105 S.Ct.
2897, 2906, 86 L.Ed.2d 536 (1985). Under
City of Renton, Rochester need not prove that
Downtown Book and Video would likely have
the exact r.Am_) adverse effects on its
surroundings as the adult businesses studied
by Indianapolis, St. Paul. and Phoenix. So
long as Ordinance No. 2590 affects only
categories of buaines.es reasonably believed to
produce at least some of the unwanted
IiCCOndary effects, Rochester "mu&t be allowed
a reasonable opportunity to experiment with
solutions to admittedly serious problems."
Young v. American Mini Theatres, Inc., 427
U.S. 50, 71, 96 S.Ct. 2440, 2453, 49 L.Ed.2d
310 (1976) (plurality opinion).
Rochester relied upon studies that identified
specific adverse secondary effects attributable
to adult booksto",.. Th8 City l'8asonably
believed that evidence was relevant to the
problems addressed by Ordinance No. 2590.
Even if Downtown Book and Video is a new
type of adult business, [FN5] it may not avoid
time, place, and manner regulation that has
been justiñr-~~LÈ~_ß.~dies - of the secondary
effects of (reasonably similar busineues"') See
Holmberg, 12 F.3d at 14.3-44..
fl'/S. An affidavit by [LQ's prosident rceitcs that
"on-premi.... viowins booth.. oth.rwiao known as
'pcop shows' .". ar. an ab,olut. essentiAl
co,oponent. of the 70 adult bOOKSlO1'OS in 25 Slates
that h. h.. personally v..ited.
ll..Q does not argue that Ordinance No. 2590
unreasonably limits alternative avenues of
communication, the third prong of the City of
Renton test. Accordingly, on the preliminary
iIùunction record before us, we conclude that
this ordi.nance may validly be applied to
Downtown Book and Video under City of
Renton.
w.
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(Cite as: 25 F.3d 1413, 81418)
\ bookitore ü a "1Ubstantial or IIÌ~H;cant
~rtion" of its Ø1erc:handi&e ÍI sexually
~lícit; and second, that OrdiJw>c.e No. 259.0
is i.mparmissibI.y broad because the term
"adult eøtah1iohm..nt" includes a bUBÍJ'1818 that
offers any entertainment "characterizecI by an
emphaai.s" on sexually explicit activity.
Rochaoter argues that ILQ lacks standing to
raise thoo... c1aim8 because Downtown Book
and Vidilo is unquestionably an "adult .1419
bookstore" and an "adult establishment"
within the meanin¡' of Ordinance No. 2590.
See American Mini Theatres, 427 V.S. at 58-
59,96 S.Ct. at 244647; Parker.... Levy, 417
V.S. 733, 756, 94 S.Ct. 2547, 2561-62, 41
L.Ed.2d 439 (1974) ("One to whose conduct a
ltatute clearly applies may not IlUCcess!ully
challenge it for vagueness. O). ILQ replies that
" the impact of thi8 ordinance on Downtown
Book and Video is nonetheless W1Certain
because Rochester zoning officials refUse to
clarify what &mO1.1nt of sexually explicit
material will violate this criminal statute.
[FN6l Compare Kolender v. Lawson, 461 U.S.
352, 357.58, 103 S.Ct. 1856, 1858, 75 L.Ed.2d
903 (1983).
FN6. A violation of m= Rochelle< to.,;n ¡.
ordinan"". b a mi.dcmeanor ~u.,;.lIabk by up 10 a
$700 rUl. ""d 90 days in prison Cor each day or
violation.
On this record, we find ILQ's argument
unpersuasive. ILQ's First Amendment
interest is relatively weak- "there is surely a
less vital inter9st in the unmhibited
uhibition of material that is On the borderline
between pornography and artisüc expression
than in the free dissemination of ideas of
social and political significanee." American
Mini Theatres, 427 U.s. at 61, 96 s.Ct. at
2448. ILQ is not primarily concerned with its
right of free expression, or it would have
located Downtown Book and Video in an
unrestricted part of the City. ILQ is also not
primarily conœrned with the risk of criminal
prosecution, or it would have applied for a
change-of-u.se certificate rather than
confronting the City with an up-and-running
adult bookstore in the downtown area. Given
the City's properly substantiated interest in
G!tA.IiA.II '" ~ A.W:; ~
206 389 17øS
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these zoning re¡ulations, we see no reason
..~ ILQ abould not be 6Ubject to the same
tensions and uncertainties that zoning
re¡¡ulations typically impose upon othc..
legitimate enterpri.&ea.
Moreover, the portions of this detailed
ordinance that ILQ attad<8 are not devoid of
meaningful leeïsJ.ative 8tandards. The
limitin¡'tenn, °characterlz8cl bv an emphasis"
on the sexuall e licit which
aeterizes as overly broad, has beøn widely
construed since it was discusaed and uphøld in
the Supreme Court's 1976 decision in
American Mini Theatres. The limitin¡ term,
'substantial portion" -of a boobtore's
merchandise, which ILQ characterizes' as
impermissibly vague, appealS frequently in
..the United States Code. See, e.g., 42 U.S.C. §
~(,'The operations of an establishment
affect commerce ü a substantial portion of the
food which it eerves ... has moved in
commerce"). In these circumstances. we
conclude that ILQ's vagueness and
overbreadth arguments are not likely to
succeed. As the Supreme Court said in
American Mini Theatres, 427 U.S. at 61, 96
S.Ct. at 2448.
(TJhe only va¡ueness in the ordinanœs
relates to the &mO1.1nt of sexually explWt
activity that may be portreyed before the
material can be said to be "ch81'acterized by
an emphasis" on such matter. For most
films the question will be readily
answerable; to the extent that an area of
doubt exists, we see no reason why the
ordinance. are not "readily subject to a
nalTDWÌI\¡¡ construction by the state courts. "
<..
ILQ intentionally declined to present its
vagueness and overbreadth claims to the state
courts, choosing instead to bring these claims.
in the form of largely hypothetical
enforcement issues, in federal court. We think
the district court erred in concluding that
these claims are likely to prevail.
IV.
We conclude that the preliminary injunction
should not have been granted. ILQ is unlikely
to prevail on the merits of its First
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Amendment and due proceos claims and
therefore has failed. to prove that substantial
First AJoendment Interests are being
irreparably ÏI\jured. by Rochester's time, place,
and mø.nJ18r regulation of Downtown Book and
Video. The public interest Ï6 not served by
premature federal court intervention in
regulatory matWn of strong local interest.
Accordini'ly, the district court's order of
February 22, 1993, is reversed.
HEANEY. Senior Circuit Judge. concurs in
the result.
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ATTACHMENT (4)
EXHIBIT "A" - Resolution No. 98-268
EXHIBIT "B" - Resolution No. 98-270
EXHIBIT "C" - Transcript of April 7,1998 Hearing
EXHIBIT "D" - Criminal Activity from City of Bellevue
EXHIBIT "E" - Declaration of Herbert Hall
EXHIBIT" A"
RESOLUTION NO. 98-268
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RESOLUTION NO. 98-.22JL
A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF
FEDERAL WAY, WASHINGTON, IMPOSING A MORATORIUM
ON THE ACCEPTANCE OF APPUCATIONS FOR AND ISSUANCE
OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND
BUSINESS UCENSES, FOR ADULT ENTERTAINMENT AND
ADULT RETAIL USES.
WHEREAS, the Federal Way City Council has previously determined, based on
public testimony and other evidence and through findings of fact detailed in Ordinance No. 95-
241, that adult entertainment uses cause secondary effects that are detrimental to the public health,
safety, morals and general welfare of the citizens of Federal Way; and
WHEREAS, there are present within the City of Federal Way several adult retail
establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or
in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded
video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys
and novelties, games, clothing or other merchandise which are distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified anatomical areas, specified
sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code
("FWCC") 9-71.A; and
WHEREAS, there is evidence that the City could, in the near future, receive
applications for adult entertainment or adult retail uses that would significantly increase the
Res. No. 98-~, Page I
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amount of square feet of commercial space characterized by such uses and located with the City
Center Core and Frame; and
WHEREAS, the FWCC may not currently adequately address the various impacts
to public health, safety, morals and general welfare that these uses present; and'"
WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region,
and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult
retail uses, based upon evidence of the negative secondary effects of such uses;
WHEREAS, the citizens of Federal Way would be well served if City Council
members and city staff more fully addressed and understood the potential negative secondary
effects, in the fonD of health, safety and economic and aesthetic impacts, these uses impose upon
neighboring properties and on the community as a whole; and
WHEREAS, the City needs to review existing infonnation on the negative
secondary effects of adult entertainment and adult retail uses, and to review the City's Code and
ordinances in a comprehensive fashion to detennine whether they sufficiently address the
secondary effects of such uses; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt
moratoria provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, the City should impose a moratorium barring the acceptance of all
applications for and issuance of business licenses, building permits, land use permits, or other
licenses or pennits under the FWCC for adult entertainment or adult retail uses, until additional
review has been completed and any necessary code revisions have been adopted by the Federal
Way City Council; and
Res. No. 98-~, Page 2
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WHEREAS, the Federal Way City Council understands that a portion or all of the
materials sold by adult entertainment or adult retail uses may be protected by the First Amendment
of the U.S. Constitution and/or Article 1, Section.5 of the Washington State Constitution; and
WHEREAS, the Federal Way City Council does not intend, by tñis resolution, to
impermissibly infringe upon any party's free speech rights, and urges any court reviewing this
resolution to interpret it in such a manner and determine that it is constitutional; and
WHEREAS, the purpose of this resolution is to provide, during the moratorium
period, time in which the City Council may study its existing Code, ordinances and the negative
secondary effects of such uses; determine whether any additional, reasonable regulation is
necessary to mitigate the secondary effects; and prepare for adoption suitable time, place and
manner restrictions narrowly tailored to regulate such uses by the least restrictive means available;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section]
MoratorÎ1Im.
The Federal Way City Council hereby declares a
moratorium upon the acceptance of applications for and the issuance of any. business license,
building, land use or development permit or approval (including variances and rezones), or any
other permit, license or approval required to construct, install, relocate, or operate any adult
entertainment or adult retail use as defined in the FWCC or described in the recitals of this
resolution. Further, during the pendency of this moratorium, no infonnation or submissions on
any pending applications for adult entertainment or adult retail uses shall be accepted by City staff.
Res. No. 98-~, Page 3
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Section 2 Duration. This moratorium shall be in effect for 180 days following
the effective date of this resolution, and shall expire at midnight on August 16, 1998 unless
extended by the City Council.
Section 3
Public Hearing. Pursuant to RCW 36.70A.390, the cny Council shall
hold a public hearing on this moratorium within sixty (60) days of its adoption, or no later than
April 18, 1998. Immediately after the public hearing, the City Council shall adopt findings of fact
on the subject of this moratorium, and either justify its continued imposition or cancel the
moratorium.
Section 4 Stiff Direction. During the moratorium, the City staff is directed to
survey existing studies and evidence and: identify any negative secondary effects that are
associated with adult retail portions of adult entertainment uses; determine whether any
mechanisms exist by which these effects may be mitigated; identify the least restrictive of these
mechanisms; and identify alternative, available areas within the City within which the City may
provide a reasonable means to accommodate access to constitutionally-protected material, if any;
make recommendations to the City Council, or a subconunittee thereof, if appropriate, concerning
any necessary and appropriate legislation and/or code amendments.
Section 5 Temporary Use Permit~. Notwithstanding the moratorium in Section
1 above, any adult entertainment or adult retail use which satisfies all criteria applicable to its
underlying zone may be permitted under a temporary use permit if it meets the following criteria:
A. It is not located or proposed to be located within one thousand feet (1,000') of:
1. any zone in which residential use is permitted outright;
2. any public or private school or day care facility.
Res. No. 98-268, Page 4
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3. any church, synagogue, or other place of religious worship;
4. any public park;
5. any library; and
6. any other adult entertainment or adult retail use or activity.
For purposes of this subsection, 1,000 feet shall be measured along a straight line from any point
of public access to the adult entertainment or adult retail use to the nearest comer of the property
on which the school, church, park, library, residential, or other adult entertainment or adult retail
use is located.
B. It meets other applicable criteria under the FWCC, including those under
Chapter 22, for issuance of a temporary use pernùt.
Section 6
Recitals and Findings of Fact IncOl:porated. The recitals set forth on
pages 1-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241, are
incorporated as if fully set forth herein and shall serve as Findings of Fact. The City Council may
amend such findings in whole or in part and adopt additional findings following the public hearing
described in Section 3 above.
Section 7 Severnhility. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 8 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affinned.
Res. No. 98-~a Page 5
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Sf'.ction 9 Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this l1~ay of February, 1998.
CITY OF FEDERAL WAY
2vj~
MAYOR, RON GINTZ
A TrEST:
~ (/ -'~~
CITÝ CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 98-lliL
K:\RESOITADULTENT.MOR
Febr~ary 17, 1998
February 17, 1998
Res. No. 98- 268, Page 6
EXHIBIT "B"
RESOLUTION NO. 98-270
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RESOLUTION NO. 98-.270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING F1NDINGS OF FACT
AND CONTINUING A MORATORIUM ON THE ACCEPrANCE OF
APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING
AND DEVELOPMENT PERMITS, AND BUSINESS UCENSES, FOR
ADULT ENTERTAINMENT AND ADULT RETAIL USES.
WHEREAS, the Federal Way City Council has previouslydetennined, based on
public testimony and other evidence and through findings of fact detailed in Ordinance No. 95-
241, that adult entertainment uses cause secondary effects that are detrimental to the public health,
safety, morals and general welfare of the citizens of Federal Way; and
WHEREAS, there are present within the City of Federal Way several adult retail
establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or
in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded
video tapes, disks, film or other such media, instruments, devices, equipment, páraphernalia, toys
and novelties, games, clothing or other merchandise which are distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified anatomical areas, specified
sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code
("FWCC") 9-71.A; and
WHEREAS, there is evidence that the City could, in the near future, receive
applications for adult entertainment or adult retail uses that would significantly increase the
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amount of square feet of commercial space characterized by such uses and located with the City
Center Core and Frame; and
WHEREAS, the FWCC may not currently adequately address the various impacts
to public health, safety, morals and general welfare that these uses present; and
WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region,
and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult
retail uses, based upon evidence of the negative secondary effects of such uses;
WHEREAS, the citizens of Federal Way would be well served if City Council
'" members and city staff more fully addressed and understood the potential negative secondary
effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon
neighboring properties and on the community as a whole; and
WHEREAS, the City needs to review existing information on the negative
secondary effects of adult entertainment and adult retail uses, and to review the City's Code and
ordinances in a comprehensive fashion to determine whether they sufficiently address the
secondary effects of such uses; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt
moratoria provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, on February 17, 1998 the City adopted Resolution No. 98-268,
imposing a moratorium upon the acceptance of all applications for and issuance of business
licenses, building permits, land use permits, or other licenses or permits under the FWCC for
adult entertainment or adult retail uses, until additional review has been completed and any
necessary code revisions have been adopted by the Federal Way City Council; and
Res. No. 98-1lQ, Page 2
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WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting
a moratorium shall adopt findings of fact immediately after the public hearing held within sixty
(60) days of adoption of the moratorium; and
WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the
Federal Way City Council; and
WHEREAS, the City Council has considered written comments and public
testimony received at the hearing, as well as materials presented by staff at the hearing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section I Findinfs of Fact. The Federal Way City Council hereby adopts the
following Findings of Fact:
A. The City has determined previously, through public testimony and the receipt of other
evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the
public health, safety, morals, protection of minors and the general welfare of the citizens of
Federal Way.
B. Many of those adverse secondary effects are summarized in the findings of fact
contained in Ordinance No. 95-241, and Resolution No. 98-268 which are incorporated herein by
this reference. Those adverse secondary effects include significant criminal activity not limited
to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations,
breaches of the peace, tax evasion and harboring of persons with outstanding arrest warrants.
C. Those adverse secondary effects also include public sexual conduct on the premises of
adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct
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also causes substantial public health and safety concerns, not limited to the spread of sexually
transmitted diseases.
D. The City has reviewed studies from other cities concerning the adverse secondary
effects arising from adult retail establishments (a subset of adult entertainment uses), whose stock
in trade is devoted in whole or in substantial or significant part to books, magazines, cards,
pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments,
devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise
which are distinguished or characterized by an emphasis on matter depicting, describing or relating
to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are
defined in the Federal Way City Code ("FWCC") 9-71.A.
E. The City is concerned that the studies from other cities conclude that adverse secondary
effects from such adult retail establishments include increased crime rates, depreciation of property
values, deterioration of community character, and a decrease in the quality of life.
F. The City is also concerned that the studies from other cities conclude that such adult
retail establishments tend to concentrate in certain areas, and that the proximity of those
establishments to sensitive uses such as schools, residential zones, places of religious worship and
parks result in similar or increased adverse secondary effects.
G. Although reliance on these studies may result in decisions by the City to regulate the
location of such adult retail establishments, the City believes that the characteristics of such
establishments within the City may have an impact on the type and manner of regulation which
the City chooses to employ. The City finds that its own study of such adult retail establishments
may be necessary to properly determine what regulations are appropriate. The City finds that
Res. No. 98-.1.lJ) Page 4
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additional review of such other studies on the secondary effects of adult retail establishments is
necessary to detennine what regulations are appropriate.
H. A continuation of the moratorium established by City Resolution No. 98-268 until
August 16, 1998 is necessary to take such additional action.
Section 2
Recital~ and Findin¡:s of Fact IncO1:porated. The recitals set forth on
pages 1-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241 and
Resolution No. 98-268, are incorporated as if fully set forth herein and are hereby adopted as
additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact
'- adopted in Section 1 of this Resolution.
Section 3 Continuation of Moratorium Based on the Findings of Fact adopted
in Sections I and 2 above, the City Council hereby detennines that it is necessary for the
moratorium enacted in Resolution No. 98-268 to remain in effect for the entire 180-day period
set forth in Resolution No. 98-268. Accordingly, the moratorium shall not expire until midnight
on August 16, 1998, unless the moratorium is shortened or extended by action of the City
Council.
Section 4 Severahility. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 5 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Res. No. 98-.2L(), Page 5
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Section 6 Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY.
W ASHINGTO~. this ßy of April, 1998.
CIT7vERAL WAY
C?t~
MÃYOR. RON GINTZ
" ATTEST:
~. fuk. ddt~
CITY C . CHRISTINE GREEN, CMC q
APPROVED AS TO FORM:
~~ ~
CITY ATTORNEY. LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 98--
¡c,IRESOITADULTENT.FOF
03-31-98
04-07-98
98-270
Res. No. 98-270 . Page 6
EXHIBIT "C"
TRANSCRIPT OF APRIL 7,1998 PUBLIC
HEARING
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, RECEIV,ED
APR 21 1998
CITY CLERKS Ot:FICE
CITY OF FEDERA~ WAY
CITY OF FEDERAL WAY,
.QFFICE OF THE CITY CLERK
FEDERAL WAY, W ASffiNGTON
r;;::CEIVED
In Re: The Matter of the
Public Hearing Relating to the
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CITY A"-'-Ç;~NEY
City Council Agenda, Item IV
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Moratorium on Adult Entertainment
and Retail Uses '
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TRANSCRIPT OF PROCEED~G& '
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BE IT REMEMBERED that on the 7th day", of Ap~l; 1998, at
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7:00 O!clock p.m., in' Council Chambers, at 33530 First Way South, Federal Way,
Washington, the above mentioned public hearing took place before the City Council, at
their regular City Council meeting.
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City Coupcilmembers present included Mayor Ron Gintz, Deputy Mayor.
MichaeIPark"qpú~cilmembe~sMary,~tes, Jack DoVey,.~~nda Kot~~,/e¡¡i1ne'
Burbidg'e and phil Watìcin~: " '
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,City Staffpre;ent iritludè(¡,CityManager Ken :Nyb~¡'g::ê~yAtröfuêýLòitdì."",'
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Lindell ànd CommuIÙty Devel?pment, Services Deputy Diféct.ot :Kathy McCluñg,
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Transcript of proceedings prepared by:
Bob Baker, Deputy City Clerk
City of Federal Way
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MAYOR GINTZ:
I will now open the public hearing to accept public
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comment on the adult entertainment/retail moratorium implemented by the City Council on February
17, 1998. The moratorium prohibits the acceptance of applications for and the issuance ofland use,
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building and development pennits and business licenses for adult entertainment establishments and
adult retail uses. The moratorium is in eff'ect)for 180 days and expires on August 16, 1998. After
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the City Council has heard the staf'fpresentation and all public testimony, it will either adopt findings
of fact to support continuation of the moratorium or it will cancel the moratorium. The hearing
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procedure is as follows. The public hearing will be conducted in the following manner. Ah, Federal
Way's Community Development Services uh, Deputy Director, uh, Kathy McClung, will make a brief
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presentation on land use issues.
She will be provided approximately five minutes for this
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presentation. After that, Federal Way City Attorney, Londi Lindell, will make a brief presentation
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on legal issues. She will be provided approximately five minutes for this presentation. After those
two presentations, we'll have public comment and I'll call your names in random order here; that uh,
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have signed up to speak. Testimony will be limited to three minutes per person. In addition to public
testimony, any interested person may participate in this public hearing by submitting written
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comments for our consideration. I have some that have been submitted for written and I think I have
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to read those into the record.
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LONDI LINDELL:
Only if they've requested, Mr. Mayor; and I know "OU
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one, where, um-
O.K., there was one requested, so I'll, -
MAYOR GINTZ:
LONDI LINDELL:
-to be read into the record.
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MAYOR GINTZ:
I'll check those as we're hearing the other testimony
And finally, the City Council will then have an opportunity to ask questions of either the public or
staff In order to expedite this process, I am requesting that Council hold all questions until this U:1\è
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Until the time of, of our procedure. So, we'll begin now with Kathy McClung.
KATHY MCCLUNG:
Good evening, Mayor Gintz and Councilmembers
Kathy, if you could speak reatly loud into the uh,
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MAYOR GINTZ:
microphone,
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KATHY MCCLUNG:
MAYOR GINTZ:
OK, I'll try
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--cause the people out there can't hear.
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KA THY MCCLUNG:
O.K., thanks For the record, my name is Kathy
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McClung and I'm the Deputy Director orthe Community Development Services Department On
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February 17th, of this year, the Council passed a moratorium prohibiting applications for any ne\\
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adult entertainment or retail uses. This moratorium is valid until August 16, of this year; and requires
tonight's public hearing in order to justify its continued imposition Current zoning regulations define
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adult activities under adult theater, adult bookstore and adult cabaret; and are only permitted in the
City Center Core and frame zones. New applications are subject to a thousand foot separation
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requirement from residences, parks, libraries, daycares and schools, churches and other adult
entertainment uses. The Community Development Director may approve an adult use that does not
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meet the separation requirements based upon criteria that are stated in the, in the zoning code There
are six existing adult retail or entertainment uses within the City. .A..II six are legal, non-confonning
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and may not expand. We are in the process of examining ordinances in other cities. We may be
recommending adoption of some new definitions and other appropriate amendments to the code;
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however, we are not prepared to discuss those tonight. The staff recommendation is to continue the
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moratorium to August 16 in order to provide adequate time to work with the Legal Department in
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developing appropriate code revisions.
City Attorney Londi Lindetl will now continue the
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presentation.
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LONDI LINDELL:
Good evening Mayor, Councilmembers. First, the
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City has the authority to enact zoning regulations to address the secondary effects that arise from
adult uses. The secondary effects may be adverse impacts on your surrounding community such as
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declining property values, neighborhood or urban blight, declining character of a neighborhood or
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business community, or increased crime. The secondary effects may also be unlawful activities or
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public health or safety dangers that arise within an adult use You may recall that some of thes"
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secondary effects were considered by you when you adopted your four-foot separation requirement
rule that's contained in our current adult entertainment ordinance. That rule addressed activities
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occurring primarily in dance cabarets. Now your ordinance has been upheld as constitutional in both
federal and state courts. Because ofthese secondary effects it has been upheld as constitutional. This
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rule was also recently upheld by the State Supreme Court in Uno Uno vs. Bellevue. Here, however,
the secondary effects, uh, were primarily concerned with increased criminal activity and they involve
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dance cabarets such as Deja Vu. Adult retail.w;es may have some of the same secondary effects; but
since they're a different type of business, the secondary effects may also be different. An adult retail
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establishment is an establishment whose stock in trade is devoted substantially to books, magazines,
videos, games, toys, novelties and other products which are characterized by an emphasis on matters
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relating to sexual activities or sexual conduct. Adult retail uses will primarily have take-home
merchandise. Now dance cabarets, with the table dances and the couch dances that we've dealt with
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over the last three years, and establishments with peep booths or arcades or video theaters have other
on-premise activities which may be dis-sinùlar from adult retail uses. Notwithstanding this distinction,
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however, there is authority, and in fact a recent New York decision which upheld a New York adult
entertainment ordinance which regulated adult retail establishments. You may also recall the last
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time, in 1995, when we adopted amendments to our adult entertainment ordinance, that you may rely
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on studies that have been performed by other cities and other jurisdictions to determine these
secondary effects from these adult book stores, adult video stores, or adult retail establishments.
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Now I have placed a copy ofthe study that was relied upon by New York in that um, case that's cited
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in your materials; and based on conversations I've had with many of you, um, over the week, I know
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many of you have had an opportunity to look at that study. I have also requested copies ofadditional
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studies from Texas, Indianapolis and California. It is also my recommendation this evening, that the
moratorium continue through August to allow me an opportunity to review those studies and to
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forward them on to you for your consideration.
In the event that it is determined that any
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amendments are necessary to our code, it would also allow me an opportunity to work with our
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Community Development Department to prepare any necessary amendments for your considera:ion
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If, upon the conclusion of the public hearing this evening, and after considering all public testi"'.ony
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you agree with my recommendation, I have provided you with a resolution that contains findings of
fact that's located in your packet for your consideration. That concludes my formal presentation this
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evening, but I would be prepared to answer any questions, either now or at the conclusion of public
testimony.
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MAYOR GINTZ:
Any questions of the City Attorney? O.K., let's move
to public testimony then. Uh, I'll start with Jim Hamilton. .who happens to be the fire chief who
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imposes these, these uh, standards on room~o, you may want to chat with him later.
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JIM HAMILTON:
Sir, sir, I will not leave here alive. Urn, I am, I am Jim
Hamilton, 29924 - 2nd Avenue South. I am here as a citizen, tonight though, in my comments. Urn,
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I just want to, uh, speak in favor of extending the moratorium, on, on this issue. Uh, as you know
I'm involved with a number of economic development activities, and I do believe that we need to look
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at this very carefully as this will affect our downtown core and frame and all the, the redesign and the,
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the encouragement of business that we're doing now. So, I'd just encourage us to, to continue on
and let this certain City Attorney do her business on this one.
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MAYOR GINTZ:
JIM HAMILTON:
Alright, thank you.
Thank you.
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MAYOR GINTZ:
Uh, Gene Loher. Where is Gene? Where? K.
GENE LOHER:
MAYOR GINTZ:
I'm out by the front door.
You didn't. . Speak to Jim about that. . . Uh, you
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didn't indicate, is this the topic you wanna discuss?
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GENE LOHER:
Yes.
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MAYOR GINTZ:
O.K.
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GENE LOHER:
I'm Gene Loher. Our family has been in business in
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Federal Way for 50 years or so and we've experienced the secondary effects of adult, uh,
entertainment and retail businesses. We had for a number of years, right next door to one of our
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businesses, a 24-hour massage parlor. And this had a very detrimental effect on the residential area
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on 305th Street next to our area. So, I wished the City would consider this experience that we've
had in the past in Federal Way. This business has been gone, 1 think, about two years no\\', and iI's
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taken a good two years to recuperate from the effects of that business. Another business is Sonny'~
Casino on 3041h Street and Pacific Highway South and we had, uh, during the life of this business
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which I think was about 2 or 3 years, we had a number of break-ins and a number of property
violence or vandalism issues in our area. And, since that business went out of business, uh, our crime
and vandalism has dropped way off, so, there is a definite relationship to these types of businesses and
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the secondary effects. Thank you.
MAYOR GINTZ:
,)l, at, at the, the risk ofum, dampening any enthusiasm,
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uh, this is a relatively quasi-judicial hearing. Vh, the City Attorney has passed me a note, "In order
to maintain order and neutrality, you may wish to request the audience hold applause." Uh, a couple
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of weeks ago, I was in some public hearings where the applause, I wished, were held, too. Vh, but
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uh, if we could do that, I think we're gonna hear, uh, a significant, uh, testimony in opposition to uh,
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the uh, or in support of the moratorium; so, if we, if we could hold the applause, maybe we'll have
applause at the end, we could do that, so, uh, so, O.K., Randy Van Wagner. Can everybody hear me
14
in the back?
15
16
AUDIENCE:
MAYOR GINTZ:
No.
I'm sorry, I'll speak into it. Vh, sorry.
17
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RANDY VAN WAGNER: My name is Randy Van Wagner. Uh, address is 3310
37th Court, Federal Way; and, uh, I'm in support of this moratorium because, uh, I believe that the
19
moral value of our community would really be compromised by letting this come in. I mean, there
is different businesses in the area right now, that I feel are not a value to the community. And, this
20
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22
here, how would we explain to our children what this place is for the size of it and what they're
planning to do. And, uh, you know, this has always been like a family commurity. And, I feel like
23
letting something like this come in, we're compromising our, our community. You know, what kind
24
of people would want to visit a place like this here. And, ifthey do visit this kind of place, what kind
25
26
of a frame of mind are they gonna be in when they leave? Ne our children safe? Are the parks
gonna be safe? What, you know, crime rate has been proven to rise Different, uh, different things
27
that morally would bring down the entire City for letting these things continue on. Thank you
28
MAYOR GINTZ:
Thank you, Mr. Van Wagner. Vh, Dean Jackson.
- 5 -
DEAN JACKSON:
Uh, my name is Dean Jackson and 1 live, uh, here in
2
3
Federal Way. And uh, when I found out about this thing, I wanted to come and voice my opinion
because I believe that urn, it's my duty to stand up for what I believe is right. And, uh, I am in
4
support of this moratorium. And as uh, uh, a citizen of this community, I ask you guys to, to think
5
and to push this moratorium into effect. Urn, I totally disagree with uh, you know, like what uh, what
6
this gentleman that was just saying, Randy, is, what is this going to do to our community? What type
7
of effects is this gonna take place. Uh, whatd.ind of people is this gonna draw into our community?
8
Urn, me being a father myself, I don't want my children raised with this type of stuff in our
community. Urn, we have to look, look at the adverse of effects of what this can take place. Uh, Ted
9
10
11
Bundy is a perfect example how he said that the very starting of his criminal record was started from
pornography and all of the stuff that was taking place to where it began to increase. And, the uh,
12
adverse effects of this type of, of, lifestyle drives a person to where he just takes one step farther, one
13
14
step farther, one step farther, to where it turned out to be Ted Bundy's downfall to where it drove
him to murder. Urn, just as the gentleman before me came up and said how, how safe are our parks
15
going to be. What is our community gonna be like? I want my parks to be safe. I want my
community to be safe so that when my children become of age to where they can go out, I want, I
16
17
wanna have a piece of mind knowing that, you know, we don't have rapists running around and
18
criminals coming into our park. Criminals coming into our City. And, uh, it has been proven
19
statistically that these places do bring in the, their do rise or raise up crime with the rape, with murder.
20
21
Urn, you know, all this different type of thing. So, rjust wanna voice my opinion and, and make a
stand for what I feel is right and I urge you as the Councilmembers and as the leaders of this
community to support this moratorium. Thank you.
22
23
MAYOR GINTZ:
Thank you, Dean Craig Kessel. And let me
24
25
apologize, in advance, if I butcher any names. It uh, you can set the record straight when you get to
the podium.
26
CRAIG KESSEL:
Yeah, my name is Craig Kessel. We live at 31731
27
28
50th Terrace South West. Uh, we just agree that you would extend the moratorium and take the time
necessary to uh, make a good decision about letting this establishment in. Uh, the thing I just wanted
- 6-
to focus on is that they describe it as more ofa professional retail environment. It's not as um, maybe
2
as dark or as gloomy as you'd think an adult bookstore typically is. But, I feel it's deceiving. It still
brings in the pornography and the things that have uh, caused a lot of people to stumble; especially
3
4
men. And just with working with uh, men and other acquaintances, in them describing their struggles,
pornography, uh, brings down fanûly life, it hurts marriages, and it hurts our children as well. So, just
6
really advise you to, and of ask of you to really uh, put good thought and effort in your research in
7
making your decision here. Thank you.
,)0
8
MAYOR GINTZ:
Thank you very much, Craig. Lon Co.
9
LON COLE:,
MAYOR GINTZ:
That's close.
10
Cole.
II
LON COLE:
My name's Lon Cole and I'm at 1327
12
13
South 291" and as Rush Limbaugh says, "I'm a first time caller" so, I'm a little bit nervous. But, uh,
I have the opportunity to uh, work, have a business in Des Moines. And, right next to my business
14
is an adult video store. And uh, they were glad to have me. I sell office furniture and it kinda perked
up the place a little bit. But the interesting thing to watch, the people as they come to go to the store,
15
16
17
they park in ITont on my store; they gradually look through the window and gaze at all the furniture;
and when nobody's watching, they scurry into the place, do their business and scurry out. Its uh,
18
19
kinda unusual to think that people would have a respect for this kind of, uh, activity, but have to hide
themselves to do that. It sends us a great message. And then the other ones that are very sad is when
20
you see your family pull up in front of these stores; a wife and children in a car, and a man runs in
there and come out with a hand full of, to the brim of videos. That really saddens my heart
21
22
commend you for what you've done so far and I pray with all my heart that you'll continue to do so
in support ofthis moratorium and take it a step further to where you ban this activity completely in
23
24
Federal Way. It'd be a great thing. Thank you.
25
MAYOR GINTZ:
Thank you, Lon. lody Putnam. Putman. Sorry.
26
Now that, there's no excuse there. lody.
27
JODY PUTMAN:
Now, Mayor Gintz, you know my name. My name is
28
lody Putman and I am representing the Federal Way School District. And, uh, 1 have a letter here,
- 7-
um, signed by Tom Vander Ark, our Superintendent, which I want to read into the record and then
2
I also wanna make sure that I get copy members to all the Councilmembers. Um, it says, "Dear
Council Members: This letter provides the Federal Way School District's comment on the Adult
3
4
Facilities Moratorium that was imposed by the City on February 17, 1998. The District is extremely
concerned about safety and safe learning environments for children. It is well established that
5
6
7
facilities that are built or rented certain distances ITom our schools may have some restrictions, such
as selling alcohol, because of the negative setondary effects that these influences have on children.
The District is very troubled by the proposed use of the fonner Silo building that is located within
8
9
10
1,000 feet of Harry S. Truman High School and the school-based day care'facility in that school.
[And I didn't know if you knew that, or not. We do have a daycare facility in that schooL] Records
11
show that a "Castle" adult retail store that sells sexual paraphernalia is planning to open. The City
currently prohibits an adult facility within 1,000 feet ofa "day care facility or a school." Based upon
12
13
documentation provided by the City staff, the proposed use is 976 feet from Harry S. Truman High
School. The City imposed this restriction due to the negative secondary effects [on kids]. We agree
14
15
with this restriction. Much of the influences outside of the school environment effects our students
16
and can greatly effect the educational process. Students do not leave all of their lives at home when
the come to school. The District must be able to mitigate negative influences when they are
17
18
controllable or preventable. Considering the dramatic impact that this proposed adult facility could
have on our school, we ask that the City of Federal Way disallow this proposed use or at a minimum
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20
continue the moratorium to prepare any necessary regulations and code amendments to prohibit this
21
22
facility. Sincerely /s/ Tom Vander Art, Superintendent. Urn, just in a final conclusion of that letter,
urn, as the letter expresses, there's already a standard established for having these kinds of things
23
24
within certain distances of a school. And, I think we would be wrong to change that standard now
25
by allowing this kind offacility. We, we, have. . . we know. . We know that these have negative
influences on kids and so we know that it will affect the fact that it's close, that close to a schooL
26
Ijust wanna also say that as a private citizen, I live and also work in the City of Federal Way and I
27
28
think right now, we're at a point to either build or break down our community. And I really, really
strongly recommend the City Council continue the moratorium and then also eventually make sure
- 8 -
these kinds offacilities cannot come to the City of Federal Way. Thank you.
2
MAYOR GINTZ:
Gn.-BERT BROWN:
Thank you, Jody. Did we forget? Uh, Gilbert Brown
I'm not drunk, just a little bit ancient. but uh, I'm just
4
5
a new retarted resident of Federal Way. Mr. Mayor, I met you this morning and I'm glad to be here
It cost me ten bucks to get here by taxi, but I had to get here I have had over 10 years experience
6
7
with these entertainment businesses with their big adjectives and their fancy trimmings and believe
me, their not bringing any good to our comm1) ¡jty. I, I was in the midst ofthe Janovich era in Pierce
8
9
County. I was in the motel business and at that time, we had the entertainment people, these table
dancers and stuff. We, we provided housing for them, but it was with a rule ihat there was to be no
10
extra-curricular entertainment at our place They observed this. They were good customers while
we had 'em; but they did draw in robbery, murder, assaults, dope and the whole works. I've been
II
12
13
in the midst of it and I know what I'm talking about. And I say this, they come to me, within 500 feet
of the new place where I've moved to. There's over 300 senior citizens gonna be housed there.
We're gonna be crossing streets. We'll be on the streets. We're gonna be subject to attack and Wl
14
IS
don't want it. And, if I've got time enough, I will provide you with a signed list, a petition, not to
have this outfit come in here. There down there spreading beauty bark now, trimming the shrubs and
16
17
going right ahead as if they're going to move in tomorrow. Let's get it stopped. If you need my help
further, I'll give my phone number and thank you all.
18
19
MAYOR GINTZ:
Thank you, Mr. Brown. For the record, Mr. Brown
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21
is, uh, living in Willamette Court which is the new senior housing on 23" and 316"', uh, 300 units
there. Marie Adair.
22
23
MARIE ADAIR:
Good evening, Council I'm Marie Adair and Ilive at
28811 19'" South, in Federal Way. Uh, is this just speaking to the issue of the moratorium on the sex
24
shops?
25 MAYOR GINTZ:
26 MARIE ADAIR:
27 discussion, uh comments?
28 MAYOR GINTZ:
Yes.
Is there going to be other opportunity for other
Yes.
- 9 -
MARIE ADAIR:
O.K., I do support this extension of the moratorium
2
on the Castle, or any other sex, uh, shops or entertainment of adult nature. I vividly recall though,
3
the regular Council meeting in 1995, Councilwoman Mary Gates, then Mayor Gates, addressed the
Council's plan for City development. She stated the City lacks pizzaz and in order to promote retail
4
5
6
business, we need to have a downtown with sex appeaL I disagree and feel that there's already too
much focus of that nature. Um, let's see, I can't see that Castle having the opportunity to come here.
7
And, when may I comment on the other?
')0
8
9
MAYOR GINTZ:
Later. And, I think you may have mis-read her, uh,
misinterpreted her comments. Thank you for coming in. David Holtz.
10
DAVID HOLTZ:
Yes. Mr. Coleman, the proprietor of this urn, sex
II
12
shop, claims that this is adult retail and not adult entertainment. Oh, oh, for the record, I should, my
name's David M. Holtz, 32865 - 40'" Court South West. Thank you. Mr. Coleman claims that this
13
14
is adult retail, not adult entertainment. As a society, we must choose whether we will gravitate
towards decency or decadence. Neutrality is a license for those that will cater to anything to the
lowest moral common denominators of our society in exchange for money. They will argue that this
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16
is a freedom of speech issue, but this is just one aspect of government's role in society - is to protect
17
freedom of speech. Another is protection of innocence. Allowing more and more of this trash which
18
19
brokers to the exploitation of women is equivalent to getting closer and closer to the edge of a cliff
and yet not falling over the edge to our own destruction. We owe it to each other, our children and
ourselves, to prohibit any and all businesses of this type. They may call it porn-light, but it's still
20
21
porn. I would like to hear Mr. Coleman's business statement. What would his definition of success
22
be? To cater to a wider and wider audience. Isn't that the objective of any business? I wonder if he,
perhaps, has a daughter. If so, how would he feel, if she grew up to star in one of the videos he
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24
promotes? Thank you.
25
26
MA YOR GINTZ:
RON WALKER:
Thank you, David. Uh, Ron Walker.
Yes, my name is Ron Walker and my address is 34909
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28
23'. Avenue South West, here in Federal Way. Urn, Mayor Gintz, I'd just like to make a couple
comments and those being. First of all, I want to support, urn, the Council's urn, moratorium, on the,
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2
3
on uh, keeping this out of our community. Urn, I would also like to say that I think that uh, it's very
unwise for us to, to make uh, decisions without taking time to fully understand what it is we're trying
to do. Uh, I don't believe, in my mind, I can't see urn, how these, how, this type ofuh, business is
4
gonna give benefit to our community. I don't see that there's a great public outcry where people are
5
driving all over here and yawn, getting in car accidents and everything, saying that, "you know, bring
in some more pornography, I'm spending too much money on gas and time driving to Tacoma or
6
7
anyplace else" so I don't see how that's goi~ to be advantageous to us. I also don't see that, that
8
urn, I see that what this type of business does is that is has a tendency to urn, to draw and to urn,
9
10
annihilate families and young people. Urn, I can't see a young woman growing up where her parents,
11
uh, take her to soccer on Monday, basketball practice on Tuesday, and, uh, piano lessons on
Wednesday, coming to her mom and dad saying, uh, "Mom and dad, you know, I've been thinking
12
about my financial future and I'm considering going into prostitution or pornography." I don't see
that as a viable option for, for young people So, I would like for you to please consider strongly,
13
14
urn, the comments of the people. Urn, there's a urn, very well-known quote and it goes like this, that,
"The only thing that needs to happen for evil to abound is that good people do nothing." And, I
15
16
would ask that you strongly consider that. Thank you.
17
MAYOR GINTZ:
LAWRENCE WILSON:
Thank you, Ron. Lawrence Wilson.
I wanna talk about 312"' . . .
18
19
20
MAYOR GINTZ:
Oh, I'm sorry. Oh, I read enforcement to the
entertainment. I'm sorry. O.K., so, sorry. Uh, Mike McIntosh.
21
22
MIKE MCINTOSH:
It's worth it to hear you mis-quoted - a City with sex
23
appeal. Uh, Mike McIntosh, 2902 South West 337"', uh, here in Federal Way. Urn, in our present
Council, well, I want to first of all commend you for your foresightedness. You've always been \èf)'
24
25
diligently looking out for the interests of our City when, to, for the average citizen, when there's not
even a problem, yet you are anticipating. And, the moratorium is such a case. Before we had the
26
generally wide-spread breaking news of the emergence of the Superstore, uh, you were alread\ at
work on it and I think that's very commendable and I want to simply add my voice to ask that \Ou
27
28
not only extend it, but that we very rigorously, uh, with the direction and guidance of our Le~al
- 11-
Department and support of our City Manager, would, uh, not only extend the moratorium, but would
2
stand against, uh, this particular event in any and every way we can. The morality of it is, is
3
4
unquestioned. My point of view, you're going to hear a lot of comments about that. The gentleman
who spoke a moment ago about traffic accidents and, as people race to Tacoma, um, I don't imagine
5
the polling of the Superstore and the Castle personnel identified, uh, that need within our community.
6
So basically, they're planning the store here to selVe communities outside our own community. And
though they profess to do it in a very nice, l~-key, uh, business-attractive manner, the fact of the
7
8
matter is they're planning in our City uh, resources that would primarily be used by other people and
9
10
I don't think uh, we are in favor of our tax base growing with the kind of"risk that this business
entails. You know, I, as Jim has mentioned, have been around a lot of varied community, citizens
11
groups, that are working to revitalize our downtown core and uh, that's our primary area. Tom
Vander Ark mentioned that we're uh, that activity would be within a thousand feet of the school.
12
13
There already is legal precedent for refusing urn, pennits on that basis.
It's a lot closer to
14
McDonald's than it is to the school. You know, its's a lot closer to the Azteca. And the one retail
15
16
center, that has, with exception of the mall, the best track record from its inception which happens
to be the Gateway Center, until the coming of the Pavilion. And that's always been kind ora very
17
18
effective entry point into our community and you know, you'll hear more reasons than I can think of
19
at this moment, but ljust felt the need to uh, thank you first of all, for the moratorium and uh, acting
in advance of the public awareness on the issue; and want you to continue to extend it. And, I want
20
to encourage you to resist with whatever resources our City has with any similar encroachment.
21
Thanks. You're a great Council, doing a good job.
22
MAYOR GINTZ:
If! overheard correctly, as Pastor McIntosh was
23
24
coming up, he made an aside to Councilmember Gates, the next time she suggests the term sex
appeal she may want to use pizzaz. So, I think uh, I think that's been noted. Uh, Thank you, Mike.
25
Tim Fletcher.
26
TIM FLETCHER:
Good evening. Tim Fletcher. 5216 SouthWest 316'"
27
Place. I wanted to add my support to all that's been said in support of the moratorium As a uh,
minister in the community, I know there's several in my congregation here in Federal Way that are
28
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I.
2
3
extremely against additional adult businesses coming to Federal Way. The ones that we have, I
understand you're not able to do anything about due to the King County zoning; and uh, I just think
that, being fairly new to the City, I've been here three years, urn, I didn't know much about Federal
Way. But in the last few years, I've fallen in love with this City and I just think that, that this sort of
4
5
a Costco-type adult store is going to really detract from the quality city that Federal Way is growing
to be. And I think we should do all that we can to prevent itfrom coming into Federal Way. It'll just
6
7
detract and uh, everything else that everybo~ said in terms of the location to schools; and I think
8
9
Toys-R-Ds is right there, too. It just seems sort of an odd mix. You know, I shop there all the time
and I don't want to have to be driving by there explaining to my daughter, "yåu know what that is"?
10 Thank you.
11 MAYOR GINTZ:
12 speak to this?
I3 AUDIENCE:
14 MAYOR GINTZ:
Thank you, Tim. Barbara Reid. Did Barbara want to
She supports it.
She supports the moratorium? Thank you. Uh,
15
Lance. Where's Lance? I'm not going to get the last name.
16
LANCE BILYEU;
Thank you.
17
18
MAYOR GINTZ:
LANCE BILYEU:
So, I don't want to embarrass you or me, so.
My name's Lance Bilyeu. Ilive at 31444 - 11 'h Place
19
South, in Federal Way. Uh, I've lived here since 1973 when SeaTac Mall was a horse pasture and
wooded area and I'm very pleased with the way the City has been developing. I think that we are at
20
21
a cross roads, uh, again; and that we have some very interesting decisions to make; some challenges
22
23
to our fortitude in terms of our conscience as well as our, uh, practicality. We need to grow. The
decision is how do we grow and how do we face one another; our neighbors and our family members
24
with the decisions we make. And I just hope that, uh, we can set a precedence here with this
25
moratorium and uh, the decisions that will follow that in terms of where do we go as a City in terms
26
offraming uh, our core and the values that the City of Federal Way stands for, the character and the
27
uh, personality if you will, of the citizens of the State of Washington, in Federal Way. Thank "ou
28
MAYOR GINTZ:
Thank you, Lance. Buttons Carioto.
- 13 -
BUTTONS CARIOTO:
My name is Buttons Carioto, 3634 South West 331"
2
3
Place and Ijust have a couple offacts of the effects of pornography on the, urn, community. Um,
over a 5-year period in Oklahoma City, "adult" businesses were closed by concerned citizens and law
4
5
enforcement officials. During this period, the rape rate for the county decreased by 26% while
continuing to rise 20% throughout the rest of the state. And, another fact is in a study by Doctor
6
William Marshall, 86% of the incarcerated rapists interviewed, admitted regular use of pornography;
with 57% describing actual imitation of po~ography scenes during the commission of their sex
crimes. One more fact. Uh, the FBI has interviewed 36 serial murderers and found that 29 of them,
7
8
9
10
or 81 %, identified pornography as one of their highest sexual interests. Urn, I realize that urn, the
City of Federal Way puts a high standard on the urn, beautification of Federal Way. We have an
11
employee that we pay a salary to um, guard signage of businesses in Federal Way. We also have uh,
uh an employee that we pay salary to keep private property within the City guidelines. And this is
12
13
for urn, the reputation of the City of Federal Way. And if we allow adult entertainment, it will ruin
14
our City trom the inside out. Please be concerned with the heart of our community as well as ¡he
15
16
walls. And, I have 26 pages of information that I would like to present to the Council if they would
like so.
17
MAYOR GINTZ:
Yes, the City Attorney is nodding, that's for sure. So,
18
19
thank you. Thank you, Buttons. Ron Garcia. Garceau.
RON GARCEAU:
That's correct. My name'sRon Garceau. I'm at 4311
20
21
South 296'" Place and I'm a first timer, too, so, on there, I think I marked it wrong, but I am in
support of the moratorium. I think I put opposed or something; I was confused on that.
22
MAYOR GINTZ:
RON GARCEAU:
I was afraid for you.
Thank you. Urn, I'm just gonna talk to you as a
23
24
father. I have three boys. I have lived here since 1970. I've seen Federal Way grow up into uh. uh,
a beautiful place to dwell in. And, as a father, it's my goal to put a refuge for my kids to come imo
25
26
at night. During the day, whenever, they tend to leave; when they come back they feel safety. They
27
28
feel, gee, I like, I like this here. If they have questions about something, the tend to come to me and
say dad, I don't really understand this or I don't understand that. So my goal is to make a refuge for
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2
my children to grow up into that it's safe. It's a safe house. You are our hands extended. We can't
do it. You're the refuge of this City. We're like the children in that house. And, Ijust implore you
3
as a child in that house and say hey, I don't think I like this. I don't think I want this to come into
our house; our area. Why? Because this is my refuse. This is where I live. This is what affects my
4
5
children. And, you being our hands extended; uh, I, this is the first time I've ever been in City Hall
and I've been here since 1970. I'mjust telling you, I'm ex, I'm excited with Federal Way's capability
6
7
of being as a City for other cities. I don't warit'it to be a stumbling block; another fallen place where
people have gone to and said hey, this was nice, but look what happened here. And, this is not an
8
9
10
end. This is a beginning of what can either be coming into the City or not allõwed in the City. And,
I would, I would just ask you that, you know what? I'm one of your children that live in your refuge.
II
Don't allow this to come into our house.
12
MAYOR GINTZ:
ANNA KESSEL:
Thank you, Ron. Anna Kessel.
My name is Anna Kessel and I live on 3173 I . 50'"
13
14
Terrace South West, Q.202. Uh, first of all, I am in a hundred percent favor of the extension of the
moratorium. Urn, I would like to see uh, a ban on these types of places in the future. Urn, no one
15
16
has brought this point up, but I am a wife, I'm not a mother yet, um, but just as a wife, I enjoy having
my husband love me. I enjoy, urn, him not having to bring that kind of thing into my home. Um,1
17
18
don't think any other wife would enjoy knowing that her husband makes a trip or two weekly or
19
20
montlùy to a place like that; and, urn, without having those places, it's a lot easier to pass that
temptation by and I just appreciate what you've done already to have this moratorium in place and
I just, urn, thank you for continuing it, hopefully.
21
22
MAYOR GINTZ:
Thank you, Anna. Lance, did you just mistakenly fill
23
24
out two of these, or did you want to speak twice?
I was gonna speak on the issue of312"'.
LANCE BILYEAU:
MAYOR GINTZ:
312"'? O.K., traffic? OK. Thank you. Joel Marks
25
26 Welcome
27
28 City Council.
JOEL MARKS:
Thank you. Mr. Mayor, Ladies and Gentlemen of our
In the April 1" Seattle Post Intelligencer business section it says "The man who plans
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2
to open 12 sex-oriented superstores in the Seattle area, believes the future holds the corporatazation
of retail's last frontier, pornography. As brazen as he and other peddlers of poison filth in today's
3
freedom without responsibility society tend to be, voices in the community like the ancient New
4
Testament apostle exclaimed, 'Is there anything praiseworthy, virtuous, lovely, or of good report?
5
6
If so, we seek after these." City Attorney Londi Lindell's argument establishing secondary effects
like decreasing of property values, impediments to downtown beautification are absolutely correct.
As well as proximity to Truman High Schoor~hich would cause a clear and present danger to our
7
8
next generation ofleaders. The first amendment is not wide enough to be driven through with a
9
10
Mack truck and author James Madison did not mean free speech to include sex toys. The father of
the constitution meant protected civil discourse of ideals, presupposing value as well as virtue. This
11
12
community, as we've heard testimony tonight, will not tolerate the intolerable. Recently the City
Council of Tanger Island, in Virginia, voted unanimously, and quite courageously, not to allow an
13
14
expensive, revenue-generating movie production to film on their island, due to questionable content.
With high optimism, I believe this Federal Way City Council will do likewise and say no to trash for
15
cash. Thank you.
16
MAYOR GINTZ:
CHRIS LUJAN:
Thank you, Joel. Let me try this. Chris Lujan.
Hi. My name is Chris Lujan. I live at 31221 - 9th
17
18
19
Avenue South and as a citizen urn, of Federal Way, I've lived here for urn, 14 years and I've also been
very pleased with the growth of the City and urn, that, that has taken place. And, I wanna thank the
20
Council members and urn, the City attorney and, urn, for the, urn, enacting the moratorium. And I
21
22
agree with all of my predecessors that's spoken. Urn, we don't need this kind of establishment urn,
in this City. I want my two girls to grow up in a urn, healthy atmosphere. Urn, my urn, I have a uh,
.23
24
pretty urn, lively. One of my daughters is pretty lively and I don't want her to be urn, going, urn, by
those, by those shops. We already have Deja Vu and the other, urn, couple others in close proximity
25
26
to me and we just don't urn, need that. We want uh, we want to enact and support a healthy uh,
atmosphere for our children today, for the future, our grand kids. We want this, our City, I want m)'
27
28
City to be a safe, a safe and healthy place, urn, and that. So, and I also am concerned with moral
values and which are very, very high. And, we know in the educational system that what the what
- 16-
2
the pub, that the Federal Way public schools are trying to do is raise a standard. We need to continue
to raise that standard so we can build the best and the safest place for families to, to live and to, urn,
3
raise their children in. Thank you.
4
MAYOR GINTZ:
CINDY BENNIGHT:
Thank you, very much. Cindy Bennight.
Uh, thank you, Mayor. Urn, I'm Cindy Bennight,
5
6
3945 South West 336th Place. And urn, I work for the Federal Way School District, not at Trum~n
High School. At another secondary schoo!; ~t I was urn, shocked at the brazen, urn, attitude oftrus
company knowing that they were so close to a high school to, to even attempt to urn, go against our,
7
8
9
10
you know, already established rules in trying to establish their business here. LJh, I'm sure that kids
who are, who go to that school will be able to, on their lunch break, run down there, if they want to.
11
And I can just imagine. I work at ajunior high. I can just imagine the teachers having to, to put up
with that. And, urn, like, like urn, like most all of the speakers so far, we need to shut the door in
12
13
their face as soon as possible so that they will just give up and leave the state. Thank you.
14
MAYOR GINTZ:
Thank you, Cindy, uh, and you did a very nice job
15
She asked that I read that into the record and I, I didn't notice, uh, but coming up and speaking was
16 appreciated. Thank you.
17 CINDY BENNIGHT:
18 the audience]
19 MAYOR GINTZ:
That was something else actually. [inaudible - from
You want me to read that?
20
21
CINDY BENNIGHT:
MAYOR GINTZ:
[inaudible - from audience]
William Mooth.
22
WILLIAM MOOTH:
I'd like to add my voice in support of the continuing
23
24
the moratorium on this establishment. I think I may have filled out the form incorrectly as well. I'd
like to make just a couple of additional points. Urn, first, I'd like to uh, say thank you to all those
25
26
who have already stood at this podium, and, uh, taken the courage and tried to, uh, put their heat and
their stomach back where it belongs; which I'm still trying to do, right now. This is the first time that
I've, uh, uh, been in front of you. Uh, a couple of thoughts I'd like to leave with the Council ana
27
28
with the, the fellow citizens here tonight. This uh, as the attorney has pointed out, the City Attorney,
- 17 -
2
3
we already have six such establishments in our, our City boundaries. Uh, ¡fwe were to have six uh,
high, pollution-producing businesses in the City, would we even considering bringing in a seventh,
regardless of the size. Ifwe had a lead or a nickel smelter, uh, steel plant, a pulp mill; if we had two
4
or three of 'em in our City boundaries and a business man came in, bought up, uh, depressed
5
6
properties; said he was gonna spruce it up, bring in some tax revenue and, uh, fill the coffers in the
7
City a little bit higher, would we, as a City Council and as a City, support that additional pollution
burden on the City, ecologically speaking?'~ow morally speaking, we've already got six such
8
establishments in the City boundaries. Can we tolerate not only having the six, but can we tolerate
bringing in the seventh and adding to this type of pollution in our community?" I would submit no we
9
10
can't. As was pointed out earlier, we, the City of Federal Way, with your lead, as a City Council, and
11
12
your very thoughtful and good lead, are trying to create a new city and build specifically a downtown
core. What type of a downtown core do we want? I submit that if we allow these types of
13
establishments a foothold in our, our City, let alone in our downtown core, we know what our
downtown core will look like 10, 15, 20 years from now. All we need to do is to go to downtown
14
15
16
Seattle, go to downtown Chicago. Go to any major metropolitan center that has allowed these types
of establishments, and we can see what Federal Way will look like in 15 to 20 years. I, for one, like
17
18
Federal Way as it is. I like the direction that we're going. I don't think that this establishment takes
us in the direction that we, as a City, or individually as families, or as citizens want to go. So please
19
20
continue the mora, moratorium; and may you also take actions that will not only continue the
moratorium, but will prohibit this establishment at this site, or any other site in the City as well as
21
22
taking actions to roll back the six establishments that we already have. Take note of the turnout
23
tonight which is just a small fraction, I guarantee you, of the citizens of this City that support you and
the moratorium and would support any and all actions that you can take to roll back these types of
24
establishments in general. Thank you.
25
MA YOR GINTZ:
Thank you very much. Colleen Elkington.
26
27
COLLEEN ELKINGTON: My name's Colleen Elkington. I live at 2122 South
West 316" Street. I'm here tonight to support the moratorium. 1 think the City Council has done
28
a very courageous thing and I especially applaud the efforts of Londi Lindell. I've been following
- 18 -
this, uh, controversy in the paper quite a bit and the issue thai concerns me the most is not that this
2
store plans to come to Federal Way. I thinks its pretty clear that the citizens do not support this kind
3
4
of business in our City. The thing that concerns me is the efforts that Castle Superstores are making
to make this look respectable. It is not. All the marketing in the world can't make a silk purse out
6
7
of a sows ear. This is not what Federal Way is. It's not the direction we want the City to go. I think
we've made that pretty clear. If each person in this room represents only, only 50 people in this City,
where are the people who support this store '~oming in? Not even one person. I think that shows,
8
perhaps, the direction that the citizens want this issue to take. Again, I commend you for your
efforts. Thank you for helping us make Federal Way the kind of City we want it to be.
9
10
MAYOR GINTZ:
Thank you, Colleen It'll put a damper on anyone
11
12
wanting to speak in favor of it, I'm afraid. Uh, Dick Billington.
FROM THE AUDIENCE: That was for the, uh, speed bumps
13
14
MAYOR GINTZ:
MARY PENA:
Oh, sorry. Uh, Mary Pena.
Mr. Mayor, Councilmen. I'm just here in support. I
15
have come. I have some friends who are standing out there with you. Uh, your opposition to this
has been very courageous. It's uh, not an easy thing that you've done and we just applaud you. I
16
17
18
agree with everything that has been spoken here this afternoon I can't add anything to it, except
thank you very much for being Federal Way. Thank you.
19
20
MAYOR GINTZ:
Thank you. Uh, Emmanuel Marroquin.
EMMANUEL MARROQUIN:
Good Everung. Uh, my name is Emmanuel
21
Marroquin. And I would like to commend you personally for the uh, courage that you are taking
in, uh, this business. I would like to tell you that doesn't make any difference how white the business
22
23
wi1l be painted. But, we'll be uh, selling of nothing but death to our younger kid, uh, generations.
I have, I am the father of three kids and uh, I love them to death. I care for them, and to open this
24
25
kind of business here, will increase the possibility of having a greater crime here, in our city. I live
at 372"d Street and I'm proud of this city. I'm proud ofuh, each one of you and 1 support you and
26
27
commend you, uh, for the step that you're taking. We don't need any more, uh, places like that here
28
This is not uh, uh, cause. This is not a uh, case of a cold This is a case of a cancer. And, uh, we
- 19-
2
don't need anymore trash in our city.
MAYOR GINTZ:
Thank you very much, Emmanuel. Roy Wilson.
3
4
ROY WILSON:
Thank you for allowing me to speak. Uh, I believe I
marked that wrong.
5
MAYOR GINTZ:
O. K.
6
ROY WILSON: Great. Uh, by way of introduction, I'm Roy Wilson.
Uh, I'm the uh, Public Affairs Director for the'1¡o¡h, Church ofJesus Christ of Ladder Day Saints in the
7
8
9
uh, greater Federal Way area. Uh, I've been in conversation with uh, President Mitchell, who is the
10
leader over uh, 12 congregations; uh, roughly 4300 members in this area. And, and, we as a church,
fundamentally and strongly oppose uh, these kinds of things, these types of businesses. And, uh, we
11
12
will do all we can to show you that we are in support of this moratorium and uh, there have been, I've
noted several uh, church members show up tonight. Uh, thank you.
13
MAYOR GINTZ:
Thank you very much, Roy. George Marhad.
That was to be, a, uh [From the audience)
14
15
GEORGE MARHAD:
MAYOR GINTZ:
Oh, I'm to read it? Or,
16
GEORGE MARHAD:
That was just a comment for the record.
17
18
MAYOR GINTZ:
Just a comment for the record. I should read it into
the record then? Or, do you want it just noted for the record? Is that O.K. to note it for the record?
19
20
LONDI LINDELL:
MAYOR GINTZ:
O.K. Pam. The same? OK That'll be noted,
Yes.
21
22
then, for the record. These all go to the City Clerk, so, and, uh, Steve Watt.
STEVE WAIT:
My name is Steve Watt. I reside at 34726 - 31" Court
23
24
South West. I would also speak in support. I want to thank you and commend you for what you're
doing with the moratorium. I wanna speak quickly to secondary issues As a community pastor and
25
family counselor, I often see the devastation to marriages and their children that is directly supported
by the retail sex industry. While sex is a wonderful part of our creative potential, it is marketed in
26
27
28
ways that promote disloyalty in the lives of couples, deep addictions and behavior destructive of the
fabric of our community Thank you very much
- 20-
MAYOR GINTZ:
Thank you very much. That is all I have except for
2
those people that wanted, uh, infonnation read into the record, which I shall do now. And ifanybody
3
GILBERT BROWN:
MAYOR GINTZ:
[inaudible]
4
Yes.
5
6
GILBERT BROWN:
[From the audience] I would like to contribute one
7
addendum. Before the 30"' of this month, I know, by practice and experience that I will be on
[inaudible] by my position on this dirty busi~ss. These people that are representing themselves to
8
you are front people. The people who will contact me will be [inaudible] and pray for me.
9
10
MAYOR GINTZ:
OK, thank you, Uh, Lynn Templeton, former
11
Councilmember Lynn Templeton, could not be here this evening, wanted this read into the record.
Uh, as a fonner member ofthe City Council I wish to add my voice to those urging you to continue
12
the moratorium on adult business. This position is neither in favor' of, nor opposition to, Castle
13
Superstores. In the City's short history the City Council has consistently and fairly taken the
appropriate time to investigate and evaluate significant issues that affect the planning anú
14
15
development of Federal Way. A building moratorium was imposed following the incorporation vote
16
to better plan and handle the affects of growth, particularly multi family housing. An interim land use
plan was developed to guide the new city's growth, and that plan was carefully reviewed and
17
18
19
amended over time, most recently with the sign code. The City Shape plan was the result of
thousands of hours of time spent by consultants, community members, staff members, commissioners
and Councilmembers in developing the vision for a downtown core. That vision is now three steps
20
21
closer with the work of the Economic Development Executive, the construction of Celebration Park
22
and the planning for future rapid transit links. It is therefore prudent and consistent to take the time
23
necessary to consider adult business and entertainment and how such enterprises integrate with
24
25
zoning, planning, economics, housing, parks, transportation and potential other applications
A
motivation for incorporation was the opportunity to effectively and efficiently plan the orderly
26
development of the City, particularly the downtown core. The citizens of Federal Way have been
27
28
well served the Council's pragmatic and thorough approach to a well integrated and working
community plan Whether the matter be adult business, or any other future issue, I hope the Council
- 21 -
remains consistent to its commitment to carefully evaluate the City's development. Thank you for
2
the opportunity share these thoughts.
3
AUDIENCE MEMBER:
MAYOR GINTZ:
No, No, I'm almost done. It, uh, uh, we're close.
Mayor Gintz, is it O.K. to applaud now?
4
5
We're close. I'll, I'll, give you the high sign. Uh, This is from Theresa Crock, uh, in lieu of
6
speaking, wanted this read into the record. Truman High School, Alternative High School serves
students ages 14-20. Older students have ac~ss to go to this store during school hours, and bring
7
8
9
it to school. Do you know that Truman has an on-site daycare for children? As a teacher and as a
parent, I prefer that this store does not happen.
10
LUANNE ROGERS. I feel the moral issue here is being threatened. Federal Way
is a family community and by allowing this adult entertainment center jeopardizes this. By allowing
II
12
this adult center to open is asking for trouble which we are trying to lower.
13
BEN BROZOVICH. It says please continue the moratorium. I hope the Castle will
14
never open. Respectfully.
15
DEBRA COATES, who was referenced in uh, Mr. Templetons's letter; she's the
16
Economic Development Coordinator, uh, for the City and the Chamber.
Mayor Gintz,
17
Councilmembers: Thank you for your prompt action in implementing a moratorium on additional
18
adult retail businesses in our community. As you know, the City and Chamber have recently formed
19
a partnership for downtown revitalization. Tens of millions of public and private sector funds are
carefully being invested to create our future. An integral component of this revitalization is economic
20
21
development, which includes business recruitment. In order to allow this family-oriented community
22
to prosper into the next century, it is crucial to evaluate those businesses which are appropriate for
23
24
this community. To preserve Federal Way as a place in which we can live, learn, work and play, I
strongly encourage the continuation of the moratorium to allow you to fully analyze the implications
additional adult retail businesses would have on Federal Way. A final though is that as we become
25
26
more regional in nature, our neighboring community to the south has a convenient new adult retail
27
store that could be supported by those who wish. Thank you. And finally, from Dini Duclos. Dini,
you're here. Do you want to speak or do you want me to read?
28
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2
3
DINI DUCLOS:
MAYOR GINTZ:
[Inaudible from the audience]
O.K. I am writing to share with you and the other
members of the City Council my grave concerns regarding the possible opening of Castle, an "adult"
4
store in the City of Federal Way. I encourage the members of the Council to continue the
moratorium on such action. I am opposed for several reasons and will elaborate on each. First, there
5
6
is already such a store in Tacoma, which is in extremely close proximity to Federal way. I do not
believe the market needs an additional stor~)þ,.hen people from Federal Way have easy access to
7
8
Tacoma. Second, I believe that such a store in our City would have the effect of economic
devaluation instead of economic enhancement, something that we are working for now in Federal
9
10
Way. Federal Way is working to change its image in a positive manner and improve its downtown
core. A store of this quality would not enhance our chances to attract new businesses and families
11
12
to our city. Third, I am very concerned over the prospective location of this store. It is very close
13
14
to our school children. I know the owners claim that no one under 18 years will be allowed
admittance but there will be those underage who fall through the cracks, as well as those who are
15
16
"drawn there by the challenge to gain attendance" and the mystique of seeing what is there. Fourth
is my concern for the increased crime rate that will result if such a store is allowed to open. An article
in the P.I. last week quoted that studies have shown that crime does increase in areas where such
17
18
stores operate. We have spent much time and effort building a "neighborhood police force" to
combat and reduce the crime we already are faced with. Those of us living in Federal Way want a
19
20
community that is safe for children and adults. We want businesses that subscribe to and add to the
safety of the community, not ones that are known to encourage crime and criminal activities. Finally,
21
22
from Cucina, Cucina Restaurant which is in close proximity as well to the operation:
23
24
CUCINA, CUCINA:
To the people of Federal Way: As part of the Federal
Way business community, we would like to extend our thanks to those of you actively involved in
the continuation of the moratorium on the proposed "Castle Super Store." We believe that the
25
26
economic development of the city of Federal Way is critical, and building economic strength is
27
important; however, providing a safe and healthy environment that is family oriented should not take
28
the proverbial "back-seat" We extend this letter in support of the moratorium. Thank you for lour
- 23 -
2
time. Vh, signed Elizabeth Madrid, Manager. With that, uh, 1 will uh, public hearing to consider the
adult entertainment retail moratorium,
3
LONDI LINDELL:
Mr. Mayor, do you have any questions? You may
4
want to have that as part of the record before you start deliberation. I'm not sure if Council has
5
questions of either staff or the public. If not, you can close the hearing and immediately start your
6
7
deliberations.
MAYOR GINTZ:
'JtJh, we'll leave it open. Councilmember Gates
8
MARY GATES:
Yes, urn, thank you, Mayor, Dh, Gintz. I would like
9
10
to enter a statement into the record, if you would allow me. It's very short. 'I'd like to remind you
that as Mayor of the City of Federal Way in 1995, I led this Council in creating the adult
11
entertainment ordinance and we did that with the understanding of very serious, negative, secondary
12
13
effects. And, 1 want you to know 1 support this Mayor and this Council in the extension of the
14
moratorium passed by the Council for the superstore issue. Frankly, 1 really resent however, any
inference that I would encourage anything like a superstore of this type and its secondary effects to
15
give Federal Way sex appeal; and I find that, uh, suggestion patently ridiculous."
16
MAYOR GINTZ:
O.K. Thank you, uh, Councilmember Dovey.
Thank you, Mayor Gintz. I, I have a couple questions
17
JACK DOVEY:
18
that don't necessarily need to be answered now; but, I'd hope that as we extend this moratorium,
these are things that we, uh, get answered. Uh, we've had a lot of good testimony about the distance
19
20
of this location to schools and, uh, to residential areas; and our, our zoning, in our codes, we have
21
22
a thousand feet as a base line. I guess I'd like to have a little bit more information. How far are we
£Tom residential? How far £Tom parks? How far £Tom urn, the schools and churches, so we have
23
24
those documented; and I'd also like to make sure that we have a little more information on the
economic impact of the surrounding, uh, neighborhoods and businesses. We've heard from Cucina
25
Cucina and I think we have on record a letter from John L. Scott in opposition of this establishment
26
and, and, continuing the moratorium and um, although I applaud everyone for the moral issue of this,
uh, establishment, I think that we, I really wanna look at the economic impact and the, uh, safety for
27
28
our children and the traffic impacts and those type of things as we evaluate and how we continue this
- 24-
moratorium.
2
MAYOR GINTZ:
O.K., anybody else? I will now, yeah, after the, after
3
the official closing, we're going to do it. The public hearing to consider the adult entertainment/retail
4
moratorium is now closed.
5
AUDIENCE:
-applause-
6
MAYOR GINTZ:
It's been a long time since I've been applauded like
7
8
that. Thank you very much, thank you. O.~""'City Council deliberation. Councilmember Watkins
PHIL WATKINS:
Mr. Mayor, I'd move that the Council continue the
9
moratorium on the acceptance of business licenses for adult entertainment and adult retail uses until,
10
Aug, uh, August 16, 1998.
II
JACK DOVEY:
MARY GATES:
Second.
Second
12
13
14 discussion?
15
16
MAYOR GINTZ:
O.K., It's been moved and seconded. Is there any
If! may speak to my motion.
PHIL WATKINS:
MAYOR GINTZ:
Yes, please.
17
18
PHIL WATKINS:
Uh, among the reasons we have zoning codes, is to
protect the property values of the people who live at Federal Way and to protect the public's safety.
19
20
Uh, we don't allow, uh, rendering plants in residential neighborhoods and we don't allow stamping
21
plants next to hospitals and nursing homes. Uh, ITom what I've read and what I've heard tonight and
based on my best judgment, uh, it seems to me that these kinds of adult entertainment and retailing
22
operations have impact on, uh, the property values of our community and the surrounding property
23
owners and in fact there may be impact on the public's safety in secondary effects. Uh, I think we
24
need the time to adequately review and reach rational decisions on that, uh, and therefore, I, I, think
it's very well, uh, it's very appropriate that we continue this moratorium uh, through August, uh, 16"
25
26
to give our staff and our Council time to study uh, this in-depth.
27
28
MAYOR GINTZ:
MARY GATES:
Anybodyelse? Council, uh Councilmember Gates.
Mayor Gintz, I also was very pleased that we had
- 25 -
26
27
28
2
3
citizens bring folWard, uh, additional information, uh, the 28 pages have not gotten to us yet, but this
gives us an opportunity to really look at the information that both the citizens have provided as well
4
as to the information that our, our attorney has uh, mentioned in, in the introduction this evening
Uh, that includes not only the information on secondary effects and those findings, but also uh, the
5
6
Court cases that will give us, uh, instruction as to what we can do. And, so I very much support the
motion.
7
MAYOR GINTZ:
'JÐeputy Mayor, uh, Park.
8
MICHAEL PARK:
Mister Mayor, Uh, I'd like to comment, uh, the in
9
prospect of the uh, as a small business owner and the parents of teenagers. Uh, the uh, as a small
10
11
business, my business is located right on 99 and outside the City boundary; however, past few years,
'bout 4, 5 years, I was victim of the uh, kinda secondary, the uh, effects. Because of the uh, my
12
location of the business, the 99, lotta sunny days, there's a lotta the uh, prostitute seeking for passing-
13
by customers. So, I found out the customer very hesitate to come in in my store, because they don't
want a contact with those kinda people. And right behind the property which is apartment complex,
14
15
16
there's a lot of drug activity going on. Couple times, big drug raid by the police. And that's kinda
take away some my business revenue. So, I clearly, eh, experienced this kind of event. Uh, there's
a secondary impact, in economic. And uh, as a parent, uh, the uh, you know, I'd like to raise my kids
17
18
and your kids as safe and livable in the environment. I think clearly it is the against that kind of will
19
20
and City already allocate multi-million dollar to revitalize downtown area. I don't know whether this
going to be a, uh, uh, the uh, we are not, the, uh, this is clearly is not the same direction what we are
21
doing right now. So I fully support this issues. Thank you.
22
MAYOR GINTZ:
PHIL WATKINS:
O.K., uh, Council member Watkins.
23
24
I'll defer. Ijust have a brief, closing clarifications, so
MAYOR GINTZ:
LINDA KOCHMAR:
Councilmember Kochmar.
25
I just want to say I'm, I'm extremely pleased with the
turnout we've had from our community because we're not in this alone, we're in this together And,
what I guess I'm concerned with, and I, and one of the other things we'd like to look at is the, um,
secondary effects, in the fact that we are trying become a pedestrian-friendly community and that our
- 26-
2
3
children will be walking past that area. Our children will be going, the at-risk youth who will be
going to Truman High School, the transit center will be in that area. Uh, we're trying to make our
community urn, a community that you want to uh, be visually, uh, pleasing; and, and, that you're
going to feel safe walking through. And so, I hope that, that's one of the issues we're going to be
4
5
looking at. And, again, Ijust wanna say that I think it's wonderful that the people that came here
tonight, took their times, took their effort and have the courage to stand up and be counted.
6
7
MAYOR GINTZ:
LINDA BURBIDGE:
,j¡'hank you. Uh, Councilmember Burbidge.
I would like to express my support of the proposed
8
9
10
moratorium; extension of the moratorium. And, also to add that I think that iris essential that we do
this so that the concerns that were expressed tonight can be addressed effectively. Urn, and also that
II
12
our City will be allowed to develop effectively in a positive and safe manner.
PHIL WATKINS:
AB a parliamentary uh, clarification, uh, for the record,
13
I'd like to say my motion is a vehicle for the adoption of the resolutions and finding offact which is
14
15
contained in our packet.
MAYOR GINTZ:
Thank you. Anybody else? I'm gonna make some
16
comments uh, I never buy magazines at the grocery store, but I did buy one. It's TIME Magazine.
17
And for those of you who can't see it, this is a cute-as-a-bug's-ear little, two-year old boy, dressed
18
in battle fatigues, shouldering a rifle; and probably nine years after this picture was taken, he's the 11-
year old that murdered five kids in Jonesboro. Uh talk about secondary effects. It's just enough to
19
20
make you sick. So, I might pick up a TIME Magazine, but that's, you know, I, I think there is uh,
an argument for secondary effects. Uh, I said earlier today that uh, we don't allow Les Schwab Tire
21
22
stores. I, I was asked by a reporter about, you know what if a Castle Store is going to be discreet.
23
You know, and, and, I suggested that Les Schwab Tire isn't going to be indiscreet; but we don't
allow tire centers or mechanic shops in our downtown core, new uses. We're allowing those that are
24
25
already there. And which is consistent with what we're doing here. But, uh, that's one thing we
26
don't want in our downtown core is tire stores uh, it's meant to be more pedestrian-friendly than that
27
type of activity affords. Uh, we have five foster boys at home right now, they're all teenagers, uh.
they all are at-risk in one area or another uh, and I'm horrified when I think of Truman High School,
28
- 27 -
25
26
27
28
'cuz I can guarantee ya there are kids 18, 19 and 20 going to Truman and, I'll guarantee you without
2
3
a doubt, they will buy the products and share them amongst the 14, 15, 16 year olds at Truman High
School as well. And it makes it way too convenient. Dh, we talk to the boys at home about garbage
4
in, garbage out, I'm thinking usually about rap music and some of the guttural utterances that occur
5
in that type o~ o~ music; uh, but it is true, garbage in, garbage out. We talk about right is right; even
if nobody is doing, it wrong is wrong; even if everybody is doing it, uh, I think we have to take a
6
7
stand and we're trying to do that effectively aJld legally in Federal Way. Dh, talk about, especially
in the area of drug use, uh, and the kids trying to stop using drugs; hang around bank robbers, you're
8
9
gonna rob banks. It's uh, a common tenn that we use and, and I think it's true. Ifuh, if we, ¡fwe
infest ourselves with this kind of activity, we're gonna have problems. And finally, uh, and something
10
II
that we can't really get a handle on perhaps, but City Attorney pointed out to me today, uh, and this
12
13
is one of my favorite sayings right now, character is what you are in the dark. Uh, Castle Superstores
purchased the property under an assumed name, or a fictitious uh, fi-ont person or entity; uh, I don't
14
15
know how willing they were to work with our community in tenns of coming in and, and being a, a
good corporate citizen. In that vain, I think they know that there's going to be problems and I think
16
we need to be ready to address those before the fact, not after the fact. So, with those observations,
uh, if there's no more comment, I'll uh, vote on the motion to continue the moratorium and to adopt
17
18
the findings offact. All in favor, say aye.
19
ALL COUNCILMEMBERS:
MAYOR GINTZ:
AYE
20
Opposed? Motion carried
21
unanimously.
22
23
24
- 28 -
EXHIBIT "D"
CRIMINAL ACTIVITY FROM CITY OF
BELLEVUE
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'C"-CER REeonT
"98B-4694
PARK RULES-CLOSING TIMES
LOCATION:
S"EYOLOCl<EN BOAT RAMP
3000-BELLEVUE "AY SE
BELLE VUE, t.lA. ~B004
SUSPECTS: ~
DA~ME: ~
~ FOLLO"ING INCIDENT OCCURRED IN THE CITY OF BELLEVUE.
COUNTY OF KING. STATE OF '-IASHINGTON ON DATE AND TIME LISTED.
I '-IAS ON ROUTINE PATROL CHECKING THE St.lEYOLOCKEN BOAT
RAMP LOT. AS I ENTERED THE LOT I OBSERVED A BLUE MAZDA TRUCK
NORTH PART OF ~~~ ~O~~UE A~E~ ~~~~~INATED THE VEH~~~~~D I I~A~HE
~~~J~~i T~U~~~~S I ~~~K T~~I ~~~ Y s~~~~7?~. ~H~A~~~ I ~~;S......
I EXITED MY PATROL CAR (FLASHING LIGHTS ACTIVATED) AND I
'-IALKED OVER TO THE SUBJECTS. AS I GOT CLOSE TO THEM<BET'-IEEN
THE CARS) I COULD SMELL THE ODOR OF BURNING MARIHUANA. I HAD
THE SUBJECTS STEP A'-IAY FROM THE VEHICLES. I THEN ASKED THEM
TO STEP OVER BY MY PATROL CAR(1440).
,-",' "
I ASKED 'tHAT HE t.lAS DO I NG I N THE PARK. HE TOLD
ME THAT THEY HAD JUST MET UP THE STREET<R&R ADULT TOYS) AND
r THEY "ERE JUST TALKING. I ASKED t.lHAT THEY t.lERE TALKING
¡ ABOUT. HE THEN TOLD ME THAT THEY '-IERE DISCUSSING A "'THREE
' '-lAY"' "ITH HIS GIRLFRIEND. I ADVISED--THAT HE t.lAS UNDER
I ARREST FOR THE PARK RULES V 10LATION (CLOSING TIMES). HE "AS
; SEARCHED AND "AS PLACED INTO THE REAR OF MY PATROL CAR.
I ,
I ASKED "HAT HE '-IAS DOING IN THE PARK. HE TOLD
ME THAT THEY WERE JUST TALKING. I ASKED ~"HAT THEY
t.lERE TALKING ABOUT. ~THEN TOLD ME, THAT THEY HAD MET
AT R&R ADULT TOYS. THAT THEY HAD DROVE DOt.lN TO THE PARK
BECAUSE THEY t.lERE GOING TO ENGAGE IN' ORAL OR ANAL SEX. I
THEN TOL' THAT HE '-IAS UNDER ARREST FOR THE PARK RULES
V IOLATION (CLOSING TIMES) AND HE WAS ALSO SEARCHED AND PLACED
INTO MY PATROL CAR.
,
,
¡ I S¡;:ARCHED VEHICLE INCIDENT TO ARREST AND FOUND
L NOTHING. A RECORDS CHECK WAS COMPLETED ON BOTH SUBJECTS AND
'¡ THEY "ERE FOUND TO BE CLEAR. BOTH SUSPECTS WERE ADVISED OF
THEIR RIGHT TO AN ATTORNEY AND THAT IF THEY COULD NOT AFFORD
ONE THAT THE COURT WOULD PROVIDE ONE FOR THEM. CITATION'
:~~I ~~~~~D W~~n~~ED OUT FDR I ISSUE~N~H~~T~~~~~ ~~~~~6~~~
' THEY "ERE RELEASED UPON SIGNING. THEY IJERE BOTH EXPLAINED
i BOTH SIDES OF THEIR CITES. I CLEARED THE SCENE AND COMPLETED
~ THIS REPORT.
THIS CONCLUDED MY INVOLVEMENT IN THIS CAS~
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TO: MAJOR EGAN
FROM: CAPTAIN SIMONTON
DATE: 05-18-98
SUBJECT: MONTHLY UPDATE ON R&R ADULT TOYSILIBERTY BOOKS
This update covers the month of April 1998. On April 9, 1998 Captain Pillo and
Robin Zambrowsky conducted inspections of both businesses. The businesses were found
to be in compliance.
Police Response: Patrol was again asked to emphasize contacts and walk through
inspections of both R&R and Liberty Books. The following is a list of CAD activity for
both businesses during the month of April:
R&R ADULT TOYS:
04-07 -98
04-08-98
04-10-98
04-19-98
04-21-98
0008 HRS
0201 HRS
0152 HRS
1336 HRS
0105 HRS
LIBERTY BOOKS
04-07-98
04-21-98
04-25-98
04-27-98
04-30-98
1932 HRS
0010 HRS
1744HRS
0100 HRS
1056 HRS
Walk through.
Dispatched call on a QA vehicle. Unable to locate.
Flagged down by subject. Assistance rendered.
911 check call from payphone. Unable to locate.
On view contact. Cleared with a Lewd Conduct FIR.
Walk through.
Walk through.
Theft Complaint. Case #98B-5075
Clerk reports QA subject "hanging around". GOA.
Found clothing. Case #98B-5298
On 04-16-98 at 0001 HRS Officer located 2 vehicles in the Sweylocken Boat
Ramp area of the park after hours. Two male occupants of the vehicles were contacted.
They smelled of burnt Marihuana, and were arrested for park rules violations. They both
admitted they met at R&R Adult Toys and drove to the park to have sex.
Patrol contacts were re-emphasized with the night shifts, and walk through
contacts and inspections continue in May.
9-1
Police Calls For Service *
R&R Adult Toys, 210106 PL., NE.
Year # Calls Der Year # Arrests Der Year TvDe of Calls
(All Offenses)
1987 I ' 0 Assault
1988 2 0 Burglary, QA
1989 2 0 QA, Maj. Misc.
1990 2 I Theft, Lost Property
1991 8 I Lewd, Theft, Warrant
1992 5 I Lewd, Burglary, Other
1993 7 3 DUI, Lewd, QA, Maj. Misc., Robbery
1994 4 I Forgery, Misc., Assist, Mal: Misc.
1995 2 0 Prostitution, Theft
1996 3 0 Trespass, Found Property, Theft
1997 7 II Warrant, Fraud, Lewd, VUCSA
II Yr. Total: 43 (3.9Nr. Ave)
SynDesis of 1997 Sex Related & Dru!!: Arrests:
April. 1997,22 YeA male arrested, observed in PU truck, in parking lot exposing self.
July, 1997, 69 YOA male, arrested, observed incar, in parking lot exposing self.
October, 1997 2 males ( 34 YeA and 48 YeA) arrested, observed in car, in
parking lot engaged in oral sex.
November, 1997,40 YeA male arrested, obs(:rved iri car, in parking lot using cocaine.
December, 1997,32 YeA female and 36 YeA male arrested selling cocaine to police
in the parking lot.
Liberty Books, 215 112th A V., NE.
Year # Calls eer Year # Arrests eer Year Tvee of Calls
(All Offenses)
1987 2 0 Burglary, Traffic Accident
1988 0 0
1989 2 0 Nuisance Calls, Burglary
1990 ] 0 Possession Stolen Property
1991 1 0 Other
1992 I 0 Warrant
1993 0 0
1994 3 I Found Property, Warrant, Burglary
1995 ¡ 0 Prowl
1996 5 7 Lewd, Alcohol Violation
1997 3 1 Shoplift, Theft
]998 2 2 Lewd
9-%
II Yr. Total: 21 (1.9/Yr. Ave)
Svnoosis of 1996 and 1998 Sex Related Arrests:
January, 1996, 39 YeA male, arrested in store committing lewd act.
February, 1996, 52 YeA male, arrested in store committing lewd act.
March, 1996,30 YeA male, arrested in store committing lewd act.
March, 1996, 29 YeA male, arrested in store committing lewd act.
January, 1998,31 YeA male, arrested in store committing lewd act.
February, 1998, 42 YeA male, arrested in store committing lewd act.
Love Pantry, 14220 NE 20TH ST.
Year #Calls oer Year # Arrests oer Year Tvoe of Ca lis
(All Offenses)
1988 3 0 Prowl, Theft, Burglary
1989 1 0 Fraud
'- 1990 0 0
1991 2 0 Burglary, Fraud
1992 0 0
1993 0 0
1994 0 0
1995 3 2 DUI, Theft, Lewd
1996 1 0 Burglary
1997 2 0 Traffic Accident, Fraud
10 Yr. Total: 12 (1.2/Yr. Ave)
Svnoosis of 1995 Sex Related Arrest:
November, 1995,25 YeA male, arrested, committed lewd act in store.
Love Seasons, 12001 NE 12TH ST.
No calls for service or arrests.
* A call for service is defined as a police response and completion of a crime report either
at the request of the caller or based on the officers observations.
'1-;/
'cruisingCorsex.com, Washington
4/6/98 1:51 I'M
Sex List in
Last updated April I, 1998.
Aberdeen:
» Stewact's Park has constant action beginning around 9 am lasting until after dark. Panicularly busy
around lunch time. Occasional family with kids in play area. Action in cars, on trails, and in portable toilet
areas. Year round action, but best during sunny days.
This note aITived in October, 1997:
"There are no Portapotties and no real trails other then some brush and stickers a bit pushed down from deer
and local animals. The brush in about 50 feet wide and 100 feet long along the river with houses also along
side. {Jiven the proximity of houses, I can't imagine daytime action."
Bellevue:
~ »R & R Adult Toys, 210 106th Place NE; 453-5683.
A repOlt from February, 1998:
"11ús sex shop has a video arcade in the back with short doors. Lots of JO action & showing off. Some
youger guys, but mainly older, married trade. The staff is decent and don't care about the action. The place
is really clean, has a great selection of videos (gay & straight), and you can usually find someone to hook up
with." .
Bellingham:
» Docks at Coho Way have cruisy public restrooms. Two stalls, no doors, but a
gloryhole. Some redneck fishennen, but active. anyway.
Ths update fcom November, 1997:
"Gloryholes are gone, but the doors are back; activity is questionable, however there is some graffiti. Watch
for port security guardslrent-a-cops!" .
» Lake Padden Park--several restrooms with peepholes. Lots of trees & trails.
» 1-5 Bow Hill rest area. The north- and south-bound rest stops off Interstate 5 about 12 miles south of
town are really cruisy. There are two restrooms at each stop, both with gloryholes. Lots of action daytime
and night. Plenty of guys wanting to suck off college students and truckers.
This note anived in December, 1997:
"::ontinued action all times of the day. Many older visitors, but occasional hot college students."
h IIp,llwww.best.coml-dkg2lwashi ngto n. h tml
Page 1 of 12
9 -IC'
An "inside source" at Hyatt told me mat. after the Hyatt in Houston got burned by a
television news report regarding cruisy toilets, me whole Hyatt chain has gotten very
sensitive to mese activities and is starting to crack down. This is already evident at Park --
http://www.besLcom/-dkg/Updates.html Page 3 of 6
9-//
Announcements, Alerts
Colombia (placed online April I)
4/6/98 1:59 PM
Fracœ (placed online Aplil 3)
NdheAlnds (placed online Aplil 3)
Vem~711(~liJ (placed online April 1)
ALERTS
North Hollywood, California (March 31, 1998)
The cruising along Lankershim and Camarillo isn't safe. Recent undercover busts of
men for lewd conduct. Offtcers are pretty goodlooking and will lead you on until its
time for me cuffs.
Cincinnati, Ohio (March 30, 1998)
Biggs Mall bathrooms, at eimer end of the mall. are under scrutiny. Young men and
boys are being used as decoys.
Brooklyn, New York (March 30, 1998)
Plum Beach, off the Belt Pkway, shoud be avoided. Cops on the prowl.
Orlando, Florida (March 28, 1998)
Florida Mall men's room. Undercover cops are atTesting men in the act and actively
following guys in me area mat are alone and approaching mem uying to get men to offer
the cop money for sex by telling them 'down-anomy-luck' stories.
Alexandria/Arlington/McLean, Virginia (March 28, 1998)
All parks on George Washington Park-way: Dangerlield Island (Washington Sailing
Marina), LBJ Park, Turkey Run. Police seem to be increasing harrasment at all three
locations. At Turkey Run, in the 2nd par~g lot on a nice day with lots of cars, a park
police cruiser stopped and proceeded to write down me license plates of all cars parked
their. A week later, a park police truck (sometimes seen wim a horse trailer attached) did
the same thing. Last week, a friend of mine was sitting in his car with me window
rolled up and was stopped by mis same park police truck and asked for ID, etc, as was
the car sitting next to him. In all of these incidents me same park police officer
(overweight. curly light brown hair) was in the vehicle.
Bellevue, Washington (March 26, 1998)
Regarding the R & R Adult Toys and Liberty Books, a friend who works for me police
department advises the department has made it a priority to make arrests here for "lewd"
conduct. Sounds like they are making several aITests a week.
USA Nationwide (March 26, 1998)
EXHIBIT "E"
Declaration of Herbert Hall in People V. Welty, Case
No. X-605395, Superior Court of the State of
California, County of Orange (November 8, 1989).
My only purpose going to the bookstore was to pick up a sex partner. I would stay out cruising the
parking lot, and then would stop and park. Only a few minutes would pass and I would have a male
approach me and ask me what I would like. I would state I was just looking for action. The next
question that was almost always asked, "are you a cop?" I would state no, and almost instantly he
would start feeling his private area and state I will give you head for $20. I stated I didn't do sex
for money. I would then go inside the bookstore.
I would say that there was usually four to five solicitors in the lot at one time. I constantly watched
guys get into cars (guys that approached me for money) and drive off and return 20 to 30 minutes
later. I knew they were only driving a few blocks away or around the corner and having sex in the
car. Most of the time it wouldn't take long and the same person would be back in another car,
driving off with another person. Mostly it was younger guys picking up on older men. On a normal
cruising night there could be 50 to 100 cars just cruising the area looking for sex. Most of the time,
most just cruised flashing lights, parking in parking lots, getting out talking to each other. Then
usually one guy would get into the other guy's car and drive off for a half hour and then return.
Cars were always stopping in the middle of the road, driveways, and business parking lots. After
the contact was made, sex usually occurred in the surrounding neighborhood. This is the way I
usually conducted my activity. I would say that 65-70 percent was done this way.
Then I would hit the bookstores. I would state from my personal experience that 90 percent of the
bookstore's intention for business is to promote sexual activity. I looked for bookstores that had
doors that locked so I could have sex. I never occupied another booth with another person because
I was afraid of being caught. But, I was very seldom in one, when I didn't see two guys coming out
of a stall. I looked for bookstores that had holes cut into the walls. These holes were big enough
that oral sex could be conducted. One time I thought I was having oral sex through the hole and
discovered it was anal. Many times I would enter the booth and the guy would shove his penis
through the hole without even saying a word, wanting head. Many times I was offered a rubber so
I could have anal sex. Always the bookstore was dirty. I would see used condoms on the floor,
dirty paper towels, semen on the floor and advertisements written on the walls for sex and phone
numbers. People always watched who went into a certain booth, and if they were interested, they
would go into the next one to have sex. Most of the time I would watch other sex acts from the
hole.
I got to know a lot of male prostitutes even though I wouldn't pay for their services. I knew one guy
by the name of Tom who showed me $200 he made in one night. Tom told me he also did heroin
and had been in and out of jail for robbery and drugs. Several times I would give Torn a ride to
Buena-Clinton area where I knew he bought drugs. I would never give him a ride back because I
didn't want to get caught with him with drugs and I didn't do drugs. Tom always offered me some
and I declined. Tom always told me how much money he made doing prostitution and drugs. He
also told me how he would jack roll older clients because they couldn't defend themselves and they
wouldn't report it to the police because of publicity. I observed Tom beat a guy up one night
outside the bookstore for not paying him back for drugs Then another night this male prostitute
by the name of Carl stated he had this girl I would get with for $30. I gave him the money and the
girl wasn't there. I was going to beat Carl up for ripping me off. Carl was arrested for robbery
before I got the chance.
I went to the bookstore mainly for sexual purposes. There was nowhere else I could go where I
could find everything I was looking for. I knew the bookstore owners knew what was going on but
was only looking for money. I look back on how these bookstores have ruined my life. They mú
there for personal enjoyment. They are there to promote sex, violence, prostitution and selling of
drugs. When an owner knows illegal activity is happening and does nothing to prevent it, he should
be closed down for public safety. This is illustrated by holes in the wall for sex. If holes weren't
there or doors weren't there, I can guarantee there would be none or little business.
CITY OF FEDERAL WAY
Office of the City Clerk
Federal Way, Washington
In Re: The Matter of the
Public Hearing Relating to the
City Council Agenda Ite~
Adult Entertainment/Retail Establishment
Moratorium Renewal & Work Plan
or Expiration
TRANSCRIPT OF PROCEEDINGS
BE IT REMEMBERED that on the 11 th day of August, 1998, at 7:30 O'clock
p.m., in the Council Chambers, at 33530 First Way South, Federal Way, Washington, the above
mentioned public hearing took place before the City Council, at their regular City Council
meeting.
City Councilmembers present included Mayor Ron Gintz, Deputy Mayor Michael
Park, Councilmembers Jeanne Burbidge, Jack Dovey, Linda Kochmar, and Phil Watkins.
City Staff present included City Manager Kenneth E. Nyberg, Deputy City
Manager Philip Keightley, City Attorney Londi K. Lindell, and City Clerk Chris Green.
Transcript of proceedings prepared by: ~\ ~
INTRODUCTION
MAYOR GINTZ: I will now open the public hearing to accept public
comment on the adult entertainment/retail moratorium implemented by the Federal Way City
Council on February 17, 1998. The moratorium prohibits the acceptance of applications for and
the issuance of land use, building and development pennits, and business licenses for adult
entertainment establishments and adult retail uses. The moratorium has been in effect for 180
days and will expire on August 16, 1998, unless the City Council elects to renew the moratorium
for six months. After the City Council has heard the staff presentation and all public testimony, it
will either adopt the findings offact to support renewing the moratorium for six months, or it
will allow the moratorium to expire.
HEARING PROCEDURE
MAYOR GINTZ: The hearing procedure is as follows. The public hearing
will be conducted in the following manner: First of all, City Attorney Londi K. Lindell, will
make a brief presentation on legal issues, studies of effects of adult retail establishments and
other sexually-oriented businesses, recent court decisions, and a proposed staff work plan. She
will be provided approximately fifteen (15) minutes for this presentation.
PUBLIC COMMENT
MAYOR GINTZ: The second order of business will be public comment
Testimony will be limited to three (3) minutes per person. In addition to public testimony, any
interested person may participate in this public hearing by submitting written comments for our
consideration. If, in fact, you wrote comments and chose not to step to the podium, I will read
those for you if you've indicated that you prefer that.
Finally, and I will simply suggest if your position has been clearly articulated, that you
might say ditto or something to that effect. But if you have a strong desire to address the council
with additional or even repeat infonnation, we'd be pleased to hear that. Finally, the City
Council will then have an opportunity to ask questions of either the public or the staff. I'll open
the public hearing and call on Londi K. Lindell to address the Council.
2
PUBLIC HEARING
STAFF REPORT
CITY ATTORNEY LONDI K. LINDELL: Thank you, Mayor, City
Councilmembers. For the record, my name is Londi Lindell. I am the City Attorney. The purpose
of the public hearing tonight is to ask you to consider whether or not to renew the moratorium on
permitting certain adult uses for six months. The purpose tonight is not to discuss specific code
amendments to the Federal Way City Code. On February 17, 1998, you enacted the moratorium
on the acceptance of applications for an issuance of permits and licenses for adult entertainment
and adult retail uses. Exhibit A in your packet contains your moratorium.
Pursuant to state law, you had the required public hearing within 60 days on April 7,
1998. A copy of that transcript of that public hearing is included in your packet as Exhibit C. All
of the testimony supported the continuation of the moratorium and members oftl1.e public
testified to secondary effects from these adult businesses. Following the conclusion ofthe
hearing, you voted to continue the moratorium until August 16, 1998, in order to provide staff an
opportunity to review studies on the secondary effect on adult businesses and also to perform
additional legal research into cases involving adult regulations.
During the last six months we have performed extensive research and review on the issue
of these secondary effects. As a result of this work, we have also concluded that adult
establishments and adult retail uses, such as adult bookstores, do have negative secondary
effects, such as decreased property value, an increase in criminal activity near these locations, a
negative impact on the character and the quality of the surrounding residential and business
communities. A negative impact on such uses are located in close proximity to incompatible uses
such as schools, churches, parks, daycare facilities and residential communities. Accordingly, we
are recommending that the City Council direct staff to prepare code amendments for the City
Council's consideration and adoption during the six-month renewal period.
I'll go over briefly now some of the reasons for the extension. There have been recent
cases that have come out that address and are significant on this issue. There are some significant
studies out ofthe state of New York. We've had discussions with surrounding jurisdictions and
other jurisdictions are also involved in this process and staff needs sufficient time to analyze
these studies particularly in light of the First Amendment free speech protections and to draft
appropriate code amendments.
First, I'd like to talk about some of the significant new cases that have come out. At your
60-day hearing, we talked about a case entitled, "World Wide Video vs. City of Tukwila," and
that case came out in 1991. There have been two significant decisions. The first is "C. J. Gibbs
vs. City of Aurora. And this came out in February of 1998, which is actually the month you
adopted your moratorium. In this case, the Court of Appeals upheld the City of Aurora's
ordinance which regulated an adult book store selling adult books, magazines and adult novelties
when all of the material was sold for offsite viewing only. The court noted that unlike other adult
uses such as adult theatres, peep shows, panorams and nude dance clubs, this retail establishment
provided no onsite adult entertainment. This is significant because at the 60-day hearing, part of
your direction was to go out and perform research to determine whether or not it was significant
to make a distinction between on-premise activity and off-premise activity.
The studies that the City Council relied upon prior to adopting its regulati~ns evaluated
the secondary effects from slightly different businesses. Many of the businesses in the study had
on-premise adult activity in addition to take-home merchandise. The court held that the content
neutrality of the ordinance was not affected by the city's reliance on studies utilizing slightly
dissimilar businesses. When we get into talking about the studies, this is significant because
many of the studies do deal with adult businesses that contain both on- and off-premise activity.
This case is also very significant because it distinguishes WorldWide Video vs. City ofTukwila.
And as you may recall, in that case the City ofTukwila's ordinance was overturned as
unconstitutional. And our position has always been that the reason that that ordinance was
unconstitutional is because it was not nearly tailored to meet the substantial governmental
interest in regulating the secondary effects. That ordinance contained the definition of adult
entertainment that involved any business with 10 percent or more of its stock and trade involving
sexually explicit materials. And the court noted that that could cover mainstream video or
bookstores like a Block Buster, possibly a Barnes and Noble, and they said that was never the
intent when you're looking at these secondary effects and so the ordinance was overturned. The
C. J. Gibbs, however, clearly stands for the proposition that you may regulate adult businesses
regardless of whether or not it has both onsiteand offsite viewing of sexually explicit materials.
Next, I'd like to talk briefly about "IOQ Investments vs. City of Rochester." And this
case also involved an adult bookstore which sold adult books, magazines, and novelties. The
bookstore also challenged the city's regulation as unconstitutional. This adult bookstore also had
4
no facilities for on-premise viewing of these sexually explicit materials. The bookstore argued
that the council failed to prove that any of the city's existing adult businesses would cause
adverse secondary effects. The court held that the content neutrality focuses on the city's
purposes in enacting the ordinance. And it was clear in this instance that the council was not
targeting the content of the books or the video. It was clear that the council was targeting the
secondary effects from the location of that business. Thus, the court upheld the ordinance as
constitutional and further found that the city's not required to analyze studies and find studies of
identical bookstores to those that either are located or plan to locate in their communities.
In conclusion, both these cases came out after the City of Tukwila case and both
recognize your right to evaluate studies with slightly dissimilar businesses and studies which
consider adult bookstores and have other adult uses in the study such as cabarets.
That leads us now to a discussion on the studies. We have analyzed an ex~nsive amount
of information over the last six months and I am showing you, which I am sure many of you are
familiar with, volumes I and 2, which have been located in city council offices, containing the
studies we have received from 14 different jurisdictions across the nation. All ofthese studies
conclude that adult uses, including adult bookstores, have the negative secondary effects we've
talked about. I'm not going to go over all 14 studies. Many of you remember some of these
studies from our adoption back in 1995 of our adult entertainment ordinance dealing with
cabarets and the four-foot separation requirement. But, what I would like to do is highlight four
of those studies which deal specifically with adult bookstores which is really a subset of the
greater adult entertainment uses.
First, there are two recent studies out of the city of New York that came out in 1994.
These studies were considered by the New York Court of Appeals as being very significant and
when it upheld New York's ordinance regulating adult bookstores in the Times Square area. The
studies found that there was a decline in property value. There was increased criminal activity. It
was very difficult to redevelop downtown areas that were in close proximity to adult uses. This is
very significant for our city because, as you know, the city's is in the process of considering a
significant redevelopment of our downtown core and when considering state and federal dollars,
there is in excess of $20 million that will be invested in the next two to three years. In addition,
the Indianapolis study contained a survey of real estate appraisers. Of the 507 appraisers that
were contacted, in excess of 80% had the opinion that an adult bookstore would reduce the fair
market value of residential property located within a block of an adult use and 72% opined that
adult bookstores would reduce the fair market value of commercial property located within one
block.
And finally the St. Paul study. This study discussed the secondary effects of adult
bookstores would include discarded, pornographic literature in streets near adult retail
businesses. The study noted that such literature is sexually very explicit and becomes available to
minors even though its sales to minors in prohibited.
At this time I'm going to hand out a magazine that is the August 1998 edition of "Jock." I
will warn you that it contains sexually graphic material. The magazine was found very recently
in the parking lot of the Castle Superstore.
Finally, it is important for us to look at what other jurisdictions in our state are doing. The
five listed jurisdictions on the screen currently have adopted moratoriums on adul! retail
establishments in their city and are looking at drafting code amendments to address the
secondary effects ofthese uses. I just learned that Bothelliast week also adopted an adult
moratorium. Renton, I believe, two weeks ago obtained its six-month renewal of its adult
moratorium and is in the process of drafting. Bellevue just had its 60-day hearing and its also
working on draft language.
I'd next like to direct your attention to the back of your packet. It's right before council
business, Exhibit D and E. And Exhibit D is labeled "City of Bellevue Criminal Information."
And just as you can look at studies from other jurisdictions across the nation, you can also look
at experiences of other cities within your state and secondary effects from adult bookstores
within these cities. We've included a criminal citation that was issued by the City of Bellevue
Police Department in which two males were cited. They were contacted at a Bellevue public park
and admitted that they had met in an adult bookstore and had driven down to the park to engage
public sex. We've also included an internal police memo from the City of Bellevue Police
Department containing a sununary of the significant criminal activity including drug and sex
arrests which have occurred at or near Bellevue adult bookstores in 1997 and 1998. We've also
included a printout from an Internet site entitled, "Cruising for Sex.com," which indicates that
adult bookstores are being used as meeting places to engage in public masturbation and public
sex or lewd conduct. I'd like to quote specifically from this Internet site, which I believe is
significant, from a Bellevue bookstore:
6
'This sex shop has a video arcade in the back with short doors. Lots of jail action and
showing off. Some younger guys but mainly older married trade. The staff is decent and don't
care about the action. The place is really clean, has a great selection of videos, gay and straight,
and you can usually find someone to hook up with."
And next, I'd like to direct your attention to Exhibit E, which is a declaration of a
frequent patron of adult bookstores. This was submitted as part of some court records. And
what's significant is, based on that prior Internet site, when these individuals are hooking up at
the adult bookstore, they're not going back to a private residence to engage in public sex, its
occUlTing at public places. And that is a negative secondary effect. It's also a criminal activity.
And a key quote from that declaration is, "My only purpose going to the bookstore was to pick
up a sex partner. I would say that there were usually four to five solicitors in the lot at one time. I
constantly watch guys get into cars and drive off and return 20 to 30 minutes late!. I knew they
were only driving a few blocks away or around the comer and having sex in the car."
In conclusion, the recent case law, a review of the studies, criminal data from
surrounding jurisdictions, fully supports that there are negative secondary effects from adult
retail uses and adult bookstores and we support additional code regulations for the City Council
to consider.
Our recommendation tonight would be that you renew this moratorium for six months to
allow staff to draft code amendments which are narrowly tailored to address these secondary
effects of these adult entertainment uses. And if you support this recommendation, there is a
motion contained in the public hearing schedule before you. The resolution contains a staff work
plan to get these amendments drafted and to get them scheduled for Planning Commission, Land
Use Transportation Commission and the full City Council.
I now stand ready to respond to any questions or, if you wish, I'd be happy to come back
at the end of the presentation.
MAYOR GINTZ:
Council? Okay. Oh, excuse me, Deputy Mayor Park.
DEPUTY MAYOR PARK:
In favoring of supporting the said recommendation,
could you explain a little furthermore what's the difference between adult bookstore and adult
retail store?
LONDI LINDELL: Adult bookstore is simply a subset of adult retail store. An
adult retail store may be a store that simply sells adult videos as opposed to books. It may have
just adult magazines and adult novelty items. And really, the adult retail means to encompass
everything that's adult products for sale.
MAYOR GINTZ:
CITIZEN:
Okay, thank you Londi. Oh excuse me. I'm sorry.
Could you clarifY what is meant by on-premise vs. off-
premise.
LONDI LINDELL: Certainly. Many of the adult bookstores or adult
entertainment establishments have what we refer to as on-premise activity. And those would be
those that allow a patron to view, for instance, an adult video in a booth, or peep booths, or
panorams, and there's clearly been evidence of secondary effects as far as increased criminal
activity because ofthe prostitution and public sex or public masturbation that's occurring as a
result of these uses. The question that has been raised is whether or not secondary effects exist
when a customer is simply purchasing adult merchandise and taking it off-premi~. And what
we've concluded is yes in fact there are negative secondary effects - the discarded literature,
decline in property values, the impact on the character ofthe residential surrounding community.
So, there's clearly secondary effects whether its on-premise, off-premise, or both. But they may
be different.
MAYOR GINTZ:
Any further questions? Okay, I'll now open it up to the
public comment. There are several people in the audience that asked that I read their comments.
If you'll allow me to ask first for those wanting to stand at the podium and at the conclusion, I
will simply read through the observations presented by those people. Mr. Oil Brown? This is
being piped to Washington D.C. I think.
PUBLIC COMMENT
GIL BROWN:
I'm glad to be here again tonight, Council, and I thank you
for putting it in the paper that you were going to have another meeting. I was here the last time.
Since that time, we down there in the Shag building by Target, a residential community there
which is approximately 300 people there when we get full. This complaint, I took up this petition
to work against this establishment coming into town. They say their such a prime retail
establishment. Now that's their words. We have other words for it. And ifit did come in, these
people at Shag buildings, the only possible chance we of going down and doing any business is
possible to buy a Viagra pill. You know what Viagra pills are? It's for these old people like we
>/1.
f
are. That other stuff, we've been through it. Well, we've got several signatures here. This is a
residential section 200 feet from that property line. We want our constitutional rights protected.
Every one of us, and we'll be here for the next meeting to help you pass an ordinance. Our main
interest is not to have that unit in this community. Who do I give these to?
MAYOR GINTZ: Give it to the City Clerk there. Thank you, Mr. Brown.
Okay, who's going to top that? Jody Putnam? Putman. Sorry, I do that every time.
JODY PUTMAN: For the record, my name is lady Putman and I live at 35346
II th Court NW. Usually, I come to you as a representative of the school district. Well, I'm
actually both tonight. I'm a representative of the school district and I'm also a private citizen.
The school district's view has not changed. That store is very close to a school that has kids in it
that a lot of them could be over the age of 18 and at noon, they could go down there to that store.
So that still has not changed. We still stand in opposition to the store coming in t~at close to a
school. But, what I also would like for you to do, is as a private citizen, to extend this
moratorium. I've come to a lot of council meetings and I've seen you painstakingly go through a
lot of decisions about zoning, boundaries, annexations, wetlands, things that affect our
community. And I can tell you, that this is something that really affects our community. It's
about community. I think the reason that you do that is because you want Federal Way to be a
great place to live, work and play. Ifthis kind of a store comes to Federal Way it breaks down
our community. I love Federal Way. I live in Federal Way. I've lived here for eight years and I
love this community. It's got great schools. It's got good retail. It's got great places for kids to
be. We've got Celebration Park coming in and we're on our way to doing it. But, stores like
Castles are not community-building. They tear down the families. Family is a basic structure in
Federal Way and if we allow this kind of a store to come to Federal Way, it will break down our
community. And its not, and this is a battle worth fighting. I know you guys have a long way to
go, you have this ordinance that you have to pass, but it's a battle worth fighting. And we need to
protect our community and we need to be sure that our families remain in tact. So please don't
give up now. Please make sure that you extend this moratorium and that you eventually not
allow Castle Stores to come to Federal Way. Thank you.
MAYOR GINTZ:
JIM FLETCHER:
Jim Fletcher?
Hello. I was at the Night Out Against Crime couple weeks
ago. I had an opportunity to speak to several of our city's policemen. Listen to them describe the
9
things they're doing to keep crime out of Federal Way and to make Federal Way a safer place to
be. And then, I just find it ironic that we would say we want to do everything we can to help you,
as policemen, you know make this a safer place to be and then allow a business like this to come
in, that obviously, based on Londi's testimony, is going to increase crime and make Federal Way
an unsafe place. So I want to encourage you to pass this moratorium continuation and you'll
have my support to pass the ordinances that we need to keep this kind of a business out. Thank
you.
MAYOR GINTZ:
Thank you, Tim. Jacqueline Washington?
JACQUELINE WASHINGTON: I will be real brief. Again, my name is Jacqueline
Washington. I'm an advocate for our children. I am also a homeowner, proud mother of an
eleven-year-old and a five-year resident of the Federal Way area. I feel adult businesses will
bring negative effects and a decrease in the value of our homes. Crime will increase, for
example, continued uprise ofthe already Washington State problem we have in molestations of
our children, the rapes of the elderly, etc. And our children will be exposed to an unprepared
adult entertainment. I, again, oppose the development of an adult store in the Federal Way area.
Excuse me. I'm a little nervous.
MAYOR GINTZ:
Sure.
JACQUELINE WASHINGTON: A question I have for you to think about, why do we
have internet and television warnings for our children like N-17, you know PG-13, and what
type of warnings do we have for our children when individuals leave an adult store? Thank you.
MAYOR GINTZ: Thank you. I would point out that this is one of the rare
times when it's easier for us because we're not nervous when we're listening to you. Our
nervousness comes when we gotta make some decisions that are unpopular. I did address the
Council seven years ago before I got on the Council and I was, my knees were knockin, too. So,
please we appreciate your willingness to come forward and address for the record. So, to
whatever grade we can make you comfortable, please feel comfortable. And then I get to butcher
some names, too. Right. Right. Yes, I think we'll probably do that. And I'm going to try. Ismail?
We're on a first-name basis. I can't read the last name. I can't pronounce it anyway. So maybe
you would do that for us. Okay, how do you pronounce it?
ISMAIL ARSLANGIRA Y: I'm a Tacoma, Washington resident and I'm here because I
am for the moratorium. I hope it will go on. First of all, I'm the next door owner of the Purple
10
~
Castle store and I'm sure you can understand what my position is here. However, coincidentally,
I am also owner of a store on Tacoma Boulevard. Roger Kessel's food store is down the street
from me. We never had a problem with prostitution and we have hookers walking up and down
the street. For why we shouldn't have an adult store. It's simple. You don't eat your dinner in
your restroom. It's simple. This is a residential and commercial area. Its shouldn't be allowed.
It's simple. Plus, I would like to bring to your attention Pacific Highway has a lot of adult
establishments. Matter of fact, Ross Plaza and couple of other establishments, they do have
vacancies they are having problem filling. Just like they have great opportunity to go and deal
over there. But they don't have to be here. Thank you very much.
MAYOR GINTZ:
Thank you. I hope for the sake of other cities, you don't
have properties elsewhere. So. Mary Jean McGraw? Yes, you're comfortable. It says Federal
Way is a family community. There is no room for a super sex store. Thank you. Dawn Williams.
Just read. I'm against a pornography store being established in the City of Federal Way,
especially in the proposed location.
TED DAVIS:
Its marvelous to see how well that the staffhas prepared for
this. I'm also a Tacoma resident but we do all our shopping in Federal Way so I figured it was all
right to come and speak.
MAYOR GINTZ:
Please.
TED DAVIS: Just this afternoon, my son had one of the neighbor boys
visiting and they were sitting on the couch. The little boy leaned over to my seven and one-half
year old son and said, "Do you want to know a secret?" and he told my son about something he'd
seen in a magazine that his father had. I think this is a secondary effect that we haven't talked
about. Once this stuff gets into the community, there's just no telling where it goes. And you
listed a number of crimes that can result from this kind of material. We all have very well
thought out and very appropriate rules and ordinances against sexual harassment. It seems just a
matter of common sense that anyone who fills their minds with the materials sold by an adult
establishment is more inclined toward sexual harassment. Thank you.
MAYOR GINTZ: Thank you very much, Ted. Joyce Ivory? Just read it, okay?
My reasons for opposition ofItem number 6, Mirror Lake, Lake Dollof, Sacajawea, Illahee
Junior High, Federal Way High School. May I add Decatur since my kids go? Just to name a
few. The senior citizen building, newly built, surrounding that street also. There are groups of
II
people who will be exposed to this degrading environment if we allow this to move into our
neighborhood. Okay. Tina Andres? With child.
TINA ANDRES: Second. I wasn't planning on speaking but, I have strong
commitment against this. I've had people in my family that have been affected by pornography.
Its hurt me and its hurt them. And you guys have laws against smoking and drinking for children,
but I tell you. This pornography will not only stay with the adults, it will go down to the kids.
They get cigarettes. They'll get this. That's all.
MAYOR GINTZ:
WILLIAM MOOTH:
Okay, thank you, Tina. William Mooth?
William Mooth. Address is 32409 12th Avenue SW here in
Federal Way. I'd like to also express appreciation for the public hearing tonight as well as the
one that was back in April, and I'd just like to go on the record and encourage you to extend the
moratorium and to go beyond that and instruct the City Attorney to craft an ordinance that would
limit not only this particular establishment, but any and all establishments that would think to
come to Federal Way including those that are already resident within Federal Way. Looking this
as the existing ones as already contributing to negative secondary impacts that are in existence in
our city today. I'd also like to express in my opinion if the City of New York sees that these type
of establishments need to be moved out of Times Square and out of the avenues in downtown
New York City and clean it up, let's not even get to that point where we have to clean something
up. Let's nip it in the bud. Let's keep it out and regulate those that we already have. And in
closing, I'd like to remind you that there's a strong showing tonight of support from the voting
public in Federal Way and remind you of the overwhelming support that you had at the hearing
last April. In that I believe that you have the overwhelming support of the voting public here in
Federal Way supporting you to extend the moratorium, craft legislation not only to regulate this
particular Castle store that we're considering, but all future stores of this nature. Thank you.
MAYOR GINTZ:
ANGELA SMITH:
Thank you. Angela Smith?
Good evening. I'm really pleased to have an opportunity to
voice an opinion on something that I feel so strongly about. What I'm concerned about is the fact
that we would even consider even having to come to a point where we would have to even
discuss this. We have laws on obscenity and indecency. Is this not considered obscene and
indecent? I mean we don't want our children to have it so is that not obscene and indecent?
Should we try not to protect our children? And not only that. Maybe some of you are not aware
12
of the types of materials that are sold in these stores. But I've been a victim of a husband who
was caught up in pornography and women are victimized when their husbands have these types
of materials. I have been a victim of rape. I have been a victim of all sorts of violence because of
materials that we consider entertainment. And it comes to a point where it's an addiction and an
obsession. And children become the victims of people who have allowed themselves to be a part
of this type of materials. This is a matter of common sense and our own decency. The moral fiber
of America has been going down because people have not been voicing. And I think we have
enough representation here to say we are going to voice an opinion here where we have reached
a point where we don't want anymore of this. I'm from Ohio and we've moved and when I came
to Washington, we looked for the right community because we didn't want to be exposed to any
types of situations like this again. So that's why I'm in Federal Way. I don't want to have to
move away because we allow this type of material in our community and we allow this type of
goings on. We're spending a lot of money for a park. That park is going to become a haven for
all sorts of illicit and sexual participation that we don't want our children exposed to. But they're
going to run into it. You're going to find the literature in there. You're going to find, you know,
materials, I don't want to say anything because the TV cameras are here and I don't want to get
too graphic, but you're going to find things that we don't want our children to find in parks
because these adults don't have the decency to take it home. It is just not going to stay at their
homes to be viewed. They're going to view it there. They're going to view it in the parking lot
and we're all going to be exposed to it. We're going to go to Toys R Us and find filthy
magazines in the parking lot and this is not what we want our children to have. So, just out of
common decency, morality, and just being a God-fearing country, we need to say we have had
enough. This is a time for us to stand and say no more indecency in America. Thank you very
much.
MAYOR GINTZ:
RONELLE MCGRAW:
Ronelle McGraw?
Ditto.
MAYOR GINTZ:
Okay. I wouldn't have wanted to follow it either. John
Harrison.
JOHN HARRISON:
Ladies and gentlemen of the Council. It's awfully hard for
me to come here tonight and talk about this issue. You see, the lady that just spoke, was talked
about being a victim. At the age of 12, I found this type of material in my dad's quarters. And it
13
started me on a road for 30 years. A road for 30 years I was addicted to pornography. I'd buy that
stuff when I wouldn't buy groceries for my children. In 1985, after a 30-year addiction, I hit the
wall. I lost my career. I lost my home. I lost my family and my son. I lost everything. They call it
adult entertainment. There's many adults in this room tonight. They wouldn't call it
entertainment. It's not all adult entertainment. It's not free speech. It's trash. It's trash. And it
oughta be called trash. And I would move that the City Council would ban all pornography in the
City of Federal Way. All pornography. It does victimize children, women, and even men. This is
a horrible, horrible thing. And you're looking at a man who is a witness to what it will do to a
person. My life has been restored. I am now a ten-year resident of Federal Way. And yes, my life
has been restored by the Grace of God. I have a new family. A wonderful wife. But I guarantee
you, letting this type of material, letting this type of establishment into this city, will bring this
city down. Look at the statistics that the Attorney brought you and please, not on!y renew the
moratorium but move to ban all pornography in the City of Federal Way.
MAYOR GINTZ: Let me share a note that was just passed up to me by the
City Attorney to keep in mind there may be people in the audience that want to speak in favor of
Castle Store and this is a country offree speech whether we agree with it or not. She's asked that
we consider not applauding because it appears that we're, it's overriding and it would be
intimidating to somebody who does want to stand up in favor of it and we may not wish for
anybody to do that but if we appear to be railroading the public testimony, it doesn't help what
the citizens are asking us to do. So if we could refrain, it doesn't mean the next speaker didn't do
a good job, it just, I would ask that you not applaud and allow all people to be heard. So thank
you. John Sturtz.
JOHN STURTZ: Thank you for having this public hearing. Ms. Lindell did
much better than I could talking about secondary effects so I won't talk about what she's already
gone over. One of the things that I haven't heard much about, though, is this cause and effect
relationship between pornography and violence against women. It's not a casual relationship or
maybe we think the two are related. The two are definitely related. we've seen study after study
after study that draw the two together. So we bring in a store like Castle's or any other type of
super porn store and we bring people into our communities. Our wives live here. Our wives work
here. We have mothers. We have sisters. We have daughters. And we're bringing people into our
community that are going to be predisposed towards this type of violence against our wives, our
14
daughters, our sisters and our mothers. That's the first issue and secondly, as the previous
speaker alluded to, these kids that get into this can develop into predators, and so we're raising
our boys up, raising our young men up to become predators, to become predators against women
and really become a problem for all of society. No one's talked about that but certainly we must
consider, strongly consider the relationship between pornography and violence towards women. I
would urge you to consider that in your decision-making process.
MAYOR GINTZ:
Thank you very much. Now you're going to suggest it was
an involuntary response. Craig Kessel.
CRAIG KESSEL:
For the record, my name is Craig Kessel and I just wanna
first take this opportunity to thank you for your efforts and really taking the time to make a
careful decision about this, taking the time to do the research. This isn't an easy choice and that's
where your knees start to buckle, I'm sure, in your chairs, and all the things you ~ave to think
about. I just want to point out that Castle Books, their motive is to come into our community and
make money. That's all they really care about. Our heart is that we care about our people, we
care about our families and our children. We don't want a community of victims but we want a
community of people who can grow and prosper. They come in with Castle Books, that is comes
in with a sales and marketing approach, of neon lights and making it not look like you're not
having an adult store and this is just simply deception. Londi showed you the magazine that was
found in one of the parking lots and I'm sure it gets a whole lot worse. So, I'm in favor of this
moratorium and I just want to thank you for all of your efforts in passing this. Thank you.
MAYOR GINTZ: Thank you, Craig. Good, very good. David Holtz.
DAVID HOLTZ: Thank you Mr. Mayor, City Councilmembers. My name is
David Holtz. I reside at 32865 40th Court SW, in Federal Way, Washington. And people that
support Castle Superstores will most likely try to dichotomize this issue into a freedom vs. a
radical right-type issue. So I want to address that a little bit. I guess I'm a member of what Mr.
Cole and his supporters would call the religious right. But, let's think about that for a moment?
What is religious? What is religion? Is religion belief in God? I don't think so. I think religion is
rather one's viewpoint on God and one refutable fact is that God either exists or He doesn't. If
your"viewpoint on God is that He does not exist, that then is your religion. So remember, we're
all religious. Its just a matter what you believe. It's like asking someone of they're on a diet.
Everyone's on a diet. Right? Well, casting all labels aside, what this controversy boils down to,
15
the root issues are right and wrong. Good and bad. Jesus said a good tree bears good fruit and a
bad tree bears bad fruit. No good tree bears bad fruit nor does a bad tree bear good fruit. Each
tree is recognized by its own fruit. Like r said, the real issue is about good and bad. Don't get me
wrong, I don't, you know, have anything against sex. Without sex r wouldn't be here, right? My
beautiful children wouldn't be here. But, I'm not trying to be a prude on this issue, but sex is like
a river. It's like a river and the riverbanks are love. Picture that. Sex like a river can be very
beautiful. It like a river promotes and sustains life. However, unrestricted sex, like a river that
has exceeded its natural boundaries, becomes a flood which yields disease, destruction, and
death. The fact is, Castle Superstores aren't selling sex, they're selling perversion. Let's look at
this is a purely scientific context. To emphasize the point, let's use opposite extremes. What
results, other than biological relief, are realized in a purely monogamous sexual relationship
between an adult male virgin and an adult female virgin. Being that they are virgi?s, sexual
diseases are impossible. The result is children, the essence oflife itself. This promotes life. On
the other hand, what are the results of an unrestrained sexual appetite and the manifestations of
that lifestyle? Sexually transmitted diseases. In some cases, rape, abortion, prostitution, aids.
This promotes death. Like Jesus said, "By their fruits you shall know them." r just hope and pray
that this store doesn't go in. I just wanna thank you Councilmembers for the courage you
demonstrate in fighting for a virtuous and clean city which we can all be proud of and man's
laws only allow businesses like this to operate. Let us never forget God's law says that we will
all reap that which we sow. Thank you very much. God bless you.
MAYOR GINTZ: The last person to speak publicly and then I'll read the
comments. I'll introduce her. She has a bit of a distinction of having uncovered the fact that
Castle Stores had bought Silo's which she then alerted the Council to, or r think our legal staff,
we then met to discuss the moratorium before a building permit or permit could be filed in which
case we wouldn't be here right now. So I'll ask Debra Coates to come up and speak.
DEBRA COATES: I'm Debra Coates, the Economic Development Executive
for Federal Way and there's nothing that r can add that hasn't been said so eloquently before me.
r just wanna remind the Council that this $106 million plus investment that we are making into
the community really is to promote family values and community and pedestrian activity and to
support the citizens and the secondary effects, as r listen to them and grow more and more
chilled by how severe they really are, the continuation of the moratorium and then some
16
appropriate zoning thereafter, I would really encourage you to continue that. And thank you very
much for the quick response when we did learn that this would be perhaps one of our new
neighbors. Thanks.
MAYOR GINTZ:
Thank you. Okay, I will read. I have several to read from.
They're relatively short comments though. Leonard Williams, Jr. says, "This type of
estab1islunent should not be permitted to operate in any area near Toys R Us or any housing
complex within the area of schools, etc." Celeste Mims writes, "I'll make my comments short
and sweet. No porn store. Porn creates a very negative image to our young and to society as a
whole." Kurt Stanley writes, "Nobody needs this filth in their neighborhood. I don't think that
we should settle for a few tax dollars. This can cause long-term damage to many people. Weigh
the long-term costs." Kemi Stanley, "Please do not consider opening this shop in the back yard
of so many families who are trying to teach their children wrong from right." Ste~en Brown
writes, "We do not need any pornography store in Federal Way around our children." Linda
Griffin, "The environment and customer base for the proposed site of the 'adult store' does not
send the proper message to our young people. It undermines all parents in society in the
upbringing of to day's children." Yvonne Snorte1and writes, "As a member of Calvary Lutheran
in Federal Way, and a mother and grandmother, I am appalled to think the Council is even
considering bringing such garbage into our community. Our children have enough thrust on them
from what is allowed on TV." Andrew Andres writes, "I believe pornography to be a disease of
the mind that sets a hook deeper than any other addiction. I also believe that in a country of
freedom such as ours, we should be free to enter any establislunent we feel without being
assaulted by images that would cause ill thoughts. Pornography has no place in our homes nor
should it be given place in our fair city." I can't read the first name. Its Timmons. Mr. or Mrs.
(Igeenell) Timmons? "Please leave this kind of dirt away from our children. I'm raising a 17-
year-old. This is no example to show a young man getting ready to venture on his own." Anna
Kessel. "Please don't allow these people to have this porno superstore in our city. We're the only
city that cares if they are here. Other cities have let them come in without putting up a fight.
Listen to the voice of the people. I think you'll find most of us are willing to do anything within
the law to keep Castle out. Thank you for considering this." That completes the public testimony
unless somebody would like to step up without having presented one if they could give their
name and address for the record. Please.
17
KARl KATE:
I'm Karl Kate. I live at 30423 3'd Avenue So. I'm a
homeowner. I've lived in Federal Way for three years. I'm a registered nurse and I work for the
Department of Social and Health Services. A lot of people have alluded to...
MAYOR GINTZ:
Could you speak into the microphone so the audience can
hear?
KARl KATE:
A lot of people have mentioned the potential for sexual
crime against women and sexual exploitation of women and children. It is a fairly well-
documented and almost a, well, not almost, it is a statistical fact that the sex offender programs at
Western State Hospital are not successful. I also have heard many interviewers of Ted Bundy
and he said that he began through pornography. Which it's pretty well recognized that it leads to
sexual addition that this other gentlemen so eloquently mentioned and that makes crimes of
violence and sexual exploitation of women. As a single woman and homeowner in Federal Way,
I like to feel safe in my community. I don't want to feel that I might possibly be or someone I
know, or anyone in my community be the victim of a sexual predator or have to see lewd acts in
public. I had that happen to me when I was younger. I had several very unpleasant experiences,
not in this state, where a gentlemen exposing themselves, masturbating in public, and I was raped
as a young girl. I don't why that came out. But I have first-hand knowledge of the crimes against
women. How women can be exploited and victimized and I don't want to see that anymore. And
I don't want it in my community and I don't want any of my fellow humans that live in my
community to be victims of this sort of thing. It's also well-recognized by politicians that one
letter represents 500 people that would have or should have taken the time and the effort to write.
I hope that you will be able to appreciate that each and every person here, each and every voice
here, also represents 500 people that would have or should have if they'd known or had the
energy to come forward and speak. Thank you.
MAYOR GINTZ: Thank you very much and please.
DR. KAREN GALLOSO: I'm Dr. Karen Harper Galloso and I'm speaking tonight on
behalf of my patients who wanted to come but couldn't come because they're still incarcerated.
These people can't tell fact ITom fantasy. But one of the women tonight made me come because
she hecame raged. She said that she would stop the store if the Council couldn't for the public.
She's been a victim for 20 years of abuse and she became so tonnented that we had to help her
18
de-escalate tonight. This is what's happening but ifmy incarcerated patients are saying to please
stop, I think we need to listen. Thank you.
MAYOR GINTZ: Anybody else? Please.
RANDY VAN WAGNER: My name is Randy Van Wagner. 33010 37th Court SW.
There's so many good comments that have been said tonight, there's one other thing that I really
feel if the moratorium was not extended and if ordinances weren't put in place to allow this to
come in, if this did come in, would that not open the doors for other businesses and other things
to come in, to give them a free reign to come in and pollute the community with their kind of
garbage that we do not as a group community have exposed here tonight do not want to have any
part of that there. And I just hope this here moratorium can continue on and legislation can be
drafted to keep this stuff permanently out so that no one can get into our city.
MAYOR GINTZ: Thank you very much. Anybody else?
MARY MCGRAW: A little nervous. Hi, my name is Mary McGraw. I live in
Seattle, Washington. I brought my two children with me, today, Jimmy and Ronelle. Monday
through Thursday I don't allow them to watch television because even television show a lot of
sexual things that I prefer my children not to watch so at least I have control of that. I came out
tonight to state my opinion that I am against it. I believe it shouldn't be in the community where
there are children or adults or etc. Basically, I feel that it shouldn't be existing at all, no where.
Thank you.
MAYOR GINTZ:
REGINA JONES:
Thank you very much.
Hello, my name is Regina Jones and I'm at 208 SW 319th
Lane in Federal Way and I do oppose the pornography in Federal Way. I think its something that
is negative and I feel that Federal Way has been trying to grow positive, in a positive way, by the
new Celebration Park, and all the parks that the children have to play. And we have the Toys R
Us and all the other positive things that Federal Way has things growing. We don't need
anything negative in Federal Way. Federal Way is trying grow positive. It's a family-oriented
city and we want to keep it that way. My children, I've been trying, I have two boys, I've been
trying to teach them the positive way of treating women. And having pornography in Federal
Way is not a positive way to treat them to treat women. I oppose it and I do not want it in my
community. Thank you.
MAYOR GINTZ:
Thank you. Anybody else? Please.
19
ANDREW ANDRES: My name is Andrew Andres. I thank you for the
opportunity to speak. That was my pregnant wife that was up here earlier and that was me that
she was speaking of. I'm here with her. My mother's back in the back with my one-year-old
daughter. We're also due in two months and its going to be another girl. I'm very thankful for
this and I for one do not want to live in a community where men are looking at little girls in this
manner. I know that they will because I have. It's a sick thing to think about. It's not a very nice
thing to think about, but once this thing gets into your mind, it affects your entire life. I'm
thankful that we live in a country such as the United States that we can put things like this to a
vote. We live in a free country where we can live and do as we please within the laws. And I'm
thankful that this is a democracy where we do make the laws. Please make the law against this
trash.
MAYOR GINTZ:
Thank you. Anybody else? Going, going, g~ne. Okay. If!
could make a couple of observations that are critical to your understanding, if you'll indulge me
for a moment and then I'll open it up to council discussion and questions.
LONDI LINDELL:
Mr. Mayor, before you commence any deliberations, do
you want close Public Hearing?
MAYOR GINTZ:
No, I think we'll leave it open and have the deliberation on
the public record. Is that. . .
LONDI LINDELL:
Actually, we nonnally close public hearing and then you
commence your deliberations thereafter.
MAYOR GINTZ: Off the public record. Okay, I'm for the public record,
however, I do wanna make a couple of observations and then if any other councilmembers wish
to make public observations on the record, we'll allow that. Then we'll close it. Is that...
LONDI LINDELL:
That's fine so long as your deliberations prior to your vote
are after you close the public hearing.
MAYOR GINTZ: That's 00. City Attorney's. Gotta love em. They're not
going away. She passed me another note that I think is critical that we understand. It says,
Mayor, someone needs to state we cannot ban all adult uses. It's unconstitutional. We can
reguiate uses. We cannot ban them. We cannot put in zoning in our city that excludes Castle
Stores from operating within our city. That we cannot do. We can regulate... that, that's the law.
We will lose and we'll set ourselves up to lose. What we want to do is ensure that a store such as
20
that is not next to Truman High School, is not next to senior housing, is not next to Toys R Us, is
not next to the vibrancy of a downtown where we're trying to create a pedestrian-friendly
environment. And we can and must work actively to provide a place in our city for such a store
that does not impact or has lesser impact than this particular location would have. So, please be
sensitive to that issue because we'll lose in a constitutional fight and then everything that you
folks have talked about is moot. One person wrote said, "I'm appalled that the council is even
considering bringing such garbage into the community." Please understand that the council is not
bringing anything into the community. This is a corporation that purchased a building, wants to
open a store. The council has acted on a moratorium to give us time to sort through the issue and
listen to the public and adopt appropriate zoning regulations. There was another comment,
"You'll find that most of us are willing to do anything within the law to keep Castle out," and I
think you'll find the council is right with you on that and the operative words are within the law.
There is case law. I think the City Manager, the City Attorney has done an exhaustive search, has
provided us with the studies of secondary effects. So that's what I would say on the record
regarding that. Does any councilmember wish to say anything on the record and then we'll close
the public hearing and then have a discussion. Okay? So.
CLOSE HEARING
MAYOR GINTZ:
The public hearing to consider the six-month renewal ofthe
adult entertainment retail moratorium is now closed.
CITY COUNCIL DELIBERATIONS
MAYOR GINTZ:
Now we'll go into City Council deliberations. Anybody
wish to begin? Councilmember Kochmar.
COUNCILMEMBER KOCHMAR:
I had the privilege of speaking to some of
our residents prior to the meeting and thank you for talking to me. A stranger comes up to you
and thank you for sharing with me. I want to tell you I know how difficult it is in your life and
you've had things that happened to you to affect you so much that its difficult to speak. So I want
to tell you. It takes a lot of courage. Now I know, I've been there. So thank you. What I do want
to say is we do live in a wonderful country and we live in a democracy that says we're protected
with First Amendment rights. And so we have to be careful of what we do as a council. The adult
21
businesses are protected by the First Amendment. It's not an issue of morality but rather what is
the secondary effects of adult businesses to our community. Secondary effects such as decrease
in property values, increase in criminal activity and negative effect impact on our economic
redevelopment. The uses are incompatible when located close to schools. lody Putman
mentioned at-risk youths at Continuation High. Daycare. Parks. Angela Smith mentioned a
haven for illicit activity at Steel Lake Park, Celebration Park. Residential redevelopment. We
have senior housing. Thank, Gil Brown, for speaking on behalf of the seniors in that area and we
have churches. Calvary Lutheran and I'm sure that there a number you from the different
churches in our vicinity. We also, Mayor Gintz also mentioned that we're trying to make this a
pedestrian- friendly community and Debra Coates mentioned the $100 plus million that we are
spending in the downtown redevelopment and economic redevelopment. And what I want to say
is that we are looking at all those secondary effects and we will try to do the best lob that we can.
MAYOR GINTZ: Anybody else? Councilmember Dovey?
COUNCILMEMBER DOVEY:
I would like to thank the individuals that have come
forward and talked about many ofthese secondary effects that we've been discussing and I
would like to echo what my counterpart Councilmember Kochmar talks about when we look at
these secondary effects. We are investing in our community many millions of dollars to make it a
very economic, viable place for our businesses. We have many at-risk youth at Truman High
School, a vicinity close to this proposed site. We do have senior housing which has the time I've
been on the council we have spent many dollars and may time trying to make more senior
housing available and make it a place where our seniors can live. We've heard about property
values. We've looked at the studies from other jurisdictions. Its documented very well that
property values do go down. You look at some of the things that the Council has been active in
in trying to make sure that property values of our homeowners don't go down. When we talk
about things like the third runway, different zoning things, different annexations things that we
look at. I think its very important that we as a council remember that the secondary effects that
are going to affect the voting public and I would really urge that we continue this moratorium
because I think there is still a lot to be found that we need to research and document. But, it
appears to me that there are so many effects that will affect our voters, that we need to act on this
and continue.
MAYOR GINTZ:
Anybody else? Councilmember Burbidge? -
22
COUNCILMEMBER BURBIDGE: I've heard the strong concerns of hundreds
of citizens both at the last hearing and this evening and also from some written communications
that we have received and it's very clear to me that all of you care a great deal about the quality
of life in our community for all of us. I appreciate your willingness to share your views and I
would emphasize with Councilmember Kochmar the secondary effects that she mentioned arid
that Councilmember Dovey mentioned too. The negative impact on the city's redevelopment,
proximity to incompatible uses - the churches, daycare, parks, similar facilities and I'm
confident that our staff will be working very hard to prepare the appropriate ordinances to deal
with this.
MAYOR GINTZ:
Councilmember Watkins?
COUNCILMEMBER WATKINS: This is an emotional subject for me too. But I think
as we go through life, we realize there's more than one way of knowing. When w~ took up this
issue, I had what some people would call intuition, what some people might call the feeling in
your heart that clearly there was a relationship between this kind of activity and effects on
property values, effects on family neighborhoods, and all of the other things, the positive things
that we're trying to do in Federal Way. But, as elected officials, we're required to put our
feelings and our intuition aside and look at the record and look at the facts and that's the other
way of knowing a rational process. Having reviewed the materials that the City Attorney has
provided us in the record, having read the studies that have been done in other cities, having read
the articles and having heard your very eloquent testimony tonight, I think tonight I can say that I
can reach a rational, infonned decision. That there's clearly a very clear relationship between this
kind of retailing in our city center and the property values around it, the economic vitality of the
community, the safety and quality oflife of the people in residential neighborhoods that would
be proximate to these facilities, and, of course, our schools. In some cases are very close to this.
Unfortunately, our land use codes as they currently exist in Federal Way do adequately address
how we will deal with these secondary effects. And so, I think that the moratorium that the staff
has recommended which would extend the moratorium on this kind of business for another six
months in order to give us time to develop codes and hold the kind of public process that will
allow us to address these secondary effects is most appropriate and I will be supporting that.
MAYOR GINTZ:
Mayor Park?
23
DEPUTY MAYOR PARK:
I share the citizens comments and the
councilmembers petition. Obviously, there is a secondary effect But as a small business owner
along side of Pacific Highway South, one thing you've got look at, decreasing the revenue of the
neighboring businesses. That's a clear impact. I had an experience a few years ago so I strongly
favor of your comment and the continuation of the petition. Thank you.
MAYOR GINTZ: I would like to make a couple of observations now that
we're off the record. The Truman High School and I've made kind of a career of working with
at-risk youth. Truman has a lot of kids, as lody Putman said. I'm a stockbroker by profession and
there's Putnam Mutual Funds and that's precisely the difficulty I have. There's nothing difficult
about YOUI name. It's just the association. There are students at Truman who are 18 and 19 years
old. I've got kids at home that are younger than that. They get cigarettes all the time and I don't
believe for a moment that it's the nasty store owners that are selling cigarettes to-underaged kids.
They sell them to 18 year olds who then distribute them. They also get beer. They also get hard
liquor. I don't believe for a moment that Washington State liquor stores are selling alcohol to
underage. It happens from time to time being duped. But I don't think grocery stores on purpose
sell to underage people beer and wine, but it certainly, invariably gets into the hands of underage
people. To suggest that having a store of this magnitude in OUI downtown and that there's no
secondary effects is ludicrous at best, I guess. I just can't conceive... You also have kids that are
at risk youth at Truman that are 13 years old. And they will see this material. There's just no
doubt in my mind. When you talk about secondary effects. We built a hospital. 8t. Francis
Hospital. Look at everything that's built up around it. All the offices and the diagnotics. That is a
seondary effect to putting a hospital there. Things mushroom around it. You put in like the
regional justice center down in Kent and you have attorney's, and court reporters and there's a
secondary effect to building regional justice center. If you have an off-ramp on a freeway. From
a freeway. Look what happened to 320th. Where did OUI downtown happen to go? The 320th exit.
What happened on the 348th exit? There are secondary effects to actions that are taken and
there's no doubt in my mind that there are secondary effects and extremely detrimental, untold
costs. So I will definitely be supporting the moratorium. I have one concern that I read in the
paper and I, that we're going to extend it six months and OUI City Attorney doesn't have any
confidence that we'll be ready within six months. I believe we do have to recognize
constitutional rights and I would encourage our Land Use Committee and out Planning
24
Commission and our staff to work with all due haste so that within six months this issue is
decided and we don't appear, the appearance of blocking, or moratorium to death this issue
because I think its something that we have the facts, we have the resources to, within the next six
months effectively address it and have an answer. And then be prepared to meet any challenge
that any corporation wishes to throw at the City of Federal Way. So, I would encourage that it be
something that the staffW1dertakes immediately in cooperation with Land Use and Planning
Commission so that at the end of this next six months we are decided.
LONDI LINDELL: I think that certainly we will have the code amendments
drafted and then it will come back to Councilman Watkin's Committee Land Use Transportation
Commission, to reshuffle work plan for the Planning Commission. But, I think what I heard
tonight is that the rest of the City Council obviously wants to make it a priority. So that will
come back to you to decide where it fits in that work plan.
MAYOR GINTZ:
Okay, thank you. Any further discussion? Councilmember
Burbidge.
MOTION TO RENEW
COUNCILMEMBER BURBIDGE: I hereby move to adopt the resolution
included in Item 6 in the City Councils August 11, 1998, packet. A resolution of the City Council
ofthe City of Federal Way, Washington, adopting Finds of Fact and renewing a moratorium for
six months on the acceptance of applications for and issuance of land use, building and
development permits, and business licenses, for adult entertainment and adult retail uses.
COUNCILMEMBER KOCHMAR:
Second.
MAYOR GINTZ:
Okay, its been moved and seconded. Further discussion?
All those in favor say Aye!
ALL:
MAYOR GINTZ:
Aye!
Opposed? The motion carries unanimously.
MOTION TO APPROVE RESOLUTION NO. 98-276 PASSED AS FOLLOWS:
Burbidge
Yes
Dovey
Kochmar
Yes
Gintz
Yes
Yes
Park
Yes
Watkins
Yes
25
MEETING DATE: August 11, 1998
ITEM# :rz¡¡: (ã )
...................................................................
......................
...........................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: South 312th Street, from SR 99 to 23rd Avenue South
.................1J1!!!.o..v.'!.f..to.1~'!!.~IJ..j~.........
CATEGORY:
BUDGET IMPACT:
_CONSENT
ORDINANCE
_X_BUSINESS
_HEARING
FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMA nON
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: 1. Memorandum submitted for the May 18, 1998 meeting of Land Use and
Transportation Committee
2. Memorandum distributed at the May 18, 1998 meeting of the Land Use and
... !.r.éII1.~ P? ~~ ~i? ~. .~? ~~i tt.~.~~..~. ~~~i.l ~~.?. pr?j ~~.t. .~? ~ ~s. ~~ ~. p~?j .~~.tf\l~ ~.i~ ~...
SUMMARYIBACKGROUND: The South 312th Street Improvement Project from SR 99 to 23rd Avenue
South is financed by a Transportation Improvement Board (TIB) grant and the 1995 voter approved bond
issue. The project widens the road from 2/3 lanes to 5 lanes, installs 12 foot sidewalks, street trees,
landscaping, decorative lighting and traffic signals at 20th Avenue South and 23rd Avenue South.
The 100% design and construction cost estimates were presented at the Land Use and Transportation
Committee's May 19, 1998 meeting. Project costs are within the approved budget. Please refer to the
attachment for the project costs and project funding.
Two bids were received and the low bidder was Gary Merlino Construction with a bid of $2,870,636.90
for schedules A, Band D. See below:
Schedule Gary Merlino Tucci & Sons Engineer's Estimate
A (Road) 2,250,543.10 2,513,963.25 2,070,612.00
B (Water) 234,444.80 486,441.12 297,824.24
C (Storm) 433,070.50 666,629.50 415,720.00
D (Storm) 385 649 00 651 978 ()() 402 263 ()()
Total A,B, & C 2,918,058.40 3,667,033.87 2,784,156.24
Total A,B, & D 2,870,636.90 3,652,382.37 2,770,699.24
"""....."""""""'.. ......................
The total bid was 3.6% above the Engineer's estimate and with a 10% contingency within the approved
budget (attached). Schedule B is $234,444.80 for installation of a new watermain and is work to be
performed by the Citys' contractor for Lakehaven Utility District and the City will be reimbursed by the
District. Staff recommends awarding the project to the low bidder Gary Merlino Construction in the
amount of $2,870,636.90 for schedules A, B, and D and approving a $287,064 (10%) contingency for a
...~()~}..()~.~.~.~.~~!?g~:~g.:............................ """""""""""'..............h...........hhhh.h"'hhhhhhhh. .......h.."""""
CITY COUNCIL COMMITTEE RECOMMENDATION:
following was approved:
At the June 2, 1998 Council Meeting the
1.
The fmal design plans for the South 312th Street Improvement Project from SR 99 to
23rd Avenue South.
2. Authorized staff to proceed with bidding the project. Bids will be brought directly to Council
for award of the construction contract if bids received are within budget and right of way
... hhhh... h..... h h.. h h, ....i~ h ~P.P. ~ ()p. ~.i~ ~~l Y. ~.~~1J.~~.~: h .hh 'hh.......... h. hh. .... h...... h h h~. h hhh....h
CITY MANAGER RECOMMENDA TION: Award contract to low bidder, Gary Merlino Construction, for
:::~?i~~7~~~~~~~;~ct;;':;C""" Þ:-"ÄJj
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_DENIED
_TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
Ist Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:ICQUNCILlAGDBILLSII 998\S312A WRD.cc
DATE:
August 3, 1998
TO:
Cary Roe, Public Works Director
FROM:
Ken Miller, Street Systems Manager
SUBJECT:
~r
South 312th Street, SR 99 to 23rd Avenue South, Road Improvements
Authorization to Award Bid
Background
Following are the 100% design and construction cost estimates for the South 312th Street, SR-99 to
23rd Avenue South, Project. Estimated design and construction costs for the project are within budget.
Project Costs
Right of Way
Design
Value Engineering Special Study
City construction (including contingency) Schedule A & D
Lakehaven construction (including contingency) Schedule B
Construction Administration
Utilities (US West, PSE)
Project Administration
Printing! Advertising
Total
Project Funding
1995 Voter Approved Bond Issue
Mitigation Funds
Street and Arterial Funds
TIB Funds'
Lakehaven Utility District Funds
Total Funds Available
$ 680,000
475,000
6,500
2,899,811
257,889
250,000
110,000
45,000
---LillJ.Q
$4,731,200
$ 1,022,665
120,642
557,774
2,809,427
--.ill...8.82
$ 4,768,397
. Based on 78 % reimbursement of eligible costs, Maximum 3 % of project construction costs
can be used toward landscaping, sidewalks, and lighting,
K:\LUTC\1998\A W ARD312.BID
DATE:
May 18, 1998
TO:
Phil Watkins, Chair
Land Use and Transportation Committee
FROM:
Ken Miller, Street Systems Manager
~ r øl6lq~
SUBJECT:
South 312th Street, SR 99 to 23rd Avenue South, Road Improvements
100% Design and Authorization to Bid
Background
Following are the 100% design and construction cost estimates for the South 312th Street, SR-99 to 23rd Avenue South,
Project. Design costs for the project are within budget.
Project Costs
Right of Way
Design
Special Studies
Construction (including contingency)'
Construction Administration
Utilities (US West, PSE)
Project Administration
Printing/ Advenising
$ 680,000
475,000
6,500
2,860,000
250,000
100,000
40,000
-1Q..QQQ
Total"
$4,431,500
Project Funding
1995 Voter Approved Bond Issue
Mitigation Funds
Street and Anerial Funds
TIB Funds'"
$ 1,022,665
120,642
557,774
-1J)1Q.ill
Total Funds Available
$ 4,777,614
"
Does not include Lalcehaven waterrnain work,
Increased $100,000 due to addition error,
*** Based on 80% reimbursement of eligible costs, Maximum 3% of project construction costs can be used tOward
landscaping, sidewalks, and lighting,
Revised from original LUTC Committee package,
KM:km K:\LUTC\1998\100%312.BID
DATE:
May 14, 1998
TO:
Phil Watkins, Chair
Land Use and Transportation Committee
FROM:
Ken Miller, Street Systems Manager
~
SUBJECT:
South 312th Street,from SR 99 to 23rdAvenue South
100% Design Approval and Authorization to Bid
BACKGROUND
The South 312th Street Improvement Project from SR 99 to 23rd Avenue South is financed by a
Transportation Improvement Board (Till) grant and the 1995 voter approved bond issue. The
project widens the road from 2/3 lanes to 5 lanes, installs 12 foot sidewalks, street trees, landscaping,
decorative lighting and traffic signals at 20th Avenue South and 23rd Avenue South.
The project design is complete and the project is proposed to be bid in conjunction with securing the
remaining right of way. We have reached agreement on property costs for all parcels except one,
which is potentially contaminated and we are only acquiring an easement. The project will not be
awarded until the right of way is secured or until appropriate provisions are in place to define costs
associated with the remaining right of way and timing availability of said right of way.
The I ()()% complete project plans and budget will be presented to the Committee at the May 18, 1998
meeting.
RECOMMENDATION
Place the following items on the June 2, 1998 Council Consent Agenda for approval:
I.
Approve the final design plans for the South 312th Street Improvement Project
from SR 99 to 23rd A venue South.
2.
Authorize staff to proceed with bidding the project. Bids will be brought directly
to Council for award of the construction contract if bids received are within
budget.
"""I<\l9'J8"312bld.m,m
... .l'1..J!:.J!:!~~ Ç..~A !J!:':..A1:Igt!~~.. ~.~,'}.9..9..8.............. ......................................!.:r..I'.~~= -vz=.......~......................... """"""'"
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: SW 312th ST/14th AVE SW PEDESTRIAN W ALKW A Y BID A WARD
................................................................................................""""""""'."..""""""".""'.....""".""""...""""'.""".""""'."."""'..."",""".".."""""""".".".""""""""."
CATEGORY:
BUDGET IMPACT:
_CONSENT _RESOLUTION
_ORDINANCE _STAFF REPORT
_X_BUSINESS _PROCLAMATION
_HEARING _STUDY SESSION
_FYI _OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
........................
........................................................................................................"'."'.".""""'.""".""".""""'."""'."..""""""..."'."""""...
. ..A.!! AÇ~.M.J!:.l'I.!:S..:.......:!J1.~..! Il.n.~.. ~.,..1.~.~.~ .~~.I11..?~~.II<J.Il.I11...t? .~~.e..I,-.~.II.<i. ..tJ.~~..~I1.~..!~~I1~I??J1.."t!. ?.II..ç().I11..~~t~.~ ... .................
.... ..........
SUMMARYIBACKGROUND: Three (3) bids were received and opened on July 28,1998 at 10:10 a.m. for
the SW 312/h St/14" Ave SW Pedestrian Walkway Project. The apparent low bidder is Seitsinger Construction,
with a total bid of $105,929.70.
It is recommended that Seitsinger Construction be awarded the contract for Schedules A and B (all Schedules) in
the amount of $105,929.70, and approve a 10% contingency of $10,592.97, for a total project budget amount of
..~.I.I.~,~.?~,§?:.............................................................................................................................................................................""""""""
"""""."'."'.""""
CITY COUNCIL COMMITTEE RECOMMENDATION: . The total project budget has increased
$3,522.67 from the amount approved at the June 5, 1998 Land Use and Transportation Committee meeting for a
total of $116,522.67. The $3,522.67 is required to fund a full 10% contingency for the project, and a total of
$56,522.67 will be transferred from the 1998 Streets Structures Operation budget. Because the additional
amount is in the contingency and there is available funds to cover the overage, this item was not taken back to the
....1:-."I1<J...tJ. ~.~ ..,,11 ~..:r..r."I1. ~p.().rt.~.ti.?IJ..<::.?.I11.~.t.t~.~..~1:It..i.~. ~~.i 11 B. .~~().Il.g.~t..<J.i.r~~tl.y'..~." ':'.~.. t.?.<::.?.ll.l1 ~i 1J()~ .~.\V..,,~<i.:.........
......
CITY MANAGER RECOMMENDATION: AH"'mtC ,¿;" a.c.;....,-rJ"G ~~r/~~.£;"...d;,-v, <~ 4/"'>,;:;2Z.67
.....<::~~~ t ~>f~~ ..~..¿'::!:':. )...~=...~...'~?c:.~.~~~.~<:?: ...... ....................... ..... ........... ./f..JjA~4L, ....................
APPROVED FOR INCLUSION IN COUNCIL (;Ti... ~
PACKET: ..
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_DENffiD
_TABLEDIDEFERREDINO ACTION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
K,ICOUNCILIAGDBIW>\1998\312SW A WD.CC (PSK)
SW 312'h ST/14th AVE SW PEDESTRIAN WALKWAY PROJECT
BID RESULTS
The following three (3) bids were received July 28, 1998, for the SW 31Z' St/I4" Ave SW Pedestrian Walkway
Project:
Contractor
Total Bid Amount
Seitsinger Construction
Tydico, Inc.
KODO Construction, Inc.
$105,929.70
$112,245.00
$125,178.00
Engineer's Estimate
SW 312'" St/14'h Ave SW Pedestrian Walkway Project Budget
$101,594.00
$113,000.00
"he apparent low bidder is Seitsinger Construction, the following is breakdown of the construction costs:
Contract Amount (Schedules A & B)
10% Contingency
$105,929.70
$10.592.97
Total
$116,522.67
Approved Budget
Structures Account funds ( for contingency)
$113,000.00
$3.522.67
Total Available Funds
$116,522.67
The additional $3,522.67 required to fund the 10% contingency will be funded from the structures operational
account for a total of $56,522.67 ($3,522.67 + $53,000).
K,\COUNCIL\AGDBILLS\l998\312SWAWD.CC (PAIC)
"4/98
DATE: June 5, 1998
TO: Phil Watkins, Chair
Land Use/Transportation Committee t~
FROM: Ken Miller, Street Systems Manager
SUBJECT:
Approve Final Design and Authorization to bid
The SW 312th Street and 14'h Avenue SW Pedestrian Walkway Project
Back~round: Public Works Staff has completed the design of the SW 312/h St and 14'h Ave SW
Pedestrian Walkway Project, and plans are currently under review by the Federal Way Fire
Department and the Federal Way School District. The design consists of widening the existing
shoulder to provide an approximately 6' asphalt walkway with a mountable curb along SW 312th
Street, from Dash Point Road to 8th Ave SW, and installing a new 6' concrete sidewalk (next to the
curb), concrete curb and gutter on the west side of 14th Avenue SW, from SW 312th Street to Lakota
Junior High School. The estimated cost of the project is $113,000 and includes the cost for
construction and project administration. The project budget consists of $48,000 TIE grant, with a
$12,000 grant match budgeted in 1997, and $53,000 from the 1998 Streets Structures Operations
budget.
The project and budget will be presented at the June 15, 1998 LUTC meeting.
Once the design of this project is approved by Council, staff will complete the bidding documents for
the project and advertise for bids. The anticipated award date for this contract is in August.
Recommendation
Place the following recommendations on the July 7, 1998 City Council meeting's consent agenda:
1)
Approve the final design of the SW 312/h St and 14th Ave SW Pedestrian Walkway Project;
2)
Authorize staff to bid the project. Bids will be brought directly back to Council for award.
K,\lUTC\l998\312SWBtD.MEM (PSK)
MEETING DATE: July II th, 1998
ITEM#
~
.............................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT:....... .~.~ ~.t.~.. ~.~.~ ~~.. ~.t~~.~~. ~'.i~ ß ~.~..Yi~in..ï9'..~. ~~ ~~~tr .<::~ '.i~~ ~11. :l.ti ~11....
CATEGORY:
BUDGET IMPACT:
_CONSENT
_X_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.........................
ATTACHMENTS: Condemnation ordinance
..................................
SUMMARYIBACKGROUND: As part of the 1995 voter approved bond issue, the S 336th Street from 13th
Avenue S to 18th Avenue S. Project was designed to relieve traffic congestion and improve safety. The City has
"een negotiating with four property owners to acquire right of way and three of the parcels have signed purchase
..nd sale agreements. To acquire the fourth and last parcel, the Council agreed at the July 21, 1998 Executive
Session to proceed with condemnation in order not to delay the project any further. The condemnation ordinance
for the last remaining parcel is attached.
CITY COUNCIL COMMITTEE RECOMMENDATION: None, went to July 21, 1998 City Council
Executive Session.
~~~:~:::~~~~~¡~~~~~~~~~:~~~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
'<,ICDUNCIL\AGDBILLS\1998\S336SR99.CC
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
/9JY
_APPROVED
_DENIED
- T ABLED/DEFERRED/NO ACTION
ORDINANCE NO.
DRAFT
'ìI-<{-q'i?
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
CONDEMNATION, APPROPRIATION, TAKING AND/OR
ACQUISITION OF CERTAIN REAL PROPERTY AND/OR
EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND
INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE
VICINITY OF SOUTH 336TH STREET AND PACIFIC HIGHWAY
SOUTH, TOGETHER WITH ALL NECESSARY APPURTENANCES
AND RELATED WORK NECESSARY TO MAKE A COMPLETE
IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY
STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND
DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY
ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY
LAW FOR SAID CONDEMNATION-
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Public Necessity.
The public health, safety,
necessity and convenience demand that right-of-way improvements be
constructed and maintained within the City of Federal Way within
the vicinity of State Route 99 and South 336th Street, and that
certain real property and/or easements upon said property be
condemned, appropriated, taken and damaged for the construction of
said improvements as provided by this ordinance.
Failure to
construct such right-of-way improvements will cause traffic counts
to continue to exceed capacity at the intersection of SR 99 and
ORD #
, PAGE 1
South 336th Street, and create the potential for additional traffic
accidents.
Section 2.
Condemned Property.
The City Council of the
City of Federal Way,
after reviewing the planned improvements,
hereby declares that the property and/or easements located within
the City of Federal Way and legally described in Exhibit
"A"
attached hereto and incorporated herein by this reference, and as
shown on the parcel map set forth in Exhibit "B" attached hereto
and incorporated herein by this reference ("Property") shall be and
hereby
is
condemned,
appropriated,
taken and damaged
for the
purposes
of
installing
right-of-way
improvements,
including a
widened S.
336th Street,
additional lane(s) ,
relocated traffic
signal
poles,
and
underground
utilities,
together
with
all
necessary
appurtenances
and
related work
to
make
a
complete
improvement in accordance with City standards.
The condemnation,
appropriation,
taking and damaging of the Property provided for
herein includes the right to make all necessary slopes for cuts and
fills upon adjacent lands in the reasonable original grading and
maintenance of the right-of-way facilities, as well as temporary
easements to enable construction of said improvements.
Further,
the
condemnation,
appropriation,
taking
and
damaging
of
the
Property provided for herein shall be subject to the making or
ORD #
, PAGE 2
paying of just compensation to the owners thereof in the manner
provided by law.
Section 3.
Condemnation Legal Action.
The City Attorney
or other attorney selected by the City Manager is hereby authorized
and directed to file all necessary actions and proceedings provided
by law to condemn, take and appropriate the Property in order to
carry
out
the
provisions
of
this
ordinance,
and
is
further
authorized in conducting said condemnation proceedings and for the
purpose of minimizing damages, to stipulate as to the use of the
Property and as to the reservation of any right of use to the
Property
owner (s) ,
provided
that
such
reservation
does
not
interfere with the use of the Property by the City as provided in
this ordinance.
The City Attorney is further authorized to adjust
the location and/or width of any of the Property and/or easements
condemned or taken therein in order to minimize damages, provided
that said adjustments do not interfere with the use of the Property
by the City as provided in this ordinance.
Section
4.
Severability.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
ORD #
, PAGE 3
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 6.
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
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\CONDM336 . ROW
ORD #
, PAGE 4
'\'
(
ESM CONSULTING ENGINEERS, LLC.
[I
A CIVil ENGINEERING. LAND St:RVEY. N<D PROJECT M\NAGEME:-<T CONSULTING fIRM
City of Federal Way
Job No. 631.07-960-001
March 21,1998
EXHIBIT "A"
LEGAL DESCRIPTION FOR ADDITIONAL
RIGlIT-OF-WAY FOR S. 336th STREET
That portion of Tract 12 ofiliat State Plat rccorded in Volume 41 of Pia Is, Pages 30 through 32,
inclusive, Records of King County, Washington, situate in the southwest quarter of Section 16.
Township 21 North, Range 4 Easl, W.M., City of Federal Way, King County, Washington. being
mor< particularly described as follows:
BEGINNING al the southeasterly corner of said Tracl 12, being a point on Ihe northerly margin
ofS. 336th Street; .
THENCE westerly "long said northerly margin to t!íe.southwesterly comer of said Tract 12, also
being a point on the easterly margin of Pacific Highway South (AKA SR 99);
TIŒNCE northerly along said eastcrly margin, 40 feet;
THENCE southeasterly to a point on a line 15 feet northerly of and parallel with said northerly
margin of S. 3J6th Street AND 33 feet easterly of said easterly margin of Pacilic Highway
~~ .
THENCE easterly along said paTalielline to the easterly line of said Tract 12;
,.,
THENCE southerly along said easterly linc to thc POINT Of BEGINNrNG.
Containing 4910 square feet, more or lcss.
See attached Exhibit "8".
Written by: C.A.F.
Checked by: RJ.\V.
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CITY OF FEDERAL WAY
SOUTH 336TH STREEi IMPROVEMENTS
EXHIBIT 'B'
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GARDNER CONSULTANTS
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