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Council PKT 03-02-2004 Special/Regular I ~ Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk March 2, 2004 I I. II. III. I. II. III. a. b. c. d. e. IV. AGENDA (Revised) FEDERAL WAY CITY COUNCIL Council Chambers - City Hall March 2, 2004 (www.cityofJederalway.com) * * * * * SPECIAL MEETING -5:30 p.m. CALL MEETING TO ORDER CITY COUNCIL DISCUSSION City Video ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Soccer Association Presentation/Steel Lake Soccer Field Project Proclamation/Red Cross Month Certificate of Recognition/Presented to Megan Johnson Introduction of New Employees/City Manager Emerging Issues/City Manager CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. Over please. . . I V. a. b. c. d. e. f. g. h. l. VI. a. b. VII. VIII. IX. X. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. Minutes/F ebruary 17, 2004 Regular Meeting 2004 Right-of-Way Landscape Maintenance/Contract Award West Hylebos Creek Restoration/l 00% Design Approval and Authorization to Bid Granville Place Final Plat - Resolution 2004 Home Free Guarantee Contract with King County Metro Planning Commission 2004 Work Program Community Development Block Grant (CDBG) Public Service 2- Y ear Funding Cycle Extension of Community Development Block Grant (CDBG) Housing and Community Development Strategies Award Purchase of Replacement Equipment CITY COUNCIL BUSINESS Independent Salary Commission Appointments Agreement between Central Puget Sound Regional Transit Authority and City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center (postponed from February 17, 2004 Regular Meeting) CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential LitigationlPursuant to RCW 42.30.110(1 )(i) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS A V AILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEB SITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY" I. II. a. b. III. I. II. III. a. b. c. d. e. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall March 2, 2004 (www.cityofJederalway.com) * * * * * SPECIAL MEETING -5:00 p.m. CALL MEETING TO ORDER CITY COUNCIL DISCUSSION City Video Discussion Sound Transit Facility Traffic Presentation by Transpo ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Soccer Association Presentation/Steel Lake Soccer Field Project Proclamation/Red Cross Month Certificate of RecognitionlPresented to Megan Johnson Introduction of New Employees/City Manager Emerging Issues/City Manager CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. Over please. . . V. a. b. c. d. e. f. g. h. l. VI. a. b. VII. VIII. IX. x. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. Minutes/February 17,2004 Regular Meeting 2004 Right-of-Way Landscape Maintenance/Contract Award West Hylebos Creek Restoration/1 00% Design Approval and Authorization to Bid Granville Place Final Plat - Resolution 2004 Home Free Guarantee Contract with King County Metro Planning Commission 2004 Work Program Community Development Block Grant (CDBG) Public Service 2- Y ear Funding Cycle Extension of Community Development Block Grant (CDBG) Housing and Community Development Strategies Award Purchase of Replacement Equipment CITY COUNCIL BUSINESS Independent Salary Commission Appointments Agreement between Central Puget Sound Regional Transit Authority and City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center (postponed from February 17, 2004 Regular Meeting) CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential LitigationlPursuant to RCW 42.30.110(1 )(i) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY" MEETING DATE: March 2, 2004 ITEM# 1L (a:,) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: City Council Meeting Minutes CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on February 17,2004. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "I move approval of the draft minutes of the City Council regular meeting held February 17, 2004." CITY MANAGER APPROVAL: ....~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST d. rea mg Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 OR~f1 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall February 17, 2004 - 7 :00 p.m. Minutes I. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of7:00 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Mayor McColgan asked Dini Duclos to lead the flag salute. COUNCILMEMBER DOVEY MOVED TO AMEND TONIGHT'S AGENDA TO REMOVE ITEM UNDER COUNCIL BUSINESS "AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT -ORIENTED DEVELOPMENT AT THE FEDERAL WAY TRANSIT CENTER" AND PLACE IT ON THE NEXT REGULAR MEETING AGENDA ON MARCH 2, 2004; COUNCILMEMBER FERRELL SECOND. Councilmember Dovey noted the Council would be meeting with the Sound Transit Executive Board on February 19th and would like to discuss this item after meeting with Sound Transit. The main motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes February 17, 2004 - Page 2 of 7 III. PRESENT A TIaNS a. Proclamation/Literacy Month Mayor McColgan read and presented the Literacy Month proclamation to Kristin Barness, President of the Education Foundation. Ms. Barness accepted the proclamation and thanked Mayor McColgan and Council. b. Human Services Commission Introductions/Certificates of Appointment Councilmember Burbidge was pleased to announce and introduce Julie Grant, Leonard Williams, Roger Freeman, and Ron Secreto as newly appointed and re-appointed Human Services Commissioners and further announced Deanna Heinrich as a new Alternate Human Services Commissioner. c. Human Services Commission/Appreciation Plaque (outgoing commissioner) Councilmember Burbidge was pleased to present Dave Larson a plaque in appreciation of the many years he served on the Human Services Commission; and thanked him for his contributions to the Commission. d. Officer of the Year Chief Anne Kirkpatrick called on the Vice-President ofthe Police Guild Mike Bertucci to make the presentation. Mr. Bertucci was pleased to announce the Guild has selected Officer Patrick Maher as Officer ofthe Year. He presented the plaque to his wife Renee and her son Nicolas. e. Police Support Services Association Award Chief Kirkpatrick asked President of the Police Support Services Association Tami Parker to come forward to present the Police Support Officer/Employee of the Year award. Ms. Parker was pleased to announce and present Police Support Officer Jason Wilson with the award; and congratulated him. f. PSO Achievement Certificate Chief Kirkpatrick was pleased to announce Police Support Officer Marni Buchanan has achieved her training and presented her as a limited commission officer. Federal Way City Council Regular Meeting Minutes February 17, 2004 - Page 3 of 7 g. Swearing-In Ceremony/Police Officers Chief Kirkpatrick asked Doug Hughes, Matt Novak, Matthew Leitgeb, and Benjamin Tseng to come forward to be sworn in as new officers. City Clerk administered the oath of office to the officers and congratulated them. h. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce Larry Caton has been hired to fill the Combination Electrical/Building Inspector position in the Community Development Department and again welcomed newly sworn in Officer Benjamin Tseng who has been hired for the Public Safety Department. 1. Emerging Issues/City Manager City Manager David Moseley announced there were no emerging issues to discuss this evenIng. IV. CITIZEN COMMENT Mike Pettit, spoke on behalf ofthe Federal Way Sunrise Rotary and introduced Washington State Jr. Miss Cara Rudd. Ed Opstad, spoke on upcoming "birthday" of Federal Way, and the fourteen years since incorporation. He noted the Federal Way Historical Society has cataloged the information on the history of the city. Kathy Franklin, President ofthe Federal Way Symphony spoke to encourage everyone to attend the Garden Tour this summer and reported on their representation at the Northwest Garden Show in Seattle. Jim Prinzing, spoke in continued opposition to the Sound Transit Park-n-Ride in the Downtown core. John Niles, gave information to Council regarding Transit Oriented Development (TOD). Dave McKenzie, spoke in opposition to the Federal Way Transit Center in Downtown, and asked the Council to continue to work with Sound Transit towards re-Iocating the parking garage. Larry Paterson, was pleased to see the Council meeting with Sound Transit, however would like a local meeting in Federal Way, so that citizens can attend. Federal Way City Council Regular Meeting Minutes February 17, 2004 - Page 4 of 7 Casey Treat, Pastor of Christian Faith Center, asked the Council to help move their project forward, and asked to be allowed to start the road-work this summer to help the project timeline. Stacey Keen, long time resident and business owner, and asked the Council to rethink the Federal Way Transit Center's location from the downtown area. Dan Casey, spoke in continued opposition to the location of the Federal Way Transit Center, and noted other communities that have worked through similar projects. Ed Barney, President of the Federal Way School Board, reported on the miscommunication regarding the School Boards position on the Sound Transit Parking garage. He noted the School Board's position has always been that all issues and concerns regarding their property would be mitigated and taken care of. Shelley Thompson, spoke on behalf of the Woodmark residents, spoke in opposition to the Sound Transit Park N Ride in the Downtown Center. V. a. b. c. d. e. f. g. h. 1. J. k. 1. m. CONSENT AGENDA Minutes/February 3, 2004 Regular Meeting -Approved Vouchers-Approved Preliminary Quarterly Financial Report/December 2003-Approved Grant Funding for Transportation Improvement Projects-Approved 8th Ave So at So 31ih St Signal Improvement Project/Final Project Acceptance & Authorization to Release Retainage-Approved Litter Removal Contract-Approved Police Evidence Building-Approved 457 Deferred Compensation Plan Changes - Resolution-Approved Proposed VoiceStream (T-Mobile) Site Lease Agreement/Panther Lake- Approved Armstrong and Thompson Properties/Approval of Preliminary Design- Approved Kenneth Jones Pool Fees and Charges-Approved Community Center 2% for Public Art Program-Approved Reebok Contract-Approved DEPUTY MAYOR KOCHMAR MOVED APPROV AL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER FERRELL SECOND. Councilmember Dovey pulled item (d)/Grant Funding for Transportation Improvement Projects. Councilmember Burbidge pulled item (k)/Kenneth Jones Pool Fees and Charges. Federal Way City Council Regular Meeting Minutes February 17, 2004 - Page 5 of 7 The main motion to approve Consent Agenda items (a), (b), (c), (e), (f), (g), (h), (i), (j), (1), and (m) passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kachmar McColgan Park yes yes yes Item (d)/Grant Funding for Transportation Improvement Projects: Councilmember Dovey noted he would be recusing himself from voting on this item, as he is associated with the impacted businesses. COUNCILMEMBER FERRELL MOVED APPROV AL OF GRANT FUNDING FOR TRANSPORTATION IMPROVEMENT PROJECTS AS PRESENTED; COUNCILMEMBER FAISON SECOND. The motion passed 6-0 as follows: Burbidge Dovey Faison Ferrell yes recused yes yes Kochmar McColgan Park Item (k)/Kenneth Jones Pool Fees and Charges: yes yes yes Councilmember Burbidge was pleased to announce the fees and charges for the Kenneth Jones Pool have been reduced. She encouraged everyone to take advantage of the wonderful facility. COUNCILMEMBER BURBIDGE MOVED APPROV AL OF KENNETH JONES POOL FEES AND CHARGES; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park VI. CITY COUNCIL BUSINESS yes yes yes Agreement between Central Puget Sound Regional Transit Authority and City of Federal Way for Future Development of Transit-Oriented Development at the Federal Way Transit Center (item postponedfrom Federal Way City Council Regular Meeting Minutes February 17, 2004 - Page 6 of 7 January 20, 2004 Regular Council Meeting)-previously moved to 3/2/04 Regular Council Meeting. VII. CITY COUNCIL REPORTS Councilmember Ferrell encouraged citizens to contact him directly with their concerns either via e-mail or his cell phone regarding the Sound Transit meeting. He noted this is the citizen's opportunity to have their voices heard. Councilmember Park announced the annual retreat of the Lodging Tax Advisory Committee would be held February 20th at 9:00 a.m. Councilmember Burbidge announced the next meeting of the Parks, Recreation, Human Services, Public Safety Committee will be held on March 18th at 5 :00 p.m. and noted this is a change of the regular meeting date. She further reported on her attendance at various regional committees and encouraged citizens to attend community events. Councilmember Dovey announced the next meeting of the Land Use/Transportation Committee would be March 1st at 5:30 p.m. in Council Chambers. He reminded citizens of the public meeting on February 26th regarding the Hylebos and the possible transfer from the state to the city. Councilmember Faison announced the next meeting of the Finance, Economic Development, Regional Affairs Committee would be February 24th at 5:30 p.m. Deputy Mayor Kochmar reported on her attendance at many regional meetings and recognized efforts of citizens in the audience. Mayor McColgan reported on his attendance at many regional and community events including Saghalie Junior High's Cultural Fair, in which he judged. VIII. CITY MANAGER REPORT City Manager David Moseley reported that Deputy Mayor Kochmar and Councilmember Park would be attending the National League of Cities Convention in early March. Mr. Moseley was also pleased to note per the City Attorney the Court of Appeals has dismissed the class action suit against the city regarding the sign code. He further reminded the Council of the need for an executive session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i) for approximately thirty minutes with no action anticipated. Federal Way City Council Regular Meeting Minutes February 17, 2004 - Page 7 of 7 IX. EXECUTIVE SESSION At 8: 17 p.m. Mayor McColgan announced the Council would be recessing into Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.11 O( 1 )(i) for approximately thirty minutes; with no action anticipated. Potential LitigationlPursuant to RCW 42.30.110(1 )(i) At 8:47 p.m. Deputy City Attorney Karen Kirkpatrick reported Executive Session would be extended an additional ten minutes. At 9:00 p.m. Deputy City Attorney Karen Kirkpatrick reported Executive Session would be extended an additional fifteen minutes. Council returned to Chambers at 9:20 p.m. x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at 9:20 p.m. Stephanie Courtney, CMC Deputy City Clerk MEETING DATE: March 2, 2004 ITEM# :lL- ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Right of Way Landscape Maintenance - Contract Award CATEGORY: [g CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 17,2004. SUMMARYIBACKGROUND: Four bids were received and opened on January 22, 2004 for the 2004 Right of Way Landscape Maintenance Contract. The lowest responsive, responsible bidder is Tru-Green Land Care with a total bid of $90,667.37. The amount available in the 2004 budget for this contract is $160,000.00. The large difference between the bid and the budget amount is because the maintenance costs for the SR-99 Phase II project were not included as part of the bid specifications, but were accounted for in the budget. Also, this project will be advertised for bids again in 2005 and we may not have the same success in obtaining such a low bid. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 17, 2004 meeting, the Land Use and Transportation Committee recommended to award the 2004 Right of Way Landscape Maintenance Contract to Tru-Green Land Care, the lowest responsive, responsible bidder in the amount of $90,667.37 and authorize the City Manager to execute the contract. PROPOSED MOTION: Motion to award the 2004 Right of Way Landscape Maintenance Contract to Tru-Green Land Care, the lowest responsive, responsible bidder in the amount of $90,667.37 and authorize the City Manager to execute the contract. CITY MANAGER APPROVAL: T\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/1 0/200 I ,~ í=ëderal Way DATE: February 17, 2004 Jack Dovey, Chair f\ Land Use and Transportation Committee ~ Marwan sallo.um, Street Systems Manager j --. -/;j---~ J~f\ ( .' David H. M6se~Y{JitiMðrager -' 2004 Right of Way Landscape Maintenance - Contract Award TO: FROM: VIA: SUBJECT: BACKGROUND: Four bids were received and opened on January 22, 2004 for the 2004 Right of Way Landscape Maintenance Contract. The bids for this contract are as follows: Company Tru-Green Land Care SS Landscaping Services, Inc. Canber Corps Green Effects, Inc. Bid Amount $90,667.37 $129,764.31 * $135,613.76 $210,038.00* Available Budget Amount * None responsive bid, missing bid amount for extra hours $160,000.00 The lowest responsive, responsible bidder is Tru-Green Land Care with a total bid of $90,667.37. The amount available in the 2004 budget for this contract is $160,000.00. The large difference between the bid and the budget amount is because the maintenance costs for the SR 99 Phase II project were not included as part of the bid specifications, but were accounted for in the budget. Also, this project will be rebid in 2005 and we may not have the same success in obtaining such a low bid. RECOMMENDATION: Place the following recommendations on the March 2, 2004 Council Consent agenda for approval: 1. Award the 2004 Right of Way Landscape Maintenance Contract to Tru-Green Land Care, the lowest responsive, responsible bidder in the amount of $90,667.37. 2. Authorize the City Manager to execute the contract. .. -. - " .- . APPROVAL OF COMMmEE REPORT: ~ . ~~ ~Æ -- ~iC!a~~; -;.¡~~~~~. . k:\lutc\2004\2004 row landscaping- contract award.doc cc: Project File Central File );,~d MEETING DATE: ¥88R1ttf)" ]~ 2004 ITEM# Y «i .) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: West Hylebos Creek Restoration -100% Design Approval & Authorization to Bid CATEGORY: BUDGET IMPACT: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 2,2004. SUMMARYIBACKGROUND: The West Hylebos Creek Restoration Project will restore approximately 3,300 feet of stream corridor between South 356th Street, downstream to SR-99 at the Montessori School. The Land Use and Transportation Committee approved the 80% design stage of this project on April 7, 2003. Project components on the Snyders' property have been deleted because of an unwillingness to grant the City an easement. Work on the City's blueberry farm will be completed by volunteers organized by Friends of the Hylebos Wetlands and the City. Estimated project expenditures total $908,195.00. Project funding of $1,648,445 is available through a NOAA Grant, the Centennial Clean Water Fund, and the SWM utility budget. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 2004 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Approve the 100% design phase for the West Hylebos Creek Restoration Project; 2. Authorize the City Manager to execute the negotiated easement from Don Barovic for use of his land for access to the creek as well as installation of in-stream structures. 3. Authorize Surface Water Management Division staff to bid the project and return to the City Council for pennission to award the project to the lowest responsive, responsible bidder based on available funding. PROPOSED MOTION: Motion to approve the 100% design phase of this project, authorize staff to bid the project, authorize the City Manager to execute a negotiated easement with Mr. Barovic, and direct staff to return to the City Council for permission to award the project to the lowest responsive, responsible bidder based on available funding. CITY MANAGER APPROVAL: ~ \ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ~ CITY OF .,. ~ Federal Way DATE: February 2, 2004 FROM: Jack Dovey, Chair Land Use and Transportation Committee ~¿'-ì Paul A. Bucich, P.E., Surface Water Manage~ David H. Mç¡set~nager West Hylebos Creek Restoration - 100% Design Approval &. Authorization to Bid TO: VIA: SUBJECT: BACKGROUND: The West Hylebos Creek Restoration Project will restore approximately 3,300 feet of stream corridor between South 356th Street, downstream to SR-99 at the Montessori School. The intention of the project is to stabilize large quantities of in-stream gravel and over-steep banks, plant native vegetation like conifer trees, and install in-stream habitat features for salmonids. The Land Use and Transportation Committee approved the 80% design stage of this project on April 7, 2003. Since then, the following changes are proposed to the scope of the project: 1. The project components on the Snyders' property have been deleted due to the property owners' unwillingness to grant an easement to the City. These consist of one engineered logjam and native plantings throughout the adjacent wetlands. Removal of this work will not detrimentally affect the overall project due to the number of engineered logjams being built overall as well as the plantings on the adjacent property. 2. The replanting work on the City's Blueberry Farm park property has been deleted from this project as it overlaps work being done by the Friends of the Hylebos Wetlands. The City has coordinated with the FOHW on the plant selection and dispersion. The City and FOHW coordinated on a first phase planting in the Fall of 2003 and will do the same on a second planting in 2004. Currently the project design is completed and hereby presented for your consideration. PROJECT FUNDING: The project is funded as follows: PROJECT EXPENDITURES Project Design Year 2004 Construction Estimate) 10% Construction Contingency Construction Management (10%) Easement (Barovic) TOTAL PROJECT COSTS $223,345 $546,280 $54,628 $54,628 $2,000 $908,195.00 AVAILABLE CONSTRUCTION FUNDING NOAA Grant Centennial Clean Water Fund $50,000 $387,150 $1,211,295 Friends of the Hylebos Wetlands as Grantee Centennial Clean Water Fund Grant (CCWF) (Est. $439,100 for City Share of Expenditures) Maximum based on 100% use of Grant Funds for construction eligible items SWM Utility Budget TOTAL AVAILABLE CONSTRUCTION BUDGET $1,648,445 RECOMMENDATION: Staff requests that the Committee place the following project recommendations on the March 2, 2004 City Council Consent Agenda: 1. Approve the 100% design phase for the West Hylebos Creek Restoration Project; 2. Authorize the City Manager to execute the negotiated easement from Don Barovic for use of his land for access to the creek as well as installation of in-stream structures. 2. Authorize Surface Water Management Division staff to bid the project and return to the City Council for permission to award the project to the lowest responsive, responsible bidder based on available funding. APPROVAL OF COMMITTEE REPORT: , ",', FT:kk cc: Project File Central File K:\LUTC\2004\O202 LUTC W Hylebos Creek Restoration lOO%.doc MEETING DATE: March 2, 2004 ITEM# 3L-. ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Granville Place Final Plat (File No. 03-101 016-00-SU) CATEGORY: BUDGET IMP ACT: 0 CONSENT ~ RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $ none ATTACHMENTS: February 17,2004 staff memorandum to City Council Land Use/ Transportation Committee, with Motion to Approve signed by the Committee; and with attachments including the draft Final Plat Resolution. SUMMARYIBACKGROUND: The applicant has submitted a request for final plat approval for the 7 lot Granville Place subdivision. The Federal Way City Council approved the Granville Place Preliminary Plat on May 20, 1997. The City Council Land Use/Transportation Committee (LUTe) reviewed the final plat application at their February 17, 2004 meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted at their February 17, 2004 meeting to recommend approval of the Granville Place final plat application to the full City Council. PROPOSED MOTION: "I move approval of the Resolution approving the Final Plat of Granville Place." CITY MANAGER APPROVAL: ~\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Doc. J.D. 26136 CITY OF Federal Way MEMORANDUM DATE: February 17,2004 To: Jack Dovey, Chair Land Userrransp VIA: ICP, Senior Planner ~ David Mosele , City Manager FROM: SUBJECT: Granville Place Final Plat Application Federal Way File #O3-101016-00-SU I. STAFF RECOMMENDATION Staff recommends that the Land Use/Transportation Committee forward to the City Council a recommendation approving the Granville Place Final Plat Resolution. II. SUMMARY OF ApPLICATION/ExHIBITS This application requests final plat approval for Granville Place, a subdivision of seven (7) single- family lots on 2.09 acres. The Federal Way City Council granted preliminary plat approval for the seven lot residential subdivision May 20, 1997. The Granville Place subdivision is located at the terminus of SW 346th Place, south of SW 344th Street. Zoning for the site at the time of application was, and continues to be, Residential Single-Family (RS 7.2). Pursuant to Federal Way City Code (FWCC) Section 20-134 (as vested), the City Council may approve the final plat application only if all criteria of FWCC Section 20-134(b) are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria. III. REASON FOR COUNCIL ACTION The final decision for final plats rest with the City Council in accordance with FWCC Section 20- 134(b). Bringing this matter before the City Council Land Useffransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. Doc. I.D. 25984 IV. PROPOSED MOTION I move that the Land Use/Transportation Committee forward to the City Council, and place on the March 2, 2004 City Council consent agenda, a recommendation approving the Granville Place Final Plat Resolution. APPROV AL OF COMMITTEE ACTION Ef ~/# Doc. I.D. 25984 ~ ~J CITY OF "(iJ""-~ Federa I Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval Granville Place Final Plat File No. 03-101016--00-SU I. Recommendation City of Federal Way staff has reviewed the final plat of Granville Place for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. General Information Date: February 17, 2004 Request: Request for final plat approval for Granville Place Subdivision Description: Granville Place is a proposed subdivision of 2.09 acres into seven lots, each having a minimum of 7,200 square feet, and two tracts, one for storm drainage and the other for open space buffer. The Granville Place Preliminary Plat was granted approval by the Federal Way City Council on May 20, 1997, per City Council Resolution 97-252. Access to Granville Place has been provided by a northwesterly extension of SW 346th Place, terminating in a barricade at Lot 7 to prevent through access to SW 344th Street. Lot 7 contains a previously-existing single family residence which will continue to be accessed from SW 344th Street over a pre-existing private access easement. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements have been constructed and all applicable maintenance bonds are secured. Owner: Jerry Perrin 2928 58th Avenue Auburn, WA 98001 Surveyor: Melvin Garland, PLS Apex Engineering, PLLC 2601 South 35th Street, Suite 200 Tacoma, WA 98409-7479 location: Between 30th Avenue SW and 35th Avenue SW, approximately 200 feet south of SW 344th Street. In the SW 1/4 of Section 24{ Township 21 North{ Range 3 East{ W.M{ King County (Exhibit A - Vicinity Map). Sewage Disposal: Lakehaven Utility District Water Supply: Tacoma Water fire District: King County Fire District No. 39 School District: Federal Way Public Schools, No. 210 Report Prepared By: Lori Michaelson{ AleP{ Senior Planner III. History and Background Granville Place Plat is a proposed subdivision including seven single-family lots on approximately 2.09 acres (Exhibit B - Final Plat Map). A proposed resolution of the City of Federal Way{ Washington, to approve the final plat of Granville Place Plat is attached (Exhibit C - Granville Place Final Plat Resolution). The seven lot Granville Place Preliminary Plat was granted approval by the Federal Way City Council on May 20{ 1997{ per City Council Resolution 97-252 (Exhibit D - Preliminary Plat Map and Exhibit E- Resolution 01-252). Zoning for the 2.09 acre site is Single-Family Residential (RS) 7.2, requiring a minimum lot size of 7{200 square feet. Lot sizes on the Granville Place Final Plat range from 7,200 to 10{321 square feet, with six of the seven buildable lots exceeding the minimum. The owner applied for final plat approval on March 14{ 2003. Improvements installed under construction files (BLD-0734 and 01-100786-00-EN) were deemed substantially complete in May of 2002{ consistent with plat expiration limits{ and are now fully complete. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC){ the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the Granville Place Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes{ policies, and plat conditions have been met or are financially secured as allowed by FWCC Section 20-135. IV. Compliance with Preliminary Plat Conditions The following lists conditions of preliminary plat approval as referenced Federal Way City Council Resolution #97-252. No SEPA mitigation measures were required for the proposal. All required improvements have been completed{ inspected, and approved by the City. 1. Prior to final plat approval, the existing structure on Lot 7{ located within five feet of the proposed south property line{ must be removed or relocated to conform to building setback requirements as established by the Federal Way City Code (FWCC); or lot lines must be adjusted accordingly. Doc. I.D. #25985 Granville Place Staff Report Page 2 Permit #03-101016 February 17, 2004 Staff Response: This condition has been met. A previously existing shed has been removed from the site. 2. Prior to final plat approval, the required off-site hydrant must be installed at SW 344th Street at a location approved by King County Fire District #39, or alternative fire protection measures implemented for Lot #7, as approved by the fire district. Staff Response: This condition has been met. The off-site hydrant was installed and approved per fire department specifications. 3. Pursuant to the applicant's proposal to pay a fee in lieu of reserving a portion of on site open space, as provided by the FWCC, a current market value analysis of similarly situated property must be submitted to the City to determine the amount of the open space fee under this agreement. Payment of the open space fee shall be required prior to final plat approval. Staff Response: This condition will be met by payment of the required open space fee of $19,130 prior to recording of the final plat. Open space fees paid to the City are utilized for neighborhood park improvements in the vicinity of the subject property. In accordance with code, the open space fee was calculated on the basis of the June 2004 assessed valuation of the property that would otherwise have been required to be provided in usable open space. 4. The existing temporary cul-de-sac easement located east of the site at the existing terminus of SW 346th Place shall be relinquished and documents filed with the City for recording. The applicant is reponsible to prepare and submit the necessary documents in a form approved by the City. The applicant shall reconstruct the cul-de-sac area to match the existing improvements. Design and construction of this street section shall conform to Public Works standards and shall include sidewalks and street trees within the planter strip, as approved by the City. Staff Response: This condition has been met. The applicant has removed the temporary cul-de- sac bulb and reconstructed the area in accordance with code requirements as required by the Director of Public Works. In accordance with the recorded plat of Southampton Court, the temporary easement automatically terminated with reconstruction of this area. 5. Design and location of the temporary barricade adajcent to Lot 7 shall be approved by the City of Federal Way and King County Fire District 39. This temporary barricade shall be removed with future right-of-way improvements at this location, and the area reconstructed, as required and approved by the City. Staff Response: This condition has been met. The barricade has been installed, inspected, and approved by the City and the fire department. In addition, consistent with previously recorded subdivisions, signage has been placed on the barricade notifying the public that the barricade is temporary and the street will be extended with future development. 6. The proposed temporary cul-de-sac easement located in Lots 5 and 6 shall be relinquished with future right-of-way improvements at this location, and the area reconstructed, as required and . approved by the City. Staff Response: This condition has been met. Plat Note #2 states that the temporary cul-de-sac easement shall automatically terminate with future street extension and street improvements. 7. Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be located in a detention tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. Staff Response: This conditìon has been met. The Tract A surface water detention pond has been dedicated to the City on the face of the plat and by statutory warranty deed. Consistent with FWCC Doc. I.D. #25985 Granville Place Staff Report Page) Permit #03-101016 February 17, 2004 2. Thefmal plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The plat meets the zoning standards for the RS 7.2 zoning district. Pursuant to FWCC Section 20-155, the applicant has opted to and paid an open space fee-in-lieu of providing on-site recreational open space. As provided in FWCC Section 20-133, maintenance bonds are in place for installed improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as documented in the staff comments above. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and addressed as discussed above, including safe walking routes to school; open space fee-in-lieu payment; drainage system installation; water system installation; sewer system installation; and street improvements, including curb, gutter, sidewalks, street trees, street lights, and signage. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Granville Place have been completed, as verified by City staff, and as certified in letters from lakehaven Utility District and Tacoma Public Utilities, dated September 24, 2003, and April 15, 2003. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII. Conclusion Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Granville Place meets all platting requirements of RON 58.17.110 and the FWCC Subdivision Code, Division 6, Final Plat Plat infrastructure improvements have been fully completed. The project has been developed in conformance with Resolution #97-252. A recommendation for final plat approval is therefore being forwarded to the City Council for approval. VII. Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Vicinity and Zoning Maps for Granville Place Plat 8 V2 x 11 reduced scale copy of Granville Place Final Plat Map Final Plat Resolution 8'/2 x 11 reduced scale copy of Approved Granville Place Preliminary Plat Resolution #97-252, City of Federal Way May 20, 1997 Preliminary Plat Approval of Granville Place Preliminary Plat Doc. I.D. #25985 Granville Place Staff Report Page 5 Permit #03-101016 February 17, 2004 requirements, the property owner is responsible to maintain storm drainage facilities as required by the City (as well as all infrastructure improvements located within City-owned property) for aperiod of two years from the date of final plat recording, after which the City will be responsible to maintain the facilities. 8. The final plat drawing must establish the open space buffer in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and prohibiting removal or disturbance of landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The open space buffer shall be landscaped to achieve and maintain a visual buffer pursuant to FWCC Chapter 20-155 and See. 22-1565( c)(l), as approved by the City and pursuant to Condition below. Staff Response: This condition has been met. Text note #1 establishes the tract as permanent vegetated open space to be owned and maintained as such by homeowners. Consistent with the intent of buffer open space provisions of the Subdivision Code, i.e., visual separation with open-area vegetation, the applicant has planted a row of trees and shrubs within the Tract B buffer. 9. Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape . architect, shall be submitted to the City for approval, and shall include the following elements: (a) (b) (c) (d) Open space buffer landscaping; Street trees in planter strips inside plat boundaries and off site as required by Condition #4, above; Significant tree replacement plan; and Visual screening of all property boundaries of the detention tract from adjacent properties and the right-of-way with landscaping and/or fencing. Staff Response: This condition has been met. The landscape plan with required components was submitted, approved, constructed, and inspected by the Departments of Community Development and Public Works. Open space landscaping was addressed as noted in staff response to #8, above. Street trees were installed on internal streets as required by code. No off site tree was installed because no planter strip is available in the existing right-of-way and the existing improvements in the adjacent residential subdivision do not include street trees. No significant trees were identified outside of plat construction areas, therefore, no replacement trees are required per code. The detention tract has been screened with both landscaping and fencing. . 10. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City Code requirements. Design and construction of plat improvements shall conform to Federal Way City Code, the King County Surface Water Design Manual, the Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. Staff response: This condition has been met by construction of all required improvements, with no outstanding improvements remaining or performance bonds required. As provided in FWCC Section 20-135, maintenance bonds are in place for the installed improvements. v. Decisional Criteria Pursuant to FWCC Section 20-134 (as vested), if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions. of preliminary plat have been met and the final plat fully conforms to the preliminary plat. Doc. 1.0. #25985 Granville Place Staff Report Page 4 Permit #03.101016 February 17, 2004 "J~~:F~'):Y"(""-':" ":';;--i:::':f ,,¡" ,~:',.' ~ "":,,:: /. . 'c: ,~! . " . "'.' ", " " " .. .~. .1 ,',' " .'sw, ;:344 Í1f~T ".. SW,34eili sW 341TH ST sW"349TH ST , .', ~:r' \.': ,. . "~" , , .. '. 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WAY OR ITS SUCCESSOR AGfJK:'( ACCÐ'IS 11£ IIIPRO'.6IOO'S fOR 11£ HC4rniERI.Y £X1IHSIQI (£ Jm/ PU.Œ SOU1II\\EST. AS LDNC AS 11£ aA.-Œ-SAC RÐmIS IN PU.Œ IT SHAll. OC «D'T fREE M) allR (£ PNInD 'ÆHJCI.ES OR Nfr OTHER 00STRIIC1I0HS f"OR Æ£ AfXfSS N/IJ ClRCUU.11OM. .1 mE RIŒT Of WAY FOR s.w. J<6m PlJ.a: IIII.l fJ( OEDfCATrD TO 1fi[ OTY IJPOH RECORDING (F 1!fS PlJ.T, ., 1fi[ fRONT YARD 8UI!DIHG SU 8ACJ( UN( fOR 1O1S 5 - 5 SHN..l 6E COtt:RW«JS 1I!lH mE aA.-OC-SAC [A5IJiDIT BOONOARY, DR 20 ffiT fRO, JIŒ: RJQIT (F WAY, VoHIæ!'Vf.R IS CR£ATD!. UNJU. SUCH 1M AS 11£ OJl-Df-SAC IS R!1JNQ(.IjSH[¡) - mE MI£A RECOHSTRUCTrD AND CVl-/)[-SAC fASÐ,([)(IS ARt EXTINGI.IlSHfD, AT Vf1IOi T1IIf 11£ PERwJ/f}(( fROHT YARD BU1IDIIIG SU BAQ( UNE SHAll. f[ 20 ffiT fRO, 11£ RIGfIT Of WAY. 5. 1H£ ORMIAŒ SWAl£ lOCATrD OH THE EAST sa: Of LOT:; .. 5, 5 NIt) 1RACT B. SHAlL HOT BE GRADED. fU.£D œ Al!tRm IN mr WAY VNI£SS m>ROV£IJ BY 11£ OTY (£ FrDfRAl WAY ?OBUC WCRi<S OfPAA1I.fENT. LEGEND ~ rouND wŒllIŒNT AS NOTED I321 LOT ADDRESS TRACf "A": =A:y~OH_~=::';~f.(lT.C< TRACf "ß": =="S-~= IIAlllThf£D BY THE RO.W. DETAIL N.T.s. l¡ Q69' NORTH R.O.W. s.V( ~TH f'LAC[ EAST UNE Œ" PlAT BOVNDARY " STORM EASEMENT DEfAIL "B" SCAl£ I" " 20' <:¡i.1i"!"'<' ,\>6.J<"27 <i>'.,;"1f. \ R-226.TT \ l=25.Ot- , , PRlVAif STœiI \ EA5DEHT . .Y ,t,f-:.:ß<I ~\<:f PRINTED FEa 09 ~ APEX CfIY OF FEDERAL WAY ALE No. : 03-I01O16-0O-&1 Pí DATE: 05lI2/O3 JOB NO: 27l.38 SBEEf 3 OF 3 DRAFT ~/d-3/6f RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF GRANVILLE PLACE, FEDERAL WAY, WASHINGTON, FILE NO. 03-101016-00-SU WHEREAS, the preliminary plat for Granville Place, City of Federal Way File No. 96-101577, was approved subject to conditions on May 20, 1997, by Federal Way City Council Resolution No. 97-252; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No, 97-252 and in the April 21, 1997, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant completed the required improvements and submitted for final plat approval for Granville Place within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the February 17,2004, Staff Report; and WHEREAS, the City Council Land Userrransportation Committee considered the application and staff report for the Granvìlle Place Preliminary Plat at its February 17, 2004, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Granville Place during the Council's March 2, 2004 meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREßY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. EXHU3/1 - ~. Doc. I.D. 1. The final plat of Granville Place, City of Federal Way File No. 03-101016-00-SU, is in substantial confonnance to the preliminary plat and is in confonnance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the Federal Way Resolution No. 97-252 and the conditions listed in the April 21, 1997 Recommendation of the City of Federal Way Hearing Examiner, have been satisfied. 5. All required improvements for final plat approval have been made, and sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee of maintenance of all required plat improvements as noted in the February 17, 2004 Staff Report. 6, All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2, Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat of Granville Place, City of Federal Way File No. 03-101016-00-S0, is approved, Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Section 4. 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 Doc. I.D. 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 affil111ed. 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, WASHINGTON, this day of , 2004. CITY OF FEDERAL WAY Mayor, Dean McColgan A TrEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Doc. !.D. -z -I~ ~ " ,.,., GRANVILLE PLACE PRELIMINARY PLAT SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M. TYN:AL F>OAD ~ ~ ¡ to _-7h:-~:dtìJ' r:=- -- ~-"'.-"" ~ $TAQT R(),A.V sg;nQH' ..- ..... ,,' ~~ ~--~ ~- _.~ sITE DATA ---" ---" 0, ro ~ ..., A \0 - o. >\ r- 1r- ~ ro :I: c eð .- E .- -. C)' \.. CI' ,.. -~.~ -~......' ~,<-,- -~~-- - -- ~ ...--. ~..~,,~- ----- 4-"----- "'"' -~.-'~' ~~~-~ -- -,~~-- :::::;:~ --::::- = RESOLUTION NO. 97-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF GRANVILLE PLACE, FEDERAL WAY FILE NO SUD-96-000~ WHEREAS, the app 1 icants , Bob Woodford and Jerry Holm, applied to the city of Federal Way for preliminary plat approval to subdivide certain real property consisting of 2.09 acres into seven (7) single family residential lots located between SW 30th and 35th Avenues SW, approximately 220 feet to the south of SW 344th street with access from SW 346th Place, if extended; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on April, 1, 1997 concerning the preliminary plat of Granville Place; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Recommendation on April 21, 1997 containing findings, conditions and conclusions; and WHEREAS, the city council of the city of Federal Way is the governmental body now having jurisdiction and authority to pass upon the approval, denial or modification of the application and the conditions of said preliminary plat pursuant to section 20-113 of the Federal Way City Code; and WHEREAS, the city Council having considered the written record and Recommendation of the Hearing Examiner, pursuant to Chapter 20 EXH \B \T £ (F>n@~?' Res. I 97-25'4 Page 1 of Federal Way city Code, Chapter 58.17 RCW and all other applicable city Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. Findings of Facts, Conditions and Conclusions. The Reconunendation of the Federal Way Land Use Hearing Examiner issued on April 21, 1997, containing the Hearing Examiner's findings, conditions and conclusions, following a public hearing on April I, 1997" to approve the preliminary plat of Granville Place subject to certain conditions, is hereby adopted as the findings, conclusions and conditions of the city Council. section 2. Application Approva 1. Based upon the Recommendation of the Federal Way Land Use Hearing Examiner and the findings, conditions and conclusions contained therein, as adopted by reference by the city Council set forth above, the preliminary plat of Granville Place, Federal Way File No. SUB-96-0001, 1S hereby approved subject to the conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated April 21, 1997 attached hereto as Exhibit A and incorporated by this reference. section 3. conditions of Approva] Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the city Council finding that public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, th~n, in said Res. 197-252, Page 2 event, the proposed preliminary plat approval granted in this' resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58 . 17 and applicable city ordinances, rules and regulations and forward suçh recommendation to the City Council for further action. section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. section (i. 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 2{1 DAY OF ,)ÜU F , 1997 1 CITY OF FEDERAL WAY ~~ '~' , ~ ?;;~¿-~. 1<' ~J /~ YOR, MNiLON S. PRIEST Res. i 97-75'2, Page 3 ATTEST: APPROVED AS TO FOID1: , ",/":::'~, ~;d___- ----, ~' ,,' ,,/" /<:.-/ " . /'CITY~'I'jX)RNEY ( LaNDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 04-29-97 05-20-97 97-252 Res. I 97-252.. Page 4 ( ( RECEIVED !\PR 2 j í99ï CiTY CLER¡<S OFFICE CITY OF FEDEnAL WAY CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: FWHEj 97 - 5 PRELIMINARY PLAT OF GRANVI LLE PLl\CE PROCESS III 1. SUMMARY OF APPLICATION The applicant proposes to subdivide two parcels of land into seven lots, each having a minimum of 7,200 square feet. One õf the subject parcels contains an existing single family residence and the other parcel is undeveloped. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: Apri11,1997 April 21, 1997 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Granville Horn, Apex Engineering 3. Pam Glaser,31 18 SW 34Glh Place, Federal Way, WA 98023 4. Gary ßarnettt, Senior Development Engineer, City of Federal Way At the hearing the following exhibits were admitted as part of the off¡cial record of these proceedings: 1. Staff Report with all attachments IH. FINDINGS 1. The Hearing Examiner has heard testimõny, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "I" and incorporated in its entirety by this reference. -'-Lj) /1 ( [2::> .J "-"'TTTTT1Tm . Ex f 1\" ( ( PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 2 3. 4. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (fWCC). The applicant has a possessory ownership interest in a 2.09 acre, trapezoidal shaped parcel ofproperiy located at the terminus ofSW 3461h Place, south o[SW 3441h Sl. within the City of Federal Way. The parcel, bordered on the south by property within Pierce County, is improved with a single family residential dwelling and accessory structure on the northern portion. The applicant is requesting preliminary plat approval to allow subdivision of the parcel into seven single family residential lots. The preliminary plat shows that access to the site will be provided by extending SW 346Ú\ Place through the southern portion of pial. Six lots are proposed for the south portion of the plat and a temporary cui-de-sac is proposed between lots five and six at approximately the center of the parcel. A storm detention tract separates lot six from lot seven which abuts the north property line and is improved with the existing structures which will remain. Lot seven will continue to use the existing access onto SW 34411> Street. 5. SW 3461h Place presently terminates in a temporary cui-de-sac at the parcel's east property line. The applicant will remove the asphalt from the cuI-dc-sac portion of the road, return said area to grass, and remove the temporary cui-de-sac easement from the title of the subservient estates. 6. The east property line is bordered by the Southhampton Couri subdivision and the south property line is bordered by the Stonegate Division II subdivision located in Pierce County. The north and west property lines are bordered by single family residential dwellings on larger lots. . 7, The site is located within the Single Family Residential-High Density designation of the Federal Way Comprehensive Plan and is located within the Single Family Residential (RS- 7.2) zone classification of the FWCe. The RS-7.2 classification authorizes single family detached dwelling units on minimum 7,200 square foot lot sizes. The proposed minimum lot size is 7,200 square [eet and the maximum lot size is 10,320 square feet. The proposed lot size and density arc consistent with abutting and nearby platted properties within both the City and Pierce County. 8. The storm drainage improvements must comply with all applicable Core and special requirements outlined in the King County Surface Water Design Manual including surface water detention, biofiltration, and oil/water separation. The applicant submitted a Levell dO\vnstream analysis which has been reviewed by the City Public Works Department. The storn1 water system is designed to collect storm water in the detention tract between lots six and seven, and then releasing the water to a biofiltration swale for conveyance to the llgrúl ~. to an existing outfall point in SW 34411. St. . . . ( ( PRELIMrNAR Y PLAT OF GRANVILLE PLACE April 21, 1997 Page - 3 9, The soils consist of Aldef\vood gravelly, sandy loam which is moderately well drained, capable of adequate compaction, and able to support the proposeddevelopmcnt. The site is mostly flat with an average slope of three percent. On site vegetation consists of domestic slUl.1bs and grasses, alder, blackbeIT)', and other native species. Four significant trees are on site, all of which will be lost. The applicant must obtain approval of a landscape plan and comply with the significant tree ordinance. No threatened or endangered species are known or excepted to inhabit the site. Replacement of the significant trees and incorporation of street trees, buffering, open space, and landscaping will assist the small birds and animals cUlTently on the site. The project}s not located within a sensitive area or 100 year floodplain. 10. The applicant will install full street improvements for the extension of SW 3461h Place from the present temporary cuI-de-sac to the new temporary cui-de-sac, and half street improvements north of said point. Full street improvements include 28 feet of pavement, vertical curbs, gutters, sidewalks, and street trees within a 56 foot wide right-of-way. The half street improvements will include 20 feet of pavement, curb, gutter, sidewalk, and street trees on the easterly side only. The half street improvements will extend from the temporary cul-de-sac to the north property line of lot seven within a 30 foot right-of-way. Lot seven will continue to use the existing access onto SW 3441h Street which will also serve as an emergency vehicle access for the plat. 11. The applicant asserts that since SW 3461h Place is a neighborhood access street, street lighting is not required by the FWCc. Section 22-1522 FWCC states as follows: Street lighting shall be required on all rights-of-way, except neighborhood access streets and culs-de-sac. Section 20-185 FWCC states as follows: a. All subdivisions and ShOli subdivisions shall install street lighting on all streets, except neighborhood access streets and cui-de-sacs where installation is optional, in accordance with common design standards for spacing, placement, and luminous intensity. b. Light standard and lumi!lar design shall be approved by the Director of Public Works. Section 22-1522 is a portion of the zoning chapter of Úle FWCC and addresses street lighting on all City streets regardless of whether said streets are located within a subdivision. Section 20-185 is a portion of the subdivision chapter ofÚle FWCC and ( ( PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 4 12. 13. specifically addresses standards for new subdivisions. Section 20-185 states that it is optional with the City as to whether street lighting is required on neighborhood access streets, Such interpretation is consistent with Section 20-144(C) FWC~hich sets forth a portion of the criteria which the Examiner must evaluate in a plat alteration application. Said section states that Section 20-185 applies "only to new . roadways proposed as a result of the alteration of the plat." Thus, in all new subdivision streets, street lighting may be required at the discretion of the City. School aged children residing in the subdivision will be served by Green Gables Elementary School, Saghalie Junior High S<:hool, and Decatur High School. Bus stops are currently located within a few blocks of the plat and may be adjusted depending on student transportation needs. The plat must comply with the City School Impact Fee Ordinance which is subject to an annual adjustment and update. Alderdale Park is located approximately one half mile to the northeast of the site; Olympic View Park is approximately one mile north of the site; and Crescent Heights Park, within tile City of Tacoma, is approximately one mile to the west. Dash Point State Park is 1.5 miles to the northwest. Section 20-155(B) FWCC requires the applicant to provide open space in the amount of"15% of the gross land area of the subdivision site". However, since the site is less than five acres, the applicant is allowed to seek alternative methods to providing said open space on site. The applicant is proposing to pay a fee in lieu of reservation as permitted by Section 22-155 and as required by a conditional of approval hereinaf1:er. 14, The City of Tacoma has provided a certificate of water availability indicating its ability to supply both domestic wate"r and fire flow to the site. The Lake Haven Utility District will supply sanitary sewer service to all lots. 15. Section 20-120(B) FWCC requires the Examiner to review a request for preliminary plat approval for compliance with Sections 20-2; 20-151 through 20-157; 20-178 through 20-187 FWCC; and RCW 58.17. 16. The preliminary plat complies with the subdivision design criteria set forth in Section 20-151 FWCc. The traffic is distributed in a logical manner toward a collector street system and connects with existing streets. A temporary cul-de-sac is provided, but is not more than 600 feet in length. The site contains no steep slopes and the streets are designed in conformance with adopted standards for sight distance at intersections. 17. All lots are designed in accordance with the criteria set forth in Section 20-152 FWCC and are of ample dimension to provide a regular shaped building area which can meet required setbacks. All lots arc designed to provide access for emergency apparatus and abut a public street right-of-way. No lots will access onto an arterial street. As previously found 1he ( ( PRELIMINARY PLAT OF GRANVILLE PLACE Apri121,1997 Page - 5 18. 19. 20. subdivision meets the density and lot size criteria of the RS-7.2 zone classification. The applicant is not proposing a cluster subdivision, and as previously found, will satisfy the open space requirements of Section 20-155 r-WCC by making a payment-ndieu of open space. Pedestrian and bicycle access corridors arc not appropriate as the site is not located near a bikeway or trail. Sidewalks on both sides of the plat road will ensure safe walking conditions. No view blockage issue are present. The improvement and density requirements set forth in Sections 20-176 and 20-177 fWCC are satisfied. Buffers required by Section 20-178 are not necessary since the site is bordered by single family residential dev,elopment on all sides. Conditìons of approval require the applicant to retain all natural vegetation except that removed for improvements or grading as required by Section 20-179. Street improvements meet the requirement of Section 20-180. The City of Tacoma will serve the subdivision with both domestic water and fire flow as is authorized by Section 20-181 FWCC and the Lake Haven Utility District will provide sanitary sewer service as is authorized by Section 20-182. As previously found, the applicant is proposing an adequate stonn drainage system designed in accordance with fWCC requirements as required by Section 20-183. All lots in the subdivision will be served by electricity, telephone, cable tv, and natural gas (if available) and all utilitìes will be provided underground as required by Section 20-184. As previously found, street lighting will be provided as required by Section 20-185. The applicant is required to provide a landscape plan, comply with the significant tree ordinance, and provide pennanent survey control monuments in accordance with Sections 20-186 and 20-187 FWCe. Subdivisions are approved pursuant to the Process III evaluation set forth in Section 22-476 et seq, fWCe. Process III requires the Examiner to issue a recommendation to the Federal Way City Council which then makes the final decision as to approval or disapproval of the preliminary plat application. Findings on each decisional criteria used by the City Council to make its decision are hereby made as follows: A. The proposed preliminary plat is consistent with the Single Family High Density designatìon of the 1995 Federal Way Comprehensive Plan. The plat is developed in accordance with the RS- 7.2 zone classification and is consistent with density allowances and policies applicable to the Single Family High Density designation. ß. The proposed preliminary plat múst comply with all applicable codes and regulations to include the Environmental Policy, the Subdivision, and the Methods of Mitigation Chapters of the FWCe. Conditions of approval set forth hereinafter ensure that the preliminary plat complies will all applicable codes and regulations. e. The proposed preliminary plat is consistent with and will ensure protection of the , . ( ( PRELIMfNAR Y. PLAT OF GRANVILLE PLACE April 21, 1997 Page - 6 public health, safety, and welfare. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. 3. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. ll1e proposed preliminary plat promotes the health, safety, and general welfare in accordance with standards established by the ~Statc and the City, and promotes the effective use of land by preventing the overcrowding or scattering of development. The plat avoids congestion and promotes the safe and convenient travel by the public on City streets. The plat provides for adequate light and air, water, sewage; drainage, parks and recreational areas, schools and school grounds, and other public requirements. The plat makes appropriate provision for proper ingress and egress and provides for housing needs of the community. The plat will ensure uniform monumentÎng of land divisions and conveyance of accurate legal descriptions and contains no environmentally sensitive areas. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, fire protection, parks, playgrounds, schools, and safe walking conditions as required by RCW 58.17.110. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved subject to the following conditions: A. Prior to final plat approval, the existing structure on Lot 7, located within five feet of the proposed south property line, must be removed or relocated to confonn to buildinß setbacks requirements as established by Federal Way City Code (FWCC); or lot lines must be adjusted accordingly. 13. Prior to final plat approval the required off-site hydrant must be installed at SW 344(J¡ Street at a location approved by Kinß County rire District #39, or alternative fire protection measures implemented for Lot 117, as approved by the fire district. c. Pursuant to the applicant's propošal to pay a fee in lieu of reserving a portion of on site open space, as provided by the rwcc, a current market value analysis of similarity situated propel1y must be submitted to the City to detennine the amount of the open space fee under this aßreement. Payment of the open space fee shall be required prior to final plat approval. " ( ( PRELlMrNAR Y PLAT OF GRANVILLE PLACE Apri121,1997 Page - 7 E. D. F. G. H. I. The existing temporary cui-de-sac easement located east of the site at the existing terminus ofSW 346(1. Place shall be relinquished and documents [¡led with the City for recording. The applicant is responsible to prepare and submit-the necessary documents in a fonn approved by the City. The applicant shall reconstruct the cul- dc-sac area to match the existing improvements. Design and construction of this street section shall conform to Public Works standards and shall include sidewalks and street trees within the planter strip, as approved by the City. Design and location of the temporary barricade adjacent to Lot 7 shall be approved by the City of Federal Way and King County Fire District 39. This temporary barricade shall be removed with future right-of-way improvements, as required and approved by the City. The proposed temporary cul-de-sac easement located in Lots 5 and 6 shall be relinquished with future right-of-way improvements at this location, and the area reconstructed, as required and approved by the City. Retention/detention facilities used to control nmoff from the site to off-site drainage courses shall be located in a detention tract dedicated tothe City at the time of final plat approval, unless located within improved public rights-of-way. The final plat drawing must establish the open space buffer in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and prohibiting removal or disturbance of landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The open space buffer shall be landscaped to achieve and maintain a visual buffer pursuant to FWCC Chapter 20-155 and Sec. 22-1 565(c)(1), as approved by the City and pursuant to Condition If, below. Prior to issuance of construction pennits a landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: (a) Open space buffer landscaping; (b) Street trees in planter stri¡Js inside plat boundaries and off-site as required by Condition #4, above; (c) Significant tree replacement plan; and (d) Visual scrccning of all property boundaries of the detention tract from ( ( PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 8 J. adjacent properties and the right-of-way with landscaping and/or fencing. Prior to final plat approval, all required improvements must be CGrnp!cted or the improvements appropriately bonded, per City Code requirements. Design and construction of plat improvements shall confonn to federal Way City Code, the King County Surface Water Design Manual, the Hylcbos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. RECO MMEND A T[ 0 N: It is hereby recommended to tile federal Way City Council that the preliminary plat of Granville Place be approved subject to the conditions contained in the conclusions above. iC DATED THfS ) I DAY OF APr: 199~/;, /" jJ " ¡!/( ~1 l> ST < )HEN K. CAUSSEAUX, J~ Hcat"jng Examinct- "). \ -1'\-1\ TRANSMITTED T[-nS~ DAY Of April, 1997, to the following: APPLICANTS: OWNERS: AGENT: Bob Woodford and Jerry Holm 25105 9'h Avenue S Des Moines, W A 98198 Gene f. Sims 174293 pI Drive NW Arlington, W A 98223 James McCulloch 3327 SW 344'" Street Federal Way, WA 98023 Granville Horn APEX Engineering 2401 South 35'" Street Tacoma, W A 98409 ( ( PI\ELIMINAR Y PLAT OF GRANVILLE PLACE April 21, 1997' . Page - 9 Pam Glaser 3118 SW 349(11 Place Federal Way, WA 98023 Debbie Kovach 3126 SW 346111 Place Federal Way, W A 98023 Al Dimakis 3110 SW 346111 Place Federal Way, W A 98023 City of Federal Way Attn: Bob Baker/Lori Michaelson 33530 151 Way South Federal Way, W A 98003 MEETING DATE: March 2, 2004 ITEM# :JL(Ll CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Home Free Guarantee Contract with King County Metro CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 17,2004. SUMMARYIBACKGROUND: As an employer of 100 or more employees arriving at a single worksite between 6:00 a.m. to 9:00 a.m., the City is required by RCW 70.94.521 - 70-94.551 to encourage the use of alternatives to Single Occupant Yehicles (SOY). Part of the City's incentive program involves a guaranteed ride home for employees participating in van/car pools in the case of an emergency which either requires them or their driver to leave work early. The cost of this program is $150 annually and is provided by King County Metro. The 2003 Home Free Guarantee Contract with King County Metro has expired. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 17,2004 meeting, the Land Use and Transportation Committee made the following recommendation: Authorize the City Manager to execute the 2004 Home Free Guarantee Contract with King County Metro in the amount of$150 to be funded by the Traffic Division. PROPOSED MOTION: Motion to authorize the City Manager to execute the contract with King County Metro. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # DATE: February 17, 2004 FROM: Jack Dovey, Chair Land Use and Transportation Committee Richard A. Perez, City Traffic Engineer ar Sarady Long, Traffic Engineer David H. M~anager 2004 Home Free Guarantee Contract with King County Metro TO: VIA: SUBJECT: BACKGROUND Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and to reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOV) for the commute trip. The law requires that all major employers, both public and private, employing 100 or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. develop and implement a Commute Trip Reduction Plan. The 2003 SOV rate for all City of Federal Way employees working at City Hall is 84%. This is a 1% reduction since the last survey in 2001. The City's current CTR program includes the following incentives: . Up to $30 per month in Commuter Bonus/Bonus Plus Voucher for transit, carpool and vanpool subsidy Alternative Work Schedule and Compressed work weeks with approval from the department director Home Free Guarantee Program Preferential parking for Carpool and Vanpool participants . . . The combinations of the incentive program, alternative work schedules and the Home Free Guarantee Program have been very effective in reducing SOVs. Currently, there are 10 to 15 employees benefiting from the incentive program, and over 74 employees participating in alternative work schedules (City Hall only). HOME FREE GUARANTEE The purpose of the Home Free Guarantee program is to provide employees participating in car or van pools with a free taxi ride home in case of either an emergency or a need to work late unexpectedly. Furthermore, this guarantee also applies to members of a car or vanpool whose driver either has to work late or leave work early unexpectedly. The current 2003 Home Free Guarantee contract with King County Metro has expired. Staff would like to renew the contract with King County Metro as it's an essential element of the overall CTR program. Based on an estimated 150 full time employees at the new City Hall, the 2004 Home Free Guarantee program contract would cost $150 annually. RECOMMENDATION Staff recommends placing the following item on the March 2nd, 2004 Council Consent Agenda: Authorize the City Manager to execute a 2004 Home Free Guarantee contract with King County Metro in the amount of $150 funded by the Traffic Division. APPROVAL OF COMMITTEE REPORT: ~ Ii "'4 } ~'~;iC . F aisån;.M ember RAPjSL:kk cc: Project File Day File K:\LlJTC\2004\2004 Home Free LlJTc.doc MEETING DATE: March 2, 2004 ITEM# Jt (f) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Planning Commission and Long Range Planning Work Program ."""--,-"--,------,-,---,--",---,,,-.-,,,-,------,-.,,-""-""'."""-"'-..-"""-'-----"'---'-.-'----""""""'"..--.--..---...--..-...--.-.-.-...-.--.-...--.....-.---"'-"'--'--"'-.---.-.'----.----...-..-"'- --'-. CATEGORY: BUDGET IMPACT: [8] 0 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ..-....-..-.........--..-.-...--.-.........--.-......'..'---,-"-",."------",,,,,"'-"-.-"'-""""""'-'-""'--------.--",-,.,."""",-"".-.-"""'--""."""'-""".-'-'-......-........---.......--....---........- ---.---..---..........-.--..-.."-""'--..--'--...-.----...'."'---....-...'.'. ATTACHMENTS: 1) February 24,2004, Memorandum to the City Council; 2) Exhibit A - January 22,2004, Memorandum to the Land Use/Transportation Committee (LUTe); 3) Exhibit B - February 2,2004, LUTC Minutes; 4) Exhibit C - February 17,2004, Follow-up Memorandum to the LUTC; 5) Exhibit D - February 17,2004, LUTC Minutes; 6) Exhibit E - January 27,2004 Memorandum from J AND K Productions; 7) Exhibit F - February 3, 2004, Memorandum from Finance Director Iwen Wang. """'...-.. ""'----.""-""...""- --'---'--"""'-'--"-"-""'.""-'------""'."""""'.......""--'" --.-...-.---........----.....-....-..............--.........""""'---"-""""""""-"-'-'--.-"-"---'......."""""-" "",-,---.",--,-"",,,,"""'-"'-"'-""-"'." ..-......-.--...--.....--.-. ...... """"'-'-"""""-""'-""...-....""" SUMMARYIBACKGROUND: At the beginning of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The 2004 Planning Commission and Long Range Planning Work Program was presented to the LUTC on February 2,2004. At that meeting, the LUTC made a motion to recommend approval to the City Council ofthe work program as described in Section II of the February 17,2004, memorandum. In addition, the LUTC asked staff to follow up on certain questions. At the February 17, 2004, LUTC meeting, staff presented a response to these questions in a written memorandum. The LUTC made no changes to their original recommendation of February 2,2004. The LUTC's recommendation on the 2004 Planning Commission and Long Range Work Program is described in the February 24,2003, Memorandum to the City Council. -""'-""'-"'-"-'--"-'--'--"""'-"""'-..""""-""..--....-............-.-.....................-.......... """""-""",,-""-"'-"""......-.-"""""""'-'""'----"."'-"""""""""--.""""'......-..-..."""'-"'-"-""-""' -'-""""-""""-"'-"'.-.....'"-'--""'-"'-""""-""'....... .............-.-..-....--.....--- CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed work program during public meetings on February 2 and February 17,2004, and recommended approval of the work program to the City Council as described in the February 24, 2004, Memorandum. --....-....-.--.-.......-..-........-....... """'-..-....-'-'....-.....""""....-..""""""'-......."""-"""-""""""-""...... ",,"'-"""--""""-'-""""'--"-'-""""".......... """"""""""'--'-'....-......' """""""""""""-"""..--"""..--...."."--"'""""'-"'-'-'-""""""""-"""...........""""-.........-...... PROPOSED MOTION: "I move approval of the LUTC's recommendation to approve the 2004 Planning Commission and Long Range Planning Work Program." ... ","""-""'-"'-"""""'--""""-""'-"'-'-"'-"--- -.......-........-.... .--""'--..-..-.- -'--""""""'-""""-""'-"""........... ""'-""""""""-"""'........"-"""""""- ...-...... '..........-........"',,-, -....... .........-....................-.......-.........-.--....... CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) '.................-"'....-.-........"""'-"'-""..".""""-"'-'-""-'.--'-'-""""""""""'-'-""'" COUNCIL ACTION: 0 0 0 0 APPROVED DENIED T ABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST READING ENACTMENT READING ORDINANCE # RESOLUTION # 1:\2004 Planning Commission Work Program\030204 Agenda BiII.DOC/02/24/2004 3:42 PM ~ CITY OF'" -~ Federal Way MEMO RAND UM February 24, 2004 To: Members of the City Council VIA: David Moseley, City Manager Kathy McClung, Community Development Services Direc~~ Margaret H. Clark, AICP, Senior Planner ~ FROM: SUBJECT: 2004 Planning Commission and Long Range Planning Work Program MEETING DATE: March 2, 2004 I. BACKGROUND The 2004 Planning Commission and Long Range Planning Work Program was presented to the LUTC on February 2, 2004 (Exhibit A). At that meeting, the LUTC made a motion to recommend approval to the City Council of the work program as described in Section II of this memorandum (Exhibit B -February 2,2004, Meeting Minutes). In addition, the LUTC asked staff to follow up on certain questions. At the February 17, 2004, LUTC meeting, staff presented a response to these questions in a written memorandum (Exhibit C). Both the staff response and additional comments from the LUTC are presented in Section III of this memorandum. The LUTC made no changes to their original recommendation on February 2, 2004 (Exhibit D). ll. LAND UsEffRANSPORTATION COMMITTEE RECOMMENDATION ON THE 2004 PLANNING COMMISSION AND LONG RANGE PLANNING WORK PROGRAM The following work program is organized by carry-over items, items required by state law, and new work items. A. Carry-Over Items 1. 2003 Comprehensive Plan Amendments - The selection process is completed. One site- specific request, Quadrant's request to remove the northerly extension of Weyerhaeuser Way South, will be considered further. B. 2. Potential Annexation Study- The draft subarea plan and fiscal analysis have been completed. They will be reviewed concurrently with the 2003 Comprehensive Plan amendments, which are anticipated to be completed in July 2004. 3. Traffic Impact Fee and Concurrency Management System - This study is anticipated to be completed by December 2004. 4. Amendments Relating to Development Regulationsfor Multiple Family Development in the City Center Core and City Center Frame - This work will be included in the SEP A Planned Action EIS. Required by State Law 1. 2004 Comprehensive Plan Amendments - The City has received one new site-specific request for a change in comprehensive plan designation and zoning.! Staff will also be amending Chapter 5, "Housing," to incorporate Census 2000 data and other demographic changes. 2. 2004 Development Regulations Update - The City has received two requests for a change to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs." One is to allow daycares to advertise year-round that they have child care spaces available. The other is to amend the section relating to real estate signs to allow for directions to open houses.! 3. Amendments to FWCC Chapter 22, "Zoning," to Include a Wellhead Protection Plan in the Environmentally Sensitive Areas Chapter - The City has received a grant from the state to assist in its preparation. 4. Amendments to FWCC Chapter 18 "Environmental Protection" to Allow Adoption of SEP A Planned Action - These amendments are necessary to adopt a Planned Action SEP A for a portion ofthe City Center-Core in order to provide a streamlined environmental review process at the project stage. 5. Annual Report to the Office of Financial Management (OFM) - The City is required to provide building permit-related information every April to OFM, which then produces city population estimates as of April 1 of each year. 6. Benchmark Report - This is an annual data request made of all cities by King County to fulfill requirements of the Growth Management Act (GMA). 7. Buildable Lands Report - The City is required to provide King County with single-family, multifamily, commercial, and industrial development information, as well as the number of single-family lots platted (created) on a yearly basis. This process is intended to compare anticipated growth against actual development over time to determine whether there is enough suitable land to accommodate expected growth for the 20 year planning period, and whether urban densities are being achieved. I All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the Selection Process, Page 2 February 24, 2003 2004 Planning Commission and Long Range Work Program C. New Work Items 1. Amend FWCC Chapter 22, Article Xl to Add a New Freeway Commercial Zoning Classification - The proposal is to amend the City of Federal Way Comprehensive Plan (FWCP) and FWCC Chapter 22 to establish a new commercial zoning classification entitled Freeway Commercial that would apply to properties located adjacent to and visible from 1-5 or SR-18, and are easily accessible from the freeway interchanges. They will be reviewed concurrently with the 2003 FWCP amendments, which are anticipated to be completed in July 2004. 2. Amend FWCC Chapter 22, Article XVIIL "Signs," to Include Freeway Commercial Signs - This would allow businesses in commercial zones abutting and visible from the freeway to be eligible for an additional pole sign. 3. Amend FWCC Chapter 22, Article XVIIL "Signs," to Provide for Commercial Advertising Signs for Athletic Fields - This would allow sponsors of events to advertise by placing banners on the interior of a fence facing the field. 4. Amend FWCC Chapter 18, Article III to Add Flexibility in Measuring the Shoreline Stringline Setback - The existing method of measuring the setback from the shoreline is based on drawing a straight line between the points on the primary buildings having the greatest projection (including appurtenant structures such as decks) waterward on the two adjacent properties. This causes a hardship on a property if one of the adjacent properties has a greater than normal setback. 5. Research Allowable Uses in the Neighborhood Business Zone to Meet Changing Market Condition - Money to conduct this study was included in the 2003 budget. 6. Amend the FWCC to Require Applicants to Hold Traffic-Related Neighborhood Meetings, When Necessary - Under some circumstances, the City may require a developer/applicant to meet with the neighborhood to discuss ways to mitigate traffic impacts, such as installation of traffic calming devices. Presently, there is no code basis to require this. III. ITEMS TO RESEARCH AND FOLLOW-UP ON A. Amendments to Setback Requirements in the City Center-Core, City Center-Frame, and Neighborhood Business Zones - These amendments would modify the requirement for setbacks in the various zoning districts to reflect urban design standards and character of the specific district. Question: The LUTC asked staff to research how much time this code amendment would take. Staff Response: This code amendment should take about 80 hours of stafftime spread over a three to four month period. This assumes that there is no controversy and no additional public meetings are required. LUTC's Recommendation: The LUTC made a motion not to add any additional items to the 2004 Planning Commission and Long Range Work Program at this time. At a future date, as staff completes work items, new work items could be presented to the LUTC and City Council for inclusion in the work program. 2004 Planning Commission and Long Range Work Program Page 3 February 24, 2003 EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F B. Amendments to FWCC Chapter 22, Article XVIII, "Signs," to Allow Searchlights for Special Sales - Question: The LUTC asked staff to research whether the City was receiving any sales tax from these events and whether the use of searchlights would conflict with FAA regulations. Staff Response: The City has not been receiving any sales taxes from the auto sales being conducted at the SeaTac Mall (please see the attached inquiry from J and K Productions [Exhibit E] and memorandum from Finance Director Iwen Wang [Exhibit F]). The mall site is merely a "show room" and sales are usually finalized at the dealership itself; where the customers complete the paperwork, pick up the keys, and drive the car away. The city in which the sales are finalized receives the sales taxes. The event producer is interested in working with local dealerships; however, nothing has materialized as yet. The FAA does not have any prohibition against the use of searchlights. LUTC's Recommendation: The LUTC discussed that the off-site sales being held at the mall may be competing with local car dealerships. However, the off-site sales promote additional shopping trips to the mall. The Committee did not change their original recommendation of February 2, 2004, but referred the issue of off-site vehicle sales to the FinanceÆconomic DevelopmentlRegional Affairs Committee (FEDRAC) to determine ifthere was a way that the City could benefit from off-site automobile sales being conducted in Federal Way. January 22, 2004, Memorandum to the Land Use/Transportation Committee February 2,2004, Land Use/Transportation Committee Minutes February 17, 2004, Follow-up Memorandum to the Land Use/Transportation Committee February 17, 2004, Land Use/Transportation Committee Minutes January 27, 2004 Memorandum from J AND K Productions February 3,2004, Memorandum from Finance Director Iwen Wang 1:\2004 Planning Commission Work Program\030204 Planning Commission Work Program to CC.doc/02/24/2004 1 :57 PM 2004 Planning Commission and Long Range Work Program Page 4 February 24, 2003 ~ CITY OF ~ Federal Way MEMORANDUM eXHIBIT__A PAGE--LOF J January 22, 2004 To: Jack Dovey, Chair Land Use/Transportation Committee (LUTe) David Moseley, City Manag& Kathy McClung, Community Development Services Directoré¥f ~ ~ Margaret H. Clark, AICP, Senior Planner ~ VIA: FROM: SUBJECT: 2004 Planning Commission and Long Range Planning Work Program MEETING DATE: February 2,2004 1. BACKGROUND At the beginning of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The purpose of this memorandum is to assist the LUTC and City Council in approving a work program. We have, therefore, provided you with the status of those items approved as part of previous years work programs that are still in process and would carry over into the 2004 Planning Commission Work Program. In addition, we would like to make you aware of those amendments required to be completed based on state law requirements. Lastly we are asking you to prioritize new potential 2004 work program items for the Planning Commission. For background purposes only, we are also including a list of the reporting and monitoring that City staff completes for King County and the state on an annual basis. II. 2003 PLANNING COMMISSION WORK PROGRAM - ITEMS TO BE CARRIED OVER INTO 2004 Table I shows amendments that were started in 2003, but that are not yet completed. Description Status Required by State Law 2003 Comprehensive Plan Update In September 2002, the City received six RCW 36.70A.130(1) requires new site-specific requests for changes to the comprehensive plan to be comprehensive plan designation and updated annually. zoning. Selection process is completed. One site-specific request, Quadrant's request to remove the northerly extension ofWeyerhaeuser Way South will be considered further. TABLE I EXHIBIT- A PAGE~ 'Jt=J Description Status Required by State Law Phase II Potential Annexation Study The draft sub-area plan and fiscal analysis RCW 36.70A.130(3) requires have been completed. A new Freeway jurisdictions to review their Commercial zoning district is in the process urban growth areas, including of being prepared. They will be reviewed densities and make changes, if concurrently with the 2003 Comprehensive needed, at least every 10 Plan amendments, which are anticipated to years. be completed in July 2004, Traffic Impact Fee and Concurrency This study is anticipated to be completed RCW 36.70A,070(6)(b) Management System by December 2004. requires jurisdictions to adopt an ordinance for transportation concurrency, Amendment relating to large retail The Planning Commission held a public No establishments in City Center Core and hearing. Staff has met with affected Frame. property owners. This issue has been put on hold until the Council reviews a menu of options to facilitate the downtown vision. Amendments relating to development Work is at the concept level for inclusion in No regulations for multiple family the SEP A Planned Action EIS, development in the City Center Core and City Center Frame. These amendments are intended to encourage the construction of multiple family mixed use development by making changes to the development regulations, such as allowing increased height and density and revising or removing the requirement for provision of public open space. III. AMENDMENTS REQUIRED BY STATE LAW TABLE II Description Status Required by State Law Amendments to FWCC Chapter 22, Not started. WAC 173-100-120 requires local governments "Zoning," to include a Wellhead to adopt or amend regulations to implement Protection Plan in the environmentally wellhead protection programs required by the sensitive areas chapter. Federal Safe Drinking Water Act. Amendments to FWCC Chapter 18 Not started. Yes. Local regulations should be consistent "Environmental Protection" to allow with state law. adoption of SEP A Planned Action provisions for a portion of the City Center Core in order to provide a streamlined environmental review process at the project stage. I IThe SEPA Planned Action was a two-part study consisting first ofa market study (completed) to detennine the feasibility of conducting a SEP A Planned Action for the City Center Core and Frame and then preparation of a Planned Action SEP A and Environmental Impact Statement (in process). 2004 Planning Commission and Long Range Planning Work Program Page 2 E:)(tilE31lr-- -~ P AGE3' ~) F -5 Description Status Required by State Law 2004 Comprehensive Plan Update. The Not started Yes, RCW 36,7OA.130 requires that cities City has received one new site-specific update their comprehensive plan on an annual request for a change in comprehensive basis. plan designation and zoning? Staff will also be amending Chapter 5, "Housing," to incorporate Census 2000 data and other demographic changes. 2004 Development Regulations Not started Yes. RCW 36. 70A,130 requires that cities Update. The City has received two consider amendments to their development requests for a change to FWCC Chapter regulations from interested parties on at least an 22, Article XVIII, "Signs," One is to annual basis. allow day cares to advertise year-round that they have child care spaces available, The other is to amend the section relating to Real Estate signs to allow for direction to Open Houses? IV. POTENTIAL NEW WORK ITEMS FOR THE 2003 PLANNING COMMISSION WORK PROGRAM Table III shows potential new work items for the 2004 Planning Commission Work Program. Carry- over items from previous years that have not yet been started are also included, These items are shown with an asterisk. Staff has organized these items by High, Medium, and Low Priority. T ABLE III Description Initiated by Required by State Law High Priority Amend FWCC Chapter 22, Article XI to add a new Staff No Freeway Commercial Zoning District Amend FWCC Chapter 22, Article XVIII, "Signs," to Citizen No include freeway commercial signs Amend FWCC Chapter 22, Article XVlII, "Signs," to Staff No provide for commercial advertising signs for athletic fields. Amend FWCC Chapter 18, Article 1II to add flexibility Staff No in measuring the Shoreline Stringline setback. Research allowable uses in the Neighborhood Business Staff/Council Members No Zone to meet changing market conditions.3 Medium Priority * Amend FWCC Chapter 22 to require design standards Staff No and development requirements for essential public facilities, This is an omission in the current code. 2 All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the Selection Process. 3 Money to conduct this study was included in the 2003 budget. 2004 Planning Commission and Long Range Planning Work Program Page 3 EXHIBIT- ~ PAGE~~J'E $ Description Initiated by Required by State Law * Amend the setback requirements in the City Center Staff/Council Member No Core, City Center Frame and Neighborhood Business Zones, These amendments would modify the requirement for setbacks in the various zoning districts to reflect urban design standards and character of the specific district. Amend FWCC Chapter 22, Article XIX, "Community Staff/Council Member No Design Guidelines," to regulate oversized detached accessory buildings in residential zoning districts. Also research limiting the size of accessory buildings. Amend FWCC Chapter 22, Section 22- I 658, Council Member No "Significant Trees," pertaining to the percentage of significant trees allowed to be removed. Also research whether existing penalties for cutting significant trees without a pe.rmit is adequate. Low Priority Research allowable uses in the Business Park Zone to Council Members No meet changing market conditions,4 * Amend the FWCC to require applicants to hold Staff No traffic-related neighborhood meetings, when necessary to mitigate traffic impacts. Explore innovative options for locating small homes on Council Member No small lots. Revisit existing appeal processes for the Use Processes. Staff No v. OHlER LONG RANGE PLANNING RESPONSIBILITIES Table IV shows reporting or monitoring work that is required by King County or the State of Washington to be done on an annual basis. TABLE IV Description Status Required by State Law ANNUAL REPORTS Office of Financial This is an annual report provided to the State RCW 43.62,030 requires OFM to Management Yearly Office of Financial Management (OFM) annually determine the population of Population Estimate Report all cities and towns of the State of Washington as of April I st. King County Benchmark This is an annual data request made of all cities RCW 36.70A.130 required and Annual Growth by King County to fulfill requirements of the Countywide Planning Policies Information Report Growth Management Act (GMA) (CWPP's) to be adopted by King County by July 1,1992. The Cpp's set up the Benchmark Program to assess progress in meeting the CPP's. 4 Money to conduct this study was included in the 2004 budget. In 2003, amendments were made to the Business Park zone that added flexibility for offices, making the need for further amendments a relatively lower priority than other amendments. 2004 Planning Commission and Long Range Planning Work Program Page 4 EXHIBIT -- PAGE-' _.9 '1~$ Description Status Required by State Law ANNUAL REPORTS Track and Inventory Under the Buildable Lands Program, six RCW 36.70A,2l5 requires evaluation Buildable Lands counties, including King County, must of data collected under the "Buildable annually collect data on land capacity and Lands Program." development activity trom their cities and unincorporated areas VI. STAFF RECOMMENDATION Based on past experience, planning staff's time is expected to be spent on the annual comprehensive plan update process, completing those long range tasks required by state law (please refer to Tables II and IV of this memorandum), and working with the consultant on code amendments. The Long Range Planning staff is comprised of 1.5 FTE's in addition to some consulting assistance. Given these resources, staff recommends that the following items be added to the Planning Commission's Work Program. This is in addition to the carry-over items from previous years (Table I) and those amendments required by state law (Tables II). I. Amend FWCC Chapter 22, Article XI to add a new Freeway Commercial Zoning District. 2. Amend FWCC Chapter 22, Article XVIII, "Signs," to include freeway commercial signs. 3. Amend FWCC Chapter 22, Article XVIII, "Signs," to provide for commercial advertising signs for athletic fields. 4. Amend FWCC Chapter 18, Article III to add flexibility in measuring the Shoreline Stringline setback. 5. Research allowable uses in the Neighborhood Business Zone to meet changing market conditions. #!;./ 2) t-{) 5;") 1, ~ c¡) / OJ II) I)..} ¡ f' VII. REQUEST FOR RECOMMENDATION Staff is requesting the LUTC to choose from the following options: I. Recommend adoption to the City Council of the 2004 Planning Commission Work program as recommended by staff. 2. Recommend adoption to the City Council of the 2004 Planning Commission Work program as modified this evening. ROYAL OF COMMlITE~~~~ . ' ~ Enc~wn ~4M..'. h'~¡ . . //J . lC ae . 1:\2004 Planning Commission Work Program\O 1 2204 Planning Commission Work Program.doclOI122/20045:26 PM 2004 Planning Commission and Long Range Planning Work Program Page 5 City of Federal Way City Council Land UselTransportation Committee 8 PAGE_t. ~)I= February 2, 2004 5:30 p,m. City Hall Council Chambers MEETING MINUTES In attendance: Committee members Jack Dovey, Chair, and Council Members Eric Faison and Michael Park; Mayor Dean McColgan; Deputy Mayor Linda Kochmar ; Council Member Jim Ferrell; City Manager David Mosely; Director of Community Development Services Kathy McClung; Director of Public Works Cary Roe; Deputy City Attorney Karen Kirkpatrick; Deputy Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; Senior Planner Margaret Clark; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Dovey called the meeting to order at 5:31 pm, 2, APPROVAL OF MEETING MINUTES The summary of the January 12, 2004, meeting was approved as presented. 3, PUBLIC COMMENT There was no public comment on any item not previously listed in the agenda. 4. BUSINESS ITEMS A. 8th Avenue South at South 312'h Street Signallmprovement Project Final Acceptance and Authorization to Release Retainage - Prior to release of retainage funds on any Public Works construction project, the project must be accepted as complete per Departments of Revenue and labor and Industries requirements. The 8th Avenue South at South 312 Traffic Signal Improvement Project was approved as complete at $23,144.50 below the approved construction contract budget of $254,589,50, The Committee recommended approval to the City Council at its February 17, 2004, meeting. B. Grant Funding For Transportation Improvement Projects - Staff explained that grant matching funds, upfront, weigh heavily in receiving highway construction grant money. The following was the status of grant applications submitted in 2003 and the required match: . Pacific Highway South HOV Phase III (South 284th to Dash Point Road), the design, right of way, and construction phases, received $615,691 from the 2002 County wide TEA21 (Federal) and a matching amount of $83,118 The 2005 Transportation Partnership Program (State) awarded $4,645,100 to the Pacific Highway South HOV Phase III project and a matching amount of $2,607,018 . The Committee m/s/c recommendation of approval to the City Council at its February 17, 2004, meeting of the above grant monies. No grant funding was awarded by the 2005 Transportation Partnership Program for the South 356th Street Construction Project (First Avenue South to Pacific Highway South). C. 2004 Litter Removal Contract Award - Since 1993, Vadis has provided a crew of five developmentally disabled individuals, a supervisor, and a transport vehicle to collect litter from roads and City facilities throughout Federal Way. Vadis also performs a variety of other low-skilled operations at great savings to the City. The contractor's annual compensation level of $49,217 was unchanged from 2002 and 2003 contract levels. Funding for this service comes primarily from the Solid Waste and Recycling budget with additional funding received from Surface Water Management. The Committee m/s/c recommendation of K\LUTC Agendas and Summaries 2004\February 2.2004. LUTC MlOutesdoc " approval of a new contract in the amount of $49,217 and authorized the City Manager to execute the contract. The City Council will review the contract at its February 17, 2004, meeting, D. Planning Commission work Program 2004 - At the beginning of each calendar year, the City Council approves the Planning Commission's work program for that year. This year, there are work program items left over from 2003 to be carried into 2004. There are items required by State Law. There are listed items of potential new work items for the 2004 Planning Commission Work Program as well as other Long Range Planning reporting or monitoring work required annually by King County or the State of Washington. In all, there were twenty-two items, one of which was relative to a letter received from J and K Productions regarding the use of a searchlight for off-site auto sales. The Committee discussed the items and chose twelve of the twenty-two: numbers 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 18 from a worksheet prepared by staff. Prior to making a final decision, however, the Committee requested that staff research further the claims made in the letter from J and K Productions regarding sales tax contributions to the City as a result of increased sales generated by the use of a searchlight. 5. FUTURE MEETINGS The next scheduled meeting will be February 17, 2004, due to the President's Day holiday which falls on the regularly scheduled meeting night of February 16. 6. ADJOURN The meeting adjourned at 6:55 p,m. E:XHIBIT- 8 PAGE-'- :JF-Z K\LUTC Agendas and Summaries 2004\February 2, 2004. LUTC Minutes doc ~ CITY OF ~ Federal Way EXHIBIT_- C PAGEJ~)F: 3 MEMORANDUM Þ- February 17, 2004 To: Jack Dovey, Chair Land Use/Transportation Committee (LUTC VIA: David Moseley, City Manager FROM: Kathy McClung, Community Development Services Director Margaret H. Clark, AICP, Senior Planner SUBJECT: Follow-up to 2004 Planning Commission and Long Range Planning Work Program , , MEETING DATE: February 17,2004 I. BACKGROUND The 2004 Planning Commission and Long Range Planning Work Program was presented to the LUTC on February 2, 2004. At that meeting, the LUTC made a motion to recommend approval to the City Council of the work program as described in Section II of this memorandum. In addition, the LUTC asked staff to follow up on those items in Section III. II. LAND USErrRANSPORT A TION COMMITTEE RECOMMENDA nON ON THE 2004 PLANNING COMMISSION AND LONG RANGE PLANNING WORK PROGRAM The following work program is organized by carry-over items, items required by state law, and new work items, A. Carry-Over Items 1. 2003 Comprehensive Plan Amendments - The selection process is completed. One site- specific request, Quadrant's request to remove the northerly extension of Weyerhaeuser Way South, will be considered further. 2. Potential Annexation Study - The draft subarea plan and fiscal analysis have been completed. They will be reviewed concurrently with the 2003 Comprehensive Plan amendments, which are anticipated to be completed in July 2004. B. c. EXHIBIT- C PAGE_2,)1=" , 3. Traffic Impact Fee and Concurrency Management System -- This study is anticipated to be completed by December 2004. 4. Amendments Relating to Development Regulations for Multiple Family development in the City Center Core and CityCenter Frame -This work will be included in the SEP A Planned Action EIS. Required by State Law 1. 2004 Comprehensive Plan Amendments - The City has received one new site-specific request for a change in comprehensive plan designation and zoning.\ Staff will also be amending Chapter 5, "Housing," to incorporate Census 2000 data and other demographic changes. 2. 2004 Development Regulations Update - The City has received two requests for a change to FWCC Chapter 22, Article XVIII, "Signs." One is to allow day cares to advertise year- round that they have child care spaces available. The other is to amend the section relating to real estate signs to allow for direction to open houses. \ 3. Amendments to FWCC Chapter 22, "Zoning." to Include a Wellhead Protection Plan in the Environmentally Sensitive Areas Chapter - The City has received a grant from the state to assist in its preparation. 4. Amendments to FWCC Chapter 18 "Environmental Protection" to Allow Adoption of SEP A Planned Action - These amendments are necessary to adopt a Planned Action SEP A for a portion of the City Center-Core in order to provide a streamlined environmental review process at the project stage. 5. Annual Report to the Office of Financial Management (OFM) - The City is required to provide building penn it-related infonnation every April to OFM, which then produces City population estimates as of April 1 of each year. 6. . Benchmark Report - This is an annual data request made of all cities by King County to fulfill requirements of the Growth Management Act (GMA), 7. Buildable Lands Report - The City is required to provide King County with single family, multifamily, commercial, and industrial development infonnation, as well as number of single family lots platted (created) on a yearly basis. This process is intended to compare anticipated growth against actual development over time to detennine whether there is enough suitable land to accommodate expected growth for the 20 year planning period, and whether urban densities are being achieved. New Work Items 1, Amend FWCC Chapter 22, Article Xl to Add a New Freeway Commercial Zoning Classification - The proposal is to amend the City of Federal Way Comprehensive Plan (FWCP) and Federal Way City Code (FWCC) Chapter 22 to establish a new commercial zoning classification entitled Freeway Commercial that would apply to properties located I All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the Selection Process. 2003 Planning Commission and Long Range Work Program Page 2 February6,2003 EXHIBIT..-- PAGE.' c. .,- ~ :. -r- .' .-. adjacent to and visible from 1-5 or SR-18, and are easily accessible from the freeway interchanges. They will be reviewed concurrently with the 2003 Comprehensive Plan amendments, which are anticipated to be completed in July 2004. 2. Amend FWCC Chapter 22, Article XVI/L "Signs," to Include Freeway Commercial Signs - This would allow businesses in commercial zones abutting and visible from the freeway to be eligible for an additional pole sign. ... 3. Amend FWCC Chapter 22, Article XVIII, "Signs," to Provide for Commercial Advertising Signs for Athletic Fields - This would allow sponsors of events to advertise by placing banners on the interior of a fence facing the field. 4. Amend FWCC Chapter 18, Article III to Add Flexibility in Measuring the Shoreline Stringline Setback - The existing method of measuring the setback from the shoreline is based on drawing a straight line between the points on the primary buildings having the greatest projection (including appurtenant structures such as decks) waterward on the two adjacent properties. This causes a hardship on a property if one of the adjacent properties has a greater than nonnal setback. 5. Research Allowable Uses in the Neighborhood Business Zone to Meet Changing Market Condition - Money to conduct this study was included in the 2003 budget. 6. Amend the City Code to Require Applicants to Hold Traffic-Related Neighborhood Meetings, When Necessary - Under some circumstances, the City may require a developer/ applicant to meet with the neighborhood to discuss ways to mitigate traffic impacts, such as installation of traffic calming devices. Presently, there is no code basis to require this. III. ITEMS TO RESEARCH AND FOLLOW-UP ON 1. 2. Amendments to Setback Requirements in the City Center-Core, City Center-Frame, and Neighborhood Business Zones - These amendments would modify the requirement for setbacks in the various zoning districts to reflect urban design standards and character of the specific district. Question: The LUTC asked staff to research how much time this code amendment would take. Response: This code amendment should take about 80 hours of staff time spread over a three to four month period, This assumes that there is no controversy and no additional public meetings are required. Amendments to FWCC Chapter 22, Article XVIII, "Signs," to Allow Searchlights for Special Sales- Question: The LUTC asked staff to research whether the City was receiving any sales tax from these events and whether there would be any conflict with FAA regulations. Response: The City has not been receiving any sales taxes from the auto sales being conducted at the SeaTac Mall (Please see attached memorandum from Finance Director, Iwen Wang). The event producer is interested in working with local dealerships; however, nothing has materialized as yet. The FAA does not have any prohibition against the use of searchlights. 1:\2004 Planning Commission Work Program\02l704 Planning Commission Work Program to CC.doc/02/l7/20043:49 PM Page 3 February 6, 2003 2003 Planning Commission and Long Range Work Program City of Federal Way City Council land UselTransportation Committee February 17, 2004 5:30 p.m. City Hall Council Chambers MEETING MINUTES In attendance: Committee members Jack Dovey, Chair, and Council Members Eric Faison and Michael Park; Mayor Dean McColgan; Deputy Mayor Linda Kochmar ; Council Member Jim Ferrell; City Manager David Mosely; Director of Community Development Services Kathy McClung; Director of Public Works Cary Roe; Deputy City Attorney Karen Kirkpatrick; Deputy Director of Community Development Services Greg Fewins; Deputy Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; Development Services Manager Jim Femling; Surface Water Manager Paul Bucich; Senior Planners Margaret Clark and Lori Michaelson; Development Services Engineer Kevin Peterson; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Dovey called the meeting to order at 5:30 pm. 2. APPROVAL OF MEETING MINUTES The summary of the February 2,2004, meeting was approved as presented, 3. PUBLIC COMMENT There was no public comment on any item not previously listed in the agenda. 4. BUSINESS ITEMS A. 2004 Landscaping Maintenance Contract Award - Four bids were received and opened for the 2004 Right of Way Landscape Maintenance Contract. The lowest, from Tru-Green Land Care for $90,667.37, was so low the Committee questioned how they could do the job so economically when the other contractors bid so much more, As it turns out, the maintenance costs for the SR99 Phase II project were not included as part of the bid specifications but they were accounted for in the budget. The bid for services for 2005 may be considerably larger following the completion of Phase II of the SR99 project. Tru-Green was considered to be a responsive, responsible, as well as the lowest, bidder. The Committee m/s/c recommendation to approve a contract with Tru-Green Land Care to the City Council at its March 2, 2004, meeting. B. West Hylebos Creek Restoration -100% Design Approval & Authorization to Bid - The West Hylebos Creek Restoration Project will restore approximately 3,300 feet of stream corridor between South 356th Street downstream to SR99 at the Spring Valley Montessori School. The scope of work is to stabilize large quantities of in-stream gravel and over-steep banks by planting native vegetation as well as to install in-stream salmonid habitat features. Total project costs are $908,195 with an available budget of $1,648,445. The Committee m/s/c recommendation to approve at the City Council's next meeting on March 2, 2004, to authorize a bid of the project, and to authorize the City Manager to execute a negotiated easement agreement with Donald Barovic for use of his land. C. Granville Place Final Plat - Granville Place is a subdivision of seven single-family lots on 2.09 acres located at the terminus of SW 346th Place, south of SW 3244th Street. Preliminary plat approval was granted for the residential subdivision by the City Council on May 20, 1997. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements have been constructed and all applicable maintenance bonds are secured. The Committee m/s/c a do approve recommendation to the City Council at its March 2, 2004, meeting. K:\LUTC Agendas and Summanes 2004\February 17. 2004, LUTC Mlnutes.doc EXHIBIT P AGE. I :) ,: ._.~ 0.2004 Home Free Guarantee Contract with King County Metro -Washington State's Commute Trip Reduction (CTR) Law, adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act, requires that all major employers, both public and private employing 100 or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. and 9:00 a,m" develop and implement a Commute Trip Reduction Plan, The purpose of the Home Free Guarantee program is to provide employees participating in car or van pools with a free taxi ride home in case of either an emergency or a need to work late unexpectedly. The current Home Free Guarantee contract with King County Metro has expired. Since it is an essential element of the overall CTR program, renewal is desirable. Based on 150 full time employees at the new City Hall, the 2004 Home Free Guarantee program contract would cost $150, The Committee m/s/c a do authorize recommendation to the City Council at its March 2, 2004, meeting for the City Manager to execute a 2004 Home Free Guarantee contract with King County Metro in the amount of $150 funded by the Traffic Division. E. Follow-up on Planning Commission Work Program - At the February 2, 2004, Land Use Transportation Committee meeting, the 2004 Planning Commission Work Program was approved, However, the LUTC had requested staff to follow up on two questions. One was whether the City was receiving any sales taxes from the off-site automobile sales conducted at SeaTac Mall (The Commons at Federal Way) and whether the Federal Aviation Administration (FAA) had any restrictions on the use of searchlights. The second question was how much staff time would be required to prepare a code amendment relating to modifying setbacks in the City Center Core, City Center Frame and Neighborhood Business Districts. To the first question, staff reported that the City was receiving no sales taxes. The Mall site is merely a "show room" and sales taxes are generated to the community in which keys to a purchased vehicle are actually transferred to the new owner. That key transfer usually takes place elsewhere. Most of the off-site sales that have been held at the mall are competing with sales of City dealers. However, the off-site sales promote additional shopping trips to the Mall. The Committee did not change their original recommendation of February 2, 2004, and referred the issue of off-site vehicle sales to the FEDRAC Committee. On the second question, the Committee decided not to add any additional items to the work program, but to bring back items to LUTC for addition to the work program as other work was completed by staff. 5. FUTURE MEETINGS The next scheduled meeting will be March 1, 2004. 6, ADJOURN The meeting adjourned at 6:10 p,m. EXHIBIT 1> PAGE.-"'~~ K.\LUTC Agendas and Summaries 2004\February 17.2004. LUTC Minutes doc -;;;--r;_L.1'-'--------~~------- - -- ---- - '.r JANDK PRODUCTIONS 7909 196TH ST. E. SAPANWAY, WA 98387 253.219.9328 FACSIMILE TRANSMITTAL SHEET TO: FROM: Kathy McClung COM1'^NY: J andK. Productions D^ï'F.: City Of Fcderal Way FAX NUMBER: January 27, 2004 ,"O'[,AL NO. OF 1'^GI'.~ INCLUDING COVER: 253.661.4129 2 PHONE NUM1\ER: 253.6614000 SENIWR'S REFERENCE NUMIlF.R: RF.: cc: Search Light PlanIÙng CotnnÙssion 0 lJR(~ENT X FOR REVIEW 0 PLEASE COMMENT X PLEASH REPLY 0 l'LEASE RECYCLE To whom it 1"nay concern: Economic impact I Tax revenue to Ci\y Of Federal Way: My company runs 'off-site' and 'on-site' auto sales. It is our goal to have an immense positive impact on the local economy by way of high impact advertising in partnership with local business. When we say partnership we actually include local business such as restaurants, beauty saloons, etc., into our advertising in the form of sponsorship and or coulxms for their business. For the next auto sale, J expect to sell 125-175 ears (Feb.20-29th) and the following sale (March 19-28th) , Of the 125-175 about half of the cars sold would be from the city of Federal Way at the tax percentage of 8.8% of which I imagine the city gets about 1.5% of said taxœvenuc. So, at 7S cars sold at the average price of$18,000 (our auto shows average price) that equates to $20,250 just off our car sale that goes directly to the city for each sale. for a total of $40,500 paid to the City Of Federal Way. However, the range of numbers and success of sale has A LOT to do with the spot light being there or not. As someone who talks to customers to find out wlut brought them to the. sale; when I do have a search light the response to the question is overwhelming that the spotlight brought them. to the site. Complaints: Since our sales tie in directly to benefit 50 many local companie.'ì it is higlùy unlikely to receive busÏness- associated complaints. Even if a local business is not mentioned in the advertising, the spot light brings in people from out of the arc and also gets local people. out of their homes to see what the. spot light is for, which brings people out to spend money. 111e location of the sale is not in the immediate vicinity of a residential acea and will not be shining in anyone's home. I hope that thcte can be something worked out to ell,'lblc us to obtain a search light permit which your neighboring cities of Fife, Auburn, and Puyallup allow for $50-$100, EXH1B'T- PAGE I e 'Z. --!-:-~ Companies involved who have a vested interest in sales success: * Melody Music based out of Federal Way do our D.J. work. $1,500 per sale * Ram Security based out of Federal Way we pay $3,000 to for security guards * ScaTac mall $33,000 just be dlere * Federal Way Mirror for newspaper inserts * Pacific Coast Ford * Jet Chevrolet * Federal Way Auto Sales * Evergreen Sales & Lease - * AU local business that decide to sponsor the sale. It affects all above-mentioned business and persons whose livelihood rest upon a successful of sale. Please consider allowing my company to obtain a permit to operate a search light in your city as it has a h e effect on the success of our auto shows. -J 0 J &KPro<luctions 253.219.9328 '" --'----- - EXHIBIT. PAGE__- 2. '~t= ,;: 2. 2 '. Page 1 of 1 Margaret Clark - Sales tax from temporary auto sales at seatac mall From: To: Date: Subject: CC: ~ Iwen Wang councilhome 02/03/2004 12:48 PM Sales tax from temporary auto sales at seatac mall David Moseley; Kathy McClung; Pat Richardson --~,--~ ---~._~ --" ,- -'n'- I understand a question was raised at yesterday's LUTC regarding whether the City receives sales tax from those auto sales conducted at the SeaTac Mall parking lot. þ- Federal Way did not receive any sales tax from those auto sales generated from the SeaTac Mall parking lot. We had discussed this with OaR before, who advised us that sales tax goes to where customers complete paperwork, gickup the k§'~ and drive the car away (delivel}' QQinJ), not where the sales imitated or even negotiated. We also talked to the dealership (it was Auto Express of Auburn at the time), they confirmed that the cars in Federal Way are primarily for display purposes; customers are to go to their main office in Auburn to complete the paperwork and take delivery, therefore they have report these sales taxes to Auburn. As long as this is the way they conduct these promotional sales - basically using SeaTac Mall parking lot as their "show room" and not complete the transactions and deliver the cars from here - Federal Way is not entitled to the related sales taxes. I know J&K Productions is the event producer, they are not responsible for preparing the sales tax returns for these sales, therefore they may not fully aware of the state's tax rules; and they assumed Federal Way gets the taxes from these transactions. Their estimated tax benefit to Federal Way assumes the City gets 1.5% of the 8.8% sales tax, which is also inaccurate. As you all know, only 0.85% of the 8.8% sales tax comes to the City. Let me know if this answers your question, and please let me know if you have additional questions. Iwen (253) 661-4060 iwe nw@cityoff~~deralV{ay .çOrn EXHIBI1 f PAGE t JFJ file:/ /c :\Documents%20and%20Settings\default\Local%20Settings\ T emp\G W} 00002.H... 02/04/2004 MEETING DATE: March 2, 2004 ITEM# ..::lL- ß -""""""""""""'-"""""""""""" """""""""-"""""""-"""'-'-""'" """",,"""""""""""""""""""""""""-""""""""""""""""" "","""""""""""""""""""""""""'".................................-.......""""""""""........... ""',,-""""""'.........'" CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Community Development Block Grant (CDBG) Public Service 2- Year Funding Cycle CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ .....................-......... ...................................-....... """""""""""""""""""""'" """"""""""""'-"""""""""""""'..........' """""""......."""""""""-'-""""""""'-""'"............... """'-"""',,-""""-"..... """""""""""'-""""""""""""......... ATTACHMENTS: Memorandum to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated January 15, 2004 including: Comparison of Allocation Processes for South King County cities; Draft Calendar for Program Year 2005 Human Services General Fund and CDBG Allocation Process. """"""""""""""""""""""""""""""'""""""""""""""" .........-........................-............. """"""""".."-"""""""'---""""""""""""'". """""""""""""""""""""""""".....""""""-...............-..--......-....... SUMMARYIBACKGROUND: Community Development Block Grant (CDBG) Public Service funds have historically been allocated annually by Federal Way. Adoption of the proposed motion would change the CDBG Public Service allocation process to a two-year process beginning in 2005-06. This will align the CDBG Public Service allocations with the allocation of Human Services General Funds. CDBG Capital funds will continue to be allocated annually. """"""-".........."""""""""" ..................-.........-....... """""""""""""""""""'" CITY COUNCIL COMMITTEE RECOMMENDATION: The Committee moved to recommend that the CDBG Public Service allocation process be for two-years starting with the 2005/06 funding cycle. To be forwarded for Council consideration at the March 2, 2004, City Council meeting. """""""""""""""""""""'-"'-""""""""""""""................................... """"""""'-"""""""""""""""--"""""'-...........................' ..............-.....................--....................-........_-................ """""""""""""""'" """'-""""""""""""""""""""--"""""'-"-'"...........--............. PROPOSED MOTION: I move to have the CDBG Public Service allocation process be for two-years starting with the 2005/06 funding cycle. .......................................................................... """"""""""""""""""""""-"""""..........."""""""""""""""""""""""""""""""""""""""'-.........."""""-"""""""""""""""""",.... CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ..........--................-....... COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ~ CITY OF ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: January 15, 2004 - Human Services Commission-kO 9.--- Kelli O'Donnell, CDBG Cóprdinato~~ Consider CDBG Pubic Service 2-Year Funding Cycle In 2003, the Commission was briefed on the possibility of moving to a 2-year funding cycle for CDBG Public Service projects starting in 2005, The Commission indicated their concurrence with moving to a 2-year funding cycle in altern~te years to the Human Services General Fund cycle. Results of a survey from South King County cities are attached for your review. Staff would like to propose that the 2-year funding cycle be held in conjunction with the Human Services General Fund cycle starting with the 2005-06 process for the following reasons: . Agencies applying for bothCDBG and Human Services General Funds will be able to submit one application starting with the 2005 process. . . CDBG supplanting issues can be addressed as funding decisions are made for both fund sources. . . A year without an allocation process for public services will allow the Commission an off year to address other hull1an service projects or issues. . A funding minimum of $10,000 for CDBG public service programs will be implemented with the 2005 allocations. Consideration of CDBG and the Human Services General Fund at the same time allows some flexibility to making smaller awards in the general funds and funding larger programs with CDBG. Attached is a proposed funding calendar for the 2005 application process. Staff is proposing conducting both the Human Services General Fund and CDBG Public Service allocation processes at one time. The calendar will be reviewed at the evenings meeting for Commission input. . Proposed Motion: I move to recommend that the CDBG Public Service allocation process be for 2-years starting with the 2005/06 funding cycle. Commissioner Notes/Questions: Please contact me at (253) 661-4153 or kellio@fedway.org if you have any questions on the above recommendation. . L-L (' I V Est. Capital Est. 2005 2-Yr Est. 2005 GF 2.Yr Est.2005 .Open for CDBG Public Cycle Public Cycle CDBG Applications CItY Service ves/no Beginning Service yes/no Bealnnlng Capital In 2005 Notes on funding history Auburn $ 71,700 No NA $ 365,000 Unsure 2005/06 TBD TBD Auburn has an open application process but we have a history of funding the same 3-4 public service agencies for CDBG. For General Fund we have an open application process but since the increase in funding (if any) is minimal we only rarely fund new programs. We are in the process of revising and updating both our Consolidated Plan and our Human Services Plan. The process, procedures, etc., as well as funding priorities, may change significantly.. a very preliminary draft of the plan should be available for public review in early April. Burien $ 50,000 TBD. 2005/06 $ 70,000 Yes 2005/06 $ 200,000 Closed Burien is currently on a one year cycle for CDBG, but hopes to have Council approve a 2 year cycle for CDBG. Burien uses CDBG capital for internal city projects. For CDBG Burien typically funds the same 3 agencies without doing an application process. For General Fund, Burien is now on a 2 year application cycle, but typically end up funding the same agencies, Burien.does not have a Human Services Advisory Board. Typically Staff makes a recommendation for funding which is reviewed by a 3 member City Council Committee. The City Council Committee may make changes and then the full Council approves the final recommendation. Burien's funding process is held a later than some of the other cities, with applications not due until end of June. Covington $ 13,300 Yes 2006/07 $ 80,000 Yes 2005/06 $ 71,952 $ 35,976 Covington has always used Housing Repair Funds, however, the commission and Council is in favor of considering expanding part of that for Capital projects, I would guessimate half of Covington's CDBO Capital funds will be open for application. Covington has an open application process each year for public services. The results have favored keeping the traditional agencies, they have added a few new ones, not continued others, adjusted funding amounts. The Commission is very open to change, they want the best bang for their buck, so the performance measures carry a lot of weight. Des Moine Closed NA NA $ 76,000 Yes 2005/06 $171,000 $ 127.452 Des Moines allocates CDBG public service funds to the Des Moines Senior Center. The comparison assumes funding of $43,548 for housing repairs in 2005. Federal $ 119,000 TBD TBD $442,000 Yes 2005/06 $ 583,000 $ 463.000 Federal Way has an open application process each year. Performance measures, changing Way community needs, and available funding are considered during the allocation process, Federal Way commits a portion of capital funds to housing repair, The comparison assumes funding of$120,000 for housing repair in 2005, Kent $ 143,000 Yes 2005/06 $ 550,000 Yes 2005/06 $ 619,450 $ 259.450 Kent has an open application process every year however the Human Services Commission will be looking at zero based funding for 2005/06 which means that the currently funded agencies will not necessarily be refunded. The City of Kent strongly recommends agencies' particularly new agencies talk to staff before applying about their project and that they ask for technical assistance as incomplete applications are not considered for funding. Comparison of Allocation Processes u.r~ 01/23/2004 Est. Capital Est. 2005 2-Yr Est. 2005 GF 2.Yr Est.2005 Open for .CDBG Public Cycle Public Cycle CDBG Applicatlòns CItY Service yes/no Beginnina Service I ves/no Beolnnlna Capital in 2005 Notes on fundina history Renton $ 71,715 (see no 2006/2007 $ 259,000 Yes 2005/06 TBD TBD Renton has an open process every year. Performance measures, community needs, and available funding were conside.red. Many of the same agencies continued to receive funding with a few new programs added. Weare revisiting the whole funding process and priorities for the 2005 cycle, so there may be significant changes. *Re 2 year cycle--the Committee was polled and indicated a desire for a 2 year CDBO cycle-preferably alternating with the OF cycle but Council has not been asked to approve it yet. SeaTac $ 43,603 Yes 2005/06 $ 200,000 Yes 2005/06 $ 256,288 $ 181,288 SeaTac has traditionally funded the same àgencies if performance measures are met and the HS committee feels that the need in our city remains current. We hàve added agencies when OF or CDBO funding has increased. Also, some agencies dropped out of the application process along the way. The City and HS committee welcome new applications. Tukwila Closed No NA $ 305,000 Yes 2005/06 $ 197.500 $ 197,500 Tukwila has an open application process each cycle - even though we are likely to fund many agencies previously funded. We do consider performance strongly, and look .closely at gaps that we hàven't met with our previously funded programs. Tukwila will be taking concept papers from small, new organizations that are seeking $5,000 or less. Newly applying agencies are strongly encourages to talk with Staff prior to preparing an application. Non-profits seeking capital funds may be able to submit a concept paper format vs. a full application depending on circumstances, l .....L ~ 01/23/2004 City of Federal Way Program Year 2005 Human Services General Fund & CDBG Allocation Pro'cess 2004 2004 ~ lJ\ January February March April May June 25 Joint Funders Technical 6 Due Date for 2005 14 Mail HSC materials Workshop Assistance to Applications Applicants 21 HSC public service 25 Applications Staff/Ad Hoc application review \ Available Public. Committee(s) 28 HSC public service Services for CDBG review applications. ~<\ & HS General Application ~~~ Fund 17 HSC Review List of reviewlInterviews Applications 25 Applications Identify Interviews A vailable for CDBG Capital 20 & 21 HSC Ad Hoc Com/Staff Develop Agency Questions (All Day Mtgs) July August September October November December 6* HSC Capital 9 PRHS&PS 7 Public Hearing! Application Committee - City Council Adopt Review/Interviews Preliminary 2005 2005 Proposed Use Proposed Use of ofCDBG Funds/ -JIIIIj CDBG Funds/2005 2005 Human . 1M .' Human Services Services General ~f", 12 HSC Preliminary General Fund Fund Proposed Use of Recommendations Recommendations Q~ - FundslHS GF -- Recom 11 2005 CDBG Program & 19 Tent- Preliminary Backup Due to Proposed Use of King County FundslHS GF . Recom 26 HSC Public Hearing & Proposed Use of Funds II 01/20/2004 05 Commission Allocation timeline MEETING DATE: March 2, 2004 ITEM# ~ ........-..........-.......-..-..-....................... .................-....................................-.............................................. """'-"""""""""""""""""""""" """"",,""""""""""""""""""""""'" .......................-.""""""""""""""""""" CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Strategies Extension of Community Development Block Grant (CDBG) Housing and Community Development CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ """""""""""""""""""""""""""""" ATTACHMENTS: Memorandum to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated January 15,2004 including: Community Development Block Grant Housing and Community Development Strategies with proposed amendments. """,-"""""""",""""""""""'-"""""'........... SUMMARYIBACKGROUND: The Community Development Block Grant (CDBG) Housing and Community Development Strategies will expire at the end of 2004. Action is requested to extend the strategies so that they may be used by 2005 CDBG applicants. ..........................-.................. CITY COUNCIL COMMITTEE RECOMMENDATION: The Committee moved to recommend extending the Community Development Block Grant (CDBG) Housing and Community Development Strategies. This recommendation is to be forwarded to the full City Council for consideration at the March 2, 2004, meeting. ....-................................... """""""""""""""""" """"""""""""""""""""""""""" PROPOSED MOTION: I move to extend the Community Development Block Grant (CDBG) Housing and Community Development Strategies """"""".-............-""'" ~ .................-.........................................-............-....... CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: February 2, 2004 ' Kelli O'Donnell, BG Coordina~ David Mosel Manager Extension of mmunity Development Block Grant (CDBG) Housing and Community Development Strategies Background The attached Community Development Block Grant (CDBG) Housing and Community Development Four-Year Strategies (with proposed revisions) were extended in 2003 and expire at the end of 2004. The extension through 2004 was requested to allow time to analyze Census data and review the Strategies as the first step in preparing a new Consolidated Housing and Community Development Plan (Consolidated Plan), which will cover 2005 through 2009. Information from the 2000 Census, citizen input, an updated needs assessment and data from the King County CDBG Consortium Consolidated Plan will be utilized in updating Federal Way's CDBG Strategies. Federal Way's Consolidated Plan process is currently underway and will be substantially completed by the end of 2004. The 2005 allocation process will begin in the spring of 2004 so action is requested to extend the current CDBG Strategies, As was discussed at the Human Services Commission, the CDBG Strategies will not include an expiration date. Recommendations on future CDBG Strategies will be brought forward for Commission/Council consideration as part of the Consolidated Plan process. The Human Services Commission concurred with Staff and recommended extending the Community Development Block Grant (CDBG) Housing and Community Development Strategies at the January 26, 2004, Commission meeting. Committee Recommendation The Committee recommends extending the Community Development Block Grant (CDBG) Housing and Community Development Strategies. This recommendation is to be forwarded to the full City Council for consideration at the March 2, 2004, meeting. ApPROVAL OF COMMITTEE REPORT: .~~ C mmittee Chair \)-\ .~ CITY OF ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: January 15, 2004 - Human Services Cominission . ~. . Kelli O'Donnell, CDBG Coordinato . Extension of Community Develop ent Block Grant (CDBG) Housing and Community Development Five-Year Strategies through 2005 . In 2003, the attached Community Development Block Grant (CDBG) Housing and Community Development Four-Year Strategies were. extended through the end of 2004 in anticipation of completing Federal Wày's Consolidated Plan in 2003.. This process was delayed in 2003 due to staff turnover and additional time needed to allocate CDBG capital funds. Federal Way's . Consolidated Plan process is currently underway. and will be substantially completed by the end of 2004. The 2005 allocation process will begin in the spring of 2004 so action is requested to extend the current CDBG Strategies. Staff recommends extending the Strategies indefinitely. During the Consolidated Plan process, the CDBG Strategies will be reviewed based upon current Census data, citizen input, and an updated needs assessment. Once all of the information gathered has been reviewed, recommendations on future CDBG Strategies will be brought forward for Commission/Council consideration. . Proposed Motion: I move to recommend to the City Council that the Community Development Block Grant (CDBG) Housing and Community Development Four-Year Strategies be extended.. ..~ Commissioner Notes/Questions: lease contact me at (253) 661-4153 or kellio@fedway.org if you have any questions regarding the CDBG Strategies or any CDBG projects or programs. D-'L .01' ~ 4 ED E.RAL.. ~ ~ FrY" ð,f> A1r I COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING AND COMMUNITY DEVELOPMENT FIVE YE,\R STRATEGIES, 2000 200~ The Housing and Community Development Four Year Strategies e';oh-cd noom the 1993 Community Development Block Grant (CDBG) Loc::!l Program Policies, The strategies were developed in 199'1 :111d updated in 1995. i\t that time they were gin:~n a four year term, from 1996 to 1999, They were revisited in 19n and again in 1999, In May 1999, the strategies were renewed for another four year term, 2000 to 2003. In fv1arch )003. the strategies were e~:tcndcd through the end of 2001. '[hese strategies provide guidelines for the allocation ofCDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth Management Act and the Human Services Comprehensive Plan. GOAL STATEMENT Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challenge of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use CDBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and by expanding economic opportunities for low- and moderate-income persons. OBJECTIVES ~ To fund projects which address local needs and strategies ~ To ensure that the basic human service needs oflow- and moderate-income persons are addressed ~ To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations ~ To preserve the existing housing stock ~ To stimulate economic development and strengthen the City's infrastructure l)-3 ~'our YearllousiJl~ and Communit" Ikvelopment Strategies I Page 2 of 5 NEEDS DR A.¡:, The City of Federal Way has identified housing and non-housing community development needs through public involvement activities, studies, needs assessments, and planning processes. 1. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health and safety problems. 2. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stock. 3. Accessibility - Modifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. 4. Infrastructure Improvement - Neighborhood revitalization projects such as Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. 5. Public Services - Projects which meet the following City Council human services goals: ~ support basic human needs through funding of emergency services; ~ support a strong service delivery system that increases public safety; ~ provides support that supplements federal, state, and county programs designed to increase self-sufficiency and independence; and . ~ support service models that improve community-based collaboration and build strong neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. 1> - 1-( ", ',d hm. '" ,'n' "".'.,",," I"" smm' ,,1l'S s."'ml.'""" """0 '0 '1"1°'" S,.", Fuur YlèarIIOll,in~ and COllllllunit\ )¡;veloplnent Strategies I Page 3 of 5 DRAFT STRATEGIES The City of Federal Way adopts the following three strategies to guide funding decisions for the annual Community Development Block Grant allocation. Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. ~ Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the community's decision to incorporate. The City will maintain a Housing Rehabilitation Loan and Grant Program to maintain health and safety standards in the homes of low- and moderate- income households and persons with disabilities. ~ Activity 2 According to established service providers, suburban homelessness is increasing. There is a limited supply of transitional and emergency shelter facilities in South King County to meet this overwhelming need. The City will continue to support local and regional shelter and transitional housing service providers. The City will encourage and support more homelessness prevention services, including youth shelter services. ~ Activity 3 The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families. The City will: . Consider participating in a South King County regional entity to address housing needs. . Assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. . Look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. . Consider funding homeownership programs such as down payment assistance, sweat equity, homebuyer education, community land trust or those that reduce development costs or reduce mortgages. D-~ I:: cd human ~:erviclè~cdb~ pru:,:r:1I11'cdb:; :;lèlwrar.cdb~ intro I Ù Ilbluc\: ;1'::11 1-('lIl' Yeurllollsin~ and Community Development Strategies I Page 4 of 5 Strategy #2 DRAFT Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Fifteen percent (15%) of the annual CDBG allocation will be targeted toward projects categorized under this strategy. ~ Activity 1 The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. ~ Activity 2 The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well '-being of youth, elderly, and disabled persons. ~ Activity 3 The City will consider funding projects which encourage community development activities such as job creation, downtown and neighborhood revitalization, and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. ~ Activity 4 The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Strategy #3 Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. ~ Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. '"b - ~d hum:lIl :ervice::'cdb;,; pro::;rul1l'cdb::; ::;el1erurcdb::; intra 10 '¡bloc!: ::;1':111 F "'" Y '"'" ú",;, , ORA 'i.";"'""""" ;.::~~~'; I ~ Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. ~ Activity 3 The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a continuum of care for people. ~ Activity 4 Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available, special planning projects will be considered. 1)-1 I;:cd hullI;m ~t:r\'ict::,cdb;:, pro;:,ral1lcdb;:, ;:,t:llt:ral'cdb;:, intro IOIblocl; ;:,ran MEETING DATE: March 2, 2004 ITEM# 1Z (¡ ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Approve and award purchase of IT equipment CATEGORY: BUDGET IMP ACT: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ """'."""""."""".""""".""'" ATTACHMENTS: Memo to FEDRAC including RFQ and qoutes """'.,""""".""""".""'" """'."""""."""""'.""'" SUMMARY !BACKGROUND: Request approval and award the purchase of Police Rugged laptops, office desktop computers, Police hand held and mobile radios, and Police vehicular modems, All items have been budgeted and are replacement equipment. Staff issed a RFQ for the purchase of rugged laptops and selected lowest quote. Desktop computers are being purchased utilizing the WSCA (Wester States Contracting Alliance) agreement, two way radios and vehicular modems are being purchased directly ITom Motorola as the sole source. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve and forwarded to full council. m.m........,..................,. PROPOSED MOTION: "I move award and purchase of eight (8) laptop compuers ITom Group Mobile LLC of Arizona, and approve the purchase of twenty (20) desktop computers directly ITom HP under the WSCA agreement, and the purchase of ten (10) two-way radios and ten (10) vehicular modems ITom motorola. for the amounts stated in the attached memo to 2/24/04 FEDRAC. " CITY MANAGER APPROVAL: lPW\- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: February 18, 2004 Finance, Econo ic D~lopment and Regional Affairs Committee David H. el, i'Sy ~anager Mehdi Sadri, Info ation systems Manager ~ . Approve and Award Purchase of IT equipment Via: From: Subject: BACKGROUND: Staff is requesting committee's approval of the following purchases, The equipment requested are part of the ongoing replacement and upgrade of systems that have reached their useful life and are in need by staff for daily operations. These have been budgeted and funded by the replacement reserve fund. Council review and approval is required for purchases exceeding $20,000,00. Rugged Mobile Computers Total of 15 rugged laptops for police vehicles are scheduled for replacement in 2004. This phase MIS is requesting to replace eight (8) units for the total of $40,247,30, Price quotes from several vendors were evaluated. The lowest quote is from Group Mobile LLc. Note: these laptops are equipped with wireless modem hardware at approximately $800 per unit which will be paid through 200 I LLEBG grant. Desk Top PCs Total of 55 PC are identified to be replaced in 2004. MIS is planning to replace these units in three phases. This phase include 20 PCs For $30,862.21. All units are Compaq and purchased directly from the manufacturer utilizing WSCA (Western States Contracting Alliance) pricing. City has standardized on Compaq PCs for their overall price/ quality and WSCA provides the best pricing and delivery, Portable and Mobil Radios Total of 10 Portable and 10 mobile 800 MHz radios are scheduled for replacement in 2004. This phase of purchase includes 5 portables and 5 mobile units for a total of $27,467,70. City/County 800 MHz police radio system utilizes Motorola equipment and are sold directly by Motorola, Vehicular Radio Modems (VRM) VRMs are used in police vehicles along with laptops to connect to Valleycom dispatch system. City is replacing total of 10 units this phase for a total of$26,640,OO. VRMs are made by and soled solely by Motorola. COMMITTEE ACTION: Award the purchase of rugged laptops to Group Mobile LLC. based on lowest quote for $40,247.30 and Approve the purchase of the PCg, t\ve nAy lad~vS, ålld Vc;l1id\- ModCl'it3 and forward the request t' , council for final approval. ~ C~di~ .ft."" ~?C,~\(t¡,-.Ll, .J P b ~A.J:J Y'lVth¡li.. rÆdlC .M~~ VV\\B.fv (Þ.2"t..(\,-7.10.. Þ (D \4-hcilL¡y~tð M.cJe~{bðr{tiwdlk-f;./" ~/1.oL/OC1J ~ Committee Chair ;..- Attachments: Price quotes K:\......\RR Memo to Fedrac FI : <J Group mabihl" u TE Quotation Number: 55565 Quotation Date: 02/03/04 Quotation For: Mike Frankland Quotation From: Richard Lawson Group Mobile LLC 6825 West Galveston, Suite 6 Chandler, AZ. 85226 Phone: 480-705-6100 Fax: 480-705-4216 Special Comments or instructions: Product Quote: GoBook II Fully-Rugged Laptop Computer Qty Item Type Description Unit Price Ext. Price 8 System Unit 1.7GHz Mobile Intel Pentium IV Processor, $4,468 $35,744 256MB SDRAM, 40GB Hard Disk Drive, 56K Modem, Ethernet LAN, Backlit Keyboard, GPRS or COMA Wireless Modem, 12,1" Outdoor-Enhanced Touch Screen XGA Display, Windows 2000 Professional 8 Add-On Floppy Disk Drive 56 448 8 Accessory Vehicle Adapter 82 656 8 Shipping Ground Freight to 98003 18 144 SUBTOTAL $36,992 SALES TAX 0 TOTAL $36,992 Group Mobile LLC (480) 705-6100 1 1l ~y .:; J.:~-S5. 3D -r;/~/ ;;: (t'lO.;J.l! 7. 30 0 Quote prices are effective for 30 days. . . (J G roup mobilE!" Q TE Quote - Continued: GoBook II Fully-Rugged Laptop Computer Description Price These items are also included in your purchase from Group Mobile: Three Year Warranty Free AC Adaptor Free Li-Ion Battery Pack Free These Optional items may be ordered from Group Mobile: Vehicle Cradle $695 usa Office Port Replicator 230 Carrying Case - Standard 79 Carrying Case - Deluxe 95 Shoulder Strap 10 Soft Handle 15 Bat-Hook Hard Handle 40 Cargo Pouch 55 Cleaning Cloth - 10 pack 20 Stylus with Tether - 6 pack 20 usa CD-ROM 220 Media Bay CD-ROM Drive 129 Media Bay DVD-ROM Drive 199 Media Bay Floppy Disk Drive 59 Combo DVD/CD-RW Drive with Roxio EZ CD Creator 325 Software Media Bay Battery 229 Vehicle Adapter - 12V 1 24V 95/190 Main Battery Pack 249 AC Power Adapter with Power Cord 50 External Battery Charger 99 Tip and Ring Cables 40 USB to Serial Port Adapter 90 Group Mobile LLC (480) 705-6100 2 ~ '<J Group mabih:f UOTE Payment Information Group Mobile Accepts payment by: . Credit cards: American Express, Visa, MasterCard, Discover/Novus, Carte Blanche, Diners Card . Debit cards with the MasterCard or Visa logo . Bank Cashier's Check, Certified Check, Money Order . Wire Funds Transfer (see below) . Company or Individual Check (7-10 days to clear) . Net Terms for Qualified Customers Terms and Conditions: . Net 30 Days . Group Mobile does not accept c.o,d. orders . Customers must complete Credit Application and Credit must be approved by Group Mobile's Credit Department. Group Mobile Banking Information: Wells Fargo Bank 64 E. Broadway Road Tempe, AZ 85282 480-644-8385 Routing Number = 1221 05278 Account Number = 624 691 7949 Group Mobile Contact Information: Group Mobile LLC 6825 W. Galveston Suite 6 Chandler, AZ 85226 480-705-6100 480-705-4216 (FAX) www,Qroupmobile,com salesaD.groupmobile.com Group Mobile LLC (480) 705-6100 - 3 ~ TO: COMPUTER DEDUCTIONS, INC. 1348 East Wilshire Avenue, Santa Ana CA 92705 PHONE: 714-541-2683 FAX: 714-541-2856 QUOTATION NUMBER: CFW417020 This quut.,tiun rlulJlber must appl!¡f on purdJase ordl!r. Mike Frankland City of Federal Way Fax.: (253) 661-4075 DATE: .. ~... - 17-Feb-04 .. .. . . :::::$.!W.f¡J~J~~gBg§J;m*ttY§::~...:j)§atPJ?JNøaNføRMATJQti[::::::fjfj::::::::::::}:::t:f::::ftfft::j:::::::ti}}fJ~p~rp:Me.R?NQM$.ç$j:',j}}}}ItIt=ttjIttI:' Luc Paquin Shipping is via ground service, unless CI-1300-27 fpaquin@cdi-hq.com otherwise specified. QUOTATION Item Manufacturer Part Number Item Description QTY 1 1X260 Itroníx - Go Book II Rugged Laptop, 1.8GHZ, Intel Celeron Processor, 256MB DR RAM, 20 GB Removable HDD, 12.1" XGA Colorvue Touchscreen, 56K Landline Modem, Ethernet LAN, AC adapter, L Ion Battery, Windows 0/5, Powered Backlit Keyboard, Integrated CDMA wireless modem Itroníx - Floppy disk Drive Itroníx - Vehicle Adapter Itronlx - Emerald Warranty Program (3 years) 2 3 4 51-0255-002 50-0096-002 Misc, SPECIAL INSTRUCTIONS Sen(j. ~II. ç()l"I"espoÏ1~~n~. to:. C()rill)lJt~" tJE¡ctLJtttOIJ~,. JIJb.,. AtfIJ.:. Lot'. Ltijji:1ih,134ØE-ast\Ni'sIJÎrêÄvenl@SantcU\~å,çAg27()5 :. :::.: . ..:.. . Sub-Total: Tax: Freight: COD: Misc.: TOTAL: 8 8 8 8 Unit Price $ 4,581.16 $ Extended Price 36,649.28 472.00 760.00 4,560,00 - - - - - - - - - - $ $ $ $ $ $ 42,441.28 3,734.83 200.00 - - 46,376.11 OPTIONS I I I I PENALTY CLAUSE $ $ $ $ $ $ $ $ $ $ $ $ $ 59.00 $ 95.00 $ 570.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - - fll.. .4l,..e)/.II..Ie.C8ste.......st; plallt.: ..ake u..e...hiel.avail.lil.f.. iIlStallati.lI.a. ,e... .eh.".".. t. II. ..,atiat... .a." a'ra.": .p."'. ".'1 c...,.. ...t. Ii.ee...llle.t...... ~.::~:~:: ~ :~ÿ;~:::~ ::: .::~ ~:::I:: ~j. ;¿:~:~"j:: ~~ lit:. ;:i:W~ :.: ~ ~ :~a:: :='=~: ::;7. f~r 7~~ :::~ D~ Je~ ::~ ~ ~ [.:.t;i :Is,:-: ;::: :;:~;;. . .."".." biit,líiit lI..t. "j(~",," øqq",t bÿ.., t"e""i~i"'"f..t iliiiÿ ti."sp"nt With..iIt iÍlst",lI;;tjj'iiW"doi 'RIb"CD' T.dÍlI~I;¡.I$I; .,.... iliiiÿ :ttiliv"'..,q;,,¡¡;;,,. (11..,,1. .iIi, me.... ."~ ¡ii"~;.~$,.~~"~; i")<. ~..~..( ..O!d"~t"I'~i... Is ...."..... -.. ........,. "'.h..,,~......;;..;,;y ~../:....i..~Ùh.. ..~j,,""ÄIIY "....~i.."... ~i'-i~.~~ .......'-iP:..;;~"..t.. ~"v."""..r CDI PROPRIETARY 8.80% $ $ - $ - 1$ Corporate Office: 8680 Greenback Lane!! Suite 210, Orangeva/e!! CA 95662 Phone: 916-987-3600 Fax:: 916-987-3606 1 "' , Quotation Prepared For: FEDERAL WAY POLICE DEPARTMENT .ITRONIXe Date 2/4/2004 Sales Person BOB MORROW Effective From 2/4/2004 Valid Through 3/31/2004 Prepared By BOB MORROW Quote # 65-5LO Rev # To MEDHI SADRI (253) 661-4098 FEDERAL WAY POLICE DEPARTMENT 33530 1ST WAY SOUTH FEDERAL WAY. WA 98063-9718 FederalWayPD - 020404_IX260 Product ~II~ CONFIGURATION Product Part # Qty. Unit Price Discount Net Price Extended Price Approx. Dt. GOBOOK II UNIT, BASIC XGA 1X2OO-O1A $4.295.00 0% $4,295.00 $4,295.00 4.002004 ~:~RY:~,:~!~rfR}.~:roz.11ß., ~~ .' , . '. ITRONIX lABEL SET WTH BA THOOK IX2I3O-œC .', . $0.00 >{,,' ,":',ro,qJ.. . ~':. . '. " .' ....'!., ;. ": ..$;!90'~', !OO%. ' $0.00 0% $0.00 $0.00 4.002004 NO OTHER OPTION REQUIRED (GOßOOK IX26OœZ $0.00 0% $0.00 $0.00 4.002004 :isls'MåO!"OORRÂt.(TOìÁI (doOObK II) U.S. WTH BACKUT KEYBOARD (GOBOOK 1X26OŒM 3 YEAR EMERALD SERVICE GOBOOK II 1aÐ175-001G2EM $249.00 0% $249.00 $249.00 4.002004 $799.00 0% $79!lOO $7'99.00 4.002004 $0.00 0% $0.00 $0.00 4.002004 $0.00 0% $0.00 $0.00 4.002004 $95.00 0% $95.00 $95.00 4.002004 $$.00 0% $$.00 $59.00 4.002004 $450.00 0% $450.00 $450.00 4.002004 .t;òMA1XRTTSPRINr (GOaooKII) IX26Q.O7C 1.8 GHZ CELERON PROCESSOR IX26IJ.œA 40GB HARD DISK DRIVE (GOBOOKII) IJ<2OO.QC VEHICLE ADAPTER, 12V. 70W(GOBOOKII, 5(}.()006.005 GOBOOK TABLET PC. GOBOOK MAX) fLOPR'i' 9R'\!E3.5" (GQBOOK II) 51.Q255.002 ,,*ITRGIUIX' Confidential Itronix Corporation - 801 South Stevens Street, Spokane, WA 99204, USA www.itronix.com Page1of2 , , Quotation Prepared For: FEDERAL WAY POLICE DEPARTMENT The oontents '* this quotation are CCIlfidentiai and proprieta'y and may nŒ be dl4JIicaed, transmitted a: distJibuted to any tnrd party. Wan 'ErrtJedded System SoIIware' option '* the Microsoft OS t-es been selected, this qo.JOtaion is subject to the provisions ,*!he attached Microsoft End-User Uœnse Agreement for Desktop Operating Systems. By i$SUng an order plnuarí to this quotation c:usIomer t-es agreed to OOfT'4'Iy with !he !elms and oonditions '* tns Microsoft End User Uœnse Agreemert. Prices are in US DoIIaIs. Ths quotation is subject to Itrordx's standard Terms and Conditions 01 Sale (US Domestic Sales ()ry), wtiCh C<¥1 befuund on Itrordx's web site alwww.itrorix.corrv1cusI .ITROIIX~ Sub Total $5,947.00 Tax $0.00 Freight Charges TBD Total $5,947.00 .II'AIDIIX' Confidential Itronix Corporation - 801 South Stevens Street, Spokane, WA 99204, USA www.itronlx.com Page 2 of2 CITY OF FEDERAL WAY Request for Quotes City of Federal Way is accepting quotes for the purchase orup to 8 ruggedaized laptops to be installed in Public Safety cars. Minimum specifications are listed below, minor modifications to these specifications are accepted. We encourage any "specials" package deals. Quote are due Februarv 10th, 2004 (iiJ,Noon FAX responses to Mike Frankland at (253) 661-4075. Questions? Call 661-4183 or 661-4088. 4-Feb-O4 Item Unit Extended Delivery No. Qty Item Price Price Turnaround Time (Days) Itronix GoBook 11 Model IX260, 1.7 GHZ, Intel Pentium 4 Processor, 256MB DDR RAM, 40 GB Removable HDD, 12,1" 1 8 TFT XGA, Colorvue Touchscreen, 56K Landline Modem, Ethernet LAN, AC Adapter, Li-Ion Battery, Windows 2000 O/S, Powered Backlit Keyboard, Integrated GPRS/CDMA wireless modem, 3 Year No-Fault Emerald Warranty. 2 8 Vehicle DC Adapter for the Itronix Delivery Costs. If any Total Representative Co, Address Address City Phone # Fax # State Zip Signature.of Authorized Company Representative IP Public 'Sector Online Store llJ¡fJ¿ ~ y [Ii] !lY.llt )ate : 2/5/20045:49:02 PM . :ontract Name: MULTI - WESTERN STATES CONTRACTING ALLIANCE (WSCA) :ontract Number: 90-00151 luote 10: 203483 luote Created Date: 2/5/20045:46:31 PM Þrices in this quote are valid for 30 days and are subject to change without notice. 'his quote can be retrieved using the retrieve quote feature for up to 90 days. Ise your file - Print Option to print this order for your future reference. ems/description part no unit price qty ext price p Compaq Business d530 Small Base $1,386.00 3 $4,158.00 orm Factor P Compaq d530 Small Form Factor OC578AV 530 SFF/CMT Documentation DD811AV#ABA Itel@ 865G chipset OE666A V Itel@ Pentium@ 4 2.80GHz/533MHz 00648AV SB icrosoft@ WindowS@ XP Professional OQ747AV- P1a 530 P L 1702 17 -inch carbon/silver analog P9621 0- it panel display MAX 56MB DDR PC2700 (DDR333) 00726AV tegrated Intel@ Extreme graphics2 Included ;4MB equivalent) )GB ATA/100 7200RPM Hard Drive DD707AV ;t 44MB Floppy Drive OD740AV ~XI32X148X CDRW Drive OM448A V tegrated Intel@ audio w/premium Included ternal speaker ) usa optical scroll mouse DD736A V ) PS/2 keyboard Easy Access KBD 00777 A V#ABA .oadcom NetXtreme Gigabit Ethernet Included Ilution years Parts & Labor with 3 years Next Included Jsiness Day on site ) Compaq Business d530 Small Base $1,424.00 17 $24,208.00 >fm Factor D Compaq d530 Small Form Factor DC578AV i30 SFF/CMT Documentation OD811AV#ABA tel@ 865G chipset DE666A V tel@ Pentium@ 4 2,80GHz/533MHz DD648AV :;B icrosoft@ Windows@ XP Professional OQ747AV- :>1a 530 :> L 1702 17 -inch carbon/silver analog P9621 0- It panel display MAX ¡6MB DDR PC2700 (DDR333) DO726AV leg rated Intel@ Extreme graphics2 Included 4MB equivalent) 1GB ATA/100 7200RPM Hard Drive DD707AV it 44MB Floppy Drive DD740AV ~XI32X148X CDRW Drive OM448AV tp://gem.compaq.com!gemcartlprintpage.asp Page 1 of2 2/5/2004 IP Public Sector Online Store . Itegrated Intel@ audio wtpremium Iternal speaker p Wireless optical scroll mouse p Wireless Easy Access KBD (hp Iptical Wireless Scroll Mouse equired) . roadcom NetXtreme Gigabit Ethernet )Iution years Parts & Labor with 3 years Next usiness Day on site Included DD735AV DD781 AV#ABA Included Included Subtotal: $28,366.00 tp://gem.compaq.com!gemcart/printpage.asp Page 2 of2 2/5/2004 , . MOTOROLA . .. Customer Connection Proposal 1307 E Algonquin Rd Schaumburg, IL 60196 Account Manager: Travis Boettcher Quote Date: 2/11/04 Prepared By: . Sean Lovelace Phone: (800) 367-2346 Fax: 847-725-5068 CUSTOMER #: ÞREPARED FOR: Mike Frankland Bill To Ship to . COMPANY: Federal Way, City of Address: Please Advise Address: Please Advise PHONE: (253) 924-6291 FAX: (253) 661-4075 Date: Feb. 12, 2004 Quote #: SL021104Q1 1000243832 Equipment Details and Pricing Unit Price Total Price $845,25 $4,226.25 $974.61 $4,873,05 $679,87 $3,399.35 $0.00 $0,00 $0,00 $0.00 $1,244,16 $6,220,80 $513.36 $2,566.80 $732.96 $3,664.80 $59,00 $295.00 $2,385,00 $23,850.00 $51.00 $510.00 $12,53 $125.30 $610,00 $6,100.00 $0,00 $0.00 Qtv. Model 5 M01HX 5 824W 5 H38 5 G495 5 B382 Description MCS2000 ENHANCED RADIO PACKAGE 800 MHz MODEL II 35 WAIT (MID) POWER OPTION SMARTZONE SYSTEM SOFTWARE PACKAGE OPTION ADD: 1.4 WAVE 800 MHZ ROOF TOP ANTENNA AL T: WHITE CLASSIC PALM MIC 5 5 5 5 M01HX 203H H38 H885 MTS 2000 SERIES PORTABLE MTS2000 II 3W 806-870MHZ ADD: SMARTZONE SYSTEM SOFTWARE PACKAGE (MTS2000) ENH: TWO (2) YEAR EXPRESS SERVICE PLUS 10 F4454 10 FKN4367 10 HAF4002 15-35WATTS TX806-824MHZ, VRM850 Cable 800 MHz 1/4 WAVE ROOF MOUNT ANTENNA 10 SCAO020 10 ZAO0107AA TXMESSENGER, W/128-BIT ENCRYPTION/COMPRESSION ADD: CD ROM MEDIA QUOTE PAGE TOTAL ~ $55,831.35 I] QUOTE TERMS AND CONDITIONS: 1. Quotes are exclusive of all installation and programming charges(unless expressly stated) and all applicable taxes. 3. Title will pass upon shipment, risk of loss will pass upon delivery to purchase~s facil~y. 4. Ordered equipment may be retumed for a full refund, less a 20% restocking fee, If the equipment is returned unused and undamaged in its original packaging with In six months after shipment. 5. Prices quoted are valid for thlrty(30) days from the date of this quote. 6. Unless otherwise stated, payment will be due within thirty days after Invoice. 7. Motorola's standard equipment warranty( which will be fumished upon request) applies to all ordered equipment MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B. MOTOROLA'S TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LlMITTED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL MOTOROLA R¡::,IARI¡::c:t"lþ""....nc.,T^' "o..........~~....,'~...,., .......--- I Mike Frankland - RE: Itronix Quote, I....... . /'~----- / t/ Page 1 -_._----~-- - -- ------.-- ~---- - -- --- - ----~-~--------- --- -. - From: To: Date: Subject: "Richard Lawson" <rlawson@groupmobile.com> "'Mike Frankland'" <:Mike.Frankland@ci,federal-way.wa.us> 2/18/200412:18:16 PM RE: Itronix Quote. Hi Mike, 1, When I quoted the machine, I did not know which integrated radio card you wanted. However, they are all the same price. We usually just make sure we know when the order is discussed, Here is what Itronix offers: - AT&T GPRS - European GPRS - Sprint COMA 1 xRTT - Verizon COMA 1 xRTT - T-Mobile GPRS - Cingular Mobitex RIM902 - COrD 350 As far as who makes the card,ltronix mayor may not be willing to reveal that information, Or, they may use more than one supplier for each card. You could call their 1-800-441-1309 and ask the question as a potential important customer for 10 units, 2, The warranty is the standard 3-year covered by Itronix. To add 3-year Emerald Service, add $450 per computer. 3. The lead time on the GoBook II is 30 days. They have been pretty consistent with that performance over the last 6 months, and we have sold a lot of their GoBook lis, I hope I have answered your questions, Regards, Richard Lawson Group Mobile LLC 480-705-6100, X205 (PHONE) 480-705-4216 (FAX) rlawson@groupmobile,com www.groupmobile.com -----Original Message----- From: Mike Frankland [mailto:Mike,Frankland@cLfederal-way,wa,us] Sent: Wednesday, February 18, 2004 11:41 AM To: rlawson@groupmobile.com Subject: Itronix Quote, A few more questions: Do these units have the Sierra in bedded modem card? Model/part# of the card? Is it the 1XRTT? MEETING DATE: March 2, 2004 ITEM# ~ (ctJ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: INDEPENDENT SALARY COMMISSION APPOINTMENT CATEGORY: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMP ACT: 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ....".-...........-.'-.."'.. ATTACHMENTS: Candidate Information .......-....-....".....-....... SUMMARYIBACKGROUND: Ordinance No. 03-439 established the creation of an independent salary commission for purposes of reviewing and establishing the compensation of the Mayor and Councilmembers. In accordance with the city code, the commission shall consist of five members appointed by the Mayor and approved by the City Council. Each members shall serve a term of four years, except for the first five commissioners will serve staggered terms of one to four years; also, the Mayor, with approval ofthe City Council, may appoint alternates to the commission. The candidate recommended for appointment by Mayor McColgan, Adebola Christopher Adekoya, has served as an alternate on the Commission for the past year, and would replace Kurt Weis, who was appointed to a one-year term expiring 2/28/04 and who did not seek reappointment. CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A ."..'.-'.......--'.-...-.-....-....... PROPOSED MOTION: "I hereby move approval of the appointment of Adebola Christopher Adekoya to the City's Independent Salary Commission with a term expiring February 28, 2008. ;:;~::~~~~~v:~ ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ADEBOLA CHRISTOPHER ADEKOY A, Ed.D., MUS 9-year resident of Federal Way Planning Commissioner (alternate) 1996-2000 Currently Database Management Consultant and assistant professor at Oregon Institute of Technology Experience in negotiating salary adjustments and in management development Degrees from University of Washington, Oklahoma State University and Langston University (Oklahoma) MEETING DATE: ~\~ r¿l 1.c04 ITEM# - JLL (b) ..... - CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Agreement between City and Central Puget Sound Regional Transit Authority for "Future Development of Transit Oriented Development at the Federal Way Transit Center." CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $ $ -......-.-....-..-.........---. -------"-.---"-"..-----"'..----"'--.--- "-.---"""--------"..----'" ATTACHMENTS: Proposed Agreement; Staff Memorandum to Land Use and Transportation Committee; Summary of agreement presented at LUTC meeting; existing 7/01 Agreement between City and Transit Authority, and legislative record for 7/01 Agreement. '.----"'---------".----"-'--------""------"""--"------- SUMMARYIBACKGROUND: The proposed Agreement wì11 implement provisions in the 7/01 Agreement for the City and Sound Transit to execute a subsequent Agreement outlining the responsibilities of the parties to identify and construct an appropriate transit oriented development (TOD) on the transit center site. ....---""--------'-.....----... -------...-.-.----...------.......... CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the agreement to full Council for additional discussion and decision. PROPOSED MOTION: "I move to authorize the City Manager to enter into the proposed Agreement between the City and the Central Puget Sound Regional Transit Authority pertaining to future transit oriented development on the transit center site." ~~~-~~~::;,~~~~:~- ---"'-..-----'...------"..----- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED lXJ TABLED tI MOVED TO SECOND READING (ordinances only) -tv f.k~ 1- , VJO~ REVISED - 05/10/2001 ... COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # A. fu""fu""""'<1!i!i-" ¡/ CITY OFfu'ifu\WÞ" """1W,-&;;"""..,,, Federal Way MEMORANDUM TO: City Council Land Use and Transportation Committee FROM: Kathy McClung, Director of Community' Development Services ~ Lori Michaelson, AICP, Senior ~lann~ David H. Moseley, City Mana~ ,ÇN . January 12, 2004 VIA: DATE: SUBJECT: Proposed Agreement between the City and Puget Sound Regional Transit Authority pertaining to future Transit Oriented Development (TOD) opportunities on Transit Center site. L BACKGROUND The attached proposed Agreement has been prepared by City staff, in conjunction with Sound Transit, in order to provide opportunities for future "transit oriented development" (TOD) on the transit center site, and within certain timeframes related to occupancy of the completed transit center. The Agreement was contemplated in a previously approved Agreement between the parties I (AG #01-99, attached, along with the legislative record approving the agreement), wherein Sound Transit voluntarily agreed (among other things) to design the transit center project and work cooperatively with the City to allow future TOD opportunities on the site, consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. IThe July 9,2001 Agreement between the City and Sound Transit (AG #01-99, attached) established the intent of the Parties to provide future TOD opportunities on the site. In addition it addressed on and off-site transportation improvements, stormwater management, project design, and mitigation of project impacts related to the transit c.enter project. The proposed Agreement establishes a process to obtain a TOD developer(s); clarifies the responsibilities of the Parties in this effort; and provides contingencies in the event a developer(s) is not found or a project is not initiated within certain timeframes. The Agreement also addresses TOD-related landscaping and pedestrian amenities. The overall transit center project site includes approximately 6.9 acres. Two separate areas within the overall site have been set aside for future transit oriented development (TOD). These areas are identified and delineated in the Agreement and also reflected in the transit center building permit, currently under review by City staff. These include an approximate 30;800 square foot (SF) area, described in the Agreement as the "East TOD Property", and an approximate 21,700 SF area described as the "West TOD Property." Collectively the two areas are referred to in the Agreement as "the TOD Properties." II. KEY POINTS IN AGREEMENT 1) Definition ofTOD A definition of "transit oriented development" (TOD) is provided in the Agreement and TOD proposals will be reviewed for consistency. The definition allows for a variety of uses, such as retail, office, service, residential, and other code-permitted uses that create an "active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public right-of-way and pedestrian areas," and may support transit center patrons and/or the larger City Center consumer base. 2) TOD Development Opportunities a. The Agreement provides that Sound Transit will utilize it's best efforts, in consultation with the City, to obtain a qualified developer(s) who agrees to develop the TOD Properties within five (years) of occupancy. b. If Sound Transit's good faith efforts are not successful, Sound Transit will issue a Request for Proposals (RFP) at least twelve (12) months prior to anticipated occupancy of the transit center, at it's sole expense and in consultation with City; and the City may manage the RFP upon request to Sound Transit. 3) Conveyance ofTOD Properties to City a. If a TOD developer(s) is not found within eighteen (18 months) of occupancy, or a developer is on board but construction has not commenced within five years of occupancy, Sound Transit will convey the "West TOD Property" to the City, and the City may exercise an option to purchase the "East TOD Property." Sound Transit will retain permanent utility, access, and signage easements over, across, and through properties conveyed to the City, and/or purchased by City, and the purchase price for the east TOD is established as Sound Transit's original purchase price less the value of the easements. No conveyance shall be required prior to eighteen (18) months after occupancy. 4) Landscaping ofTOD Properties v Exhibit ",Á" to the Agreement describes the landscaping that must be provided on the TOD Properties concurrent with occupancy of the transit center/parking structure. This can be considered "interim" landscaping ofthe TOD Properties, pending their future development. The intent of the interim landscaping is to maintain project aesthetics and site safety by providin&:,yisual relief while maintaining clear sight lines across the site. Exhibit ';.8"" describes the "permanent" landscaping and pedestrian amenities which must ultimately be provided within the TOD Properties concurrent with TOD development or, absent such development, it shall be installed by Sound Transit no later than five years after occupancy, plus three months to allow for submittal and review of the landscape plan. The permanent landscaping will provide additional trees, shrubs, and pedestrian amenities. III. SUMMARY AND RECOMMENDATION As noted ábove, the proposed TOD Agreement is consistent with the policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. In particular, the Agreement will promote a number of Federal Way Comprehensive Plan (FWCP) goals and policies for future urban-scale development and densities in the City Center. The TOD Agreement was also contemplated in a previous 2001 Agreeroent between the parties (AG #01-99, attached) and in the City's recent approval of the Federal Way Transit Center. Staff recommends that the City Council authorize the Agreement to provide for future TOD opportunities on the Transit Center site. APPROVAL OF COMMmEE REPORT: Jack Dovey,Chair Michael ~ark, Member Eric Faison, Member Attachments: Transit Oriented Development Agreement 2001 lnterlocal Agreement (AG #01-99) and legislative record approving the Agreement SUMMARY OF AGREEMENT (2 PAGES) PRESENTED BY STAFF AT LUTC MEETING 1/12/04 TRANSIT ORIENTED DEVELOPMENT (TOD) AGREEMENT CITY AND CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY DRAFT 1//5/6(- PURPOSE OF AGREEMENT -PROVIDE A FRAMEWORK FOR TOD DEVELOPMENT TO OCCUR ON THE TRANSIT CENTER PROPERTY IN TWO AREAS SET ASIDE FOR SUCH DEVELOPMENT ("WEST" AND "EAST" TOD PROPERTIES). -IDENTIFY RESPONSIBILITIES OF THE PARTIES AND ASSOCIA TED TIMEFRAMES. KEY COMPONENTS -IDENTIFIES SPECIFIC ACTIONS WHICH MUST BE UNDERTAKEN BY SOUND TRANSIT TO OBTAIN A DEVELOPER WHO WILL DEVELOP THE TOD PROPERTY WITHIN FIVE YEARS OF OCCUPANCY OF THE TRANSIT CENTER. -ADDRESSES LANDSCAPING OF THE TOD PROPERTIES UNTIL DEVELOPED. -IF NO DEVELOPMENT OF "WEST TOD", IT WILL BE CONVEYED TO CITY. -IF NO DEVELOPMENT OF "EAST TOD", CITY CAN PURCHASE IT, BUT CITY IS NOT OBLIGATED TO DO SO. (1 ) (3) (4) (5) (6) TRANSIT ORIENTED DEVELOPMENT (TOD) AGREEMENT KEY RESPONSIBILITIES & TIMING MORE THAN TWELVE MONTHS BEFORE OCCUPANCY Sound Transit will exert its best efforts, in consultation with the City, to obtain qualified developer(s) who will agree to develop the "TOO Properties" within five years of occupancy. (2) TWELVE MONTHS BEFORE OCCUPANCY If developer(s) not obtained, Sound Transit shall issue a Request for Proposals (RFP). Sound Transit bears expense of RFP process; consults with City on RFP; and City can manage RFP upon request. AT TIME OF OCCUPANCY Sound Transit will install "interim" landscaping of TOO properties (Ex. C). EIGHTEEN MONTHS AFTER OCCUPANCY If no TOO developer on board, Sound Transit will convey "West TOO" to City, and City may exercise option to purchase "East TOO". FIVE YEARS AFTER OCCUPANCY If developer on board but construction not begun, same as #4, above ("West TOO" conveyed to City and City may purchase "East TOO"). Also Sound Transit must install "permanent" landscaping (Ex. D), allowing a 3- month plan review period before installing. LANDSCAPING OF TOD PROPERTIES AT TIME OF TOD DEVELOPMENT Landscaping requirements for TOO properties concurrent with TOO development will be applied per City Code requirements. PROPOSED AGREEMENT BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY PERTAINING TO FUTURE TRANSIT ORIENTED DEVELOPMENT OPPORTUNITIES ON THE TRANSIT CENTER SITE AGREEMENT BETWEEN {g)fJfiJ[f1f f/(3/ÓY: . CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT THE FEDERAL WAY TRANSIT CENTER THIS AGREEMENT is made and entered into this day of , 2003 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit") and the CITY OF FEDERAL WAY ("City"), a municipal corporation, (hereinafter collectively, the "Parties"), regarding the development of a transit center project ("Project"). RECIT ALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns; and WHEREAS, the Parties have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers and under RCW 39.33 to dispose of real property; and WHEREAS, central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express buslhigh occupancy vehicle systems that will be integrated with local transit systems; and WHEREAS, on November 26, 2002, Sound Transit submitted a master land use application for development of the Federal Way Transit Center, an Essential Public Facility/Class 1, which includes a transit platform with up to 14 bus bays and bus layover Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) areas, a parking garage for up to 1,200 stalls on up to five levels, a pedestrian bridge, passenger amenities, roadway improvements, landscaping and public art, application number 02-105-346, hereafter the "Project".; and WHEREAS, the Project is located in the City on approximately seven acres of property at the southwest comer of South 316th Street and 23rd Avenue South and legally described in Exhibit "A", attached and incorporated herein; and WHEREAS, on December 23, 2002, the City deemed the Project application complete pursuant to Federal Way City Code ("FWCC" or "City Code") 22-434; and WHEREAS, on September 26, 2001, a NEPA Environmental Assessment ("EA") was issued for the Project and Sound Transit, asthe lead agency, adopted the EA and issued a Determination of Nonsignificance ("DNS") on March 6, 2002, and this determination was subsequently upheld on appeal by the King County Superior Court on March 17, 2003; and WHEREAS, the City approved the Project in a final decision issued by the Federal Way City Council on November 18, 2003 as indicated in Resolution No. 03-404; and WHEREAS, pursuant to FWCC 22-1, the Project is classified as an Essential Public Facility/Class I (regional transportation facility/transit center) and is, therefore, subject to the review criteria described in FWCC 22-946.1(b) and is not subject to the specific regulations described in the underlying City Center-Core zone; and WHEREAS, Sound Transit and the City executed an agreement on July 9, 2001 as filed with the City under AG 01-99, whereby Sound Transit agreed, in part, to voluntarily design the Project to provide an opportunity for transit oriented development ("TOO") consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City; and' WHEREAS, the Sound Transit Board of Directors has adopted TOD policies with Motions No. 98-25 and M99-60, encouraging the development of transit supportive development at transit hubs; and WHEREAS, consistent with its voluntary commitment to provide future TOD development opportunities, Sound Transit identified "potential future transit oriented development" areas on the Project site plan; and WHEREAS, the Parties desire to clarify their respective commitments for future TOD adjacent to the Project site by this Agreement and acknowledge that any future TOD that may occur adjacent to the Project site will be evaluated separately from the Project application process for appropriate permits and environmental review under the State Environmental Policy Act and is not a part of the current review process for the Project. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12,08.03 (final) 2 NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: 1.0 1.1 1.2 1.3 1.4 2.0 2.1 AGREEMENT DEFINITIONS Transit Oriented Development ("TOD"): In the context of this Agreement, the term TOD represents those uses consistent with requirements of FWCC 22-1634 through 22-1637, 22-1638(c), and 22-1639, for ground floor activities along street frontages associated with the Project and Sound Transit's TOD policies as provided in Sound Transit Board Motions 98-25 and M99-60. Such activities may include but are not limited to retail, office, service and other allowed uses that create an active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public right- of-way and related pedestrian areas. TOD activities contemplated by City Code may also be intended for use by a larger city center consumer base. East TOD Property: That area as depicted on Exhibit "B" consisting of approximately 30,834 square feet and intended for future TOD uses. West TOD Property: That area as depicted on Exhibit "8" consisting of approximately 20,669 square feet and intended for future TOD uses. TOD Properties: Refers to the East and West TOD Property collectively. TOD DEVELOPMENT RESPONSIBILITIES Procedures A. Sound Transit shall design and construct the Project consistent with the final plans and approvals issued by the City to allow development of future TOD opportunities on the TOD Properties and pursuant to applicable City Code requirements. B. Subsequent to issuance of a final decision approving the Project with terms and conditions acceptable to Sound Transit, Sound Transit shall exert its best efforts, in consultation with the City, to obtain a qualified developer(s) who will agree to develop the TOD Properties within five (5) years of occupancy of the Project, consistent with Sound Transit's adopted policies for TOD development. In the event that Sound Transit determines, in its sole judgement, that a qualified TOD developer cannot be obtained Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 3 2.2 through these good faith efforts, Sound Transit shall prepare and issue a Request For Proposals ("RFP"), at its sole expense and in consultation with the City, for development of the TOO Properties consistent with all applicable federal, state and local policies and regulations and at least twelve (12) months prior to the anticipated occupancy of the Project. c. Sound Transit shall, within eighteen months of issuance of the Certificate of Occupancy for the Project, (1) secure a commitment from a qualified developer, who will agree to develop the TOO Properties within five (5) years of occupancy of the Project; or (2) convey the TOD Properties pursuant to Section 1.2 of this Agreement. If requested by Sound Transit, the City shall serve as lead agency for purposes of managing the RFP process. O. In conjunction with construction of the Project, Sound Transit shall design and construct utilities and pedestrian connections within the Project property in such a manner so as to allow future utility and pedestrian connections to the TOO Properties consistent. with the final plans as approved by the City. E. In conjunction with the construction of the Project, Sound Transit shall prepare and submit a landscape plan for the TOD Properties consistent with Project Landscape Standards attached as Exhibit "C". In the event that Sound Transit is not able to secure a commitment from a qualified developer for the TOD Properties within eighteen (18) months of issuance of the Certificate of Occupancy for the Project, or in the event the developer does not commence construction on the TOD Property within five (5) years of occupancy pursuant to Sections 2.2 A or B, Sound Transit shall prepare and submit within twenty-one (21) months of issuance of the Certificate of Occupåncy, or within sixty-three (63) months of occupancy in the event the developer does not commence construction, a landscape plan for the TOD Properties consistent with the TOD Properties Landscape Standards attached as Exhibit "0" and incorporated by reference herein. The City shall review and approve the landscape plans expeditiously and Sound Transit shall implement the approved landscape plan pursuant to City Code as provided in the final approval issued by the City by installing the approved landscaping and improvements within 45 days of City approval, or some other timeframe as mutually agreed between the Parties. Conveyance oCTaD Properties A. West TOD property Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 4 In the event that Sound Transit is not able to secure a commitment from a qualified developer within eighteen (18) month.s of issuance of the Certificate of Occupancy for the Project, who will agree to develop the West TOO Property within five (5) years of occupancy of the Project, on tenus and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the West TOO Property within five (5) years of occupancy of the Project, Sound Transit shall convey the West TOO Property to the City consistent with all applicable federal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the City's assurance that any future development of the West TaD Property will be consistent with the definition of TOD in this Agreement. Sound Transit shall retain permanent utility, access, and signage easements over across and through the West TOD Property as necessary for Sound Transit's continued use and enjoyment of the Project property. B. East TOD Property In the event that Sound Transit determines within eighteen (18) months of issuance of the Certificate of Occupancy for the Project that it is not able to secure a commitment from a qualified developer, who will agree to develop the East TaD Property within five (5) years of occupancy of the Project on terms and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the East TaD Property within five (5) years of occupancy of the Project, Sound Transit shall provide the City with written notification of its determination and the City may, in its sole discretion and within ninety (90) days of such written notification from Sound Transit, exercise an option to purchase the East TOD Property consistent with all applicable federal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the City's assurance that any future development of the East TOD Property will be consistent with the definition of TOD in this Agreement and payment by the City to Sound Transit in the amount of Sound Transit's original purchase price, less value of permanent utility, access, and signage easements over, across and through the East TOD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties. c. The Parties agree that any development that is allowed to occur on the TOD Properties shall be consistent with the definition of TOD as described in this Agreement and will assure that any conveyances shall be made subject to this requirement. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 5 O. Notwithstanding any other section of this Agreement, the Parties agree that Sound Transit shall not be required to convey the TOO Properties to the City until eighteen (18) months after the Certificate of Occupancy has been issued by the City for the Project. 2.3 Additional Agreements The Parties agree to make every reasonable effort to cooperate in good faith with each other to negotiate and execute such additional agreements as may be necessary to complete the TOO Property conveyances described in this Agreement. 3.0 LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer or employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by Sound Transit employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. . To the maximum extent permitted by law, the City agrees to indemnify and hold hannless Sound Transit and its offi~ers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or. contemplated to be perfonned by the City under this Agreement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 6 employees, with legal counsel acceptable to Sound Transit, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent permitted by law, Sound Transit agrees to indemnify and hold harmless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. SOUND TRANSIT'S INDEMNIFICATION OBLlGA TION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 7 EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THECASE OF SUCH CLAIM. 4.0 4.1 DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities perfonned under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in this Agreement, shall communicate regularly to discuss the status of the task to be perfonned and to resolve any issues or disputes related to the successful perfonnance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the perfonnance of this Agreement and the resolution of any issues or disputes arising during the telID of this Agreement. B. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. . c. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Director of Community Development Services or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager or designee shall meet and engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. Sound Transit I City of Federal Way MOA Federal Way TransitCenter I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 8 5.0 MISCELLANEOUS PROVISION 5.1 Termination Unless extended by mutual written agreement, this Agreement shall terminate upon satisfactory completion of all the responsibilities described in tlljs Agreement, or upon conveyance of the TOO Properties as described in this Agreement, whichever shall occur last. 5.2 Notice All notices or requests required or petmitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confinnation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: City of Federal Way Attn: Kathy McClung, Director of Community Development Services 33530 First Way SOlIth Federal Way, W A 98003-6221 (253) 661-4107 (253) 661-4129 Address: Phone: Fax: To Sol/nd Transit: Sound Transit Attn: Dan Eder, Project Manager 401 S. Jackson Street Seattle, W A 98104-2826 (206) 398-5024 (206) 398-5215 Address: Phone: Fax: Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned Sound Transit / City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 9 to a bank, trust company, or other fInancial institution \\ithout such approval. :\oticc or any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit. 5.4 Reconling This Agrccment shall be recorded with the Real Property Records Division or the King County Records and Elections Department and shaH be binding and inure to the benefit of the parties and their successors in interest. 5.5 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.6 Severability If any of the tenus or provisions of this Agreement are detennined to be invalid, such invalid tenn or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid tenn or provision were not contained herein. 5.7 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Agreement has authority to bind such person's respective entity. 5.8 Exhibits A1\ exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein, 5.9 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced herein. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sollnd Transit\TOD Agreement 12.08.03 (tìnal) 10 CENTRAL PUCET SOC\[) REGIOi\'AL TRANSIT AUTHORITY ("SOUND TRANSIT") ----~-------------- - ---- - ---- ---- Name ---------------- Title Date Approved as to form: Sound Transit Legal Counsel Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) CITY OF FEDERAL \VA Y: ------- -______m______-----.-------- David H. Moseley, City Manager -- ------- _..------------------._--_.-------- Date Attest: N. Christine Green, CMC Approved as to forn1: City Attorney, Patricia A, Richardson II Exhibit A Existing Parcel Legal Description: KING COUNTY SHORT PLAT 1802027 Tax Parcel No. 092104-9021 Lot 1 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington, Tax Parcel No. 092104-9057 Lot 2 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. KING COUNTY SHORT PLAT 480019R Tax Parcel No. 92104-9176 Lot 2 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that pot1ion conveyed to the City of Federal Way, for road, by deed recorded under Recording No. 20001215001690. Except that portion conveyed to the City of Federal Way, a Washington Municipal Corporation, under statutory warranty deed recorded December 18, 2002, under Recording No. 20021218002306. . Tax Parcel No. 092104-9298 . Lot 3 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way by deeded recorded under Recording No. 20010323001260. Tax Parcel No. 092104-9299 Lot A of King County Short Plat No. 4800 19R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington, Except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20000807001155. Also except that portion conveyed to the City of Federal Way by deed recorded under Recording No, 20020724000972. Sound Transit! City of Federal Way MOA Federal Way Transit Center ! Parking Structure K:\Sollnd Transit\TOD Agreement 11.20.03 (final) '; ~-_. ----- . ¡ . -- - -- --- ---- -- . ----------- -~- -----. -------- ~III! fl'-I :< ¡i .... ~ j~" ~.~ -. VI ~I!~~~ .~r ð~ ~ .' J ~ j ~~ i (3< .; ~r= ~ ...>- t 17>:< u ::;01" :: <..> :! 1::< ~ ,,5 ~ :zg ~~ - - ---~-~ ~ :;¡ g ~ i , , / ,.' " l .~ 'I I /----. ( . ~-,.-::/ ---' . ~~þ:.;. E~; ~~-'~":'~:~~:';~:~'~~§~~;"::::'fl~~:-:-;~~;":Ç.'::~~~'"'5i;t.,:~;U.~' ~:::i ~ - "'---- -.- --- " Exhibit C Project Landscape Standards INTRODUCTION The Project is located at the southwest comer of South 3l6th Street and 23rd Avenue South, and is approximately 6.9 acres in size. The Project will include up to 14 bus bays, up to l,200 stalls, bus layover areas, passenger boarding areas, operator restrooms and public restrooms, street improvements, and public art. DESIGN INTENT Context-sensitive landscaping is used throughout the project. Planting beds and landscape planters appropriate to screen facades and to delineate and enhance pedestrian areas are used around the foundation of the garage, sidewalks, plazas, and transit center areas, while an "open area" planting scheme is used in future TOD Property. PEDESTRIAN SCALE LANDSCAPING The sidewalks and plazas surrounding and adjacent to the Project combine to provide a linear theme of movement throughout the Project. Sidewalks along the east-west and north-south axes of the Project and along South 316th Street are delineated by distinct paving and scoring, and connect to plazas containing seating, scored and colored concrete, lighting, trash receptacles, bicycle racks, public art elements, and plantings. These features combine to create an organized, safe, and attractive sequence of pedestrian linkages and amenities throughout the Project. Sidewalks and plazas will be accented with pedestrian-scale landscaping typical to urban pedestrian areas, including architectural landscape planters, and structured, ornamental trees and shrubs that preserve sight lines into pedestrian areas. FACADE SCREENING Planting areas on the east and west facades of the parking structure are designed to meet Federal Way City Code (FWCC) Sec. 22-1565(c), Type III "visual buffer" landscape requirements, and include a variety of evergreen and deciduous trees interspersed with large shrubs and groundcover sufficient to soften the appearance of building elevations. FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The landscaping design for the TOD Properties is intended to be passive in character. Interim landscaping in the TaD Properties will provide visual relief and shading while maintaining clear sight lines across the site. Sod will be provided throughout the TaD Properties and will be punctuated by deciduous trees at one tree per 3,500 square feet (a total of 15 trees) to create a passive, yet enjoyable, experience for both transit patrons and pedestrians. The interim landscaping will not be permanently irrigated; instead, Sound Transit will utilize temporary irrigation methods to properly maintain the sod and trees. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) Exhibit D TOD Properties Landscape Standards FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The TOO Properties will be designed to meet the City's "Open Area" landscaping requirements and provide an interim, infonnal "park like" setting for the use and enjoyment of transit center patrons and the public. Landscaping in the TOO Properties will provide visual relief and shading while maintaining clear sight lines across the site. The TOO Properties shall provide full expanses of lawn punctuated with plantings with no unfinished areas. The East TOO Property shall include a total of 20 trees (including 9 previously installed) surrouqded by compact shrubs, and pedestrian amenities including two benches placed at appropriate locations in relationship to other site improvements and with pedestrian linkage between benches and adjacent pedestrian areas. The West TOO Property shall include 10 trees (including 6 previously installed) surrounded by compact shrubs. All lawn areas will be irrigated, but xeriscape techniques are encouraged and trees and shrubs may be grouped to minimize irrigation while maintaining the landscape intent. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) JULY, 2001 AGREEMENT (AG #01-99) BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY FOR DEVELOPMENT OF A TRANSIT CETNER, PARKING STRUCTURE AND FREEWAY ACCESS; AND LEGISLATIVE RECORD APPROVING THE AGREEMENT ~~\~~~ AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR DEVELOPMENT OF A TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS THIS AGREEMENT is made and entered into this day of ,2001 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), 401 S. Jackson Street, Seattle, Washington 98104 and the CITY OF FEDERAL WAY, ("City"), a municipal corporation, hereinafter collectively, the "Parties", regarding the development of a transit center, parking structure and freeway access. RECIT ALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns, and the City maintains a system of streets within its corporation boundaries; and WHEREAS, Sound Transit and the City have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers; and WHEREAS, the central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express buslhigh occupancy vehicle ("HOV") system that will be integrated with local transit systems; and Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure OR! G\NAL " WHEREAS, Sound Move includes four projects in the City of Federal Way area: Federal Way Transit Center, Star Lake and Other Federal Way Park and Ride, 1-5 @320th, and 1- 5 @272nd Projects; and WHEREAS, Sound Transit Board of Directors, under Motion No. 2000-77 authorized renaming the Federal Way Transit Center Project the Federal Way Transit Center / Parking Structure Project, authorized re-allocation of budget from the 1-5 @320th, 1-5 @272nd and Star Lake / Other Federal Way Park-and-Ride Projects to the Federal Way Transit Center / Parking Structure Project, and established a new project budget of 30.6 Million Dollars; and WHEREAS, Sound Transit has been working closely with the City of Federal Way, City of Kent, the Washington State Department of Tran§portation and King County on the preliminary design and alternative evaluation of.Jhe projects, and has selected a staff preferred alternative which includes a transit center and a 1200-stall parking structure at the southwest corner ofS. 316th Street and 23rd Avenue S., and a direct access ramp at S. 317th Street; and WHEREAS, Sound Transit has prepared a preliminary Environmental Assessment documenting the environmental effects ofthe Federal Way Transit Center / Parking Structure and the 1-5 @320th, where the transit center an4 parking structure component will be referred to hereinafter as the "Project"; and WHEREAS, preliminary design infonnation and environmental data have been shared with the City and displayed in public meetings; and WHEREAS, the City has expressed its support of the preliminary design for the Project; and WHEREAS, the Sound Transit Board of Directors has adopted a Transit Oriented Development Policy with Motion No. 98-25, encouraging the development of transit supportive development at transit hubs; and WHEREAS, the City is willing to allow the use of a certain regional detention pond downstream of the Project site for the Project's stormwater detention purpose in exchange for Sound Transit's attempts to preserve space within the Project site for a future transit- oriented development; and WHEREAS, the City is in the process of implementing a street improvement project on 23rd Avenue S. in the vicinity of the Project; and " WHEREAS, accelerating a portion of the Project to coincide with the City's 23rd Avenue S. street improvements would be financially advantageous and minimize construction impacts to the public, and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 2 WHEREAS, Sound Transit is required to obtain various approvals from the City prior to constructing the Project; and WHEREAS, Sound Transit is required to obtain the approval from State and Federal agencies for constructing the Project; and WHEREAS, the City and Sound Transit wish to ensure adequate analysis of the potential environmental effects of the Project and the mitigation of any such effects, and wish to facilitate the future development of a transit-oriented development within and adjacent to the proposed transit center / parking structure if possible; and NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: AGREEMENT I. SOUND TRANSIT RESPONSIBILITIES 1.1 Project Design 1.1.1 Transportation Improvements Sound Transit will include in the Project's design, and in the Environmental Assessment's project description, a description of required mitigation measures to include the following: A new traffic signal at the intersection of23rd Avenue S. and S. 316th Street, to ensure adequate pedestrian access to the tran,sit center and parking structure. A new traffic signal at the intersection of23rd Avenue S. and S. 31 th Street, to ensure access and egress from the transit center and parking structure. 23rd Avenue S. frontage improvements to the Project site between S. 316th Street and S. 320th Street related to the Project as required by the Federal Way City Code. A future asphalt overlay of S. 317 Street pavement east of 23rd Avenue S. to address accelerated pavement wear as the result of additional traffic from the Project. In the event that the transit center and parking structure are completed before the new ramps are connected to 1-5 at S. 31 ih Street, interim measures will be taken sufficient to mitigate impacts arising or resulting from operation of the transit center and parking structure in the absence of the ramps. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 3 " 1.1.2 Stonnwater Management Sound Transit will include in the Project's design and will construct a stormwater treatment and detention system which meets the requirements of the Federal Way City Code (and the King County Surface Water Design Manual as incorporated therein), and which includes: (a) an on-site stonnwater treatment facility capable of treating the runoff from the Project site and from the widening of that portion of23rd Avenue S. draining to the Project site; and (b) an on-site underground stormwater detention facility capable of detaining two-acre feet of runoff; (c) a conveyance system sufficient to transport runoff from the Project site in excess of two-acre feet, runoff from 23rd Avenue S. Project site, and runoff from any future transit-oriented development on the Project site to the City's stormwater conveyance system downstream to the Project site. The on-site stormwater treatment facility will not provide treatment capacity for runoff from a future transit oriented development. To the extent possible, the on-site stormwater treatment and detention facility shall be sited in such a manner as to preserve sufficient space to enable future construction of a transit-oriented. development on land adjacent to 23rd Avenue S. between S. 31 ih and S. 316th Street. With respect to the stormwater detention, treatment and conveyance facilities described in this Paragraph, Sound Transit agrees to indemnify and hold the City harmless from any cost increases or damage claims of third parties pursuant to Section III of this Agreement. 1.1.3 Feasibility Analysis of Transit-Oriented Development ("TOD") / Agreement A. Sound Transit shall design the parking structure to include such ground-level retail and/or other transit-oriented development as consistent with and as required by the City Code. B. Sound Transit and the City will prepare and execute an agreement outlining a cooperative effort to identify an appropriate development that could be placed on the Project site and complements the transit center and parking structure. C. The agreement will also outline a potential approach whereby the Parties would identify a TOD developer and offer an opportunity to contract for developing a TOD consistent with Sound Transit Board, Federal Transit Administration ("FTA") and City policies and appropriate laws and regulations. D. The Parties agree that if Sound Transit enters an agreement with a TOD developer that requires the developer to make payment(s) for use of the property, the income will be divided between SoundTransit and the City in proportion to each respective agency's contribution or credit toward the TOD after deduction of any grant related repayment, if any. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 4 " E. The Parties acknowledge that any TOD development at the property may be subject to Federal-Transit Administration review and approval. 1.2 Environmental Review Sound Transit will respond to agency comments and submit the Environmental Assessment ("EA") to the FT A and Federal Highway Administration requesting a Finding Of No Significant Impact ("FONSI") for the Project. Sound Transit will adopt the EA for State Environmental Policy Act "SEP A" compliance. The City acknowledges that Sound Transit is currently the lead agency for the Project and that pursuant to WAC 197-11-600, there can only be one lead agency at a time or nominal lead agency for SEP A compliance per project. The City acknowledges that pursuant to WAC 197 -11-600(4)( a), the City may not subsequently and independently adopt the EA. Ifthe City is not §a1isfied. that the EA and Sound Transit's adoption of the EA fully address the impacts ,Öf the ProJect, the Parties acknowledge that the City retains all of its remedies as provided for inW AC 197-11-600 including the right to assume lead agency status. 1.3 Design and Review Process Sound Transit will continue to collaborate with the City to complete design and contract documents for the Project. Specifically: A. Prior to any construction of the Project, Sound Transit will apply for and obtain all land use and building permits required by the City Code, and will build the Project in - accordance with the Code and any conditions of such land use and building permits. B. Sound Transit will utilize existing preliminary design documents as the basis for final design, and will incorporate into the final design the design features identified through the design charette. Sound Transit will provide the City drafts of final design documents at key review stages, an opportunity to comment, and will incorporate revisions reasonably requested by the City for incorporation into the final design documents to the extent that such revision(s) do not adversely impact the. Project budget or compromise essential elements of the design. Revisions required by federal, state, local laws and regulations (including the City Code) will be incorporated. I . C. Sound Transit will investigate and explore with the City the possibility of designing the parking garage to accommodate a building above the garage. The City would be responsible for additional environmental analyses, documentation and processes under NEP A and/or SEP A, and the subsequent design, permitting and construction at a later date. If the Parties mutually agree such a structure is feasible, and if the Parties enter into a separate agreement setting forth cost allocations, design and other Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure 5 " parameters, then Sound Transit will make appropriate revisions to design documents to accommodate a building above tbe parking garage. D. Any changes to design documents requested by reviewing agencies shall be subject to review and approval by the City. In no case will a project revision be made that conflicts with the Environmental Assessment or FONSI or the SEP A adoption without applicable revisions as may be required by law to the Eflvironmental Assessment or FONSI or SEP A adoption. 1.4 Cost Responsibility A. Sound Transit agrees to pay the City $569,000.00 to make improvements to 23rd Avenue S., including new traffic signals at S. 316th Street and S. 31 ih Street as well as frontage and capacity improvements between S. 316th Street and S. 320th Street. Of this amount, up to $69,000.00 is available for right-of-way acquisition, with the ultimate total to be determined by Sound Transit based upon the per-square-foot value of the Project site paid by Sound Transit. The payment shall be due within 30 days upon receipt of properly submitted invoices based on work completed. B. Sound Transit agrees to pay the City $387,000.00 tòward the City's cost of addressing the off-site impacts of the Project on congested intersections identified in Exhibit A. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. C. Sound Transit agrees to pay the City $60,000.00 toward the City's asphalt pavement overlay program for the Project's impact on the S. 317th Street pavement east of 23rd Avenue S. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. II. FEDERAL WAY RESPONSIBILITIES 2.1 Project Design 2.1.1 Transportation Improvements A. The City will undertake the design and construction of improvements to 23Td Avenue S. and S. 317th Street described in Section 1.1.1 that are being partially funded by the Project budget. The design will be coordinated with Sound Transit's consultant designing the Project's on-site improvements and the freewày ramps at S. 31 ih and I- S. All reasonable effort will be made to ensure that the construction of23Td Avenue S. improvements are coordinated with on-site construction and that the 23Td Avenue South construction is complete 'prior to the scheduled opening of the Project. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure 6 " B. The City also agrees to undertake those improvements under Paragraph 1.4(B) and (C)ab9ve. . C. Payments made under paragraph 1.4(B) are subject to RCW 82.02.020, which provides for voluntary agreements to fund improvements that mitigate direct project impacts. The City agrees to use its best efforts to complete the improvements identified in Exhibit A within 5 years, as specified in RCW 82.02.020. However, if the City is unable to do so, it will notify Sound Transit in writing prior to the expiration of 5 years and inform Sound Transit of the City's anticipated implementation schedule and its reasons for delay. If the City cannot reasonably complete the improvements identified in Exhibit A within 5 years of the date of the City's receipt of the last payment as set forth in Paragraph 1.4 above, then pursuant to section 19-46 (b) (5) of the City Code, Sound Transit waives and releases its rights to receive a refund of fees paid or interest thereon that it might otherwise may be entitled to claim under RCW 82~02.020; provided, however, that such improvements are constructed by 2010. 2.1.2 Stormwater Management / Transit Oriented Development A. The City will make its regional detention system available to the Project, without cost to Sound Transit, for detention of runoff in excess of two acre-feet on-site underground detention facility proposed for the Project. B. The City will assist in developing a TOD agreement with Sound Transit that would outline the cooperative effort to identify an appropriate development that fits the TOD site and complements the transit center and parking structure. C. If appropriate, the City would become a party to the agreement between Sound Transit and the TOD developer. .' 2.2 Environmental Review The City will conduct environmental review under SEP A for the Project, and improvements identified in Paragraph 1.4(B) and (C) above. 2.3 Design and Review Process The City agrees to give priority to reviewing design documents of the Project, along with the 1-5@320th project prepared by Sound Transit's design consultants; except that if Sound Transit desires expedited review ofland use or building permits for the Project such expedited review will be at Sound Transit's sole cost. The City will facilitate the issuance of applicable administrative permits for the construction of the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 7 " The City will collaborate with Sound Transit to finalize the design, address agency requirements and public feedback, consistent with the other provisions of this Agreement. The City acknowledges that, except as provided otherwise in this Agreement, Sound Transit is not legally required to budget funds in excess of$30.6 Million Dollars to cover potential cost increases in the Project. 2.4 Cost Responsibility A. The City agrees to design and construct the improvements to 23rd Avenue-S. and S. 317th Street herein described and hold harmless Sound Transit from any cost increases or damage claims of third parties. B. The City agrees to waive all charges from the Project for the usage of regional detention pond downstream of the Project site in exchange for preserving a portion of the Project site for a future transit oriented development. C. The City and Sound Transit will jointly review grant funding opportunities and the City will take the lead to apply for grants for which money could be used to pay for the Project. III. LEGAL RELATIONS The City and Sound Transit shall comply, and to the best oftheir respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer ór employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shalL be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 8 '; against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by the City under this Agreement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and employees, with legal counsel acceptable to Sound Transit, which ácceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith, The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent permitted by law, Sound Transit agrees to indemnify and hold harmless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 9 " settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prev<;liling party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. IV. DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in Paragraph 5.2 below, shall communicate regularly to discuss the status ofthe task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the tenn of this Agreement. B. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days ofreceiving the written notice in an attempt to resolve the dispute. C. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Public Works Director or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager shall meet and engage in good faith negotiations to resolve the dispute. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 10 " E. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. V. MISCELLANEOUS PROVISION 5.1 Termination . Unless extended by mutual written agreement of Sound Transit and the City, this Agreement shall terminate only upon completion of the all of the following steps: (a) final acceptance of the Project as evidenced by the execution of a final contract voucher certification by the City and the Contractor for the Project; (b) disbursement by Sound Transit of the (mal payment to the Contractor; (c) proof of payment by Sound Transit of all sums required to be paid to the City by this Agreement; and (d) proof of Sound Tran~it's completion of all obligations required under this Agreement. 5.2 Notice All notices or requests required or permitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: City of Federal Way Attn: Cary Roe, P .E. 33530 First Way South Federal Way, W A 98003-6221 (253) 661-4131 (253) 661-4129 Address: Phone: Fax: Address: Sound Transit Attn: Vicki Cannard, Project Manager 401 S. Jackson Street Seattle, W A 98104-2826 (206) 398-5024 (206) 398-5215 To Sound Transit: Phone: Fax: ,Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure II " 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned to a bank, trust company, or other financial institution without such. approval. Notice of any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit. 5.4 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.5 Severability If any of the terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid term or provision were not contained herein. 5.6 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Amendment has authority to bind such person's respective entity. 5.7 Exhibits All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein. 5.8 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced therein. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 12 CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY' ("SOUND TRANSIT") . . Na!t£31f;~ Title t---3tJ.-d I Date fL Sound Transit I City of Federal WayMOA Federal Way Transit Center I Parking Structure , i " CITY OF FEDERAL WAY: ~:t~J!~ ~ N. Christine Green, CMC Approved as to form: ~L~ City Attorney, Bob C. Sterbank 13 1. /' 2, '--'", (3 'k .; \ : " . 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. ., Exhibit "A" Offsite Project Impacts SR-99 at S 320th Street SR-99 HOV Lanes Phase 1- S 31ih Street - S 324th Street 23rd Avenue S - S 31 ih Street - S 324th Street SR-99 at S 330th Street S 31ih Street at 14th Avenue S SR-99 HaV Lanes Phase 11- S 324th Street - S 340th Street th S336 Street at Weyerhaeuser Way S S 320th Street at 1st Avenue S S 31ih Street at 8th Avenue S S 320th Street HOV Lanes Phase I - 8th Avenue - SR-99 S 31ih Street at 28th Avenue S S 320th Street at 20th Avenue S S 336th Street at 9th Avenue S S 336th Street at 1st Way S SW 312th Street - 1st Avenue S - SR-509 ,,/ FEDERAL WAY TRANSIT CENTER 2001 TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS AGREEMENT May 3, 2002 LUTC MEETING February 21, 2001 CITY COUNCIL MEETING March 20, 2001 MEETING DATE: April 3, 2001 ITEM# J (þ¿) """""""""""""""""""""""""""""""""""""""""""""",,""""""""'"""""""""",,"""""""""""""""""""""""""""""""""""""""""""""'"""""""""" CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES """"""""""""""""""""""""""'-"""""""""""""""""""",""""""""""""""""",-"""....-""""","""'....................""""..."'" -"""""""""""""""""....--.-. CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS REARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ """"""""""""""""""""""""""""""......"....... "-"""""""""""""""""""",,,""""""""""""""""""""""""""""""""""""""""""""""""................., ATTACHMENTS: Minutes for March 20, 2001 regular meeting. """,,"""""""""""""""""""""""'".....................................................'""""""""","""""""""""""""""""""""""'.......,..........,..................,....."""""""""" SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requil'ement. """""""""""""""""""""-"""'-..."-'.-- """""""""-""""""",,,""""""""""""- """"""""""""""""""""-""'............""""""""""-"""""""""".. CITY COUNCIL COMMITTEE RECOMMENDATION: nla """""""""""""""""""""""""'.,........"""""""""""""""""""""""""""""""""""""""""""""""","""""""""""""""""""""""""""""""""""""""........ CITY MANAGER RECOMMENDATION: Move approval of the official minutes. """""""""""""""""""'---""'" "",-"""""""""""""""""""",,"""""'""""""""""""""""""""""""""""""""""""... APPRO VED FOR IN CLUSlO N IN CO UN CIL P A CKET:~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # .- I: \CO VER. CLERK-I /7/00 ~ I. II. III. a. b. c. d. e. f. IV. v. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chanlbers - City IIall March 20, 2001 - 7:00 p.m. (W"fV'.V. Ô.federal-woy. wo. us) ***** CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT A TrONS SPIRIT A ward/Month of March Proclamation/Sister City Tonghae Incorporation Anniversary Proclamation/Camp Fire's Absolutely Incredible Kids DJ!Y Parks/Recreation Commission Introductions/Certificates City Manager/Introduction of New City Employees City Manager/Emerging Issues CITIZEN COMMENT . PLEASE COMPLETE THE PINK SUP & PRESENT TO THE on CLERK PRIOR TO SPEAKING. Citizens may address Ciry Council at rhis rime. Vv'hen recognized by the Mayor, please come forward 10 rhe podium, adjust the microp/zone 10 proper heighr, and stare your name and addressfor rhe record. PLEASE L1M1T YOUR REMARKS TO THREE (3) M1NUTES. TIle Mayor may inrerrupt citizen comments rhar conrinue 100 long, relate negarively to orher individuals, or are orherwise inappropriare. CONSENT AGENDA (ltems listed below have been previously reviewed by a Council Commitree of three members and brought bcforefull Councilfor approval; all Ílems will be enacted by one motion; individual irClns may be removed by a Councilmember for separare discllSsion and subsequent motion.) a. b. Minutes/March 6,2001 Regular Mecting BPA Trail Phase III/Trail ConstructionlBid Award 23rd Ave S. Road Imgrovements Project - 100% Design AIJprova! and Authorintion to Bid Chamber 200 1 Tourism Service Amendment c. d. over please. . . FEDERAL WAY CITY COUNCIL Regular r\1eeting Council Chambers - City I-lall March 20, 2001 - 7:00 p.m. - DR~f1 MINUTES I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:02 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan, Eric Faison. City staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green. . II. PLEDGE OF ALLEGIANCE Deputy Mayor Kochmar lead the flag salute. III. PRESENTATIONS a. SPIRIT Award/Month of March City Manager Moseley presented this month's SPIRIT award to recipients Jean Porter, Sun So and Judy Dunker of the city's Human Resources Division, for their outstanding performance in providing service and assistance to all city departments in the area of recruitment and selection. In addition, they have worked extremely hard at innovation, thus creating efficiencies and eliminating paperwork whenever possible; they have also relied on many forms of technology to streamline processes to provide city staff greater access to employee information. b. Proclamation/Sister City Tonghae Incorporation Anniversary on April 1, 1980 Deputy Mayor Linda Kochmar read and presented the proclamation to Brian Picard, Vice- President of the Federal Way Sister City Association. c. Proclamation/CamR Fire's Absolutely Incredible Kids Day - Match 15th Deputy Mayor Linda Kochmar read and presented the proclamation to Leader Karen Ramsey and two 4(1\ grade students from Green Gables Elementary Camp Fire group. Fedeml Way Ci1.y Council Reguwr Meeting Minutes March 20, 2001 - Page 2 of 6 d, Parks/Recreation Commission Introductions/Ce.I1iflcate.s Councilmember Jeanne Burbidge introduced and presented new Commissioner Jo;1I1 Morrison with his appointment certificate. e. City Manager/Introduction of New City Employees Mr. Moseley announced the following new staff hires for the city: Carolyn Davis (Law Department); Stan Osborn and George Richen (parks Maintenance); and Mike Brewer (Public Works DepartmenUSurface Water). f. City Manager/Emerging Issues City Manager Moseley introduced Chief Anne Kirkpatrick who provided an update on police response to citizen concerns related to activities involving a specific residence in their immediate neighborhood. IV. CITIZEN COMMENT Barbara Reid - President-elect of the Federal Way Symphony, thanked the Councìl for their continued funding of symphony programs, and announced the symphony will be relocating their future productions to St. Lukes Church. Chuck Schukar - a resident of the Steel Lake area, spoke in favor of consent item (h), and urged the Council to approve the proposed agre«ment for waterfowl management as soon as possible since time is of the essence with the close arrival of this year's nesting season. Lori Geogeson - expressed her concerns about the activities of a residence in her neighborhood; she was advised the city's Police Department are well aware of the situation, and will be scheduling a block watch meeting for neighborhood residents in the very near future. v. CONSENT AGENDA a. b. Minutes/March 6, 2001 Regular Meeting - ApprOJ'ed BP A Trail Phase III/Trail ConstructionlBid Award - Approved 23rd Ave S. Road Improvements Project - 100% Design Ap-nroval and Authorization to Bid - Approved Chamber 2001 Tourism Service Amendment - Approved 2000 Tourism Enhancement Grant Award - Approved 200 1-02 Domestic Violence Advocacy RFP - Approved Jail lnterlocal AgreemenUCity of Fife - Approved 200 I Interlocal Agreement for Waterfowl Management Program - Approved c. d. e. f. g. h. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 3 of 6 Council member McColgan pulled consent item (c) for additional information. MOTION BY COUNCILMEMBER HELLICKSON TO APPROVE CONSENT ITEMS (a), (b), (d), (e), (f), (g) and (h); SECOND BY COUNCILMEMBER GATES. The motion passed as follows: Gates Koch mar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes Consent item (c): Public Works Director Cary Roe provided a brief update on the 23rd Ave So road improvement project. Deputy Mayor Linda Kachmar recused herself due to the fact her employer, Lakehaven Utility District, is involved with the project. MOTION BY COUNCILMEMBER MCCOLGAN TO APPROVE CONSENT ITEM (c); SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Gates Kachmar Hellickson McColgan yes recused yes yes Burbidge Park Faison yes yes yes VI. INTRODUCTION ORDINANCE a. Council Bill #264/ Amendments to FWCC Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes AN ORDINANCE OF THE CITY COUNClL OF THE CITY OF FEDERAL WAY. W ASHJNGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNIC[PAL CODE TO ADDRESS MAXIMUM HEIG£ITS AND OTHER MISCELLANEOUS CHANGES. Senior Planner Margaret Clark provided a briefing on the proposed ordinance amendments. MOTION BY COUNCLLMEMBER MCCOLGAN TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT THE REGULAR MEETING ON APRIL 3; SECOND BY COUNCILMEMBER FAISON. The motion passed as follows: Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 4 of 6 Gates Koch mar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes b. Council Billlt265/Snrint Wireless Site Lease/Franchise Agreement Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 99-359 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO SPRINT SPECfRUM, LP., A DELAWARE LIMITED PARTNERSHIP, TO OCCUpy RIGIITS-DF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCfING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATION CABLE WITHIN AND THROUGH THE CITY OF FEDERAL WAY. MOTION BY COUNCILMEMBER GATES TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT TI-IE REGULAR MEETING ON APRIL 3; SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Gates Kochmar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes VII. CITY COUNCIL REPORTS Councilmember Gates reported on recent regional transit issues-she will be reporting later on the Metro/King County proposed capital facilities and services 6-year plan. She announced the next regular meeting of the Finance/Economic Development/Regional Affairs Committee will be on March 28, at 9:00 a.m. Councilmember Burbidge thanked the Arts Commission and city staff for the outstanding reception held prior to the Council meeting-the reception recognized arts funding recipients. She reported on the most recent South County Area Transportation Board meeting, and announced the Parks/ Recreation/Human Services/Public Safety Committee will meet on April 9, at 12:00 noon. Council member HeLLickson thanked Chief Kirkpatrick and her staff for their quick response to 357111 Street area citizen concerns; he asked all residents of the area to be suppoI;1ive of future block watch meetings scheduled by the Public Safety Department. . Council member Faison said residents in his home area have also expressed concern for the welfare of the entire community-not only those in the 3Sr Street area. Federal Way CiLy Council Regul([r Meeting Minutes March 20, 2001 - Page 5 of 6 Council member McColgan reported on his recent participation at the National League of Cities (NLC) Conference held in Washington D. C.; he said it provided an excellent opportunity to observe what other cities in the nation are doing. He felt their meetings with U.S. Senators Patty Murray and Maria Cantwell were very productive. The next meeting of the Land Use/Transportation Committee will be held on April 2, at 5:30 p.m. Deputy Mayor Kochmar also reported on the NLC Conference-said it provided an excellent opportunity to lobby for future funding. She, too, felt the discussions with Senators Murray and Cantwell were extremely beneficial for our community. The Airport Communities Coalition will be meeting next week. Mayor Park echoed the remarks of Deputy Mayor Kochmar and Councilmember McColgan with respect to the recent NLC Conference. He reported the next meeting of the Sister City Association will be tomorrow, at 7:00 p. m.; the Economic Development Oversight Committee will meet on March 28, at 8:00 a.m. VIII. CITY MANAGER REPORT City Manager Moseley reported the city's new Interactive Voice Response (IVR) system; it allows builders to use their touch/tone phone to schedule inspections; it will provide improved services for all customers. He thanked Informational Services and Community Development staff for their excellent job in establishing the service. He updated the Council on the city's involvement in the regional e-Government Committee; there are nineteen other cities working togetherio implement e-Government services regionally. Mr. Moseley announced the Public Safety Department will participate in the annual Special Olympics fund-raising event being sponsored by the Red Lobster Restaurants. The city's Wellness Committee will be recognized in June (during conference) by the Association of Washington Cities (A WC) for their outstanding participation and creation of staff programs during the past year. It will be the second year the city has received special recognition-last year the Public Safety Department received an award for creation of their traffic schooL The City Manager expressed appreciation to the city's Public Safety Department for their outreach support during the recent loss of the Des Moines police officer-our department donated officers to cover the City of Des Moines prior to and during the memorial services. . .- City Manager Moseley announced the scheduled executive session has been canceled. Fedeml Way Ciiy Council Regular Meeting Minutes March 20, 2001 - Page 6 of 6 IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) - Canceled x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 8:02 p.m. N. Christine Green, CMC City Clerk ~ - MEETING DATE: March 20, 2001 ITEM# :tZ:( 0-.') .. .-. - - -.- . - -..- -.- --- . --.. ---- --..---.. -.-. - -, - - -.-- --.- --. ---. ---'-" -...- ..-- -'---'- ...._..-. --. - - - -""" --- ..-- """'-"- .-. -.. --."--- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 23rd Avenue S Road Improvements Project (S 316th to S 324th Street) - 100% Design Approval and Authorization to Bid - C A TEG oiW-:--'--'-"-'-"-"--"-"""'---"-""-"--"""-"-"'---""'-'--""--""'-'13 tjjjGET-ii\1:PA CT:"""'--'-""'-"'--""-'-"""""'--""-""""""'--"... ...."... _X_CONSENT _ORDINANCE _BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ -A TTACHMENTS:-'-"M e ñïõ--to-'thë L äñ<r"Use- "äiï2ï""Tranšportatl"õñ"Commlttëë'-dãtedFëbnïãry""2'C '.. 2Ö ö'i';"" Tacoma Public Utilities ILA; Lakehaven Utility District ILA; Sound Transit ILA; Memo to Council dated March 14,2001. ._-... ---......--- '--'-' -.-...-....- ---.- -. -, -' -..,.. -. ... -'- -'-' "'- ..-.-.. --- --.. i'ð"'- - - -.. -. h- ... -. .... - ..-. -. .-. .....-.... - ..-. -.- -., -_._-..- -. --.. -- SUMMARYIBACKGROUND: The proposed 23 Avenue S Road Improvements Projeét-'<ïë-sTgñ'-'haš"" been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: . City Center" beautification improvements, including utility underground conversion and construction of the downtown streets cape plan confonning to City Center Street Design Guidelines from 1-5 to the easterly limit of the S 320th and SR-99 Improvement project. . Sound Transit required frontage improvement along 23rd Avenue S. . Tacoma Public Utilities Water Division 72" casing pipe. . Lakehaven Utility District water and sewer utility adjustment and pipe replacement. In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. Copies of the proposed ILAs for Lakehaven Utility District, Tacoma Public Utilities and Sound Transit are attached for your consideration. Staff seeks Council's authorization to enter into these agreements. In addition, the proposed Sound Transit Agreement that was presented and approved at the February 21st Land Use and Transportation Committee meeting has been revised due to ongoing negotiations with Sound Transit and as a result staff has prepared the attached memo which outlines the said revisions. -'-"'The- to Tä r project"" ë osts -ãrë' -ës iÍñ1ãi ëëï -at' $ 9"J 6'9: 9 0 Ö:õõ ':--TIïë"t õ tar ã ~ãlîãbï e -fuñdT ñ g :-TñCl udln g' th ë pro po s e <r interlocal agreements, is $9,905,362.00. This project is on budget and we anticipate bidding the project in late March and awarding in early May. All required right of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. --CÏTY""CÕUÏ'[CÏÏ~'-CÕMMìTtEË--RECÕMMENfiATì 0 Ñ:At iis-Fëbn:ïãïY-'2T~2õõI mëëtIng. the-Cãñël Use and Transportation Committee forwarded the following recommendations: 1. Approve the 100% design plans for the 23rd Avenue South Road Improvements Project. 2. Authorize staff to bid the project and return to the City Council in May for pennission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed lnterlocal Agreement with the Lakehaven Utility District for the 23 rd Avenue South Road Improvements Project. 4. Authorize entering into the proposed Interlocal Agreement with the Tacoma Public Utilities Water Division for the 23rd Avenue South Road Improvements Project. 5. Authorize entering into the proposed Interlocal Agreement with Sound Transit for the 23rd Avenue South Road Improvements Project. ... .---.. .-- _m --- -...-------_. _.. ...-... - ... .'-- -.-.--.-,..----.--.-- ..-- '--- --"'" -- -- ""-""" .---. -'.. ""'-- ,-.--- -'- -"" ---.. --.. -... ...-...- --.... .-. ..-. -"-".. .---. .-..... ----.-- -- --"-----" ---. --- --"'------""fa"- CITY MANAGER RECOMMENDATION: Motion to approve the 100% design plans for the 23 Avenue South Road Improvements Project, and to authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. Further to authorize entering into interlocal agreements with Lakehaven Utility District, Tacoma Public Utilities and Sound Transit for the 23rd Avenue South Road Improvements Pro' t. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLE COUNCIL ACTION: - ---"""---'----"..-.--..--..--- --, '-" - "---" _. .-. .-- - -. --. ..-. -""""""'" .__m__- -... ---"'-'" .----..,---...,-------- _APPROVED DENIED T ABLED/DEFERREDINO ACTION k:\council\agdbiIls\2001\23 ave IOO%_doc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # City of Federal Way City Council Land Use[Transportation Committee February 21,2001 5:30 pm CitY Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. Approval of Minutes of the January 22, 2001, Meeting 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. 23rd Avenue South Road Improvements. Action Project (S. 316th_S. 3241h Streets) -100% Design Approval/Authorization to Bid Salloum/10min B. Twin Lakes Neighborhood Traffic Safety Project Action Perez/10 min 5. FUTURE MEETING AGENDA ITEMS 25% Nonconforming Street Issues 6. ADJOURN Committee Members: Dean McColgan Jeanne Burbidge Eric Faison City Staff: Kathy McClung¡ Director, Community Development Services Sandy Lyle/ Administrative Assistant 253.661. 4116 1:\LU-TRAflS\felJrud'Y 21, 2001 LUTC AGN.doc Memo to Council From Carr Roe INSERT HERE if ( 1(.. ~. " CITY OF ,..-. -~ EDE..RAL ~ ~ ~ 33530 1 ST WA V SOUTH ( MEMORANDUM DATE: March 16,2001 TO: Mayor Park and Federal Way City Council members Cary M. Roe, Public Works Director ~ David H. M~ger Revision to Draft~roposed Sound Transit Agreement FROM: VIA: SUBJECT: Background At the February 21st Land Use and TransportationCommitteemeeting,Public Work'sstaffpresented a draft of the proposed agreement between Sound Transit and the City for the development of a Transit Center, Parking Structure, and freeway access improvements. The draft agreement was presented with the understanding that the agreement may be subject to change pending final review by Sound Transit and that any revisions to the agreement would be presented to the full City Council. Since the February 21, 2001 LUTC meeting, Public Works and legal staff have completed the final negotiations and review process with Sound Transit staff and have attached the final draft of the proposed agreement for the City Council's consideration. Summary of ChangeslRevisions The following is intended as a summary of the most significant changes and/or revisions to the draft agreement that have occurred between the February 21, 2001 LUTC meeting and final draft of the proposed agreement included in the City Council agenda package for the March 20th City Council meeting. The final draft of the proposed agreement has been revised in several areas with respect to protecting Sound Transit in the event they need to condemn any of the necessary properties to facilitate their proposed project. These revisions include deleting references to assumptions for forty dwelling units in the proposed project and softening language concerning preservation of space within the project site for a future transit oriented development. The balance of the revisions will be highlighted by page number, agreement section, and title. Page 4, Section 1.1.3, Feasibility Analysis - subsection (A) was added to require Sound Transit to design the parking structure and/or TOO to include ground-level retail consistent with City Code. -----.'----___n- " " . Page 4, Section 1.2, Environmental Review - a new paragraph was added that consolidated portions of the previous Section 2.2 Environmental Review and provided clarification to whatthe City's roles and responsibilities are with respect to the Environmental Review ofthe Sound Transit project and what the City's remediès are underW AC 197-11-600iftheCity is not satisfied with Sound Transit's Environmental Assessment. Page 5, Section 1.3, Design and Review Process - additional language was added to subsection (C) to provide clarification on the City's responsibilities if the parties agree to pursue the redesign of the parking structure to accommodate a Building above the parking structure. ( . Page 6, Section lA, Cost Responsibility - subsection (B) was revised by deleting reference to the City's Transportation Improvement Program and inserting an Exhibit "A" that lists the , City's Transportation Improvement projects impacted by Sound Transit's proposed project. Page 8, Section III, Legal Relations - this section was added and a mutual indemnification was granted to both parties. . Conclusion In summary, the majority of the draft agreement presented to the Land Use and Transportation Committee remained in tact and the revisions that were made primarily provided clarification or direction. . . .'. cc: Project File (2) Day File k:\fonns\mem.doc :.f' " CITY OF -:08: Fn~ ~ ». AY" DATE: February 21, 2001 TO: FROM: Dean McColgan. Chair Land Use and Transportation Committee \ i ./ Marwan Salloum. Street Systems Manager ~ David H. Moseley. City Manager VIA: SUBJECT: , . 23n1 Avenue S Road Improvements Project (S 31~ to S 324110 Street) - 100% Design Approval and Authorization to Bid BACKGROUND The proposed 23M Avenue S Road Improvements Project design has been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: . City Center ~utification improvements, including utility underground conversion and constructionof the downtown streetscape plan confonningt¿{'City Center Street Design Guidelines from 1-5 to the easterly limit of the S 320dt and SR-99 Improvement project. . . Sound Transit required frontage improvement along 23'" Avenue S. . Tacoma Public Utilities Water Division 72" casing pipe. . .. . Lakehaven Utility District water and sewer utility adjustment and pipe replacement. PROPOSED INTERLOCAL AGREEMENTS In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. A copy of the proposed ILA for Lakehaven and Tacoma Pubtic Utilities is attached for your consideration. The Sound Transit ILA will be provided at the meeting. Staff seeks CouncWs authorization to enter into these agreements. PROJECT COST ESTIMATES Planning and Design Engineer's Construction Estimate $ 700,000.00 . 6,500,000.00 Includes City Center beautification improvements and 10% project contingency Construction Management Underground Conversion (PSE ) Right of Way Acquisition 600.000.00 369,900.00 1,000,000.00 S 320'" Street and 23«1 A venue S Includes the area needed for Sound Transit frontage improvements Total Estimated Project Costs S 9,169,900.00 " AVAILABLE FUNDING Grant Funding Mitigation Fund City Center Beautification Improvements 5,478,700.00 809,185.00 497,744.00 TIA $4,726,700.00 and STPUL $752,000.00 Landscaping, decorative lights, etc. S 320.h Street PSE and US West Underground Conversion Lakehaven Utility District Tacoma Public Utilities 337,400.00 Sound Transit 101,066.00 97,267.00 400,000:00 2,184,000.00 S 9,905,362.00 Utility replacement/adjustment cost Budgeted City Match Totat A vaitabte Budget This project is on budget and we anticipate bidding the project in early March and awarding in April.. All required right of way has been acquired. Construction will commence in May with an estimated substantial compl~tion date in Spring 2002. . ' . ..r j. ' RECOMMENDATION Staff recommends placing the following items on th~~ .March 6, 2001 Council consent agenda for approval: . ð.,{'"., t. Approve the 100% design plans for the 23rd Ã venue South Road Improvements'Project 0 2. Authorize staff to bid the project and return to the City Counéit in April for pennission to award the project to the lowest responsive, responsible bidder. . 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23rd Avenue South Road Improvements Project. . ' 4. Authorize entering into the proposed Interlocal Agreement with the Tacoma Public Utilities Water Division for the 23rd A venue South Road Improvements Project. . 5. Authorize entering into the proposed Interlocal Agreement with Sound Transit. cc: Projeçt File Day File k:\!utc\2001\23rd ave.IOO%.doc "" "', .: C', ;-J.e " ;" Or It, ., ì ~" . I ", ~hOq;'~'J " INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND TACOMA PUBLIC UTILITIES WATER DIVISION FOR THE 23RD AVENUE SOUTH ROAD IMPROVEMENTS PROJECf (SOUTH 316TH STREET TO SOUTH 324TH ST~ET) DRAFT ~l/c(¡ IJI ' TIllS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and the City of Tacoma Department of Public Utilities, Water Division (hereinafter "Water Division"). . WHEREAS, the City proposes to proceed with the 23'" Avenue South Road Improvements Project (South 316th Street to South 324th Street) (hereinafter ."Project"); and . WHEREAS, The Water Division is planning the construction of a water transmission line 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 3934 (InteriocalCooperation Act) permits localgov~ri.mental unitS to' make the most efficient use of their powers by enabling them to cooperate with othèrentitiesto provide services in a manner best serving the needs and devClopment of-their local communities; and WHEREAS, The Water Division can achieve cost savings and other benefits in the public's interest by contracting with the City to perfonn ce~in services for the Water Division, including letting a public works construction contract for the installation of a 72" casing pipe. .in connection with the Project (hereinafter "Water Division Work"), and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted 'and agreed by and between'theParties hereto as follows: L DESIGN. The Water Division shall provide the City reproducible.construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the Water Division Work to become a part of the plans and specifications for the' Project. The design work ~hall be. pclJormed by the Water Division's design contractor. -~-' II. BIDDING. A. It is the intention of the City and the Water Division that the Water Division 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. B. Following opening of construction bids on the Project, the Water Division shall be furnished with the bid responses submitted for the Water Division Work for the Water Division's approval. Within ten days of receiving the bid pricès, the Water Division shall notify the City in writing that the Water Division 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 Watee Division Work until the City has received approval from the Water Division for its portion of :'.the-bid ~'Vard; pròvided, however. ifno bids are receivëd which, in.,the estimation of the Water Division, are . .. ..8.Ccepta\)le to the Water Division for <the Waterbivision Work, the.Water Division shall so immediately .ifnotirytheCity.:'TheWater Divisi~nWoÌ'k shall be deleted fr~fu the project cÓntract and, in'this event; the " . City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the Water Oivision'snotice to the City of the Water Division's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide 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 perform all the duties vested by law in him or her. The Water Division grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Water Division sufficient to cany out the provisions of this Agreement. B. The Water Division shall furnish a construction observer to ensure proper compliance with requirements during installation of the Water Division Work. The Water Division's construction observer shall advise the City of any deficiencies noted. The Water Division's construction observer, however, shan not cómmunicate directly with or instruct the contractor directly on any matters regarding contract perfonnance. C. The Water Division shan notify the City, in writing, of any changes it wishes to make inthe plans and specifications which affect the Water Division Work, which changes shall be made, if feasible. The City shall notify the Water Division, in writing, of any changes required of the Water Division Work and shalt obtain the Water Division's approval of .such changes. The Water Division's approval shall not be unreasonably withheld. The Water Division shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the Water Division. IV. PAYMENT. A. The Water Division shall reimburse the City for all costs incurred by the City in performing the Water Division Work, which costs shall include but are not limited to the Water Division Work performed by the Project contractor(s), all Water Division requested changes, and the Water Division's cost of the City services described in Paragraph III (a) herein. prorated as described in Exhibit A. , B. All payments shalt be due from the Water Division to the City within thirty (30) days after receipt of invoice from the City of said sums billed to the Water Division. Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. " v. INDEMNIFICATION AND HOLD HARMLESS. .~-:-. ~ A. The City agrees to indemnify and hold the Water Division, 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 trom, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. . B. The Water Division 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 an 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 om issioRS of the Water Di vision, its agents or. employees, or by Water Division's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with . respect to any event occurring prior to such expiration or termination. Page 2 '. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (I) the Water Division rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. - VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, stonn drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Following completion of the construction and Citÿs 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 Water mains and appurtenances to the Water Division and the Water Division shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agr~ment 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 Water Division. Adherence to deadline dates is essential to the perfonnance 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 shaH remain in full force and effect. IN CONSIDERA 11 ON of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the tenns of this Agreement IN WIlNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CIlY OF FEDERAL WAY "-'r TACOMA WATER DMSION ~~ David H. Moseley, City Manager Water Superintendent Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: .; .'. Bob C. Sterbank, City Attorney K:\STREETS\PROJECTS\23RO\Taooma Watef\llA TACOMA-doc tnJlO I '. Chief Asst. City Attorney Page 3 . .' , . .... .. . . _.. -. -.'. '. EXHIBIT" A n 23RO AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316th STREET TO SOUTH 324TH STREET) ESTIMA TED DESIGN, CONSTRUCTION, PROJECT ADMINI8.TRA TlON AND CONSTRUCTION MANAGEMENTCOSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY RELOCA TION AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (ENTRANCO) ESTIMATED CONSTRUCTION COSTS Mobilization Construction Staking Traffic Control Labor Traffic Control Supervisor Adjust Water Meter vault Relocate Fire Hydrant Adjust Sanitary Sewer Manholes Adjust Water Valve Box Adjust Blow off Box Adjust PRV 12" Water Main Class 50 DIP Adjust Detector Check vault Relocate Side sewer Remove and Disposal of Asbestos Pipe Subtotal Construction Sales Tax @ 8.6% of Construction Cost $5,144.00 LS 1 @LS 240 hours @ $28.00Ihr. 24 hours @ $40.00/hr 4 @ $ 500.00/ea. 6 @ $2000.00/ea. 9 @ $400/ea. 24 @ $180.00/ea. 1 @$1000.00/ea 1 @ $ 1,500.00/ea 168@ $80/LF 1 @ $1,5oo.00/ea FA 168@$15/LF $ 6,100.00 $ 3,500.00 $ 6,720.00 $ 960.00 $ 2,000.00 $12;000.00 $ 3,600.00 $ 4,320.00 $ 1,000.00 $ 1,500.00 $ 13,440.00 $ 1,500.00 $11,500.00 $ 2.520.00 $70.660.00 Subtotal Constriction Including Sales Tax $ 6;077.00 $ 76,737.00 Construction Contingency (10% of Construction cost.) Construction Administration (5% of Construction cost) Construction Management (10% of Construction cost.) $7,674.00 $ 3,837.00 $ 7.674.00 $95.922.00 TOTAL CONSTRUCTION COST TOTAL ESTIMATED COST (Design & Construction) $101,066.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility Distnct's utility r€Jlocation porlion for reimbursement to the City. '-" .' . K: \STRE ETS\PR OJ E CTS\23RO\la~ e haven \lLA doc 1(23101 Page 4 . .~, ,:.-i:"" ", ~ t , ..