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Council PKT 04-06-2004 Special/Regular ~~ Federal Way City Council Meeting AGENDA COUNCILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kachmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk April 6, 2004 1. II. III. 1. II. III. IV. AGENDA (Revised) FEDERAL WAY CITY COUNCIL Council Chambers - City Hall April 6, 2004 (www.cityoffederalway.com) * * * * * SPECIAL MEETING - 5:30 p.m. CALL MEETING TO ORDER CITY VIDEO UPDATE ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. c. Swearing-In Ceremony/Police Officers 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 namefor 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. 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. a. b. c. d. e. f. g. h. 1. J. k. 1. V1. a. b. VII. VIII. IX. a. b. c. X. Minutes/March 16. 2004 Regular Meeting Orchid Lane Final Plat - Resolution Weyerhaeuser Way & So 336m St Roundabout Proiect/Bid Award West Branch & Main Stem Lakota Creek Restoration Proiectl 100 % Design Approval & Authorization to Bid So 288m St at SR99 Proiectl Access Issues SR99 at So 333rd St Median Break 2004 Human Services Commission Work Plan Proposed Changes to Human Services General Fund Application Process Property Disposition Services Agreement City of Auburn Jail Interlocal Agreement Purchase of Digital Cameras for Public Safety Work Plan Related to Potential City Center Redevelopment Strategies COUNCIL BUSINESS Adopting the 2004 Retreat Summary and Amending Council Rules of Procedure - Resolution Federal Way Farmers Market CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SES SI ON Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) Review Performance of Public Employee/Pursuant to RCW 42.30.110(1 )(g) 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 ON THE CITY'S WEBSITE UNDER "PUBLIC DOCUMENT LIBRARY" MEETING DATE: April 6, 2004 ITEM# ~) , CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: City Council Meeting Minutes CATEGORY: BUDGET IMP ACT: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft Minutes ofthe City Council regular meeting held on March 16,2004. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: ilia PROPOSED MOTION: "I move approval of the draft minutes of the City Council regular meeting held March 16, 2004." ~~~~~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D 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 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall March 16, 2004 - 7:00 p.m. ~þ.~"\ Q. Minutes 1. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of 7 :02 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 Federal Way Fire Chief Al Church led the flag salute. IlL PRESENTATIONS a. Proclamation/Sister City Donghae Incorporation Anniversary/April 1, 1980 Mayor McColgan read and presented the Sister City of Donghae Incorporation Anniversary proclamation to Vice-President ofthe Federal Way Sister City Association Mark Freitas. Mr. Freitas thanked Council for their support of the Association. b. Independent Salary Commission/Introduction & Certificate of Appointment Deputy Mayor Kochmar read and presented Adebola Christopher Adekoya with his certificate of appointment to the Independent Salary Commission. c. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce and introduce Isaac Conlen as a new Associate Planner in the Community Development Department. Mr. Moseley also announced Don Robinett has recently been hired as the new Surface Water Management Water Quality Specialist in the Public Works Department. Federal Way City Council Regular Meeting Minutes March 16, 2004 - Page 2 of 6 d. Emerging Issues/City Manager City Manager David Moseley gave a brief outline on the Preliminary Status of 2005-2006 Biennial Budget. In this presentation, he covered many items such as the 2003 Property Tax Distribution, Property Tax Levy Rate History, the Effect ofInitiatives, 2005-06 Budget Challenges, and the Budget Process itself. He noted the following four approaches: (l) Examine our business practices and consolidate services where possible, (2) Prioritize our services and programs for potential reductions, (3) Evaluate employee benefit costs/options (subject to bargaining), and (4) Examine revenue options. IV. CITIZEN COMMENT Kevin King, reported the success of the recent Human Services Forum, hosted by the Human Services Commission. He noted there were approximately 80 people in attendance for the forum, and many insights were found on the various needs in the community. Julie Grant, also reported on issues regarding the Human Services Commission. She noted the Commission is working hard and is looking for ways to work with the Council in light of the upcoming budget restraints. Jerry Thorson, spoke to Council in support of the Interlocal Agreement on tonight's agenda. He noted the Federal Way Fire Department has worked in cooperation with many different staff members on this project, ensuring the space and configuration would be beneficial to all involved, including citizens. Sheryl Nevers, spoke in support of pedestrians in the city. She requested the crosswalk at SR99 and 288th be put back in place and the timing on all the walk signs in downtown be reviewed for safety. Marie Adair, asked Council to restore the crosswalk at 288th and SR99. Juliet Sykes, spoke in opposition to the Christian Faith Center; she noted the meeting held last night was not thorough enough and did not cover the water quality concerns. Mark Freitas, spoke in support of the Federal Way Fire Department Interlocal Agreement on tonight's agenda. He agreed it was a wise move for public funds. V. CONSENT AGENDA a. b. Minutes/March 2, 2004 Regular Meeting -Approved Vouchers-Approved December 2003 Quarterly Financial Report-Approved 2004 Asphalt Overlay Project/Bid Award-Approved c. d. Federal Way City Council Regular Meeting Minutes March 16,2004 -Page 30/6 e. Lakota Wetland Regional Stormwater Facility Improvements Proiect/lOO% Design Approval & Authorization to Bid-Approved 23rd Ave So & So 314th St (Private Road) Traffic Signal ProiectllOO% Design & Authorization to Bid-Approved Federal Way Fire Department Interlocal Agreement/City Hall Lease- Approved Airport Communities Coalition (ACC) Interlocal Agreement-Approved f. g. h. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER FAISON SECOND. Deputy Mayor Kochmar pulled item (f)/23fd Ave So & So 314th St (Private Road) Traffic Signal Projectll 00% Design & Authorization to Bid. Councilmember Faison pulled item (g)/Federal Way Fire Department Interlocal Agreement/City Hall Lease. The main motion to approve items (a), (b), (c), (d), (e), and (h), passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Item (D/ 23rd Ave So & So 314th St (Private Road) Traffic Signal Proiect/l00% Design & Authorization to Bid: Deputy Mayor Kochmar spoke on the background of this item and was pleased to let the citizens of Meridian Court know they are getting the traffic signal they first asked for in 1999. She noted this item was budgeted and will be funded through CIP Funds and Community Block Grant Funding (CDBG). DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF THE 100% DESIGN PLANS AND AUTHORIZE STAFF TO BID THE PROJECT, RETURNING TO THE COUNCIL FOR AUTHORITY TO AWARD THE PROJECT TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER; COUNCILMEMBER FERRELL SECOND. The 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 March 16, 2004 - Page 4 of 6 Item (g)/Federal Way Fire Department Interlocal Agreement/City Hall Lease: Councilmember Faison noted that as part of the process of moving to a new city hall, we have worked with our sister organizations such as the Fire Department to consolidate services and better improve the permitting process. COUNCILMEMBER FAISON MOVED APPROVAL THE FEDERAL WAY FIRE DEP ARTMENT INTERLOCAL AGREEMENT/CITY HALL LEASE, CO- LOCATING THE FIRE PREVENTION DIVISION AT THE NEW CITY HALL PERMIT CENTER. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes V1. CITY COUNCIL REPORTS Councilmember Ferrell reported on upcoming committee meetings and encouraged citizens to attended the Parks/Recreation/Human Services/Public Safety Committee meeting, and the Finance/Economic Development/Regional Affairs Committee where many issues are also discussed. He also encouraged citizens to keep up to date on the Christian Faith Center project via city hall and web site postings, to be active and express their opinion. Councilmember Park reported the Korean Leaders Meeting would be held Thursday, March 18th at 6:30pm in the Council Chambers and encouraged everyone to attend. Councilmember Burbidge reported on the South County Area Transportation Board meeting she attended, and the Regional Transit Committee meeting in Seattle she would be attending tomorrow, and announced the next meeting of the Parks, Recreations, Human Services, Public Safety Committee meeting would be held Thursday, March 18th at 5:00 pm in the Mt. Baker conference room. She reported the next Sister City Association meeting is tomorrow, March 1 ih in the Mt. Baker Conference room and encouraged citizens to attend upcoming events in the community. Councilmember Dovey thanked Human Service Commissioners Kevin King and Julie Grant who came forward and updated the Council on their projects. He noted he attended their planning meeting and was very impressed with the caliber of people who volunteer for the citizens of Federal Way. He noted the next meeting of the Land Use/Transportation Committee would be Monday, April 5th in Council Chambers. Councilmember Faison thanked Mr. Moseley, for his report on the budget, and echoed his concern over the budget deficit the city is facing. He further emphasized the significant Federal Way City Council Regular Meeting Minutes March 16,2004 -Page 5 of6 impact of the budget shortfall, and asked for public input, and strongly encouraged citizens to become involved now more than ever. He announced the next meeting ofthe Finance/Economic Development/Regional Affairs Committee would be Tuesday, March 23rd at 5:30 p.m. in the Mt. Baker Conference Room. Deputy Mayor Kochmar reported on her recent attendance along with Councilmember Park at the National League of Cities Conference in Washington D.C., where funding for three separate projects was requested through the legislators. She also noted she attended the National League of Cities Crime Prevention Committee regarding homeland security. She thanked the Human Service Commissioners and commented on the request for the 288tl1 crosswalk. Mayor McColgan thanked his colleagues who have attended various events on his behalf recently. VII. CITY MANAGER REPORT City Manager David Moseley noted there are many copies of the budget power~point presentation he gave earlier, for anyone wishing to review them. Mr. Moseley noted the State Legislature adjourned Thursday and although it was an overall good session for cities, they unfortunately did not take action on the Streamline Sales Tax which is a very big issue for the city. He reported our lobbyist, Doug Levy, will be at next week's FEDRAC meeting to present an end-of the session report to Council. He was pleased to announce volunteers will be installing new playground equipment at Olympic View Park, as this playground was a top priority, and the purchase was authorized last winter. City Manager David Moseley reported on the renovations to the new city hall project are ongoing and are on time and approximately $200,000 under budget. He thanked Assistant City Manager Derek Matheson and Property Services Manager Steve Ikerd who have taken charge of the renovations. He further reminded the Council for the need for an executive session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) and property acquisition pursuant to RCW 42.30.110(1)(b); for approximately forty-five minutes with no action anticipated. VIII. EXECUTIVE SESSION At 8:15 p.m. Mayor McColgan announced the Council would be recessing into Executive Session. Federal Way City Council Regular Meeting Minutes March 16,2004 -Page 6 0/6 a. b. Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) Council returned to Chambers at 8:55 p.m. IX. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at 8:55 p.m. Stephanie Courtney, CMC Deputy City Clerk MEETING DATE: April 6, 2004 ITEM# ~ ~ -'--"""""""'-""""'-"-"""-"""""""""""'-"-"-"--,,,,,,--"'-'----""""'-"'-"-"-""""""'--""'".-.......-....-....-..--.......---....................-..-.....-..,-"""""",-"",-""""--""""",--,,,,"--"--""""'-". ..........--- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Orchid Lane Final Plat, File No. 03-103107-00-SU CATEGORY: BUDGET IMPACT: IZI CONSENT IZI RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $none ..............................................-....... .......---.,-...-....... ,.......-.....-........--.-.....-............................"""'-"""""-""""""""""-"""""-""'---""'--.--......--...---.. ........-.............---.......-....................-..-...................-..-..-..,.-....----.-.....-..........-'- ATTACHMENTS: March 9, 2004, staff report with attachments to City CouncillLand Use/ Transportation Committee, including draft Final Plat Resolution. ......................-.............,....................--.. -..-....................-...-..---..-...-.........-...............-.-.........--...-...----....--...--....-...----.........-....,-.- ..................................... ..--.......-.........,........................ ""'-....-"'-' -..-......---.............................., SUMMARYIBACKGROUND: The applicant has submitted a request for final plat approval for the 50- lot Orchid Lane subdivision. The Federal Way City Council approved the Orchid Lane preliminary plat on December 3, 2002. The City Council Land Use/Transportation Committee (LUTe) reviewed the final plat application at their March 15,2004, meeting. .--.-.......-.. "-...-. "'-""".--"'-..........................."-'--...-.-.........-...--.--.....'-"'-----""""'---"'---""'--"'---""""""""""""'-"'--"""""""""""".........................'""""-......... ..........-........""""""""""""'"-.......-...., CITY COUNCIL COMMITTEE RECOMMENDATION: TheLUTC voted to recommend approval of the Orchid Lane final plat application to the full City Council. ,-................................................--.-.-..-......""'-"""""""""""""""-"""""-"-"-.......................-.......-......-.......................-............."""""""""""'..-..-..""""'--" ..............'-"'-'-"-"""""""""""""""""""""""""..""""""'-"-"...................-""""""""""""""""".........-....... PROPOSED MOTION: "I move approval of the Resolution approving the final Plat of Orchid Lane." ~~..- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) """""""""""""""""'-"-"-""-....-.......................... COUNCIL ACTION: D APPROVED D DENIED D 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 File #O3..1O31O7..00-SU Doc ID 26436 ~ CITY OF (/JI' ~ Federal Way MEMO RAND UM DATE: March 9, 2004 To: Jack Dovey, Chair Land UsefTransportation Committee SUBJECT: Jim Harris, Senior Planner David ~r Orchid Lane Final Plat Application Federal Way File #O3-103107-00-SU FROM: VIA: I. STAFF RECOMMENDATION Staff recommends that the Land U sefTransportation Committee forward to the City Council a recommendation approving the Orchid Lane Final Plat Resolution. II. Summary of Application This application requests final plat approval for Orchid Lane, a subdivision of 50 single-family lots on approximately 15.9 acres. The Federal Way City Council granted preliminary plat approval for the 50 lot residential subdivision on December 3, 2002. The Orchid Lane subdivision is generally located at the northwest quadrant of the intersection of 12th Avenue SW and 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 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-136(b) are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the plat has been constructed in accordance with the approved preliminary plat, the final plat, and the applicable FWCC requirements. III. REASON FOR COUNCIL ACTION The final decision for final plats rest with the City Council in accordance with FWCC Section 20- 136(b). Bringing this matter before the City Council Land UsefTransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. IV. PROPOSED MOTION I move that the Land Use/Transportation Committee forward to the City Council, and place on the April 6, 2004, City Council consent agenda, a recommendation approving the Orchid Lane Final Plat Resolution. APPROVAL OF COMMITTEE REPORT: ~..-4f Eric Faison, Member å. Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT APPROVAL I. ORCHID LANE FINAL PLAT File No. 03-103107-00-SU RECOMMENDATION City of Federal Way staff has reviewed the final plat of Orchid Lane for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Date: Request: March 9, 2004 Request for final plat approval for Orchid Lane Subdivision Description: Orchid Lane is a proposed subdivision of 50 single-family lots on approximately 15.9 acres. The 50 lot Orchid Lane Preliminary Plat was granted approval by the Federal Way City Council on December 3, 2002, per City Council Resolution 02-379. Owner: Surveyor: Location: Sewage Disposal: Access to Orchid Lane is from 12th Avenue SW or from SW 344th Street, west of 12th Avenue SW. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements have been constructed or are financially guaranteed. Harbour Homes 1010 South 336th Street Federal Way, WA 98003 Barghausen Consulting Engineers, Inc., 425-251-6222 18215 nod Avenue South Kent, W A 98032 At the northwest quadrant ofthe intersection of 10th Avenue SW and SW 344th Street. In the NW V4 of Section 19, Township 21 North, Range 4 East, W.M, King County (Exhibžt A- Vicinity Map). Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County District No. 39 School District: Federal Way Public Schools, No. 210 Report Prepared By: Jim Harris, Senior Planner III. HISTORY AND BACKGROUND Orchid Lane is a proposed subdivision including 50 single-family lots on approximately 15.9 acres, with approximately 2.4 acres of usable open space and 2.2 acres of wetland and wetland buffer (Exhibit B- Final Plat Map). A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Orchid Lane is enclosed (Exhibit C - Orchid Lane Final Plat Resolution). The 50-lot Orchid Lane Preliminary Plat was granted approval by the Federal Way City Council on December 3, 2002, per City Council Resolution 02-379 (Exhibit D - Preliminary Plat Map and Exhibit E - Resolution 02-379). Zoning for the 15.9 acre site is Single-Family Residential (RS) 7.2. The Orchid Lane plat is a cluster subdivision under the codes in place at the time of complete preliminary plat application, and the minimum permitted lot size is 3,600 square feet. Lot sizes on the Orchid Lane Final Plat range from 4,532 to 8,942 square feet, with an average lot size of approximately 5,593 square feet. The applicant filed for final plat approval on July 29,2003. Improvements installed under file number 02- 105745-00-EN are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-136 ofthe 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 Orchid Lane 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. A proposed resolution of the City of Federal Way, to approve the final plat of Orchid Lane is enclosed (Exhibit C). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval in the same order referenced in Federal Way City Council Resolution 02-379. Required improvements have been substantially completed or are financially secured as allowed by FWCC Section 20-135. I. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Levell stormwater runoff control (detention) for the majority of the site shall be provided by the Panther Lake Regional Stormwater Facility. The developer is required to Orchid Lane Final Plat Staff Report File #O3-103107-00-SU / Doc ID 26043 Page 2 analyze the downstream drainage system to the Panther Lake Regional Stormwater Facility to verify adequate capacity, to design and construct new conveyance facilities; and to reconstruct any portions of the conveyance system necessary to accommodate the increase in runoff. In addition, the applicant will be required to pay a pro-rata share for off-site detention capacity to be determined by the City. The final plat shall not be recorded and construction of the offsite drainage conveyance system shall not begin until the necessary off site easements have been recorded. The developer shall provide a treatment and detention facility for runoff from the remaining portion of the west basin that cannot be conveyed to the east basin due to topographic constraints. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. Staff Comment: This condition has been met. A stormwater quality pond was constructed per the 1998 King County Surface Water Design Manual (KCSWDM) and City of Federal Way Addendum requirements. This development will utili:re the Panther Lake Regional stormwater facility to meet detention requirements per the 1998 KCSWDM. This included construction of an adequate downstream conveyance system down to the existing system on SW Campus Drive and reconstruction of any existing portions of this conveyance system as needed to accommodate the increase in runoff downstream to Panther Lake. The applicant has paid the required pro-rata share of$27,578.88 (@ $1,728/acre) to the City for offsite detention capacity. 2. The final plat drawing shall establish Tract A as an open space tract to be owned in common and maintained by the homeowners association of the proposed subdivision. The final plat note shall include provisions prohibiting removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the final plat map that the open space tratts shall not be developed with any buildings, and may not be used for financial gain. Staff Comment: This condition has been met. Note number 5 on the final plat and the note regarding, ".. . restrictions for environmentally sensitive area tracts and sensitive area buffers" implement this condition of preliminary plat approval. 3. Prior to issuance of construction permits, a final 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 landscaping in Tract B; B. Street trees in right-of-way landscape planter strips; C. Significant tree preservation and replacement plan; and D. Visual screening of the storm drainage Tract C from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and vegetation comparable to a FWCC Type III buffer shall be provided between the Tract C fence and 12th Avenue right-of-way. Orchid Lane Final Plat Staff Report File #O3-1O31O7-00-SU / Doc ID 26043 Page 3 Staff Comment: This condition has been met. A landscape plan was reviewed and approved and has been implemented in accordance with the approved plan. 4. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS), as amended by the City of Federal Way for this project, including the street improvements identified in staff report Finding of Facts Number 18. Staff Comment: This condition has been met. The street improvement plan was reviewed and approved by the City prior to construction of the plat infrastructure. The street improvements have been installed and accepted by the City, with the exception of minor punchlist items. 5. Mass clearing and grading of the plat is permitted for infrastructure construction and lot clearing. However, all of Tract A and approximately % of Tract B will remain undisturbed. Staff Comment: This condition has been met as required by the preliminary plat condition. 6. Non-motorized access Tract F shall be owned and maintained by the homeowners association, as it is an extension off a private access tract. Tracts I and J will be owned by the public. Maintenance and ownership provisions of these tracts must be identified on the final plat. Staff Comment: This condition has been met. The plat notes identify that Tract F is owned and maintained by the homeowners association. As requested by City staff during the engineering plan review, Tracts I and J shown on the approved preliminary plat map were consolidated into one pedestrian tract on the final plat, which is Tract 1. Note number 12 on the final plat map identifies that Tract I is to be dedicated to the public. 7. Prior to final plat approval, the applicant shall either construct four speed humps to City standards, or contribute $8,000.00 to the City for implementation of traffic calming devices to mitigate project impacts. Staff Comment: This condition has been met. The applicant has paid the City $8,000.00. v. COMPLIANCE WITH SEP A MITIGATION MEASURES The following lists SEPA mitigation measures in the same order as on the July 3,2002, Mitigated Determination of Non significance (MDNS) for the proposal. Required improvements have been substantially completed or are financially secured as allowed by FWCC Section 20-135. 1. Clearing, grading, and street/utility work for the plat and off-site improvements will not be permitted from October 31 to March 30, unless otherwise approved in writing by the Public Works Director. Staff Comment: This condition has been met. Clearing, grading, street construction, and utility trenching were all largely completed prior to October 31,2003. Required finish work, including trench backfill, asphalt paving, and concrete construction, continued past the October 31 deadline; however, these items served to further stabilize the site and did not create newerosion concerns. Orchid Lane Final Plat Staff Report File #O3-103107-00-SU I DoelD 26043 Page 4 2. Prior to final plat approval, the applicant shall provide and implement a plan for fencing and signage along the on-site perimeter ofthe 1 OO-foot wetland buffer. The fencing shall be of split rail or comparable material. Additionally, a minimum of seven educational signs shall be provided around the on site wetland buffers. A final plan for sign content (including wetlands are a valuable resource and dump no waste materials), sign placement, and fence design shall be developed by a qualified professional and provided to the City for review and approval by the City at the applicant's expense. Staff Comment: This condition has been met. A plan for wetland buffer fencing and signage was approved in conjunction with the engineering plan review, and the fencing and signage has been installed and completed per the approved plan. 3. The applicant shall reconstruct any portion of the City of Federal Way BP A Trail impacted by construction of on-site or off-site improvements associated with the Orchid Lane project. The trail reconstruction and realignment will be on both sides of 12th Avenue SW. Final trail design and construction plans must be approved by the City of Federal Way Public Works and P ARCS Departments in conjunction with final engineering plan review. Reconstruction of the trail shall be complete prior to final plat approval. Temporary construction impacts to the BP A Trail shall be minimized to the maximum extent feasible. Final engineering and construction plans must include a plan for maintaining trail access and use during construction of the project and associated street improvements. Staff Comment: This condition has been met. The BP A trail has been reconstructed per the approved engineering plan that was reviewed by P ARCS and Public Works Departments. 4. Prior to final plat approval, the applicant shall construct the following Transportation Improvement Plan (TIP) projects: a. S 348th St: 9th Ave S to SR 99 - Add ROV lanes, 2od NB left-turn lane on SR 99, install raised median and underground utilities b. S 348th St @ 1 st Ave S - Add WE, SB right-turn lanes, 2od EB, WE left-turn lanes c. S 356th St: 1 st Ave S to SR 99 - Widen to 5 lanes, bike lanes, sidewalks, illumination d. 21 st Ave SW: Extension from SW 356th St to 22od Ave SW - Extend 2-lane collector and signal modifications e. 10th Avenue SW: SW Campus Drive to SW 344th St - Extend 3-lane street In lieu of constructing these TIP projects, prior to final plat approval, the applicant may voluntarily pay a pro-rata share contribution of $135,500.00 toward the impacted TIP projects. Staff Comment: This condition has been met. The applicant constructed significant frontage improvements on a portion of the lOth/12th Avenue TIP project. In part, these frontage improvements fulfill a portion of the SEP A mitigation for impacts to this TIP project, in an amount equivalent to a pro-rata payment of $58,300.00 toward this TIP project. The applicant has paid the City $77,200.00 for the remaining pro-rata share mitigation of impacted TIP projects listed above, a-d. Orchid Lane Final Plat Staff Report File #O3-103107-00-SU / Doc ID 26043 Page 5 VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, 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 or are financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances, or other land use controls. Staff Response: This criterion has been met and/or is financially guaranteed. The plat meets the cluster subdivision lot size requirements in place at the time of complete preliminary plat application. Pursuant to FWCC Section 20-155, the plat provides 15 percent of the site as usable open space. The wetland in Tract A is protected with a 100-foot undisturbed buffer. Infrastructure improvements are substantially complete, except the streetlights, and must be completed within six months of final plat approval. As provided in FWCC Section 20-135, performance and maintenance bonds are in place for completion of any outstanding improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or are financially guaranteed to be completed within six months of final plat approval. All life safety improvements have been completed. 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/or adequately financially guaranteed as discussed above, including: safe walking routes to school; on-site usable open space; drainage system installation; water system installation; sewer system installation; and street improvements. 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 Orchid Lane have been constructed and/or are financially guaranteed. The street improvements are complete, with the exception of the street lighting. The financial guarantees on file with the Orchid Lane Final Plat Staff Report File #O3-103107-O0-SU / OocID26043 Page 6 City will assure completion of the streetlights within six months of final plat approval. In addition, all water lines and sewer lines have been installed and deemed substantially complete as identified in the February 18,2004, letter of substantial completion from the Lakehaven Utility District. 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 ofthe final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Orchid Lane meets all platting requirements of RCW 58.17.110 and FWCC Section 20-136. Plat infrastructure improvements have been substantially completed and/or financial guarantees have been provided to assure completion of plat conditions within six months of final plat approval, as allowed by FWCC Section 20-135. The project has been developed in conformance with Resolution 02-379. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII. EXHIBITS Exhibit A Exhibit B Exhibit C Vicinity Map for Orchid Lane 8Y2 x 11 Reduced Copy of Orchid Lane Final Plat Map Final Plat Resolution of the City of Federal Way, Washington, Approving the Orchid Lane Final Plat 8Y2 x 11 Reduced Copy of Approved Orchid Lane Preliminary Plat Resolution 02-379 - December 3, 2002, City of Federal Way Preliminary Plat Approval of Orchid Lane Exhibit D Exhibit E Orchid Lane Final Plat Staff Report File #03-1 03107-00-SU / Doc ID 26043 Page 7 --. r"'-'-""""""""'-""""--""-'- != ~ ~i~ . !Þ;"!'.' ~: ~- '..., ~~.,ii:~ ,~, ~~~:~ i""": ~ ~J , hé! . ,~,,~:!!';:.. ~~~'.l;;, hi;:~~ '~l~~ . ~'~~~ãì ~1~£ I ?~l~ ~ ~~$ , i. ffl~~:-::.::~~.. ! i I I ¡ ¡ ! ¡ ¡ 5 ¡ ¡ ¡ ¡ I (ij , '4- 1- ¡ 0 Q) I ~i I 0 .~....... L==__._~-- ãi 0... 1ft <D 101.1- C~§ (t$ cn~- -J .E ãi :!2E.O ..c::= c.. OQ)o... --à:« 0 .... ................. >. aï S "'$~gg¡ Ii> '" ii -100, w ...J a. ill (I' ... ~~:s1 i1ti~ ~I~~æ:~: ~ % it U, Ii , . .. " r'" .' ~~:.:\:~;": ¡~\;<~" ", < . 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"'i5, i I EXHIB\T OF PAGE "',""I"'" J ORCHID LANE SECTION BEING A PORTION OF GOVERNMENT LOT 2 IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON MERIDIAN srnm ADDRESSES (AS - If( 1\Œ CITY f1' ftD<R.Il w;.Y) Wf I' 34317 - 131!1 PIJŒ sw IDT 2 34m - 13I!I PIJŒ SW wr ~ 34309 - 13I!I PIJŒ SW wr . 34305 - 131!1 PIJŒ SW (IIL~ . 1527 SW J4JRD 51) wr /5 342J1 - 131!1 P1.JŒ SW (;L~TE . 1526 SW 34JRO 51) lDr 6 34227 - 1J1H PIJŒ sw lDr 34223 - 1311< PlAŒ SW LOT . 34218 - UlH P1JŒ sw LOT 34217 - 13I!I Pt.iCE SW lDr 10 3421~ - IJ1H PIJŒ SW lOf 11 34m - 131!1 PIJŒ SW tOr 12 34207 - 131!1 PIJŒ sw LOT 13 34205 - 13TH PUŒ SW lOf 14 34201 - 13TH PIJŒ SW LOT 15 34117 - 1J11< PIJŒ SW IDT 16 34113 - 131!1 PIJŒ SW IDT 17 34109 - 1J1H PIJŒ SW lOf 18 34105 - 13TH PUCE SW lOT 19 .1<101 - IJ11< PtJŒ sw lOT 20 .1<102 - 13111 PtJŒ SW lOT 21 .1<106 - 13111 PUCE SW lOT 21 1314 - sw 3421<0 PUŒ (1IL"""'1!: . 34216 - 13TH PUCE SW) lDr ï2J 1310 - sw .1<21<0 PIJŒ IDT 24 1306 - sw 3421<0 PIJŒ lOT 5 1302 - sw 3421<0 PUCE lor", 1212 - SW J42NO PUCE lDf 27 1208 - SW 342N0 PIJŒ lOT 28 1204 - SW 342N0 PUCE lOT 34220 - 131!1 COURT SW (llLT!RIIATE . 1207 SW 342N0 P!JŒ) lOT 34222 - IJIH COURr sw lOT I 34m - 1JIH COURf SW LOr J2 34J02 - IJIH COI¡RT SW lOT J4JO4 - IJIM COURf SW lDr J4JO8 - 1J11< COURT SW lOT 34315 - IJIM COURf SW LOT J6 34311 - IJIH COURT SW lOT U 34JO7 - IJIM COURf sw IDT J4JOJ - IJIH COURf sw lOT 39 J4J01 - IJIH COURf SW lOT <0 34229 - IJIH COURf SW lOT 1 34225 - 131!1 COURf SW lor 42 34221 - 131!1 COl'RT SW (Al.1!:RMI.TE . 1307 SW 3400 P!JŒ) lOT 143 34224 - ,JIM PUCE SW (IILT!RIIATE . 1315 SW .1<00 P!JŒ) lOT .. 34228 - IJIH PIJŒ SW IDT 45 34232 - IJIH PIJŒ SIt IDT 46 J4JOO - IJIM PUCE SW lOT 47 J4JO6 - IJ11< PIJŒ SIt lOT <II 34310 - 1J11< PIJŒ SIt lOT 49 34314 - 1J1H PUCE SW lOT 34318 - 131!1 PUCE SW ~O~'&W~::.;:O2'. REffREt.tE - RECCRO cr SURVEY If( IÆlWl r. -. FtS REC. NO. 9.JO""""'" ~ ~ :; Po ~ " ::IUm:: /WEST OON!TÐI COAAER SEC11ON 19 rouND CONCRETE """UIIOO W/ lfJ) & rACK (2/00) - 1188"57'46"W 682.60' '- I -H88'~'22"W 128B4' (K~ lfIT46'W 600-' '~"P"'ES:~F::rT~"::.:s¡.""~'r........ (or' [il f:j* , I: ~ , 8 I; 6 I 5 ¡},~, ~ '(~58'22'W 2594,74' KCAS) 1;- ~I-KlT\H'I; ~ / ~ '>' /' L- i I I I I / /' L_V /' )/ lOO'I1PA~ IJ£ £ASÐ()(T &1«1. ~1!<572 I ~ ï:: 1 M: ~> r J /' /' I /~ I I . - N88"57'46"W »".47' -.' \CEH1ER SEC11ON 19 (CllLCUlJ.1ED POSITKI<) i d 0 0 100 200 400 r~.: '£"."';"""A""""~.J sc.t£; I" . 200' IIGENO {-""" rOlRÐ S[C11ON CORIIIR Of< QO;RTtR CORNER ...,., SECTIOH QU.\RfER COfHR (CllLCUH.1ED POSITION) (\) FWÐ IONUI/!IfI AS NOTED " I'I.4T CORNER SU (1<CAS) OIIÆIISION aTED Oft (JC coum -- SUIMY (II:E) IIIII!NSION aTED Oft ()(M);R( SURVEY CO!IIUC1ED If( IIMQWJSII< COIIS\.I.I1NC EHGMIRS DATED 5/27/03 (ESIj) DIIÆJISQH aTED Oft COI/1ROl WORI<SHEET - If( aN. tIC. DoI1ED 1/29/91 EXHIQIT ~ PAGE-L-OF --IlL 8 ! . ] ~ . ~ RESUBMITTED , JAN 26 2004 a a ~ Ó ~ ~ ~ o:s- fO:SIO7-<j>/^ ~ ~ / i 1 I ¡ Nooaqo<" Sul'O'õntendent of RocOO'do 'U~o+ ~' Dot, i¡ j.i¡ b~~i~Ü¡;dJÛüt~~I«).'07t5 CItY Rl£ NO. 03-103107-00-50 RECORDING CERTIFICATE: RoconfÕt1g No. IõIed '00' - ot the roquest of the City of Federol Woy this - dGy 01 , 200-, ot - _.. ,.01- _.O\."""...._..__01"""ot --~-, roc«ds 01 1(""9 County, Woshinglon. 0MS10N Of RECOf!OS N<O El.£CT1ONS lAND SURVEYOR'S CERTIFICATE: I h......y certify tho! thio plot or ORCHID lANE it bolOd upon on oc:lual lUtVey and lubdivision of Section 19, Township 21 North, Rongo 4 E..t, W.W.. thot the coursel ond distonc.. ore shown -Iy reon¡ thol tho monumont. will be 101 end Ih. 101 oM bloc e m. wöll be Iloked co....eelly on the 9-nd o. eonltrue it pl,t,d end thot I ho"" fully eompfied wölh the p . n ploW"9 Agulotionl. R. Wi SI1/4 OF NWV4 SEC. 19 T21N-R4E. W.M. SHEET 1 OF 6 ~ ORCHID LANE ( BEING A PORTION OF GOVERNMENT LOT 2 IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON SECTION LEGAL DESCRIPTION PARCa " ]>iE £'5T 600 'EET or 1><[ NOR1>< HAJJ' OF WE SO"'" rNO-mHS OF GOvEI"'""! LOT 2. S[CnON 19. TDW~SHIP 21 NORTH. RANGE 4 EAST. W".. IN KING COUNTY. WASHmGTON. 1><E NORTH AND soum LINES OF SAID TRACT TO 8E ?AAAltfL W1TH THE NORTH AliD SOUTH LINE OF 'WD GCVERNMENT LOT 2. "TUATE IN ThE CDoNTY or KING. STATE Of WASH"GTON. PARCIl 2: !hE EftS' 600 "ET Of THE SOU1>< ONE-Am< Of GOVERNMENT LOT 2. "CTIDN '9. TOWNSHIP 2T II()RTN. RANCE 4 EAST. W.". IN KINC COUNTY. W,\SHII'GTON. SITUATE IN "'E COUNTY or KINC. STATE Of W,lSHINGTON. PARCa, J, Tl<AT PORTION or GOVE,,"~ENT LOT 2. SEOTION 19. TOWNSHIP 21 NORTI!. RANGE 4 EAST, W.M" IN KING COUNTY WASHINGTON, DESCPiBED ,IS roLLDWS, ' BEGIN"NG AT TTiE NORM/EST CO"'E~ Of SAJD GOV[~N"ENT LOT 2; THENCE scum "-ONG THE WEST UN!: 412 FEET; ThENCE EAST 272 F'E[T TO THE TRUE POINT Of 8EGIN"'NG OF 1><E TRACT HEREIN DESCRIBED' "'ENeE EAST T009 "ET; ThENCE SOUTH >79 f'EET; WENCE WEST IDCa ITET: THENCE NORTH 379 FEET TO THE POiNT Of 9EGINNING. SITUATE IN THE COUNTY or ""G. SrATE Of WASHINGTON. DEDICATION KNOW "-l PEOPLE By THESE PRESENT> "'.AT WE. THE UNDERSIGNED OWNE", Of INTEREST IN THE LAND HE~EBY SUBOMOED, HEREBY DEW,", THIS PLAT TO BE THE G""PHIC REYRESENTATIO- or TtiE SV8DMSION "^DE HE~E- BY, ANI) DO HEREBY DEDICATE TO TIlE USE OF WE PUBlIC roRmRIlL STREETS AND AVE'JUtS NOT SlK)WN ,IS PR"ATE hER!:ON >1<0 DEDICATE THE USE THEREOr rOR AU. PU8l1C PU~POSES NOT INCONSISTENf W;TH THE USE TH£REOf FOR PU!JlIC "'G"WAY PURPOSES. AND "-SO THE RG.,T '0 \/A'Ë All NEOES,-"'Y SLOPES FOR CUTS ,"0 "US VPON THE LOTS 'NO TRACTS SHOWN THEREON IN THE ORIGiNAl R<-'SDNA9LE GRADING Of SAID SffiEETS AND AVENUES. A"D n¡!{'HE? DEDICATE TO THE us( 0<. THE PUBUC AU THE E'SEMENTS AND TRACTS SHO,," ON 'HIS PlAf FOR AlL PU8UC ?URPOSES AS "'DlCATED THERECt'. INClUQ<NG BVT NOT LIMITED TO PARKS OPEN SPACE uTIUTlt:S >1<0 _NAGE UNLESS SUCH EASEMENTS OR TR<CTS ARE SPEClRCAllY IDENTiFIED ON THIS PLAT AS BEING DEDICATED OR CD:NT:YEIJ TO A PERSON OR ENT11Y OMR THAN T}<E FUBUC. :N WHICH CASE WE DO HEREBY \\'ir"¡:'J~~~ fi'..~ SUCH STREETS. EASEMENTS. OR TRACTS TO THE PERSON O~ E'ITITY IDEN11AED AND FOR f'lJRTHER. "HE VNDERSIGNED OWNERS or THE l'NO HEREBY SUBDIVIDED. WANE AND RElEAS( FeR THEMSELVES, THEIR HŒS >1<0 ,lSSIGNS AND ANY Pl'RSON OR ENTITY DERIVING TITlE mo" THE uNDERSIGNED. Þm >1<0 AU. ClAIMS roR DAIIACES ACAINST !ME CIlY OF f'EDERA'- WAY. fTS SUCCESSORS ANO ASSIGNS WHICH "" BE OCCA- SIONED BY THE OESICN. ESTABUSHMENT, CONSTRüC~ON. OPERATION, FAA.VRE TO OPERATE. OR MAINTENANCE or ReADS .\NO/OR _NAGE SYST!:"S, AlTERAnONS OF THE GROUND SURFACE. VEGF:TATION, DRAINAGE OR SURFACE OR SUBSUR"'CE WA;£R f'L()\\'S "'THIN :HE SU8D1V1S10NS OR WlTH'N ANY DRAINAGE OR DETE1;nON rACJUT1ES DE- SIGNED TO RECEM' OR ACnJA:J,Y ~ECElv,"G DRAINAGE FROM THE SueDMS!ONS AND 1H( CIlY Of f'E0EAAl WAYS REV!EW >1<0 _ROVAL or PLANS >1<0 PERMITS FOR SAME OTHER THAN ClAIMS RESULTING f'ROU 'NADEOVATE MAINTENANCE BY THE: CITY OF f'EDERA'- WAY. FURTHER, 1H£ VNDERSIGNED OWNERS or THE W<O f<ERE8Y SUBOMOED, ACRŒ rOR THEMSElVEs. THEIR HEIRS >1<0 ASSIGNS TO INOEMNIN, HOLO HARWLESS. >1<0 O£fEND THE CIlY Of rEDERA!. WAY, ITS SUCCESSORS >1<0 ASSIGNS, rROM ""0 AGAINST ANY D^"ÞoGE:. INCWO4NC ANY COSTS or DEf'ENSE, ClAIMED BY PERSONS WITHIN OR W1THQUT THE SUBDMSIONS TO HAVE 8EEN CAUSED BY THE DESIGN. ESTABLISHMENT, CONSTRUCTION, OPERATION, rAiLURE TO OPEI<IoTE, OR MAiNTENANCE or ROAOS >1<D/OR DRAINAGE SYSTEM. "-TERATIONS Of THE GROUND SVR- rACE, VEG[WION. -NAGE. OR SURrACE OR SUBSVRrACE WATER F1.OWS WiTHIN THE SU8OMSIONS OR WITHIN >1<Y ORAINAGE OR DETENTION FAOLmES DESIGNED TO RECEIVE OR ACT1JAU.Y RECEIVING DRAINAGE mOM THE SoJII- DMS:ONS AND THE CIlY or mJERAL WAYS RE\1EW >1<D APPROV"- OF PLANS AND PrRWIS rOR SAME, PROVIDED, THIS WAIVER >1<0 1N00000NlflCATlCN SH'J..L NOT 8E CONSTRUED ,IS RElEASiNG THE CITY or f'EDEAAL WAY. ITS SUC- ~ð'~ ~NTASS:";;E ~ \::~,~f o~~'àtv ~V~~.2'E w;'~,sir~r~~~~RtE5~L~G~M >1<0 1I<IS SU8DMSION, DEDICATION, RELEASE, INDE"NlFiCATIDN Of ClAI"S, >1<0 ACREE"ENT TO HOtD HAR"LESS IS MADE WiTH THE FREE CONSENf >1<0 IN ACCORDANCE W;TH THE DESIRES OF SAJO OWNERS. IN """ESS WhEREOF WE SET OUR HANDS >1<0 SEALS: HARBOUR HOMES IHC, A WASHIHGTON CORPORATION BY, fTS' !!ANK Of ""ERICA. HA BY, ITS; ACKNOWLEDGMENTS ~Ò~~FO:"Ki~~GTON ¡ ss. ~ C~l':rR~ ~~P~E~A~F~.iiS:;fT:; ~gE~'ik THAkKNOWlEDGED THAT (S)HE S<GNEO 1><IS INSTRU"I'NT, ON DAIl< STATED (s)HE WAS AU1HOR1ZED TO EXECUTE 1H( ~SIR\JIOO N<O N:KNOW\£DG(D IT AS T\<E OF IIARI!OUR HOlIES INC. TO BE THE fREE AND VOlUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN 1><E INSTRUMENT. DATED THIS_DAY Of_, 2004. NDTARY PU8UC IN >1<0 rOR THE STATE or WASHINCTON RESIOINC AT PRINTED NAt.lE COW"'SSION EXPIRES STATE Of WASHINGTON ! S$ c:outm' Of .,NG S' , CERTIFY THAT I KNOW OR HAVE SATISfACTORY [W)(NC( THAT IS THE P£RSON WHO N't'EAREO BEFORE \IE, AND SAjD P£RSON ACKNOWlEDGED THAf ~~ ~ ~ ~~ ~TEO (S)HE W,IS ~~ rg,. t.:= TO 8£ 11£ fRŒ AND 'oO..UNTARY N:T OF SUCH PART'( rOR THE USES AND PURPOSES IÆN11ONEO ~ THE 1NSffi\AIOO. DATED THIS_OAY or_, 2004, EXHI PAGE HOT""" PU&JC IH >1<0 rOR 1H£ STATE Of WASHINGTON RESIOtNG Af PRINTED -E COIIUlSSION EXPIRES CITY ALE NO. OJ-10J107-oo-SU p¡~\¡\m{ l[) MERIDIAN APPROVALS DEPARTMENT OF PUBLIC WORKS EXAMINED AND "'PPO":O THIS______DAY OF__n, 2004. PUAUC WëRKS DIR<CTOR.' --- DEPA,q-,MENT OF COMMUNlTf DEVELOPMENT EXAMiNED AND 'PPRo,m T"'S__DAY OF____. 2004. OI~ECTOR or COMMUtli'i"i'OMï.QP;;iËÑ,-- ------ FEDERAL WAY CITY COUNCIL EXAMINED .<'0 "'?ROVED T"'S_-_DAY or___, 2004. MAYOR AmST; CITY CLERK KING COUNTY DEPARTMENT or ASSESSMENTS E"""'NEO AND APPROVED THIS_DAY OF_. 2004, KINC COUNTY ASSESSOR DEPvTY KING' COUNTY ASSESSOR ACCOUNT NUMBER_- FINANCE DIVISION CERTIfiCATE I HEREBY CERnrr THAT AU ?ROPE~TY TAXES ARE PAID, THAT THERE ARE NO DELiNCUENT SPECw.. ,lSSESSMENTO CE~nnED TO 11<S OFFICE rOR COlCECTION ""D THAT "-L SPECi"- ,lSSESS"ENTS CERTIRED TO THIS ornCE FOR COLLECTIOl< ON ANY or T,'E PROPERTY HERf'1N CONT"NED. DEDiCAn:D AS STREETS. AllrtS OR FO~ "'W OTHER PUBLIC USE, ARE P~D IN FULL THIS_- DAY or______. ~OO<. FINANCE DI\'1SION MANACER, FINANCE DI\'1SION EASEMENTS AND RESERVATIONS ..." EASEMENT IS HEREBY RESER>ÆD FOR AND GRANTED TO PUCET SOUND ENERGY, OWEST CO""VNICA11ONS, COW- CAST, lAI<EHAVEN UTIlITY DISTRICT "'0 THEIR RESPEC11VE SUCCESSORS "'0 ,lSSIGNS, UNDER >1<0 vPON THE EN- nRE TRACTS "D', "[" >1<0 T', ,IS W!:lL ,IS 1H£ EXT[PI()R TO FEET. PAAAUEL WITH AND AlJJQIN'NG THE STREET FRONTAGE Of "-L LOTS >1<0 mAC1S (EXCEPT TRACT "Hi, ANI) THE EXTERIOR 10 FEET or LOTS 12 THROUCH 19 ADJACENT TO >1<0 ABUTTING T!<Þ.CTS "D' AND T, IN WHICH TO INSTAlL. CONSTRUCT, RENEW, OPERATE >1<0 ""'NTAIN UNOERCROUND CONDUITS, IUJN$, CA8l£S ANI) WIRES WITH NECESSARY rACIlITIES ANI) OTHER EOUIPMENT FOR THE PURPOSE Of SERVING THIS SUBDMSICN AND 01H£R PROPERTY WiTH ElECTRIC, TElEPHONE, TV, WATER, SEWER AND GAS SETMCE TOGETHER 'MT~ THE RIGHT TO ENTER UPON THE LOTS AT AU. TIMES rDR THE PURPOSE HEREIN STATED. tHESE EASEMENTS ENTERED UPON rOR THESE PVRPOSES SHAll B£ RESTORED ,IS NEAR AS POSSI8L£ TO THEIR ORIGINAl CONOmOH BY 1H£ UT'LITY. NO UNES OR WIRES rOR THE TRANSMISSION or ElECTRIC cœREJ(f, 1El£PHONE OR CA8I.E TV SHALL 8E PlACED OR BE P£RUITTED TO 8£ Pl'CED UPON - LOT UNUSS THE SAAlE SHALL BE UNOERCRQUND OR IN CONDVIT ATTACHED TO A BUiLOING. DOWNSPOUT NOTE "-L BULDING DOWNSPOUTS, FOOTING ORA:NS, AND DRAms mOM AU. "'PERVIOUS SURrACES SUCH ,IS PATIOS >1<0 DRIVEWAYS SHALL BE CONNECTED TO THE PERt.lANENT STOR~ DRAIN OUTL£f ,IS SHOWN ON THE API'ROVED CONST- RUCT1ON DRAWINGS, PERUIT NO. DHD574S-00c-OO-EN, ON ALE WITH 1><E CITY OF fEDERAl. WAY. THIS !'tAN SHAll. BE SUBM:1TED WITH THE APPUCÞ,TION OF "" 8UILC4NG PERMIT. "-l CONHEcnDNS OF THE DRAJNS \lUST BE CONSTRUCTED >1<0 APPROVED Pf<1OR TO THE mlA!. 8VIlDING INSPEGTION APPROVAL FOR THOSE LOTS THAT loR( DESIGNATED roR INt>MDUAl LOT INrLTRATlCN SYSTEMS, THE SYSTEMS SHAU. 8£ CONSTRUCTED AT 1H£ nME or THE BUILDING PE~MIT >1<0 SHAU. COMPLY WiTH THE PlANS ON ALE. AlL INDIVIOUAl STU8-0UTS AND INF1LTRATION SYSTEMS SHALL 8E PR"ATElY OWNfD >1<0 ""'NTAINED BY THE LOT OWNER. NO LOTS ARE APPRO>ÆD FOR "'DMDU"- "F1LTRATION SYSTEMS. SURVEYOR'S NOTES: 1. T\<E S(C11QK SU!OM5ION fQR ntS s(CTION 5 BASED ON TH!: KING COWIY AE"'l SUIMY ('CAS) S(CTION SUBOMSQ< OF SfC- 1100 ,g, TO'IOISltP 21 N" RN<GE 4 ~. W.W. "'D A CONTROL WORIISHŒT BY ESU. INC. I!ASIS OF BEAR!HG IS THE \\EST lI'IE OF THE NORTHWEST DI!AR1ER OF SEC1IOO 19. PER I<CJS (NOI'J5'i7"E). 2. THIS 5 . fIIlD T1IA\{RS£ SURVEY. . SO4OOA FI'I[-S(CONO lliC11ION1C TOT"- STATIOII WAS USID TO UEASURE THE AHGUINI N«! IICSTANCE R!L\11ONSItPS I!EIJŒN THE COIITRO1.UNG I«JI«.Wfl'ATIOII/ô SHOWN. Q.DS\,I¡[ I11I1OS Œ THE T1IA\{RS£ I/ET OR EXCŒDED THOSE SProFf!I ~ WN; 332-1JO-ogD. D1SToIIICE IÆIôIJ~NG EQUI>toIOO HAS 9ŒN CALJJRATED .f '" N.c.s. BASÐJNE - ONE Y£M OF THE !WE OF TH5 SUIMY. 1 PlAT CORfOS - STIIŒD IIITH 2' . PI?E. 24' III LfNGTH F1lUD 10TH CONCRETE. EXCIJ'f AS NOTED ON S!£ETS 4, 5 N<O 6. moo lOT CORHERS WIFE STIIŒD 10TH 3/4' GltVANZED IRON PIP[ 10TH P!AST1C CN>S IIN!IŒO "BeE 282JII'. REJR lDT CORHERS WERE STIIŒD 10TH 3/4' CI(\'IIZED mON PIP!: ..Il< PIAS11C CN>S IIN!IŒO "BeE 28238', EXCEPT AS NOTED ON S!£ETS 4. 5 N<O S. CITY OF ftOOIAl WAr STNI[).W) S1IIŒT IIONUIIOO1; - SET /J ROAD IlltERSECTIONS, PC~ PI'S, OR PI>. 4. I{R11CAI. QI1UI 5 NGW 19~ PER ~FORIIAtlON P\IO\1DED BY THE CITY OF FEDERAl WAY. IIDIC1<IIARK 5 RAII.ROIÐ SPIKE II< THE SOUTH FICE Of POWER POLE 311035 D S231!1 LOCATED SO' EAST OF CÐfTEIIIJ<E 12TH 'IÐ<UE SW, API'ROXIIIA11J.Y 185 fŒ1 NORTH OF THE CtI/TIRtJ( SW 346TH PlACL Ð.LW.1ION. 404.20 fŒ1. \Barghausen "', " . ~onsultlng Engineers, Inc. ~1~~_';:"d~~~;"n~n\aI- fdep/lol1e, (425) 251-&222 Far. (425) 251-8782 SW1/4 OF NWV4, SEC. 19 T21N-R4E. W.M. SHEET 2 OF 6 "O,-,""./>Io(;[ JO8 110. 10715 J j ~ 0 c 0 . . ~ ~ :3 0 0 ~ ~ ~ ~ ,g ~ . ~ I / " ~ -¡: t II i I ~ ORCHID 10,""V"'" LANE BEING A PORTION OF GOVERNMENT LOT 2 IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON SECTION PLAT NOTES AND RESTRICTIONS: I WRiN<; mE COU.",' or CONSTRuCT"N or ANY LOT 'A"HI" T"IS SO9OM"ON, SruB-OUT ""'!'RT 'L",ATIONS rOR STORM DRAiNAOE SHOULD BE "'R"iED BY THE 'NDMDU^,- LOT BUILDER OR OWNER TO PROViDE THE NECES- SARY SLOPE rRO" rrlE PROP{)Sro HOUSE. 2 THE ARTICLES or INCORPOeATIQN rOR THE ORCHID LANE HOMEOWNERS AS$OClA;;CN ARE ON neE WITH IHE 'WE or WASH!NGrGN 'N OLYMPIA. 3. N.'Y ADDRESSES SHOWN ARE pREU"'NARY ONLY AND ARE SUBJECf TO CHANGE. 4. All LOTS .\DJO'NINO AN ARfA OR HAVING ARfA WITH A SENSIT1\~ AREA SETBACK ARfA OR SENSmVE ARfA TRACT SHALl BE PROVIC£O WITH A ""UNDARY C£UNfATlQN (E.G.. TEMPOIW<Y rusTIC fENCIN") ACcrPT>BLE TO THE CTTY Of rwERAL WAY DEPA.RT>;ENT or COMMUNITY OE\¡tLCPMENT SERV:CES (OCOS), OR ITS SUCCESSOR ACENCY BETWŒN JIó£ LDf OR PORTIDN5 Of THE LOf AND THE ,¡¡,¡:¡, RESTRlêTEO. SAID BOu~'D<RY DEUNEAMN SHAll 9E IN P",CE PRIOR TO A.'« GRADING OR Cl£AAING Of THE SU!1DMSIQN AND R£MAIN 'N PUoCE UNTll A OWEUJNG IS CONSTRUCTED ON THE lOT AND OWNERSHIP TRANSFERRED TO THE mw OWNER-OCtUpANT. 5. TRACT °A' IS AN EIMRONMENTJ.lLY SENSI11VE 'RfA TRACT CONT~N"G I\UUNO' AND/OR WËTlAND BUrrERS AND !S HEREBY CO~"Æ'YEO TO JIó£ HOMEOWN¿RS' ASSOCIATION 100NnFlED IN NOfE 2, ABOVE, rOR DWN(RSHip AND --:(N~"CE p~RP()SES "",0 IS TO REIoIAJN UN~S1U"8£D (SEE NOTE AT R!GMT). THE "E\IOVAl 00 OISruR6ANCE or vEGETATJON AND !ANDSCA?<lG SHAll. BE "ROHIS!TED "'THIN TRACT "A', E,cm AS NECESSARY FOR ""'NTENANCE OR REPlACEMENT or EX:SiTNG PlANTINGS .~,D AS A"P!1OI~D BY THE CITY OF fE>ERAi. WAY. TRACT 'A' SHALL NOT BE D>:VELOpED WITH AA'Y BUiLO'NOS. AND ~AY NOT BE USED FOR ~NANC"l GAjN. 6. ~T 'B" IS AN OPEN SpACE/RECRfATION ""'.CT, ""0 IS HEREBY CONlmD TO 11<E HQMEO'h>lrnS' ASSOCIATION IOCNTIriED IN NOTE 2, ABO'Æ, FOR OWNERSHIP ANO IoIAJ"'cNA.'CE PURPOSES. 7. TRACT 'co IS A STORM DRAINAGE TRACT A."D IS HEREBY OEDICAT"..o ro THE CITY Gr rEDERAl WAY FOR OWN(>- SHIP ANI) MAJNTENANCE pURROSES. B. TRACT 'D' IS A PRIVATE ACCESS TRACT rOR 'NGRESS, EGRESS A."D UTJUTIES FOR THE BENEFlT or THE OWNERS OF LOTS 12 THROUGH 15. owNERSHIP OF LOTS 17 11<ROUGH 15 INCLUDES AN EQUAl AND UNOM!)[D OWNERSHIP INTERm IN TRf,CT '0' AND AN UNOM~ED RESPONSIBILITY rOR 11<E I/NNTENNICE or SAJD TRACT INCLUDING STORM DRAiN'GE LINES. AN EASEMENT rOR ANY AND AlL unUTJES is HERERY CONVEYED TO THE OWNERS or LOTS 12 THROCG" 16, THEIR HEIRS, SUCC<sSORS AND ASSiGNS OIlER, ""DER mD >CROSS $A.'\) TRACT "Do. A SANnAA'f SEWER EASl'.MENT IS HEREBY COII'Æ'rED TO l.A/(EfIA;rN UTJUTY ""STRiCT O'JER ENiTOE TRACT '0". (SEE "PLÞT C£DI- CATICN rOR NQN-EXCLUSlVE EASEMENT" AT "'OHT) 9. TRACT °Eo IS A PRIVATE '=S TRACT rOR iNGRESs. EGRESS "':> ununES rOR THE BENE~T or THE OWNERS or LOTS 17, 1B A."D 19. OWNERSHIP or TRACT "E' IS HtREBY 00",= 10 "IE HOMEOWNERS' ASSOCIAOON IDEN- TIfIED IN NOTE 2, ADOVE. OWNERSHIP or LOTS 17, 'B ~'D " INCLUDES AN ECU'" AND UNOMDED EASEM<NT IN TRACT "E' rDR INGRESS, EGRESS MID UnLO¡¡<-5, A."D A." UNOMOm RESpO~$IB!UTY roR 11<E UAlNTENJ.'Ç£ or SAID BACT, EXCEPT rOR STORM DRAINAGE UNES. ^" EASEilENT rOR ANY AND .u. UTIlmES IS HEREBY COtNE'!{D TO 1.£ OWNERS OF LOTS 17, IB AND 19, THEIR H~RS, StJGCESSORS AND ASSIGNS OVER, U"DER A."D ACROSS S~D TRACT "E'. ADDIT1OtIAU.Y, A WATERLINE AND SANITARY SE'A~R EASEI>I~'" IS HEREBY CONVEYED TO lAI<ËHAVEN UTJIJ1'V DISTRICT OVER ENnRE TRACT T. (SEt "PlAT DEO1CAJICN FOR "CN-EXCLUSiVE EAS"""'" AT ~I"HT) A., Q\/ER- L~NG EASEilEN! IS HEREBY DtOlCAT!O TO THE pUBUC f'CR PEDESTPIAN KCESS O'ÆR TRACT T. ro ACCESS 11<E PEDESTPJA.' KcrSS TRACT ,. AN OVERLY"'G EA$E~ENT IS HEREGY CO1</EYEQ TO THE HOIoIEDWN¿RS' ASSOCIATION IOENTlRED IN NDrE 2, ABOVE, FOR .ccm TO TRACT , FOR 11<E .AlNT[NANCE THEREOf, ""0 rOR THE """'TE- ",,"CE or THE Sf aRM DAA«ACE rACIUTlES lCCATtD Wl11< SAID TRACT "Eo. 10. TRACT'r" IS A PEOESfRIAN ACCESS TRACf ANa IS HEREBY CDNVEYtIJ TO THE HOIAEOWNERS' ASSOCIATION IDEIo'T1flED IN NOTt 2, ABOVE, FOR OWNERSHIP AND MAINTENANCE PURPOSES. ADOITIONAlLY, A WATERUNE AND SANITARY SEYÆR EASEIoIENT IS HEREBY COIIVE't£D TO lAKEHAVEN UIIUTY DiSTRICT OVER EN1lRE TRACT "r". SEE "PlAT DtDICAT!O>I FOR NON-EXClUSM: EASEMENT" AT RICHI. 11. TRACTS"G" AND "Ii' ARE opEN SPACE TRACTS, AND ARE HEREBY COI.'ÆYED TO THE HOIoIEOWN£RS' ASSOCIATION IOENTlAED "' NOTE 2, ABOVE. roR OWNER5I.p AND MAINTENANCE PURPOStS. 12. fRÞoCT ~o IS A PEDESTRIAN ACCESS TRACT NIl) IS HEREBY CONVEYtO TO THE CITY or fEDERAl WAY FOR OWNERSHIP AND MAINTENANCE PURPOSES. 13. TRACT 'Jo IS A IANOSCII'E TRACT, AND IS HEREBY CONVEYED TO THE HOMEOWNERS' ASSOCIATION IÐEN11AED IN NOTE 2, ABOVE. rOR O_RS"p AND IIAINTENANCE PURPOSES, "" EASEMENT rOR INGRESS, EGRESS AND ununES OVER THE ENTIRE TRACT °Jo IS HER£ØY DtDlCATED TO THE CITY or FEDERAL WAY. NO STRUCTURE, ",CLUDING SICNAG£ OR IoIONlJIoIENTS SHAll BE AllOWED OVER EX1ST1NO STaRN ORAINAIOE PIPES AS OCTERMIN() BY THE FEDERAl WAY PuBlIc WORKS STORM WATER 1oIANAC£IoIENT DMSION. MiUfY ~~ ~~M~~6r";",,~~s ~=N'~ á~~ ':k.~~~~ ~D~~ SEYÆR SERVICE. (SEE 'PlAT DEDlCAl1ON FOR NON-EXCLUSiVE EASEI>IENr AT RIGHT) IS, ALL STORM DRAINAGE EASEIIENrs (SDE) NOTED HEREON ARE PUBUC AND ARE HEREBY DEDICATED TO THE CITY or ÆOERAl WAY roR THE CONSTRUCTION, MAJNTENANCE AND REPAIR OF STORM DRAINAGE rACIUTIES. 16. All PRIVATE STORM DRAINAGE EASEMENTS (PSDE) NOTtD HtREON ME PRIVATE AND ARE HEREBY CONVEYtD TO LOT OWNtR WHO WOUlD BENEFIT FROM THE EASEI>IENT. THE OWNERS or SAID LOrs HAVING BENEFIT SHAll BE EOUALLY RESPONSIBlE rOR THE MAINTENANCE AND REPAIR or THE DRAINAGE rACIllTIES WITHIN THE EASEMENT. ~TS1Hf r:.~~A~ STORM DRAINACE EASEllEkT (PSDE) WITHIN LOTS 2 THROUGH. IS rOR THE BENEFlT OF B. THE 10' PRIVATE STaRN DRAINAGE EASEMENf (PSCE) WITHIN LOTS 7 THROUOH 11 IS rOR THE BENEFlT or LOTS 6 THROUCH 12. C. THE 10' PRIVATE STORM DRAINAGE EASÐotENT (PSDE) WITHIN LOTS 22 THROUGH 24 IS rOR THE BENEFIT OF Lars 22 THROUGH 25. D. THE 10' PRIVATE SfORM DRAINAGE EASEMENT (PSDE) Wl1\<N LOTS 27 AND 2B IS rOR THE BENEFIT or LOTS LOTS 26 THROUGH 2B. ~órs n:.~~D'J"~~. ORAINAG[ EASÐotENT (PSDE) WITHIN LOTS 29 THROUGIi JJ IS rOR THE BENEFIT OF roTS ~~O'3;~:~. ORAINAGE EASEllENT (PSDE) WITHIN LOTS 35 THROUGH 37 IS rOR THE BENEFIT or C. THE IS' PRIVATE STORII DRAINAGE EASEI/ENT (pSDE) _N LOrs 43 ÞHD 44 IS FOR THE BENmf Of LoTS LoTS 41 THROUGH .5. H. THE 10' PRIVATE STOfU,! DRAINAGE EASEMENT (pSDE) WITHIN LOTS 47 AND 48 IS rOR THE BENEFIT OF LOTS Lars 48 THROUGH ... 17. THE ROAD AND STOOl/ 0fIAIIIAGE SYSTEIIS SHAll BE CONSTRUCTED AC<:OROING TO THE: _0 PlAN AND PROfU. PERIMT NO. Q2-1057.5--ooo-oo-EN ON ru: WITH THE CItY or FmERAI. WAY. NfY DEW11ON f1IOII THE .4PPf!OV[O PINIS WIll. REQUIRE WRI11EII --Ii. moM THE PROP£R AGENCY, lB. THE STRŒf TREES, PLNnm ÞS A CONOmON OF PlAT --N... SHAll. BE PI.ANTEO ACCCItDING TO THE .4PPf!OV[O ENGIIIEtRING PINIS, PE""IT NO. Q2-1OS74S-OOO-00-EN, ON FIlE WITH THE CITY or rtDERAl WAY. THE STREET TREES PLNnm WITHIN AND/OR A8UTT1NC 1NOMOUAl lOTS AND PUNTER STRIP SHAll. BE IlAlNTAINf1) 8Y THE OWNERS or SAIO LOrs. AM) THE STREET TR£ES PlANTED WlTHIH ANO/OR ABUTT1IIG THE PRlVATt AND PUØUC TRACTS WITHIN THIS PlAT SHALL BE OWNED AND IlAlNTAlNED BY THE HOMEOWNERS' ASSOCIATION. 19. THE BUIlDING S<T8ACI< UNES ON CORNER LOrs HAIlE BEEN SHOWN WITH A T'IPCAl FROHf YNIO SETBACK; ~~ ~ ...WfYlIE ~ ~RS£~n:., 2~ 1:"= -='" J:n~ri'~ONT~œ'ri:~TY CITY r1l£ NO. 03 103107-00-SU MERIDIAN PLAT DEDICATION FOR NON-EXCLUSIVE EASEMENT AN EAS(IIENT 6 hEREBY :RREVOCABlY ""SfIMD rOR AND GRANTED TO þ(E!'AI'EN um'" OIS'RICT, II; H[IRS. SljCCE5SûRS ÞI<' ASS~NS, ro" SO ,OtIC AS IT S!IAU. OWN ANV ""'NT~N THE ,,"unES RmRWCE!) H('<ON UN,ER A"D UPO" WE '"fA SHOWN (N THE PlAT AND DESC~IBED HERON AS ""1!'RUNE fASEME'<r OR '""",.¡¡y SEW£." L'S,MOO"' TO iNS'.ALL "'!NT~N, REPlACE. REPIJR ANO OPER"" W'TtR A."D SEW'" "AiNS 'NO ",PuRTENmc£> FOR ,"'S SUBO"'SlON ....0 OMR ""GPE<T\ TOCOHE/! "'Tri ¡¡;¡ RIGhT 10 "HER UPO" SAIO E<SENE/<I; AI AlL !1IIES FOR 1>It ""?OSf STATED. NO BUtJ)ING, "AU. ROCKERY, rENCE, ffiEES CR SïRUCru"E or ,,"v K'ND SHA:.l ElL ERECTED OR PLANTED, 'OR S"AlL ANY flLL MATERiAL BE PlAcED wmiiN THE BOUNDARIES 0' $AI' EASEMENT AR!:A. NO EXCAVAOION SIiALL BE ".^<J£ "'THIN THREE FEET or SAJD WAITR OR SEWER SERVICE rAÇlùT:ES AND THE SURrACE LEVEl or THE O.OUN;) VóTHlN THE EAS,"ENT ""fA SHAll BE M~NT~NED AT THE ElEVAnON AS C,'RRENTlY EXlS~NG. GRANTOR ACOITIC,,^,lY GRANTS TO 11« GRA.'ffi:E, 11<E USE Of SUCH ACD'TlON'" ""fA IMMED'ATElY ADJACENT TO SAID EASEMENT AREA AS S"All BE R£OUIRED rOR THE CONSTRUCTION, RECONSTRUCTION, ""NTfNANCE AND OPERATION or SA!D W.rER OR SEWER F>CIUTIES. '"E USE or SUCH ADDITIONAL ARfA SnAli. BE HElD TO A REASONABLE MINIMU' AND BE RDURNED TO THE CONDITIO" EX~TI~G IMMEDIATELY BrroRE THE pRDpERiY WAS €NT!:RED UPCN BY GRANTEE :m I¡; ACENTS. IN AOOITJON TO mE OTHER RESTRICnONS HEREIN, GPJ.NTOR SHAlL NOT COIMY TO A THIRD PARTY ANY EASEMENT OR OTHER RIGHT cr USAGE" THE PROPERTY "'leH WOULO ,MPAIR OR liMiT THE GRANTEE'S USE OF THE EASE- MENT AREA. DRAINAGE EASEMENT RESTRICTIONS ~ ~~~~~N A~f'-~~ ~ ~R ';¡,6g:'CSNA~L~ L go.~~ NgE ~~' c"o~~~~ ~T~ r: ~ H:r~6 ~c'~':;~ t ~~ !~trù";,~ WI1HiN rHE DRAlNACE EASEMEN1S SHOWN ON Tf!:S pLÞT MAP UNLESS OTHERWISE APPROVED BY 11<E HOMEOWNERS' ASSOCIATION. RESTRICTIONS FOR ENVIRONMENTAlLY SENSITM: ARtA TRACTS ANa SENSITIVE AREAS ANa BUFfERS DEDICAno" or A SENSiTIVE AREA TRACT/SENSITIVE MfA AND BumR CONVEYS TO THE PUBliC A BENE~CIAl "TEREST IN THE lAN, '1THIN 'I1<E TRACT/SENS!"VE AREA A."O BUFFER. THIS INTERE'ST '"ClUDES ThE PRtSER- VATION OF NAr,VE VEGETAmN ro~ All pu.pOSES THAT GENEm THE PUBLIC HEALTH, SArETY, AND WElfARE, ,"CLUDING CO""'OL or SURFACE WATE" AND EROSlO", MAiNTENANCE or SLOPE STþj¡LlTY, AND PROTECTION Of "WI! AND ANiMAl HABITAT. THE SENSITiVE A."fA TRACT/SENS,"VE ÞREA AND BumR IMPOSE UPON AlL PRESENT AND ruruRE O",",ERS AND OCCUPIERS or THE LAND (StJBJECT TO THE TR<CT/SENSITiVE ÞPEA AND Bum..) THE OBUCATION, Ð<rOr«:Wl£ ON Bfl<Alf or "IE pJ'"C if( !HE CITY OF rEO'RAl "', 10 lEAVE UNDlST\.1>6ED All rntES '"0 CTriER VEGETATION .,TrlIN THE TP.ACT/SENSiT¥«REA AND BumR. THE VECETATION ~ITHIN THE TR'-CT/SENSmVE AREA AND BUfFER MAY NOT BE CUT, PRUNED, COVERED BY Flll. R[MCVED OR [),IMAGED WITHOUT APPROVAl. 'N ,pmNG mOM 11<E CITY or rEO£fW.. WAY DEPAImIENT Dr CO\l!'UNITY DEVEloPMENT SEIMCES CR !1'j SUCCESSOR IWICY. THE COMMON BOUNDA.RY BETWEEN THE TRACT/SENSITIVE "'fA AND Slim.. A.'D THE AREA OF DE'ÆlOP!IEIIT AC1M1Y MUST BE MARKED OR OTHERWISE Fl.AGCED TO THE SATlSF'CTION 0< THE C'TY OF rtOEPJJ. WAY PRIOR TO AI" ClEARING. GRAD"'", BUILD'NG CO",'RUC1ICN OR OTHER !)(;£lO"MENT ","TMTY ON A LOT SUBJECT TO 11<E SENSITIVE A.'<tA TRACT/SENSiTlI'!' "'fA AND BUFFER. THE REQUIRED ""'KING OR rlAGGlNG SHAll RE"-"N '" PUOCE lINT'L All OMLOPME'" PROPOSAl ACTMTIES IN 11<E VICiNITY or THE "NSIM ARfA ARE COMRlIfED. SENSmVE AREA TRACTS S>IALl. NOT BE D£VELOPED WITH ANY BUILDINCS, A."D ,lAY NOT BE USED rOR F1NANCIAl GAIN. PLAT NOTES AND RESTRICTIONS (CONTINUED): 70. A PlAT CERTIf1CATE PREPAQED BY ~DElItY NATIONAl. TiTlE COllf'ANY Of WASHINGT0!4, TMElR OROER NO. 724.106 AND DATED JULY 2B, 2003 WAS RElIED UPON FOR RECORO ITEMS Af'fEcnNG THIS SUBOIVISION. >CCORDING TO THIS DOCUMENT, THE FOllOWINO ITE"S AFITCT THIS SITE: A. AN EASEMENT ,,"0 CONDmONS CONTAIN() 11<ERE!N, roR ElECTRIC TRANSMISSION lJNE AS RECORDED UNDER RECORDINO NO. 319'572. THIS EASEMENT IS GRAPHIÇ.4Lly DEplCrED ON SHŒI 4. B. FACILITY CHARCES, IF NfY, INClUDING BIIf NOT UMITEO TO HOOK-UP, OR CONNECTION CHARGES AND LATECUMER CHARGES rOR WATER AND SEWER FAClunES BY Fl'DERAl WAY WATtR AND SEWER AS RECORDED UNDER RECOR~NG NO. B905120210. C. A." EASEI/ENT rOR ~GHT or WAY. AND 11<E TERMS ,,"0 CONDmoNS THEREOF AS RECORDtO ,..DER RECOROING NO. 20000s3000164O. THIS EASEMENT IS ORAPHICAllY DEPICTED ON SHEET 4 WITHIN THE PROPOSED RIGHT- OF-WAY rOR SW 344TH STREET. D. A TEMPORARY SANITARY SEWER EASEI4ENT, AND THE TERMS AND CONDITIONS THEREOF AS RECORDED UNDER RECORDINO NO. 20010312000348. THIS EASEMENT IS OfT-SITE, E. A CONSTRUCTION EASEMENT, AND THE TERMS AND CONDIT1ONS THEREOF AS RECORDED UNDER RECORDING NO. 20020204000039. THIS EASEMENT IS OfT-SITE. r, A CONSTRUCTION EASEMENT, AND THE TERMS AND CDNDITlONS THEREor AS RECORDED UNDER RECORDING NO. 20020415000374. THIS EASEMENT IS OFF-SITE. G. A CONSTRUCTION EASEI>IENT, AND THE TEAIIS ""0 CONDITIONS THEREOF AS RECORDED UNDER RECORDING NO. 20020703001710. THIS EASEMENT IS Drr-SiTE. H. A UCEN5E, AND THE TERNS ,,"0 CONDiTIONS THEREOf TO THE CItY or rtDERAI. WAY TO INSpECf AND ""'N- TAIN THE IMPROVEMENTS AS RECORDED UNDER RECORDING NO. 20030530000951. 21. THERE SHAll BE HO VEHICUlM ACcrSS TO 00 FROM SW :¡<4TH STREET AND 12TH AVENUE SW f1IOM THOSE LOTS WHICH ABUT THEM. ' EXHIBIT ---'1- PAGE-LOF ~ J;[)Dq,'/;J "¡':¡C' ~-)~;~(r"f)J'~;"'j~¡\~;;" (~Ì\\ij;.Rn iJ \:1 ~'i¡e..¡]nil~djj1ij:r'-~Jc¡ 10715 u..~". ..~ J~._.",~,.u"-',.~' .Barghausen JAN 22 2004 Consulting Engineers, Inc. e;,;¡ ~, Lønd f'1anoõn9, SuMiog, - - 18215 12nd Aoier.Jc South Kent. WoI. HOJ2 TeIophone; (425) 251-e222 FCI1I: (425) 251-B782 SYl1/4 OF NW1/4 SEC. 19 T21N-R4 SHEET 3 OF 6 J .;; ~ ~ ~ P ~ 1 . ~ ~ 0 :!' 0 0 ~ ~ 0 ~ 8 10M. ! '" ~ ¡; f t II . ¡:; BEING A PORTION OF GOVERNMENT LOT 2 IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON 1~ " @ " j L$88"""21' "I.OO,J ~I I --So-lie' ~I I "Ism:. ~ ,~ J I *' -566' '2' "'.00' ' \ ,\ ";;;7--1;; ;; ~I r)1OSf' :!~ E,] 1- I j I t: * "'24 "'.00' , -c r------~ I -~ I '~!If 0, R '8 6 I' ~- .. . , 8 - ~ ¡¡¡:R 6,210 Sf. ':ß ¡,; "'24"£ ",.oo,j , ~ ----- ¡¡¡ na 5 ]8 ',106 Sf. ~ :<j ,~ 1£ J;: fiãSii - ~, ".00' - SECTION 00 L'J e- e- .~ :5 J """"'1"'" ORCHID LANE MERIDIAN ~ I J -~ Ï!¡ .... ~ 00 t':' e- -c 9; :5 181.00' Î!ò :c ~ 5! 9 I Ï!¡ 142 ' _\ ! = -- j ~ c - ;;..." / T /' /' /' -~~ 0 g¡ ~ , -- I / ~--r----~ / I I' / I .. I', // I ¡¡ I D,'D'l' "I, ,':T'T,,: "'" ~ /~'" '~h D"~ a .~ I /-.. 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SlID 2) * Ii> l£J) /I/O TIa< S!J II IIOC1<Ð<Y AT PlAf COI!I<ER . S!J CITY or f!IIERAl WAY STIHOMO RO/Ð 1IOHlW/T .. ~ Cl/.VIH2EÐ 1ROII Pf'E WITH PUSnC r:R /of LDT * .. l£J) IHO TIa< S!J " ROC1ŒRY AT LDf COIKRS WAIIJIlJHE EASÐÆIfT (SŒ NOTE 14, SHEET J) PSOE PRIVATE SJœI - EASÐÆIfT (SŒ NOTE'&. SlID J 1£ UM'f EASÐÆIfT (SŒ 'tISÐÆ!ßS IHO _A11OHS', SHEET 2) 'AT, PÐIISmI/( ICC£SS IRICT IS8I. - SE18ICX lIo1E $.F, SQIINI[ÆD' I ~ 8 .~.:;;; a . ~ I .¡; i ¡ I! ~ UIE T¡(£ UNE LOf NO. lI!fÇIH I£.IRIIG 11 a. ROAD II,D" N88'4e'24'W U IRICT H ID,45' N88'57'40 U 11!ICf1 IUD' SO"O2'I'-' L4 11!ICf1 2J.7T SOI'O2',4'1I JOB MO, 10715 HOt[, THOSE I.I)T UNES III1U<SECT1NG CUR'iED LOT UNES OR RIGHT-oF-WAY LINES NOT NOTEO ~ RNJW. [(R)] /iI£ HON-RÞÐW.. SW1/4 OF NW1/4 SEC, 19 T21N-R4 SHEET 4 OF 6 W.M. Ii> PlAf OORN£R S£T (5Œ SIJIMYOR'S NOTE J. S>m 2) ,,:c-:S, ~ * Ii> I£ID AND TICI< S£T .. ROCIŒJIY AT PlAT OORIIIJI ..:~¿J ~ . SET OTY Of FtDER.<I. .AY $1- ROAD IIOIMÆNT '. 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OJ-IOJIO7-00-SU NOt[, ntOSE lOT UIIES 1NTERSEC71NÇ CtJfMD lOT UIIES OR RtCHT_-WAY UHES NOT NOTED AS -- [(R)] NIE. _-RÞWL """'I"'" J ;; Š ~ ~ ~ :E,. ! :.~~ i ,~~ ~ '""""IP"", J ORCHID LANE SECTION BEING A PORTION OF GOVERNMENT LOT 2 IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLA METTE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON MERIDIAN , . , . , , , , . , "";:)1 ATTm v", l.nlILU I I "";)' ATT", I' I."', l.n' 'LU I I I -------, - ""'- : : : : ::\-. ~ ::::::::::::::y:\ ,:.:,:.:.:,:,:,:,:.:,:,) ',','.','.',',','.','( ::::::::::::::::::::) 5:':':':':':':':':':'{ ;':':':':':':':':':':'\ ~"."(W(11)M))",, ~:::::::::::::::::::::\ :- :- : -: -: -: ' :- : -: -: -:r ¡:¡ ,'.',',',','.'.',','~ ~¡¡ """.,.,...""",{ ~i : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ ~ SCU11f 11£ Of IO)R!H "f OO\W&ÐIIIDI 2 256.11' " L.J .- .- -<; 9; :5 TRACY B 10 t- W W :I: CI) W W CI) TRACT A SAT. """"'" """"" . . . . . . . . . . . . . , . . , . , . :-,'.',','.'.','25l4ð" l£GENO . 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SQUIRE FlIT SAT.SENSJ11I{AR£A11!ICT SSE SNlTNII' St'O£R - (SEE HOlt 14, SIŒIT J) SEE SHEET 4 ,~~ ~ f~ ~ '.bJ.! ~ :;~ ~ ~ tC;;z ~ ',"= ;8 QJIM tIBl£ CUM: LDI NO. lDIGIH IWJOJS DElTA CI LOr" 47.1 JO,oo 10'0000 JO,OO' C2 lOIn 2O.lf $3,00 21'4605 10.18' CJ LDIII 24.7' 5lOO' 26"46'111'" IUO' NOre THOS£ lOT UN£S IN1'ERSECTING CUIMD LOT UNES OR RtCKT-Qr-WAY UNES NOT NOT[D AS IW)IAl [(R) 11<£ NON--" EXHIB,1T - .~~ø f PAGE~OF .;;~ I JOe NO, 1071: '\.", , . ~Barghausen JAN 2 2 ,~~1 :! Consulting Engineers, Inc. § CMI ~, lAnd PIaonônq, ~ E1wironmentaI Senices = ,- ~~~~nd(:;r25~W2 K~WA.(425~~-8182 i ! SW1/4 OF NW1/4 SEC. 19 T21N-R4E, roM. ~ SHEET 6 OF 6 0 ~5 so 100 I ""'e", """ '1,......""",J SC4l£: " . so' LINE tIBl£ LINE IDI NO, lDIGIH II(MH; 11 lOT" 17,06' NO"O1'I6'£ l2 IDIIJ 20.00' NOI'46J5'!: U lOT ,. 2J.11 NOI'IJJ5"( l4 lOT" 24,11 5"'.IT>7"( U IDI" 22.89 5O,'jJ'35,\r 1I 1D111 27,06 5J4~'Jã'W CITY FIl£ NO. 03-103101-00-50 RESOLUTION NO. DRAFT -%Z=Yð'l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF ORCHID LANE, FEDERAL WAY, WASHINGTON, FILE NO. 03- 103107-00-SU WHEREAS, on October 22,2002, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the November 1,2002, Recommendation of the Federal Way Hearing Examiner and November 7,2002, Hearing Examiner Correction; and WHEREAS, the preliminary plat for Orchid Lane, City of Federal Way File No. 00-100947 SU, was approved subject to conditions on December 3,2002, by Federal Way City Council Resolution No. 02-379; and WHEREAS, the applicant submitted the application for final plat for Orchid Lane within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 02-379; 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 confonnance to the conditions of preliminary plat approval, and their analysis and conclusions are set forth in the March 9, 2004 Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the applicant has complied with the conditions of the mitigation measures of the July 2,2002, State Environmental Policy Act Mitigated Detennination of Non significance as discussed in the March 9, 2004, Staff Report; and WHEREAS, the City Council Land Useffransportation Committee considered the application and staff report for the Orchid Lane final plat at its March 15,2004, 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 Orchid Lane during the Council's April 6, 2004, meeting. EXH I B IT c.. PAGE-LOF .3-File#o3-lo3107-00-SU /DocID26046 Res. #_Page 1 Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Findings and Conclusions. 1. The final plat for Orchid Lane, City of Federal Way File No. 03-1031O7-00-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. 02-379 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as a guaranty for completion and maintenance of all required plat improvements, as identified in the March 9, 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 I above, the final plat of Orchid Lane, City of Federal Way File No. 03-103107-00-SU, is approved subject to satisfaction of compliance with plat conditions and conditions required by the Public Works Director as identified in the Staff Report and as required by ap~XHYÊrITd POlict Res. #_Page2 PAGE~OF 3i1e#O3-1O3107-00-SU /DocID26046 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 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 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, this 2004. day of CITY OF FEDERAL WAY Mayor, Dean McColgan ATIEST: 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: EXHIBIT'" PAGE~OF Ì- RESOLUTION No: Res. # - Page 3 File #03-1031 07-00-SU I Doc ID 26046 -c~;t;¡;.-,- ~~=¿~d T-1OO' II,T.'~ DENSfTY CALCS. "."".."'""." I "" ..... "..~ - ...-. aon... ..... """ TRACT TABLE ""'" "" , .......-o.m. . ","""...." , ........."",.. , """""'" ~ ~:~.:..':':-, , """,.", , """..'" : ::::¡=~~ ~(,','_l ,~;:: '~;;~ "" ,., "" .", ,;~ "..,- ...... ",-.ra... LOT AREA TABlE . , , ¡\ I .. " " " '. " " " " " " " "IT' """"I .. .... " .... :: I ::.~; " "" " ".. " "" " ,,~ " ".. " "" " "." " "" .. "'" " "O' ~ I :;'..; " w" " "" :; :;~ ~ ¡ ~ ;: I ~ ,........ u, "'. .'....., u. ... "'. "'-'-"". '.If"', .,. ".to "'- ""1""".'.1 "" ,." .." "" "" "'" "" "" .." "-'-' "" ~" ..., "'" .... "" "" .... """ .". "" ~" .... "" .".. -,..- ~ ~ "..,........ lEGAL DESCA!PT1ON ..""...~a"...."""."'""-,-"o-o"""""""",",,, L"""".'-""""""""'~."',""""'.", ........... ......,,~"""""""~""""",._"""'~, -..,""" ,.. 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'J""""'."',">'~"","""""""""""."'.."'""a, uø "':::~~.:..;~t."~">""""""",.",~,~"",,,, ¡t 0 ~ _L__~,I,'- :,"¡;:' "¡'::',,~1".// ,';' PRELIMINARY PLAT I LOT CLUSTERING OF ORCHID LANE A PORTION OF THE NW 114 OF SECTION 19, TOWNSHP 21, RANGE 4, WM. ÆDERAL WAY, WASHINGTON -- " /" -- ------,~~. Pc ---',- SVI 344TH 9~NOT OPEN) , ,J, ,', ¡~~~,';f::);¡--- I ~'I ,I ,/ I' I' ' 'I,"', ,,',',1 ,( "." ,"", ',' '." ¡ ~ ¡: :l+ ,,:"¡:;};",: ,'C,/~L L -":'-~;:;;~f LIST- QEQIl~Yi1.NQ.S ME! ."'" """."." "" ! "" ".""""'" , - ..".;:", ""'x,n.' ".,,' J . "."" ".. . ","WK.", "'" ""'" MoO "',"J<'.I"I"~"" ",., ","...'" ""'J "" """'" .-'-, . - ~"',..,,' ':OK" """"",,0, "".1 , 'oo."., eo," " .- "'t'"."" ""., '" ,."" "-.'", . """,""""""""."""" '" ",0' ',.,,""." """-' "",,¡'., .. " - "",""." """" ",...." ''v" " - c,.."", """ """<,,, I"'" "..",," ;W 'J - """"'," ""W ".." " - """,,"""'O"',,", "'nle' "'" .c""""" '" ,._"'"" " - ~C""".", "'"..... ""'O '"" "'" " 11-----, ""i',:';"-'-"-~", ! I" "i:. I :,: ,.5.lTE" ir,;,""'U; '~,' 'I 1"', : .L="---~/ VlCINrrY MAP - ..-.;,;;:..- ~l~ , '" I ,n,,"'" """-%,, , ,..""", "",',,' " """",."'",,, , '>",< """",,",' , ""., ,,"""<, "'" , , "',"'" ',"',"""".'". '.-,',c',,',-" "', ~""" ",,<, "-." ' , '"' "," co' , "'.' "" ,," ,','" .",""'M" ""'."""",,,,,,' """""""""""".",.0"""" ."",."co,a"""".""""", ',-."" --."H,"""",'"""" 'wec"""",,"n"," ,,°, "" ~'. 'Jnç~§I;'f!Y!g;;; .,.<C,"" C'.'"" Q)VIIIE;B ~bOl'.!=R iL \:f:~{): ;c,'. .n VEYQI1 ~";'""~"~;" ER/LAND .SiJfJ__.. .ii'-;,;:"" ," .......""'-"":.;;~ C - ~1~, ~! ,-"","""'." /~~'] EXHIBIT _L PAGE---f-°Ü!- ![\l'ij\\',"H.\\ir.\J JU"~,l"1! C) ;¡:; EI: ~¡jì ~ ' ~ 8 g ~~ -' ~.,. ;::~~~ ~ tiU ~ U~ z f\t'; ~ O~~ w () fE rÆ wi ~ ~w <[ :f £ ~p:- ~~~~ ~II & p ~, ¡.: . x J " .' T ¡., J .. " I " ",' i , ì 1 i' ò; ~ ! ~ } i § ~~ ~ ;¡ ~3 I~ ,C N " ~i ;¡¡~~ U ~;!! ~~ ~ :~!9.tJ. ~; N .,,~;(: ~' ~>:'.:c..:c. ~ l' ' 0,'" I~ "'~~""" ;:¡" , ~. ,."",'" . i tül]-; O~,,~~~...,< "e ,ca' ! ~ , " \I1il: 9Wn l-r RESOLUTION NO. 02-379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF ORCHID LANE, FEDERAL WAY FILE NO. OO-lOO947-00-SU. WHEREAS, the applicant Harbour Homes by Genereco Inc., applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Orchid Lane and consisting of 15.9 acres into fifty (50) single family residential lots located north and west of the intersection ofSW 3441h Street and 12th Avenue SW; and WHEREAS, on July 3,2002, an Environmental Mitigated Detennination of Non significance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Land Use Hearing Examiner on October 22,2002, held a public hearing concerning the Orchid Lane preliminary plat; and WHEREAS, following the conclusion of said hearing, on November 1,2002, the Federal Way Land Use Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Orchid Lane subject to conditions set forth therein; and WHEREAS, the Federal Way Land Use Hearing Examiner on November 7,2002, issued a revision to condition number five of the November 1,2002, Report and Recommendation; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- I 27 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and EXHIBIT Í- '9:R~~ WL PAGE-I-OF ~ File #00-10094 7-00-SU / Doc ID 20921 02-379 Res # . Page 1 WHEREAS, on November 18, 2002, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Orchid Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Orchid Lane preliminary plat to the full City Council, with the following minor modification to the Hearing Examiner recommendation: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the City for implementation of traffic calming devices to mitigate project impacts"; and WHEREAS, on December 3,2002, the City Council considered the record and the Hearing Examiner and Land Use and Transportation Committee recommendations on the Orchid Lane preliminary plat, pursuant to Chapter 20 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. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's November 1, 2002, Report and Recommendation, and November 7, 2002, revision attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council, except the third paragraph of Hearing Examiner Finding #21 is deleted and replaced with Finding #19 of the October 22,2002, Orchid Lane preliminary plat staff report. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drat!P~e=w;Y7 weets or roads, alleys, otherËxi-ffS'lynsit V' potable water supplies, sanitary R"<J. ~¡!}g'2 PAGE-2-0F ~'OO-")()947'()(}'SU/~IDm" waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, 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 preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein, except as modified herein, as adopted by the City Council, the preliminary plat of Orchid Lane, Federal Way File No. 00-100947-00-SU, is hereby approved, subject to conditions as contained in the November 1,2002, Report and Recommendation of the Federal Way Land Use Hearing Examiner, November 7, 2002, Hearing Examiner revision to condition number five (Exhibits A and B), and subject to the following condition: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the city for implementation of traffic calming devices to mitigate project impacts." Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the 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, then, in said 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 such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, invalidity or unconstitutionality EXHIBIT PAGE-3--°F ~OO-1O0947-00-SU/DocID20921 Res l) 2 - ~ 7P~e 3 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 affinned. 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 ~ ,2002. OF FEDERAL WAY ~r¡) ~ ~,W~4 / ~ CITY LERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: f/~~~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: 11/70/07 RESOLUTION No. 12/03/02 02-379 Res tfJ 2 - 3 ~a~ 4 EXHIBIT --L . PAG E ~OF ~i1' #()(J-1O094 7-oo-S0 I Do< m-' MEETING DATE: April' 2004 ITEM# ~ (e.,} CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Weyerbaeuser Way and S 336tb Street Roundabout Project - Bid Award CATEGORY: BUDGET IMP ACT: [8J 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 March 15,2004 and Bid Tabulation Summary. """"""""""""'",,,..."""'" """"'..".."",....",..' SUMMARYIBACKGROUND: Thirteen bids were received and opened on March 2,2004 for the Weyerhaeuser Way Roundabout Project (see attached Bid Tabulation Summary). The apparent low bidder is Sanders General Construction Co. Reference checks on Sanders General Construction Co. by City staff indicate that the contractor has successfully performed similar work. As a result, City staff believe Sanders General Construction Co. can successfully complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is Sanders General Construction Co. in the amount of $643,487.00. The total estimated project costs are $969,167.00, including construction contingency. The funding available is $983,365 which leaves a balance of$14,198.00 CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 15,2004 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Award the Weyerhaeuser Way Roundabout Project to Sanders General Construction Co., the lowest responsive, responsible bidder, in the amount of $643,487.00, and approve a 10% contingency of $64,349.00 for a total of $707,836.00. 2. Authorize the City Manager to execute the contract. PROPOSED MOTION: Motion to award the Weyerhaeuser Way Roundabout Project to Sanders General Construction Co., in the amount of $643,487.00, approve a 10% contingency of $64,349.00, and authorize the City Manager to execute the contract. CITY MANAGER APPROVAL: ..~.. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/1012001 ~~ Fëderal Way DATE: March 15, 2004 VIA: TO: Jack Dovey, Chair Land Use and Transportation Committee FROM: Marwan Salloum, Stree Systems Manager SUBJECT: Weyerhaeuser Way and S 336th Street Roundabout Project - Bid Award BACKGROUND: Thirteen bids were received and opened on March 2, 2004 for the Weyerhaeuser Way Roundabout Project (see attached Bid Tabulation Summary). The apparent low bidder is Sanders General Construction Co. Reference checks on Sanders General Construction Co. by City staff indicate that the contractor has successfully performed similar work. As a result, City staff believe Sanders General Construction Co. can successfully complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is Sanders General Construction Co. in the amount of $643,487.00. PROJECT ESTIMATED EXPENDITURES: Construction Low Bid 10% Construction Contingency 12% Construction Management Planning and Design $643,487 64,349 77,218 178,113 For both roundabout &turn lanes 2 500 All required right of way will be dedicated by the , Weyerhaeuser Company 3,500 $969,167 Right of Way Acquisition and Title Reports Printing and Advertising TOTAL ESTIMATED PROJECT COSTS AVAILABLE FUNDING: Weyerhaeuser Company $519,910 215,999 59,000 168,414 20,042 $983,365 50% of project cost for roundabout and 100% of project cost for design of turn lanes Transfer in Street CIP Fund Transfer in Overlay Fund Mitigation Interest Earning TOTAL AVAILABLE BUDGET PROJECT BUDGET BALANCE $14,198 RECOMMENDATION: Staff recommends placing the following items on the April 6, 2004 Council Consent Agenda for approval: 1. Award the Weyerhaeuser Way Roundabout Project to Sanders General Construction Co., the lowest responsive, responsible bidder, in the amount of $643,487.00, and approve a 10% contingency of $64,349.00 for a total of $707,836.00. 2. Authorize the City Manager to execute the contract. APPRÖVAL OF CÖMMIlTEE REPORT: > . . < '. ." k:\lutc\2004\Weyerhaueser Roundabout Project- Bid award.doc cc: Project File Central File Weyerhaeuser Way and S 336th Street Roundabout Intersection Improvements RFB No. 04-107 BID OPENING DATE MARCH 2, 2004 Vendor Name-> Location "" ttem SOiEDUlf A - SOImf 312TH STREET 1 Mobllz.tion 2 Traffic Control Labor 3 Construction SUMy;ng 4 Clearing and Grubbing 5 Roadsi:e Cleanup 6 Utlky Potnollng 7 Resolution of E>isting Utliy Conflicts 6 Roadway E>Qvation. Including Haul 9 Planing Bluminous Pa",ment 10 Gra",1 Borrow. Including Haul 1 1 Crushed Surtacing Top Course 12 Aspha¡ Concrete Pa",ment CI A 13 Caton Basin Type 1 14 CatenBasinType2,<8lnDiam 15 Stol7O""er 16 Co!TU!lated Polyethy1ene Storm Sewer Pipe. 8' Diam 17 Corrugated Polyethy1ene Storm Sewer Pipe. 12' Diam 16 Gra",1 Borrow for Trench Back"" 19 Crushed Surtacing Top Cou",e for Trench Backfill 20 Ra~e Water Val", Box 21 AdjustManhOle 22 Resetting E>istng Hydrants 23 Mo'ling Ðcisting Hydrants 24 Adjust Monument Case & Co"'r 25 Raise Junction Box 26 Cement Conc. Barrier Curb 27 Cement Conc. Barrier Curb and Gutter 26 Type A Precast Traffic Curb 29 Cement Conc. Sidewalk 30 Topsoi. Type A 31 Seeding and Mulching 32 Landscaping 33 Contractor Dasigned Irrigation System. Compfefe 34 Raised Pa",ment Marker. Type 1 35 Ra~ed Pa",ment Marker. Type 2 36 Hydrant Marker. Type 2B 37 Painled Line 36 Plastic Line 39 Plastic Crosswalk Line 40 Remo,," Striping 41 Plastic Pa",ment Marking 42 Relocate E>cIsting Sign 43 Proposed Signage 44 Illumination System Complete 45 Temporary TraffIC Control DeviCes 46 sm Fence 47 Temporary Water PoliutionlErosion Control TOTAl. Copies Submitted Bid Signature Bid Bond References ~~ ,:~ l~:t~rJ'f.~ 320 HR I ,"'135,00" '. 1,200,00 1 LS . .In.250,oø''! "'$\1,250.00 1 LS I'. '~:."'11,1DO,O. 0 ..'.-.-".'...:£.11.70(1'00 1 FA ,,13.000.00. ,:~~13.ooo 00 1 FA " ,'11.500.00.","'" 11,600.00 1FA I" 15.00000:0.,'..$5,000.00 2892 CY I --517.C-d'~:~$<49.184.aC 362 SY I $12.50 . 'i-' 54.525.\)0 2200 TN 10.CO':!'" ,1U:JO 00 3000 TN I $12.20 - S36.000 O~ <010 TN $44.40 ^ ~'178.044 00 10 EA i I690OQ '169~0.OO < EA I 51.82000-' 16,480.00 1 LS , $<1200 co $<41,200.00 320 LF II' $33.00" 110,580.00 995 LF 115.00 " $\4.125.00 1200 TN i 19.00 - $10,800.00 820.00 TN I 11450 16.990.00 1 EA I (110.00' 1110,00 2 EA I: $27'.00 ..>:::,,$'50.00 1 EA " $1.160.00:' - $I,161f.OO 1 EA I' 12.ez5.oo~-.-";'.'.'12,825:oo 3 EA . . $120 00;" '-~ $3ðO,OO 2 EA I',' 112000'ji¡,;'S240.00' 4<0 LF,- $I7.00i;;';',S7,48000 1.11< LF .:.,.,:.:.,'.:.110,50~{.,i,,~.".~811.89r,o.0 T33 LF --,' 112,00,;-,,-,,58.1118.00 1.003 SY .lo':'~'$2300'«~ 123.080,00 230 Cy', ~,H 525.00"dr> $5J'Ó.OO OS ACRE i ~:: $<4,500CO':tt', 12,250.1!D 1 LS " ""$<43.900.00°7""$4UOO.ÖÒ 1 LS .' 15.200,00<. " '~)5,200,ÔO 6 HUND i $200,00 ' - ';'11,280,00 1 HUND ! Uoo.oo':;ç $380.00 2 EA I' $3,00 '4 .' ~ -$8.00 1.485 LF '50.40' -S504.00 3.850 LF i --' .. 5200:, "['$7.300.00 360LF 1"-::,5300'.;__",080,-00 920 LF '. $0 SO . 't-"~ : $400:00 15 EA ,. $28.00' ,~~. s.i20,OO 18 EA :' 160.00 Y. S1.0!!l.00 213 SF; $26.00'< .55.538.00 1 EA / $78,500.00 " >'18,500.00 1 LS . 1188000 ' '1'<';'8788000 488 LF I,' 'f'-53.CO~. !>'.:'.,$I:.84~00 1 FA ',- 13.00<100 "'--,$3,000.00 ','.,., ','"..,.,..""",,", '" : Bid amount. 5658.63700 Difference = '$15.350.00 Bid2 Rodarte Construction. Inc. Aubum, WA Price $15,000.00 $35.00 $11.500.00 52.000.00 $3.000.00 $1.500.00 $5,000.00 $".00 $15.00 . $11.00 $18.00 $45.00 $800.00 $1.800.00 $38.000.00 $21.00 $26.00 $9.00 $12.00 $20000 $300.00 $800.00 $1.100.00 $200.00 $200.00 $8.00 $8.00 $12.00 $17.00 $25.00 $2,800.00 $45.000.00 $5.000.00 $200.00 $300.00 $3.00 $1.00 $2.00 $3.00 $1.00 $30.00 $,.0.00 $50.00 $82.000.00 $9.000.00 $5.00 $3.000.00 Total $15.000.00 $11,200.00 $11,500.00 $2.000.00 $3,000.00 $1.500.00 $5,000.00 $<0,488.00 $5.430.00 $24,200.00 $54.000.00 $180,<50.00 $8.000.00 $7,200.00 $38.000.00 $6.720.00 $25,870.00 $10.800.00 $7.4<0.00 $200.00 $600.00 $800.00 $1,100.00 $600.00 $400.00 $3,520.00 $8.912.00 $8,796.00 $17.051.00 $5.750.00 $1,400.00 $45.000.00 $5,000.00 $1.280.00 $380.00 16.00 $1.<85.00 $7,300.00 $1.080.00 $920.00 $450.00 $2.520.00 $10.650.00 $82.000.00 $9.000.00 $2,<40.00 $3.000.00 $677,418.00 ONE YES YES N/A Bid 3 Wagner De,,"topment LakewoOd, WA Pric. $25,000.00 $35.00 $11,500.00 $5.000.00 $3,000.00 $1,500.00 $5.000.00 $14.00 $12.00 $11.00 $1<00 $43.00 $750.00 $1.85000 $36.00000 $19.00 $30.00 $8.00 $10.00 $225.00 $300.00 $1,300.00 $1.500.00 $250.00 $400.00 $17.00 $13.00 $13.00 $19.00 $23.00 $1.200.00 $45,500.00 $16.000.00 $215.00 $320.00 $5.00 $0.25 $1.65 $<4.00 $0.50 $50.00 $100.00 $40.00 $75,000.00 $6.000.00 $4.00 $3.000.00 Tote' $25.000.00 $11,200.00 $11.500.00 $5.000.00 $3,000.00 $1.500.00 $5,000.00 $40.<88.00 $<4.34<.00 $2<.200.00 $42,000.00 $172.<30.00 $7,50000 $7.400.00 $36.000.00 16,080.00 $29.850.00 $9.800.00 16.200.00 $225.00 1600.00 $1,300.00 $1.500.00 $750.00 $800.00 $7,480.00 $14,<82.00 $9,529.00 $19.057.00 $5.290.00 1600.00 $<45.500.00 $18,000.00 $1,376.00 $38<.00 $10.00 $371.25 16,022.50 $1"'0.00 $<460.00 $750.00 $1,800.00 $8.520.00 $75.000.00 16,000.00 $1.952.00 $3,000.00 $678,490.75 ONE YES YES N/A Pge10f2 BId 4 Dennis R. Craig Constr., Inc. ,WA Pric. $44,9<8.00 $35.00 $10.975.00 $10,220.00 $3.000.00 $1,500.00 $5.000.00 $10.90 $11.70 $10.90 $16.60 $41.30 $770.00 $1.5<0.00 $41.330.00 $21.70 $25.95 $11.90 $18.80 $175.00 $450.00 $1.850.00 $2,770.00 $325.00 $425.00 $10.80 $10.20 $12.90 $22.50 $25.20 $3.200.00 $39.970.00 $10.970.00 $215.00 $321.00 $15.30 $0.23 $1.62 $<4.10 SO.58 $51.20 $95.00 $8.20 $71,220.00 $19.320.00 $3.00 $3.000.00 Totel $4<.9<8.00 $11,200.00 $10.975.00 $10,220.00 $3.000.00 $1,500.00 $5,000.00 $31.522.80 $4,235.'0 $23.980.00 $49.800.00 $185.813.00 $7,700.00 $6.160.00 $41,330.00 $6.944.00 $25,820.25 $14.280.00 $10.292.00 $175.00 $900.00 $1,850.00 $2.770.00 $975.00 $850.00 $<4,752.00 $11.362.80 $9,<55.70 $22.567.50 $5.798.00 $1,800.00 $39.970.00 $10.970.00 $1.378.00 $385.20 $30.60 $341.55 $5.913.00 $1.476.00 $533.60 $788.00 $1.710.00 $1.7<8.80 $71,220.00 $19.320.00 $1,<84.00 $3.000.00 $697,799.00 ONE YES YES N/A BidS C. W. Mllams Contr. Co. Federal Way. WA Price $51,225.00 $35.00 $13.085.00 $3,300.00 $3.000.00 $1,500.00 $5.000.00 $15.'0 $12.10 $11.00 $16.50 $4"'0 $665.00 $1.600.00 $38.520.00 $26.80 $28.30 $10.25 $13.25 $220.00 $275.00 $1.440.00 $1,610.00 $220.00 $330.00 $18.00 $12.50 $".25 $21.20 $25.85 $1.30<.00 $45,360.00 $19.000.00 $238.00 $380.00 $12.50 $0.25 $1.80 $4.<5 SO.80 $53.50 $,.6.00 $26.25 169.550.00 $17,500.00 $4.00 $3.000.00 Total $51.225.00 $11.200.00 $13,085.00 $3.300.00 $3.000.00 $1.500.00 $5.000.00 $4<.536.80 $<.380.20 $24.200.00 $49.500.00 $166.0,.00 $6.850.00 $8.<00.00 $38.520.00 $8,576.00 $28.158.50 $12.300.00 $8.215.00 $220.00 $550.00 $1.440.00 $1,610.00 $860.00 1660.00 $7.920.00 $13.925.00 $10.4<5.25 $21.263.60 $5.9<5.50 1652.00 $45.360.00 $19.000.00 $1.523.20 $432.00 $25.00 $371.25 $6.570.00 $1,602.00 $552.00 $802.50 $2.628.00 $5.591.25 $69.550.00 $17.500.00 $1.952.00 $3.000.00 $727,491.05 ONE YES YES N/A Bid 6 Gary Mertino Constr. Co" Inc Seattle, WA Price $20.000.00 $35.00 $10,000.00 $15.000.00 $3.000.00 $1.500.00 $5.000.00 $10.00 $10.00 $14.00 $18.00 $43.00 $1.100.00 $1.800.00 $35.000.00 $40.00 $45.00 $15.00 $20.00 $350.00 $500.00 $1.200.00 $2.000.00 $350.00 $350.00 $12.00 $15.00 $13.00 $27.00 $25.00 $7.000.00 $40,000.00 $4.800.00 $220.00 $320.00 $50.00 $0.25 $1.80 $<.00 $0.50 $50.00 $150.00 $30.00 $65.000.00 $2<.000.00 $5.00 $3,000.00 Tota' $20.000.00 $11.200.00 510.00000 $15.000.00 $3.000.00 $1.500.00 $5.000.00 $28.920001 $3.620.00 $30.800.001 $5<.000.00 $172,<30.001 $11.000.00' $7.200.00, $35.000.00' $12.80000, $44,775.00 $18.000.00 $12.<00.00 $350.00 $1.000.00 $1.20000 $2.000.00 $1.050.00 $700.00 $5.28000 $16.710.00 $9.529.00 $27.081.00 $5.750.00 $3.500.00 $40.000.00 $4.800.00 $1.<08.00 $38<.00 $100.00 $371.25 $5.840.00 $1.4<0.00 $460.00 $750.00 $2.700.00 $6.390.00 $65.00000 $2<.000.00 $2"'0.00 13.000.00 $729,878.25 ONE YES YES N/A Price $40.000.00 $3500 $11.829.72 $8.047.80 $3.00000 $1.500.00 $5.000.00 $14.87 $12.<5 $14.26 $17.06 $45.51 58303 $2.00601 $37.99669 $15.60 $2738 $".26 $17.06 $205.52 $409.12 $1.283.48 $1.22<.64 $90.58 $283.01 $9.61 $961 $13.58 $1895 $24.90 $1.573.97 $44.132.20 $5.213.00 $226.41 $339.61 $5.66 $0.23 $1.71 $4.25 $0.57 $50.94 $226." $62.43 $73.205.00 $19.657.71 $3.46 53.000.00 Bid7 Construct Co. Sumner, WA Total $40.000.00 $11.200.00 $11.82972 $8.0<7.80 $3.00000 $1.500.00 $5.000.00 $43.00<.0. $4.506.90 $31.372.00 $51.180.00 $182.495.10 $8.3<730 $8,02<0< $37.996.69 $<.992.00 $27.243.10 $17.112.00 $10.577.20 $205.52 $818.24 $1.283.48 $1.22<.64 $271.68 $56602 $4.228.40 $10.7055< $9.95<,. $19.006.85 $5.727.00 $786.99 $4<.132.20 $5.213.00 $1.449.02 $407.53 $11.32 $3., .55 $8,241.50 $1.530.00 $52440 $764.10 $4.07538 $13.297.59 $73.205.00 $19.85771 $1.688.<6 $3.000.00 $737,744.97 ONE YES YES N/A Weyerhaeuser Way and S 336th Street Roundabout Intersection Improvements RFB No. 04-107 BID OPENING DATE MARCH ~, ~004 Bid' Bid9 Bid 10 Bid11 Bid12 Bid13 Vandor Name -> DlB EanhwOr1< Co. Road Constr. NW. Inc. Westwater Constr. Co. Goodfellow Bros.. Inc. T Miller Construction Plwtt8 Bros. Construction Engineers Estlmete location .... .> OIYf11oia. WA Renton. WA Auburn. WA Maole Vallev. WA Auburn WA Sumner. WA Item Amount Un~ Price Total Price Tote' Pric. Total Price Total Price Total Price Total Price Total SCHEDULE A. SOUTH 312TM STREET 1 Mob~ization 1 lS $39.288.00 $39.286.00 $55,000.00 $55.000.00 $30,000.00 $30,000.00 $70.000.00 570.000.00 590.000.00 390,000.00 550,000.00 550,000.00 350,00000 550,000.00 ~ TraffIC Control labOr 320 HR 535.00 511.200.00 535.00 $11.200.00 $35.00 511.200.00 535.00 511,200.00 535.00 511,200.00 535.00 511,200.00 335.00 511.200.00 3 Construction SUNlying 1 lS 511,300.00 511,300.00 517.000.00 517,000.00 512.000.00 $12.000.00 515,000.00 515.000.00 514,000.00 514,000.00 513,000.00 513.000.00 510,000.00 310,000.00 4 Clearing and Grubbing 1 lS 512,590.00 512.590.00 517,000.00 517.000.00 $8,000.00 $8,000.00 $6.000.00 $6.000.00 $9,000.00 $9,00000 55,500.00 55.500.00 51.000.00 51.000.00 5 Roadside Cleanup 1 FA 53.000.00 53,000.00 53,000.00 $3,000.00 53,000.00 53,000.00 53.000.00 53,000.00 53,000.00 53,000.00 53,000.00 53.000.00 53.000.00 53.000.00 6 Ut~«y PothOling 1 FA 51,500.00 51.500.00 51.500,00 51.500.00 31.500.00 51.500.00 51,500.00 51.500.00 51.500.00 31.500.00 51,500.00 51.500.00 51,500.00 31.500.00 7 Resolution of ÐOsting Ut~~y Conmcts 1 FA 35,000.00 55.000.00 55,000.00 55.000.00 55,000.00 55,000.00 $5.000.00 55.000.00 55,000.00 55,000.00 $5,000.00 $5,000.00 $5,000.00 $5,00000 8 Roadway EJcavation, Including Haul 2892 CY 523.50 $67,962.00 $17.00 549,184.00 520.00 $57,840.00 521.50 $62,178.00 525.00 372.300.00 322.00 563,624.00 512.00 334,704.00 g Planing BKuminous Pa",ment 362 SY $11.00 $3,982.00 525.00 59.050.00 511.00 $3,982.00 $8.50 33.077.00 512.00 $4,344.00 513.00 $4.706.00 520.00 57.240.00 10 Gra"'l Borrow, Including Haul 2200 TN 510.30 322.660.00 513.00 526,600.00 38.00 $17,600.00 517.00 $37,400.00 325.00 $55,000.00 $12.00 $26,400.00 $12.00 326,400.00 11 Crushed Surfacing Top Course 3000 TN 51471 $44,130.00 $20.00 560,000.00 510.00 530.000.00 $14.00 $42,000.00 518.00 354,000.00 518.00 $54.000.00 $16.00 $48,000.00 12 AsphaltConcrelePa"'mentCI.A 4010 TN $4300 $172,430.00 344.00 $176,440.00 $50.00 5200,500.00 $45.00 $180,45000 340.00 5160,400.00 $47.00 $188,470.00 $42.00 $168,420.00 13 Catch Basin Type 1 10 EA 3950.00 39,500.00 $900.00 59.000.00 31,000.00 $10,000.00 51,250.00 $12,500.00 $700.00 $7,000.00 3850.00 58.500.00 $800.00 $8,000.00 14 Catch Basin Type 2. 48 In. Diam 4EA $2,290.00 59,160.00 $4,500.00 $18.000.00 $2.000.00 $8,000.00 $2.500.00 $10.000.00 32.000.00 38.000.00 51,500.00 $6,000.00 52.500.00 310,000.00 15 Stormflter 1 lS $39,997.00 $39.997.00 330,000.00 $30.000.00 $25,000.00 $25.000.00 $40,000.00 $40,000.00 $37,000.00 537,000.00 $60.000.00 $60.000.00 $40,000.00 340.000.00 18 Corrugated Polyethylene Storm Sewer Pipe. 8" Diam 320 IF 527.10 58.672.00 527.00 $8,640.00 $60.00 519.200.00 $40.00 512.800.00 539.00 512.480.00 518.00 55,760.00 $20.00 $6.400.00 17 Corrugated Polyethylene Storm Sewer Pipe. 12" Diam 995 IF $31.20 $31.044.00 $33.00 $32,835.00 $70.00 $69.650.00 $40.00 $39,800.00 $46.00 $45,770.00 $30.00 529,850.00 $24.00 323.880.00 18 Gra",1 Borrow for Trench Bacl<fdl 1200 TN 51267 315.204.00 513.00 515.600.00 58.00 $9,600.00 $14.50 517.400.00 517.00 320,400.00 512.00 $14.400.00 $15.00 518,000.00 19 Crushed Surfacing Top Course for Trench Backf;1 620.00 TN 514.81 $9,182.20 520.00 $12,400.00 510.00 $6,200.00 $18.00 59.920.00 520.00 512.400.00 518.00 511,16000 $20.00 512,400.00 20 Raise Water Val", Box 1 EA 3275.00 5275.00 31.000.00 51,000.00 5200.00 5200.00 5375.00 $375.00 $150.00 5150.00 5225.00 $225.00 5150.00 5150.00 21 Adjust Manhole 2EA 5525.00 51.050.00 51,000.00 52.000.00 5500.00 $1.000.00 $400.00 $800.00 5500.00 51,000.00 5500.00 51,000.00 $400.00 $800.00 22 Resetting E>Osting Hydrants 1 EA $872.00 $872.00 $1,500.00 $f,500.00 51,500.00 51,500.00 52,000.00 32.000.00 5800.00 5800.00 3750.00 3750.00 31.500.00 51,50000 23 Mo,,;ng EJOsting Hydrants 1 EA 51,183.00 51.183.00 51.500.00 51.500.00 32.500.00 52,500.00 32,000.00 52.000.00 $1,800.00 51,600.00 51,250.00 51.250.00 52.000.00 52,000.00 24 Adjust Monument Case & Co",r 3EA 5525.00 51.575.00 51,000.00 $3.000.00 $400.00 $1.200.00 $350.00 51.050.00 5200.00 $600.00 $400.00 51.200.00 315000 $45000 25 Raise Junction Box 2EA 3125.00 5250.00 51,000.00 52,000.00 5200.00 $400.00 $1.100.00 $2,200.00 $100.00 5200.00 3500.00 51.000.00 $30000 $600.00 28 Cement Conc. Banier Curb 440 IF 520.80 59,152.00 517.00 $7,480.00 520.00 $6,800.00 521.00 59.240.00 $8.00 33,520.00 $18.00 $7,920.00 5900 53.960.00 27 Cement Conc. Banier Curb and Gutter 1.114 IF 514.00 515,596.00 317.00 $18.938.00 5t8.00 520.052.00 513.00 $14,482.00 310.00 511,140.00 $12.00 313.368.00 $12.00 513.36800 28 Type A Precast Traffic Curb 733 IF $13.00 59,529.00 515.00 $tO,995.00 512.00 $8.796.00 $14.00 $10,262.00 31150 58.429.50 510.50 57.696.50 518.00 513.194.00 29 Cement COnc. Sidewalk 1,003 SY 523.00 $23,069.00 527.00 $27,081.00 $40.00 $40.120.00 $29.00 329.087.00 520.00 520.060.00 524.00 524.072.00 520.00 320,060.00 30 Topsol. Type A 230 CY $25.00 $5,T50.00 $20.00 $4.800.00 $40.00 $9,200.00 $25.00 $5,750.00 523.00 35,29000 530.00 56,900.00 $40.00 59.200.00 31 Seeding and Mulching 0.5 ACRE 51.200.00 $600.00 51,000.00 5500.00 $2,500.00 $1,250.00 $1,300.00 $650.00 $3,425.00 51.712.50 5600.00 $300.00 52,500.00 $1,250.00 32 landscaping 1 lS 546.700.00 $46,700.00 539.000.00 339,000.00 $42.000.00 542.000.00 $40,000.00 340.000.00 $40,000.00 $40,000.00 $49.000.00 $49,000.00 540,000.00 $40,000.00 33 Contractor Designed Irligation System, Complete 1 lS 515.600.00 515,600.00 37.000.00 $7,000.00 55,000.00 $5,000.00 $5.500.00 $5,500.00 $9,000.00 59,00000 $15.000.00 515,00000 514,000.00 5'4,000.00 34 Raised Pa",ment Mar1<er. Type 1 6 HUND. 5215.00 31.376.00 3175.00 51,120.00 $200.00 $1,280.00 $235.00 51,504.00 $177.00 $1,132.80 3175.00 51,120.00 5280.00 $1.792.00 35 Raised Pavement Mar1<er, Type 2 1 HUND. $320.00 5384.00 5250.00 3300.00 $300.00 5360.00 $350.00 $420.00 $280.00 $312.00 5300.00 $360.00 $800.00 $960.00 36 Hydrant Mar1<er, Type 2B 2EA $6.00 512.00 52.50 $5.00 320.00 $40.00 $8.00 $12.00 $4.00 58.00 55.00 $10.00 57.00 $14.00 37 Painted line 1.485 IF 50.22 $326.70 50.35 $519.75 $0.40 $594.00 $0.25 $371.25 30.36 5534.60 $0.40 $594.00 $0.15 5222.75 3B Plastic line 3,650 IF 51.64 55.986.00 $2.00 $7,300.00 $2.00 $7,300.00 $1.B5 $6.752.50 52.25 58,212,50 $2.50 $9,12500 3140 $5,110.00 39 Plastic CrossWalk line 360 IF 34.10 51,478.00 52.50 3900.00 53.00 $1,OBO.OO $4.50 $1,620.00 $2.85 51.026.00 $3.00 $1,080.00 51.90 $684.00 40 Remo", Striping. 920 IF 50.55 $506.00 $0.50 $460.00 50.40 5368.00 30.60 $552.00 51.00 5920.00 50.60 $552.00 $0.80 5736.00 41 Plastic Pa",ment Mar1<ing 15 EA $48.00 $720.00 525.00 $375.00 $40.00 $600.00 $55.00 5825.00 526.00 $390.00 $30.00 $450.00 53B.00 557000 42 Relocate Existing Sign 18 EA $215.00 53.870.00 5250.00 $4,500.00 $130.00 $2,340.00 5200.00 $3,600.00 $200.00 53.600.00 $190.00 53.42000 $104.00 51,872.00 43 Proposed Signage 213 SF $59.00 512,567.00 $52.00 $11.078.00 $40.00 $8,520.00 550.00 $10.650.00 315.00 53,195.00 550.00 $10,65000 525.00 55,325.00 44 Illumination System Complete 1 EA 372.045.00 $72,045.00 $55,000.00 $55,000.00 $85.000.00 585.000.00 $70,000.00 570.000.00 $55.000.00 $55.000.00 579,000.00 579,00000 575,000.00 $75,000.00 45 Temporary TraffIC Control Devices 1 lS $22,020.00 $22.020.00 55.000.00 $5,000.00 35.000.00 $5.000.00 $13,000.00 $13,000.00 $15,000.00 $15,000.00 533,500.00 $33.500.00 512.000.00 $12.000.00 46 Sitt Fence 488 IF $7.00 53,416.00 59.00 $4.392.00 58.00 $3,904.00 55.00 $2.440.00 $4.00 51,952.00 $7.00 $3,416.00 $4.00 51,952.00 47 Temporary Water PoliutionlErosion Control 1 FA $3.000.00 $3000.00 $3,000.00 $3000.00 $3,000.00 $3000.00 $3,000.00 53000.00 $3.000.00 $3 000.00 53,000.00 53 000.00 $3,000.00 33,00000 TOTAL $778.704090 $779,970.75 $789,676.00 $817,367.75 $820,578.90 5838.028,50 $714,913.75 Copies Submitted ONE ONE ONE ONE ONE ONE ONE Bid Signature YES YES YES YES YES YES YES Bid Bond YES YES YES YES YES YES YES References NfA NJA NfA NfA NfA NfA NfA Entered For Bid Item 10 $22,630.00 Actual Amount $22.660.00 No Change In Bid Amount Bid amount = 622291.4 Difference = $1,712.50 Item # 31 Unit Price = $3.425 Total bid is $1,712.50 Did not mu~iply by 0.5 P ge2012 MEETING DATE: April 6, 2004 . / ITEM# i/ Ic!.J- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: West Branch and Main Stem Lakota Creek Restoration Project -100% Design Approval & Authorization to Bid CATEGORY: BUDGET IMP ACT: C8J 0 0 CONSENT RESOLUTION 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 March 15,2004. .......-.--....-.....-....... .......-.........-.....-....... SUMMARYIBACKGROUND: This project restores approximately 4,630 lineal feet of the west branch and main stem of Lakota Creek from S. 320th Street downstream to the upstream end of the Lakota Wastewater Treatment Plant. Restoration activities include: . placement of log structures placement of streambed gravel removing fish passage barriers stabilizing the channel and stream bank creating an off-channel pool channel realignment & restoration revegetation . . . . . . The Land Use and Transportation Committee approved the 85% design stage of this project on October 20, 2003. Since then, three property owners have refused to grant easements to the City. The project is still viable without these properties. However, staff proposes making the following change to the scope of the project: Delete the project components on these three properties: Durham, Lowman, Riley. These parcels are located between the Lower West Branch of Lakota Creek, parallel to SR 509 between the confluence with the East Branch and the West Branch culvert crossing of SR 509, and the upstream hairpin turn. Surface Water Management staff is working on two additional required easements; one from Lakehaven Utility District and one from sm Developing, LLc. Both property owners have agreed to grant the easements to the City at no cost. Currently the project design is 100% complete and hereby presented for your consideration. The total project cost estimate is $1,513,971. The total available funding is $2,079,977, leaving a balance of $566,006.00. ..........................................................mm.............. ............................................................................mm..........................-................... .................................................... ..................-..............................................................mm.................................................. CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 15,2004 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Approve the 100% design plans and specifications for the West Branch and Main Stem Lakota Creek Restoration Project; 2. Authorize the City Manager to execute the negotiated easement from David Dailey 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 plans, authorize the City Manager to execute the necessary negotiated easements and authorize staff to bid the project and return to the City Council for pennission to award the contract to the lowest responsive, responsible bidder. CITY MANAGER APPROVAL: OMPLETED 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 ~ CITYOF ,. ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: March is, 2004 Jack Dovey, Chair Land Use and Transportation Committee .- Paul A. Bucich! P.E., Surface Water Manag(~ David H. M~ger West Branch and Main Stem Lakota Creek Restoration Project - 100% Design Approval & Authorization to Bid BACKGROUND: This project restores approximately 4,630 lineal feet of the west branch and main stem of Lakota Creek from S. 320th Street downstream to the upstream end of the Lakota Wastewater Treatment Plant. The restoration activities of the project include the following: . placement of log structures placement of streambed gravel removing fish passage barriers stabilizing the channel and stream bank creating an off-channel pool channel realignment & restoration revegetation. . . . . . . The Land Use and Transportation Committee approved the 85% design stage of this project on October 20,2003. Since then, three property owners have refused to grant easements to the City. The project is still viable without these properties. However, staff proposes making the following change to the scope of the project: Delete the project components on these three properties: Durham, Lowman, Riley. These parcels are located between the Lower West Branch of Lakota Creek, parallel to SR 509 between the confluence with the East Branch and the West Branch culvert crossing of SR 509, and the upstream hairpin turn, Surface Water Management staff is working on two additional required easements; one from Lakehaven Utility District and one from SBI Developing, LLc. Both property owners have agreed to grant the easements to the City at no cost. Currently the project design is 100% complete and hereby presented for your consideration. PROJECT FUNDING: The project is funded as follows: Design Year 2004 Construction (estimate) 10% Construction Contingency Easement. Construction Management (10% of construction) TOTAL PROJECT COSTS: TOTAL AVAILABLE FUNDING: RECOMMENDATION: $317,700 $994,394 $99,439 $2,500 $99,938 $1,513,971 $2,O,!9,977 Staff requests that the Committee place the following project recommendations on the April 6, 2004 City Council Consent Agenda: 1. Approve the 100% design plans and specifications for the West Branch and Main Stem Lakota Creek Restoration Project; ""'>MI.' Authorize the City Manager to execute the negotiated easement from David Dailey 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. 3. .----u_u........ . ....- u' . ,APPROVAL OF COMMmEE REPORT: ' . .. . - m kovëÿ; Chäir ~~ri u F~;~:~' Me~r . .....................------- -----".-""."""-"""-"'--'------------'-'---"- . ..------______n_.__--_- .. -. ----.--... . FT:kk cc: Project File Central File K:\LUTC\2004\0315 LUTC Lakota Creek Restoration 100% l.doc MEETING DATE: ft~}j ~ ~ 2004 ITEM# ~l CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: S 288th Street at SR 99 Project - Access Issues CATEGORY: BUDGET IMP ACT: ~ D D CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated March 15,2004. .......-......-.....----....... .......-...-...........-....... SUMMARYIBACKGROUND: Two issues have raised concerns from citizens regarding the SR 99 at S 288th Street project: Access restrictions to adjacent properties and crosswalk closures across the south leg of the SR 99 and S 288th street intersection. PROJECT mSTORY: This project was added to the Transportation Improvement Program to address both congestion and safety issues. The intersection of SR 99 and S 288th Street was over capacity and had a high collision rate. The adjacent intersection to the east, S 288th Street at 18th Avenue S, also had one of the highest collision rates in the City; the street segment connecting them was a high collision rate corridor. To address these deficiencies, the project added a second westbound-to-southbound left-turn lane from S 288th Street to SR 99, added left-turn lanes on S 288th Street at 18th Avenue S, and added a new traffic signal at 18th Avenue S. To improve its competitiveness for grant funding, signal interconnect was also added on S 288th Street from SR 99 to Military Road S and on Military Road S from S Star Lake Road to S 304th Street. The City obtained a Transportation Improvement Account Grant from the Transportation Improvement Board and a Hazard Elimination/Safety Grant from Federal Highway Administration in 2001. City Council approved the 30% design stage in March 2002, 85% design stage in August 2002, 100% design stage and authorization to bid in March 2003, and bid award in May 2003. The project is substantially complete, with only the final overlay of pavement, associated pavement markings, and minor cleanup remaining. ACCESS RESTRICTIONS: The owner of the Redondo Shell gas station on the southeast comer of the intersection of S 288th Street and SR 99, who apparently purchased the business after the right of way for the project had been purchased, approached City staff in December 2003 about the possibility of not installing the planned "C-curb" on S 288th Street. His concern was that most of his business comes from neighborhoods to the east and that he would lose business if customers could not make a left-turn from S 288th Street westbound into his driveway. Staff met with him in January, outlining the safety issues driving the decision to install the C-curb, as described below. He then started a petition, signed by several customers and attracting the attention of the owner of Crestwood Animal Hospital, which also has access to S 288th Street immediately east of Redondo Shell. Staff is sensitive to the issue of economic impacts of access restrictions. Therefore, access restrictions are carefully considered in the design process of any project. The City adopted access standards in 1998 contained in Chapter 22, Article XVI, Division 4, based on a State requirement to adopt access management standards for state highways within the City, as well as a desire by staff to adopt consistent standards citywide. The City's standards are applied to new development. However, most street improvement projects have not typically attempted to meet these standards because to do so would frequently involve acquisition of reciprocal access easements or even construction of new streets to provide alternative access, at greatly increased cost. Since most midblock collisions involve left turns at driveways, a more cost-effective approach has been to mitigate the impacts of left-turn restrictions by assuring the ability to accommodate U-turns safely when unduly circuitous access would result. As a reference point, City code would allow only one right-in/right-out access on S 288th Street between SR 99 and 18th Avenue S and it would have to be at least 150 feet from either intersection. Under existing conditions, there are thee driveways on the south side of the street and one on the north side. The driveway at Redondo Shell is 100 feet from SR 99, Crestwood Animal Hospital's driveway is only 35 feet east of Redondo Shell's, and a mixed-use development's driveway is 100 feet west of the intersection of 18th Avenue S. CheckMate's driveway on the north side ofS 288th Street is 40 feet east of SR 99. In summary, none of the existing driveways meet the City's access management standards. Factors that were considered in the decision to restrict left-turns on this segment of S 288th Street include: . Existing high collision rates Significant queuing that would only be partially relieved by the project The project's creation of an additional westbound lane to cross Closely spaced driveways Inadequate comer clearance . . . . The Comprehensive Plan has identified 10.00 collisions per million vehicle miles as a high collision rate. The corridor collision rate on S 288th Street from SR 99 to 18th Avenue S from 1997 to 1999 was 69.11. The comparable citywide average for principal arterials is 6.23, the comparable average for 35 mph speed zones is 8.80, and the comparable average for four-lane undivided streets is 8.63. The intersection collision rate at SR 99 at S 288th Street was 1.02, and the intersection collision rate at 18th Avenue S at S 288th Street was 2.99, whereas an intersection is considered to have a high intersection collision rate if the collision rate is over 1.00 in the Comprehensive Plan. The majority of these collisions are congestion-related. Particularly relevant to S 288th Street, many appear to be a result of the extensive queues that previously developed on S 288th Street eastbound from SR 99, which frequently extended beyond 18th Avenue S. (Please see attached collision diagrams.) Prior to the construction ofthe project, the 95th percentile queue length on S 288th Street westbound was 647 feet from SR 99. Construction of the project has shortened that to 287 feet, still close to the 18th Avenue S intersection. Even with the construction of the SR 99 Phase III project, by 2007 this queue is estimated to extend 383 feet, though the intersection of 18th Avenue S, but is not forecast to worsen by 2020. Nonetheless, allowing mid-block left turns where significant queuing exists is a significant risk factor. This risk is compounded by the addition of another westbound lane. Many of the driveway-related collisions involve the situation wherein a driver in one lane leaves a gap in the queue for a left-turning vehicle to break through the queue. However, a driver in an adjacent free-flowing lane may not observe the left-turning vehicle in time to avoid a collision. Similarly, a driver in the free-flowing lane may be able to stop in time, but is rear-ended by another driver not anticipating the stop. Thus, some rear-end collisions may actually be driveway-related, but not reported as such. Also, drivers have a more difficult time judging gaps in traffic because of the additional lane. Finally, closely spaced driveways can be a risk factor because drivers attempting to enter the street simultaneously from nearby driveways may not be watching each other or correctly anticipating each other's movements. Comer clearance is the distance from an intersection that driveways should not be permitted to use because of sight distance concerns. Sight distance is calculated using procedures outlined in the American Association of State Highway and Transportation Officials (AASHTO) A Policy on the Geometric Design of Highways and Streets. Assuming an approach speed of 15 mph (normal for a turning movement), the driver of a vehicle turning left into the Redondo Shell driveway would need to see oncoming traffic 146 feet away from the intersection of their turning paths. This would be around the comer onto SR 99 in the case of northbound right-turn from SR 99, and such a vehicle would not be visible due to the gas station sign and the traffic signal controller cabinet. Hence, this movement could not be executed safely. It should be noted that the project actually brought the comer closer to the driveway; hence, the same level of risk did not previously exist. Worse, to leave the Redondo Shell driveway, oncoming traffic from the left would need to be visible from 175 feet away. Oncoming traffic from the west leg of the intersection would be proceeding closer to 25 mph, and would need to be seen from 292 feet away, which is beyond the crest of the hill west of SR 99. This would also apply to both the Crestwood Animal Hospital and CheckMate driveways. Given the cumulative effect of all these factors, the design solution proposed was the installation of Type C curb on S 288th Street between SR 99 and 18th Avenue S. Staff considered a limited application of C curb to minimize impacts to these businesses. However, our experience has been that C-curbing should extend at least 50 feet beyond the extent of the driveway to limit those who attempt to drive around the C-curb. These areas of influence overlap, thus it became impossible to allow left-turns at one driveway without compromising the effectiveness of the C-curb at another. Signs and driveway islands to. restrict certain movements have also been proposed in lieu of complete prohibition of left- turn access. However, the City's experience with these types of measures has been limited at best. For example, the access restrictions on S 3l2th Street at the Pavilions Centre driveway did significantly reduce collision experience, but the remaining collisions reported have all involved drivers ignoring the peak hour restriction. The driveway islands installed on S 320th Street west of SR 99 that were intended to prohibit left turns out of these driveways are violated regularly, and staff have observed one successful attempt at crossing all eight lanes of S 320th Street from the Rite Aid driveway to the Wells Fargo Driveway during midday peak hour. Finally, these restrictions are not generally enforceable by the police, so there is little disincentive to ignore the turn restrictions without a non-traversable barrier such as curbing. The installation of C-curb does not result in unreasonable access. The only case law in Washington State Public Works staff is aware of found that unreasonable access involved a grain elevator in eastern Washington where an access restriction to VS 395 resulted in seven miles of out-of-direction travel. By comparison, V-turns are legal at both 18th Avenue S and at SR 99, and can be accomplished by most passenger vehicles, according to AASHTO guidelines, although at 18th Avenue S it would involve encroaching into the crosswalk on the north leg of the intersection. Alternatively, traffic could proceed east on S 288th street, turn right on 19th Avenue S, right on S 290th Street, right on 18th Avenue S, and left on S 288th Street. Staff determined that there is no other reasonable means to assure roadway safety on this segment of S 288th Street. The access restrictions proposed, although less convenient, are not unreasonable restrictions to access. Therefore, the C-curb should be completed as currently designed. CROSSWALK CLOSURE: Residents within the project area have also raised concerns that the closure of the crosswalk on the south leg of the intersection of SR 99 and S 288th Street creates additional out-of-direction travel for pedestrians, some of whom may be mobility-impaired. Residents are further concerned that additional street crossings may increase pedestrian exposure to vehicular collisions. In light of the needs of the mobility-impaired and several Comprehensive Plan policies aimed at making Federal Way more pedestrian-friendly, staff carefully considers any proposal resulting in the closure of a crosswalk. However, a variety of circumstances exist that may justify closures. The overarching goal of the Traffic Division is to assure the safe and efficient movement of people and goods on our transportation system. Efficiency is generally measured by user delay. Failure to provide an efficient intersection has several effects. These include societal cost of delay, increased noise, reduced air quality, and frustrated users that may reduce safety by taking actions to reduce their delay which increases their risk of a collision. Further compounding the issue of efficiency is the state's Growth Management Act (GMA), which mandates that the City must provide adequate roadway capacity to accommodate planned growth. Growth targets are dictated by King County. However, GMA has no provision to allow the City to manage growth outside the City that impacts our streets system. Staff estimates that roughly 1/3 of the traffic on SR 99 at S 288th Street is diverted there by congestion on 1-5. Hence, the burden of maintaining adequate roadway capacity has been shifted to cities and counties by the state's failure to adequately fund expansion of the freeway system. It is in this context that the City is confronted with providing adequate roadway capacity at the intersection of SR 99 and S 288th Street. Because of the unique conditions of this intersection, we are limited to using "split phasing", which is where all one direction gets a green signal by itself, and then the opposite direction gets a green signal by itself. This is inherently inefficient, because it would normally require providing timing for two pedestrian phases across SR 99. To eliminate the split phasing, the west leg of the intersection would need to be widened in order to align the lanes on S 288th Street across SR 99. To accomplish this, the Reinhard Distribution building on the northwest comer of the intersection would need to be demolished, adding as much as $1,000,000 to the cost of the project. In measuring safety impacts, the increased potential for pedestrian collisions by crossing up to three legs of an intersection rather than one should be weighed against the increased potential for a collision because of increased congestion. Unfortunately, collision prediction models are not yet sufficiently accurate to determine which would be safer, so this factor is inconclusive. Closing a crosswalk, although preferably avoided, is not that unusual. Common features associated with closed crosswalks include multiple conflicting turning lanes permitted during the pedestrian phase, at T -intersections where drivers are not looking for conflicts, across freeway ramps, or as here, to improve the efficiency of split phase intersections. Below is a list of signalized intersections in Federal Way and the immediate vicinity where crosswalks have been closed. This list does not include freeway ramps where federal policies restrict access at interchanges. . S 272nd St / S Star Lake Road (owned by City of Kent) - no crosswalk on east leg. S 277th St / 55th Ave S (owned by King County) - no crosswalks on south leg. S Star Lake Rd / Military Road S - no crosswalk on north leg. Pacific Hwy S / S Dash Point Rd - no crosswalk on north leg. S 320th St / Military Road S (owned by King County) - no crosswalk on east leg. S 320th St / Weyerhaeuser Way S - no crosswalk on east leg. S 320th St / 32nd Ave S - no crosswalk on west leg. S 320th St / 11 th PI S - no crosswalk on west leg. S 321st St / S Peasley Canyon Rd (owned by King County) - no crosswalk on southeast leg. Pacific Hwy S/ 16th Ave S - no crosswalk on southwest leg. S 352nd St / Enchanted Pkwy S - no crosswalk on north leg. SW Campus Dr / Winco Dwy - no crosswalk on south leg. S 356th St / Pacific Hwy S - no crosswalk on north leg. Enchanted Pkwy S / 19th Wy S (owned by WSDOT) - no crosswalk on the north leg. Norpoint Wy NE / NE 29th St (owned by City of Tacoma) - no crosswalk on east leg. . . . . . . . . . . . . . . Given the impact of maintaining the crosswalk on the south leg of the intersection to the scope and cost of the project, staff chose to close the crosswalk. The crosswalk could be reopened at a cost of roughly $10,000 for the addition of pedestrian signals and push buttons and the installation of curb ramps. However, if this crosswalk is reopened, staff recommends that the scope of SR 99 Phase III be increased to include widening the west leg of the intersection and increasing the budget by $1,000,000 to address level-of-service impacts. CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 15,2004 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Changes not to be made in the proposed C-curb design on S 288th Street. 2. The crosswalk on the south leg of the intersection of S 288th Street and SR 99 remain closed. However, if the crosswalk is opened, increase the scope and budget of the SR 99 Phase III project to provide an additionallane on the west leg of the intersection to eliminate split phasing at the intersection. ..........-................................ ........................................ ........................................................................................................ PROPOSED MOTION: Motion to deny the proposed changes to the C-curb design on South 288th Street and to keep the south leg of the intersection of South 288th Street and SR 99 closed. However, if the crosswalk is opened, increase the scope and budget of the SR 99 Phase III project to provide an additional lane on the west leg of the intersection to eliminate split phasing at the intersection. .......................................... ...................................... ....................................... CITY MANAGER APPROVAL: ~ 1\ =æ:: \ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLED/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 ." '7 Federal Way DATE: March 15, 2004 FROM: Jack Dovey, Chair Land Use and Transportation Committee Rick Perez, City Traffic Engineer ~ David H. MO~nager S 28Sth Street at SR 99 Project - Access Issues TO: VIA: SUBJECT: BACKGROUND: Two issues have raised concerns from citizens regarding the SR 99 at 5 288th Street project: Access restrictions to adjacent properties and crosswalk closures across the south leg of the SR 99 and 5 288th street intersection. PROJECT HISTORY: This project was added to the Transportation Improvement Program to address both congestion and safety issues. The intersection of SR 99 and 5 288th Street was over capacity and had a high collision rate. The adjacent intersection to the east,S 288th Street at 18th Avenue 5, also had one of the highest collision rates in the City; the street segment connecting them was a high collision rate corridor. To address these deficiencies, the project added a second westbound-to-southbound left-turn lane from 5 288th Street to SR 99, added left-turn lanes on 5 288th Street at 18th Avenue 5, and added a new traffic signal at 18th Avenue S. To improve its competitiveness for grant funding, signal interconnect was also added on 5 288th Street from SR 99 to Military Road 5 and on Military Road 5 from 5 Star Lake Road to 5 304th Street. The City obtained a Transportation Improvement Account Grant from the Transportation Improvement Board and a Hazard Elimination/Safety Grant from Federal Highway Administration in 2001. City Council approved the 30% design stage in March 2002, 85% design stage in August 2002, 100% design stage and authorization to bid in March 2003, and bid award in May 2003. The project is substantially complete, with only the final overlay of pavement, associated pavement markings, and minor cleanup remaining. ACCESS RESTRICTIONS: The owner of the Redondo Shell gas station on the southeast corner of the intersection of 5 288th Street and SR 99, who apparently purchased the business after the right of way for the project had been purchased, approached City staff in December 2003 about the possibility of not installing the planned "C-curb" on S 288th Street. His concern was that most of his business comes from neighborhoods to the east and that he would lose business if customers could not make a left-turn from S 288th Street westbound into his driveway. Staff met with him in January, outlining the safety issues driving the decision to install the C-curb, as described below. He then started a petition, signed by several customers and attracting the attention of the owner of Crestwood Animal Hospital, which also has access to S 288th Street immediately east of Redondo Shell. Staff is sensitive to the issue of economic impacts of access restrictions. Therefore, access restrictions are carefully considered in the design process of any project. The City adopted access standards in 1998 contained in Chapter 22, Article XVI, Division 4, based on a State requirement to adopt access management standards for state highways within the City, as well as a desire by staff to adopt consistent standards citywide. The City's standards are applied to new development. However, most street improvement projects have not typically attempted to meet these standards because to do so would frequently involve acquisition of reciprocal access easements or even construction of new streets to provide alternative access, at greatly increased cost. Since most mid block collisions involve left turns at driveways, a more cost-effective approach has been to mitigate the impacts of left-turn restrictions by assuring the ability to accommodate U-turns safely when unduly circuitous access would result. As a reference point, City code would allow only one right-in/right-out access on S 288th Street between SR 99 and 18th Avenue S and it would have to be at least 150 feet from either intersection. Under existing conditions, there are thee driveways on the south side of the street and one on the north side. The driveway at Redondo Shell is 100 feet from SR 99, Crestwood Animal Hospital's driveway is only 35 feet east of Redondo Shell's, and a mixed-use development's driveway is 100 feet west of the intersection of 18th Avenue S. CheckMate's driveway on the north side of S 288th Street is 40 feet east of SR 99. In summary, none of the existing driveways meet the City's access management standards. Factors that were considered in the decision to restrict left-turns on this segment of S 288th Street include: . Existing high collision rates Significant queuing that would only be partially relieved by the project The project's creation of an additional westbound lane to cross Closely spaced driveways Inadequate corner clearance . ".Jo ¡" . . . The Comprehensive Plan has identified 10.00 collisions per million vehicle miles as a high collision rate. The corridor collision rate on S 288th Street from SR 99 to 18th Avenue S from 1997 to 1999 was 69.11. The comparable citywide average for principal arterials is 6.23, the comparable average for 35 mph speed zones is 8.80, and the comparable average for four-lane undivided streets is 8.63. The intersection collision rate at SR 99 at S 288th Street was 1.02, and the intersection collision rate at 18th Avenue S at S 288th Street was 2.99, whereas an intersection is considered to have a high intersection collision rate if the collision rate is over 1.00 in the Comprehensive Plan. The majority of these collisions are congestion- related. Particularly relevant to S 288th Street, many appear to be a result of the extensive queues that previously developed on S 288th Street eastbound from SR 99, which frequently extended beyond 18th Avenue S. (Please see attached collision diagrams.) Prior to the construction of the project, the 95th percentile queue length on S 288th Street westbound was 647 feet from SR 99. Construction of the project has shortened that to 287 feet, still close to the 18th Avenue S intersection. Even with the construction of the SR 99 Phase III project, by 2007 this queue is estimated to extend 383 feet, though the intersection of 18th Avenue S, but is not forecast to worsen by 2020. Nonetheless, allowing mid-block left turns where significant queuing exists is a significant risk factor. . This risk is compounded by the addition of another westbound lane. Many of the driveway-related collisions involve the situation wherein a driver in one lane leaves a gap in the queue for a left-turning vehicle to break through the queue. However, a driver in an adjacent free-flowing lane may not observe the left-turning vehicle in time to avoid a collision. Similarly, a driver in the free-flowing lane may be able to stop in time, but is rear- ended by another driver not anticipating the stop. Thus, some rear-end collisions may actually be driveway- related, but not reported as such. Also, drivers have a more difficult time judging gaps in traffic because of the additional lane. Finally, closely spaced driveways can be a risk factor because drivers attempting to enter the street simultaneously from nearby driveways may not be watching each other or correctly anticipating each other's movements. Corner clearance is the distance from an intersection that driveways should not be permitted to use because of sight distance concerns. Sight distance is calculated using procedures outlined in the American Association of State Highway and Transportation Officials (MSHTO) A Po/icy on the Geometric Design of Highways and Streets. Assuming an approach speed of 15 mph (normal for a turning movement), the driver of a vehicle turning left into the Redondo Shell driveway would need to see oncoming traffic 146 feet away from the intersection of their turning paths. This would be around the corner onto SR 99 in the case of northbound right-turn from SR 99, and such a vehicle would not be visible due to the gas station sign and the traffic signal controller cabinet. Hence, this movement could not be executed safely. It should be noted that the project actually brought the corner closer to the driveway; hence, the same level of risk did not previously exist. Worse, to leave the Redondo Shell driveway, oncoming traffic from the left would need to be visible from 175 feet away. Oncoming traffic from the west leg of the intersection would be proceeding closer to 25 mph, and would need to be seen from 292 feet away, which is beyond the crest of the hill west of SR 99. This would also apply to both the Crestwood Animal Hospital and CheckMate driveways. Given the cumulative effect of all these factors, the design solution proposed was the installation of Type C curb on S 288th Street between SR 99 and 18th Avenue S. Staff considered a limited application of (curb to minimize impacts to these businesses. However, our experience has been that C-curbing should extend at least 50 feet beyond the extent of the driveway to limit those who attempt to drive around the (-curb. These areas of influence overlap, thus it became impossible to allow left-turns at one driveway without compromising the effectiveness of the (-curb at another. Signs and driveway islands to restrict certain movements have also been proposed in lieu of complete prohibition of left-turn access. However, the City's experience with these types of measures has been limited at best. For example, the access restrictions on S 312th Street at the Pavilions (entre driveway did significantly reduce collision experience, but the remaining collisions reported have all involved drivers ignoring the peak hour restriction. The driveway islands installed on S 320th Street west of SR 99 that were intended to prohibit left turns out of these driveways are violated regularly, and staff have observed one successful attempt at crossing all eight lanes of S 320th Street from the Rite Aid driveway to the Wells Fargo Driveway during midday peak hour. Finally, these restrictions are not generally enforceable by the police, so there is little disincentive to ignore the turn restrictions without a non-traversable barrier such as curbing. The installation of C-curb does not result in unreasonable access. The only case law in Washington State Public Works staff is aware of found that unreasonable access involved a grain elevator in eastern Washington where an access restriction to US 395 resulted in seven miles of out-of-direction travel. By comparison, U-turns are legal at both 18th Avenue S and at SR 99, and can be accomplished by most passenger vehicles, according to MSHTO guidelines, although at 18th Avenue S it would involve encroaching into the crosswalk on the north leg of the intersection. Alternatively, traffic could proceed east on S 288th street, turn right on 19th Avenue S, right on S 290th Street, right on 18th Avenue S, and left on S 288th Street. Staff determined that there is no other reasonable means to assure roadway safety on this segment of S 288th Street. The access restrictions proposed, although less convenient, are not unreasonable restrictions to access. Therefore, the (-curb should be completed as currently designed. CROSSWALK CLOSURE: Residents within the project area have also raised concerns that the closure of the crosswalk on the south leg of the intersection of SR 99 and S 288th Street creates additional out-of-direction travel for pedestrians, some of whom may be mobility-impaired. Residents are further concerned that additional street crossings may increase pedestrian exposure to vehicular collisions. In light of the needs of the mobility-impaired and several Comprehensive Plan policies aimed at making Federal Way more pedestrian-friendly, staff carefully considers any proposal resulting in the closure of a crosswalk. However, a variety of circumstances exist that may justify closures. The overarching goal of the Traffic Division is to assure the safe and efficient movement of people and goods on our transportation system. Efficiency is generally measured by user delay. Failure to provide an efficient intersection has several effects. These include societal cost of delay, increased noise, reduced air quality, and frustrated users that may reduce safety by taking actions to reduce their delay which increases their risk of a collision. Further compounding the issue of efficiency is the state's Growth Management Act (GMA), which mandates that the City must provide adequate roadway capacity to accommodate planned growth. Growth targets are dictated by King County. However, GMA has no provision to allow the City to manage growth outside the City that impacts our streets system. Staff estimates that roughly 1/3 of the traffic on SR 99 at S 288th Street is diverted there by congestion on I-5. Hence, the burden of maintaining adequate roadway capacity has been shifted to cities and counties by the state's failure to adequately fund expansion of the freeway system. It is in this context that the City is confronted with providing adequate roadway capacity at the intersection of SR 99 and S 288th Street. Because of the unique conditions of this intersection, we are limited to using "split phasing", which is where all one direction gets a green signal by itself, and then the opposite direction gets a green signal by itself. This is inherently inefficient, because it would normally require providing timing for two pedestrian phases across SR 99. To eliminate the split phasing, the west leg of the intersection would need to be widened in order to align the lanes on S 288th Street across SR 99. To accomplish this, the Reinhard Distribution building on the northwest corner of the intersection would need to be demolished, adding as much as $1,000,000 to the cost of the project. In measuring safety impacts, the increased potential for pedestrian collisions by crossing up to three legs of an intersection rather than one should be weighed against the increased potential for a collision because of increased congestion. Unfortunately, collision prediction models are not yet sufficiently accurate to determine which would be safer, so this factor is inconclusive. Closing a crosswalk, althoUgh preferably avoided, is not that unusual. Common features associated with closed crosswalks include multiple conflicting turning lanes permitted during the pedestrian phase, at T-intersections where drivers are not looking for conflicts, across freeway ramps, or as here, to improve the efficiency of split phase intersections. Below is a list of signalized intersections in Federal Way and the immediate vicinity where crosswalks have been closed. This list does not include freeway ramps where federal policies restrict access at interchanges. . S 272nd St / S Star Lake Road (owned by City of Kent) - no crosswalk on east leg. S 277th St / 55th Ave S (owned by King County) - no crosswalks on south leg. S Star Lake Rd / Military Road S - no crosswalk on north leg. Pacific Hwy S / S Dash Point Rd - no crosswalk on north leg. S 320th St / Military Road S (owned by King County) - no crosswalk on east leg. S 320th St / Weyerhaeuser Way S - no crosswalk on east leg. S 320th St / 32nd Ave S - no crosswalk on west leg. S 320th St / 11th PI S - no crosswalk on west leg. S 321st St / S Peasley Canyon Rd (owned by King County) - no crosswalk on southeast leg. Pacific Hwy S/ 16th Ave S - no crosswalk on southwest leg. S 352nd St / Enchanted Pkwy S - no crosswalk on north leg. SW Campus Dr / Winco Dwy - no crosswalk on south leg. S 356th St / PacificHwy S - no crosswalk on north leg. Enchanted Pkwy S / 19th Wy S (owned by WSDOT) - no crosswalk on the north leg. Norpoint Wy NE / NE 29th St (owned by City of Tacoma) - no crosswalk on east leg. . . . . . . . . . . . . . . Given the impact of maintaining the crosswalk on the south leg of the intersection to the scope and cost of the project, staff chose to close the crosswalk. The crosswalk could be reopened at a cost of roughly $10,000 for the addition of pedestrian signals and push buttons and the installation of curb ramps. However, if this crosswalk is reopened, staff recommends that the scope of SR 99 Phase III be increased to include widening the west leg of the intersection and increasing the budget by $1,000,000 to address level-of-service impacts. RECOMMENDATION: Staff requests that the Committee place the following project recommendations on the April 6, 2004 City Council Consent Agenda: 1. Changes not to be made in the proposed C-curb design on S 288th Street. 2. The crosswalk on the south leg of the intersection of S 288th Street and SR 99 remain closed. However, if the crosswalk is opened, increase the scope and budget of the SR 99 Phase III project to provide an additional lane on the west leg of the intersection to eliminate split phasing at the intersection. -.. .... -.,--. ,.., ,-- APPROVAL OF COMMIlTEE REPORT: -~-~~ Ja m'- ~Cha~--~:~~~~~1r: cc: Project Ale Central Ale k:\lutc\2004\99s288 access. doc Collision Record System Collision Diagram City of Federal Way 03-06- 2004 Location: 18 AV 5 at 5 288 ST Report Period: 01/16/1997 to 02/28/2003 t North 2 ~ 18 AV S S 288 ST 1 H lb1 118 32- j2111 2 ì r j 3 8< ~ . )8C ») 8C 8 2 2 2 5 7 3 . s 3 )8 --¿ ~ 1 S 288 ST 1 18 AV S ~ LEGEND: Right Angle: Sideswipe: ~ ~ Head On: ___m~ ~---- Backing: ----7077----7 Approach Turn: ---y- ~--- Pedestrian/ Bicyclist: - --- 7;() P/B Rear End: -------K)----i> Fixed Object! Parked Vehicle: ~----- -- Note: HOLLOW CIRCLE: Property Damage Only SOLID CIRCLE: At least one injury collision SOLID SQUARE: At least one fatality collision. Collision Record System Collision Diagram City of Federal Way 03-06- 2004 Location: S 288 ST at SR 99 Report Period: 01/04/1997 to 02/20/2003 t 3 22 3 ~ SR 99 North 2 S 288 ST 6 H lbl 8( t=--n:::= 3 6 2 1 2 ~-2- J ¡.....-lrS¡ 1 ») 8( BIKE8( PED 2 3 2 () s 3 4 BIKE ~ PED I 6 3 1 24 l S 288 ST SR 99 4 LEGEND: Right Angle: Sideswipe: -----1 0-) -----) Head On: - ---¿ex- Backing: ------xJ>:»--7 Approach Turn: ---y---- Pedestrian/ Bicyclist: -- ----70 P/B Rear End: ---- -¿() -----7 Fixed Object! Parked Vehicle: ~x -- --- Note: HOLLOW CIRCLE: Property Damage Only SOLID CIRCLE: At least one injury collision SOLID SQUARE: At least one fatality collision. 5.33 T.22N. R.4E. W. M. 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BY I",vol """""'.""'Y. ~ fëderal Way S. 288TH AT SR99 SIGNJ-L ~ INTERSECTK CHANNELIZATION ÞND SIGt CH2MHILL ~~~,'I:,"I;':I.....-.~=~\~,...~:\..::~~-:.,::.:r-;~,¡<""".,..o:\.~7""';:..o: ,,~~.. , ""59""'." ",""',2003 ~ J, ~ 5.4 T.22N I I -...".-,..,,""1 MEETING DATE: April 6, 2004 ~fl ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: SR 99 at S 333rd Street Median Break CATEGORY: BUDGET IMPACT: ~ D D 0 ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ CONSENT RESOLUTION CITY COUNCIL BUSINESS ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated March 15,2004. SUMMARYIBACKGROUND: The SR 99 HOV Lanes Phase II project reconstructs SR 99 between S 324th Street and S 340th Street to add HOV lanes, raised medians, curbs, gutters, sidewalks, planter strips, street lights, street trees, and undergrounded utilities. It also adds a second northbound left-turn lane at S 336th Street, and reconstructs S 332nd Street and S 330th Street between 15th Avenue Sand SR 99, adding curbs, gutters, sidewalks, planter strips, street lights, streets trees, and undergrounded utilities. The project was reviewed at the 30% design stage in May 2001,85% design stage in June 2002, and 100% design stage in February 2003. In late 2003 Mr. Kim, a business owner located at the southeast comer of SR 99 and S 333fd Street, requested a median break to permit southbound left-turns from SR 99 to S 333fd Street. In October 2003, staff responded to Mr. Kim by presenting the rationale for using raised medians on this project. In response, the Committee suggested Mr. Kim provide a study to document the need for the median break and to also respond to the concerns of City staff; this study was submitted in January 2004. The study concluded: . The lack of a left turn lane at S 333rd Street adversely impacts the capacity of the intersection of SR 99 and S 336th Street. The median break does not interfere with the provision of adequate left turn storage at adjacent signalized intersections. No queue is projected that would interfere with the safety of the southbound left turn at S 333fd Street. The revision would not be expensive since the median is not yet constructed. All applicable standards can be met. Collision history does not indicate that there would be a safety issue. The median break would reduce traffic impacts to residential areas to the east. A median break at S 333fd Street would serve more traffic than currently exists at the median break provided in the SR 99 Phase 1 project, at S 318th Place. . . . . . . . Based on these conclusions, the study recommended allowing the installation of the southbound left-turn lane at S 333fd Street. Staff concurs with most of the conclusions with some exceptions, which are outlined as follows: Impact to S 3361h Street: The study likely overstates the positive impact of allowing the left-turn lane at S 333rd Street. Based on the City's experience on the SR 99 Phase I project, not all left-turns at midblock locations have become V-turns at downstream left-turn lanes. This suggests that many drivers will reroute their trips to avoid making V-turns. They may be using parallel side streets or using different arterials to get to the "right" side of SR 99. Collision History: Although not expected to result in a significant increase, adding a third lane of opposing traffic is likely to increase the risk of left-turn collisions. Also, the study cites a gap study which showed that the number of five-second gaps in opposing traffic is adequate to handle the left-turn volume. However, per AASHTO procedures for intersection sight distance, a gap of 6.5 seconds is necessary to cross three opposing lanes. Assuming an even distribution within the 5-mph range in the statistical distribution (which is not a safe assumption), the number of adequate gaps would be reduced to 118, which is over the projected volume of 105. The median break would reduce impacts to the residential neighborhoods to the east: Although desirable, the Comprehensive Plan anticipates the use of the 20th Avenue S as a means of providing access where not provided by median breaks on SR 99. Furthermore, the study cites the presence of speed humps as evidence that volumes are excessive on 20th Avenue S, when the primary purpose of speed humps is speed reduction, not volume reduction. The median break at S 333rd Street would be used by greater volumes than the existing median breaks on Phase I: First, it should be noted that volumes collected on SR 99 during Phase II are not normal. Comparison of current count data with data collected in 2003 shows a drop in peak hour volume on SR 99 of approximately 500 vehicles per hour. Similarly, volumes on 20th Avenue S have increased by 200 vehicles per day. Secondly, the study only considered this volume comparison during the weekday evening peak hour, and compares the lowest volume median break on Phase I to S 333fd Street. The highest peak hour volumes on Phase I are typically on Saturday. A comparison of the left-turn volumes conducted by the City at these locations is as follows: :..: L6ç~tio'~;i. S 333r Street Ross Plaza S 318 Place Pavilions Centre da .:'p k¡¡;., ..Y ,~, ,'. ôûr:'Völrilrië, " 21 59 56 120 Thirdly, the median breaks on Phase I were not solely provided based on existing traffic volumes, but also are intended to accommodate planned growth in the City Center by serving locations of planned streets in an area that is planned for high- density development. By comparison, S 333rd Street provides access to properties zoned multi-family (some of which is still single-family) once east of the commercial strip along SR 99. Density along S 333fd Street will increase, but not to as large an extent as in the City Center. Issues that are not addressed in the study include the consequences of providing the median break from a policy perspective in terms of planning for future street connections, precedent, and right of way negotiations. In terms of planning, the issue to be considered is whether granting this median break would preclude other median breaks that the City may deem more appropriate. In this case, S 332nd Street would be precluded from having a median break. S 332nd Street is shown in the Comprehensive Plan to connect across property being considered for Federal Way School District's new bus barn, continue along the southern boundary of Celebration Park, and line up with the planned extension of S 333fd Street being constructed in conjunction with the new Community Center and to serve the new City Hall. Because of their close proximity to each other, left-turn lanes for both cannot be designed to meet minimum standards, as shown in the attached drawing. Furthermore, a left-turn lane serving S 33Znd Street would need to be much longer. than the 100 foot minimum to meet WSDOT standards, as shown in the attachment because of its use by trucks to Ernie's Truck Stop, delivery trucks to Pacific Coast Ford, and potentially school buses to the bus barn. Note that whatever design is agreed to, it must be approved by WSDOT. Furthermore, with this level of traffic, it is likely that this intersection would need to be signalized in order to function safely, which then would generate queues that would block the intersection of S 333fd Street. The issue of precedent is merely asking the question of whether this is the way that Council wishes to consider these requests. Highly related is the issue of right of way negotiations. Staff must negotiate with each property owner on SR 99 to acquire right of way. Each owner did not wanted to lose left-turn access but were told that it was necessary. In the case of Ernie's Truck Stop, possibly the highest generator of trips on Phase II, a study was submitted to justify left- turn access at S 33Znd Street. Staff determined that this proposal did not adequately justify the left-turn access because of the precedence issue and because it could not function safely without a traffic signal. (Note that the location of the new City Hall, Community Center, and School District bus barn had not yet been determined.) In lieu of this access, the City committed to construct S 332nd Street and S 330th Street to improve truck access to Ernie's. To now make an exception after a project has already been designed and right of way purchased would suggest the City did not bargain in good faith. Furthennore, it would also set a precedent that will make future right of way negotiations more protracted and expensive. Therefore, staff recommends that Mr. Kim's request for a median break on SR 99 at S 333fd Street be denied. CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 15, ZO04 meeting, the Land Use and Transportation Committee recommended approving a break in the median at South 333fd Street to provide left hand turn capability from SR 99 to South 333fd Street. In addition, the Committee requested that staff evaluate and provide information on the potential to have the westerly grid road at South 333fd Street in lieu of the planned westerly grid road at South 332nd Street. Furthennore, the proposed median break at South 333fd Street could be temporary in nature, depending upon whether or not the westerly grid road could be relocated from South 33Znd Street to South 333rd Street. PROPOSED MOTION: Motion to approve a temporary median break on SR 99 at South 333rd Street. Furthennore, motion to direct staff to evaluate locating the westerly grid road at South 333rd Street rather than at South 332nd Street. The final location of the grid road will detennine the pennanency of the median break. CITY MANAGER APPROVAL: ............................................. ......... ~ .......",............",."'..........."'."'."'...... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED D 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: March 15, 2004 FROM: Jack Dovey, Chair Land Use and Transportation Committee Rick Perez, City Traffic Engineer ,~:? David H. MO~~ager SR 99 at S 333rd Street Median Break TO: VIA: SUBJECT: BACKGROUND: The SR 99 HOV Lanes Phase II project reconstructs SR 99 between S 324th Street and S 340th Street to add HOV lanes, raised medians, curbs, gutters, sidewalks, planter strips, street lights, street trees, and undergrounded utilities. It also adds a second northbound left-turn lane at S 336th Street, and reconstructs S 332nd Street and S 330th Street between 15th Avenue Sand SR 99, adding curbs, gutters, sidewalks, planter strips, street lights, streets trees, and undergrounded utilities. The project was reviewed at the 30% design stage in May 2001, 85% design stage in June 2002, and 100% design stage in February 2003. In late 2003 Mr. Kim, a business owner located at the southeast corner of SR 99 and S 333rd Street, requested a median break to permit southbound left-turns from SR 99 to S 333rd Street. In October 2003, staff responded to Mr. Kim by presenting the rationale for using raised medians on this project. In response, the Committee suggested Mr. Kim provide a study to document the need for the median break and to also respond to the concerns of City staff; this study was submitted in January 2004. The study concluded: . The lack of a left turn lane at S 333rd Street adversely impacts the capacity of the intersection of SR 99 and S 336th Street. The median break does not interfere with the provision of adequate left turn storage at adjacent signalized intersections. No queue is projected that would interfere with the safety of the southbound left turn at S 333rd Street. The revision would not be expensive since the median is not yet constructed. All applicable standards can be met. Collision history does not indicate that there would be a safety issue. The median break would reduce traffic impacts to residential areas to the east. A median break at S 333rd Street would serve more traffic than currently exists at the median break provided in the SR 99 Phase 1 project, at S 318th Place. . . . . . . . Based on these conclusions, the study recommended allowing the installation of the southbound left-turn lane at S 333rd Street. Staff concurs with most of the conclusions with some exceptions, which are outlined as follows: Impact to S 33{jh Street The study likely overstates the positive impact of allowing the left-turn lane at S 333rd Street. Based on the City's experience on the SR 99 Phase I project, not all left-turns at midblock locations have become U-turns at downstream left-turn lanes. This suggests that many drivers will reroute their trips to avoid making U-turns. They may be using parallel side streets or using different arterials to get to the "right" side of SR 99. Collision Histo¡y: Although not expected to result in a significant increase, adding a third lane of opposing traffic is likely to increase the risk of left-turn collisions. Also, the study cites a gap study which showed that the number of five-second gaps in opposing traffic is adequate to handle the left-turn volume. However, per AASHTO procedures for intersection sight distance, a gap of 6.5 seconds is necessary to cross three opposing lanes. Assuming an even distribution within the 5-mph range in the statistical distribution (which is not a safe assumption), the number of adequate gaps would be reduced to 118, which is over the projected volume of 105. The median break would reduce impacts to the residential neighborhoods to the east: Although desirable, the Comprehensive Plan anticipates the use of the 20th Avenue S as a means of providing access where not provided by median breaks on SR 99. Furthermore, the study cites the presence of speed humps as evidence that volumes are excessive on 20th Avenue S, when the primary purpose of speed humps is speed reduction, not volume reduction. The median break at S 33Jd Street would be used by greater volumes than the existing median breaks on Phase I: First, it should be noted that volumes collected on SR 99 during Phase II are not normal. Comparison of current count data with data collected in 2003 shows a drop in peak hour volume on SR 99 of approximately 500 vehicles per hour. Similarly, volumes on 20th Avenue S have increased by 200 vehicles per day. Secondly, the study only considered this volume comparison during the weekday evening peak hour, and compares the lowest volume median break on Phase I to S 333rd Street. The highest peak hour volumes on Phase I are typically on Saturday. A comparison of the left-turn volumes conducted by the City at these locations is as follows: Location ." .' Wê~kcÎåy Evening ~eål(Hòlír Volume '...' 23 71 50 60 ,Satù'" y Peak 'Hor olume 21 59 56 120 S 333rd Street Ross Plaza S 318th Place Pavilions Centre Thirdly, the median breaks on Phase I were not solely provided based on existing traffic volumes, but also are intended to accommodate planned growth in the City Center by serving locations of planned streets in an area that is planned for high-density development. By comparison, S 333rd Street provides access to properties zoned multi-family (some of which is still single-family) once east of the commercial strip along SR 99. Density along S 333rd Street will increase, but not to as large an extent as in the City Center. Issues that are not addressed in the study include the consequences of providing the median break from a policy perspective in terms of planning for future street connections, precedent, and right of way negotiations. In terms of planning, the issue to be considered is whether granting this median break would preclude other median breaks that the City may deem more appropriate. In this case, S 332nd Street would be precluded from having a median break. S 332nd Street is shown in the Comprehensive Plan to connect across property being considered for Federal Way School District's new bus barn, continue along the southern boundary of Celebration Park, and line up with the planned extension of S 333rd Street being constructed in conjunction with the new Community Center and to serve the new City Hall. Because of their close proximity to each other, left-turn lanes for both cannot be designed to meet minimum standards, as shown in the attached drawing. Furthermore, a left-turn lane serving S 332nd Street would need to be much longer than the 100 foot minimum to meet WSDOT standards, as shown in the attachment because of its use by trucks to Ernie's Truck Stop, delivery trucks to Pacific Coast Ford, and potentially school buses to the bus barn. Note that whatever design is agreed to, it must be approved by WSDOT. Furthermore, with this level of traffic, it is likely that this intersection would need to be signalized in order to function safely, which then would generate queues that would block the intersection of S 333rd Street. The issue of precedent is merely asking the question of whether this is the way that Council wishes to consider these requests. Highly related is the issue of right of way negotiations. Staff must negotiate with each property owner on SR 99 to acquire right of way. Each owner did not wanted to lose left-turn access but were told that it was necessary. In the case of Ernie's Truck Stop, possibly the highest generator of trips on Phase II, a study was submitted to justify left-turn access at S 332nd Street. Staff determined that this proposal did not adequately justify the left-turn access because of the precedence issue and because it could not function safely without a traffic signal. (Note that the location of the new City Hall, Community Center, and School District bus barn had not yet been determined.) In lieu of this access, the City committed to construct Sr:ii32nd Street and S 330th Street to improve truck access to Ernie's. To now make an exception after a project has already been designed and right of way purchased would suggest the City did not bargain in good faith. Furthermore, it would also set a precedent that will make future right of way negotiations more protracted and expensive. Therefore, staff recommends that Mr. Kim's request for a median break on SR 99 at S 333rd Street be denied. RECOM M EN DATION: Staff requests that the Committee place the following project recommendations on the April 6, 2004 City Council Consent Agenda: Deny Mr. Kim's request for a median break on SR 99 at S 333rd Street. cc: Project File Central File k:\lutc\2004\99s333 median break l.doc 14.00 " /, ~ ¡ z ~ => I-- I-- LL W .-J 0 Z ("oj C') C') C/) ~_~~~04 ---------- --~~~--~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Human Services Commission Work Plan -.--.......-.--....-..--.-.......--.--.-....'.---""".."'..--- . -----..--..-..----"'---"'- ---...-..---.....-........------.--.---.--..-....-...........--..-...--.......... CATEGORY: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -...-..-..-...-..............-..-.-.-....-.-------.-.-....-.....-..----.---........'.-.-.--.--........-----.-....-.-------...--..... ."'.--..---.-....-....-...-.....--....-----...---"'.........---.--........-...-..-....'-..---- ATTACHMENTS: I) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated March 9, 2004. Attachments to the Memo include the 2004 Human Services Commission Work Plan. ---.-..-............---......'.-....--..........-"'.-...-.---....................-..-."'--..........................-."'.----....-...'-.."""-.-....--.."'-"'..--...-"""."'."'-...-..............'."'.-. .-.-...................-.......-....................................-.---..............-.........--..-..-...--...-.................-----...-............................-.........--. SUMMARYIBACKGROUND: Each year the Human Services Commission develops an annual Work Plan that will drive the activities of the Commission. On March 8, 2004 the Human Services Commission held their retreat to develop their 2004 Work Plan. Later that day, during their regular business meeting, the Human Services Commission recommend approval of their 2004 Work Plan. --............"'..""""'...-.-....."'..----.-...-...""-."'."'...."""......................----.....--..-."'-."'----"'..---..---.-.-.....-.-.---................."'..-""".....-......-....-""""""--...-.- ---...--."'..........................--."'--.-..............."'...-...""............................................................--.--...--.-...."'.-.... CITY COUNCIL COMMITTEE RECOMMENDATION: At their March 18,2004 meeting the PRHSPS Council Committee approved the Human Services Commission's recommendation to accept their 2004 Work Plan. .....--.-.-.............................-......-....--.-.-.................-...............-....---.-.........................................-- -.-...-........-.......-...........--..........--.-... ............'................--............-...............-......-...... ..........-..-.-........................-...-.-.-..--.....................-."'......"'.....-."'.-"""."'-.._......_m...."'.... -"'-.-""".--... -.-... PROPOSED MOTION: I move approval of the Council Committee's recommendation to accept the Human Services Commission 2004 Work Plan. ~~-- (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 5.ß CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: March 9, 2004 é@/)"..-- Angelina All n- isi, Human Services Manager David Mosel Manager 2004 Human ervices Commission Work Plan Backaround The Human Services Commission held their retreat on March 8, 2004 to develop the proposed 2004 Work Plan and approved the Work Plan during their March 8th regular business meeting, which was held later that day. Primary work elements of the Work Plan include and are not limited to the following: . Conduct the 2005-2006 Human Services and Community Development Block Grant allocation process and make recommendations to City Council. . Review the development of the City's Consolidated Human Services Plan and pass through recommendations. . Develop partnerships with churches, human services agencies, the Federal Way Public School and other potential stakeholders to increase coordination, and marketing and outreach efforts to promote awareness and collaboration around human services issues. . Work closely with all levels of City government to promote continued support of the City's Human Services Program. The proposed Work Plan is attached for your review. The Human Services Commission Chair will be at the Council Committee meeting to plOvide additional information. Committee Recommendation Motion to recommend to Council to authoñze the 2004 Work Plan and place before the full City Council on the April 6, 2004 consent agenda. Committee Member ß-\ City of Federal Way Human Services Commission 2004 Work Plan 1) Conduct the 2005-2006 Human Services and Community Development Block Grant (CDBG) allocation process and make recommendations to City Council. Tasks . Review estimated funding available. . Review and evaluate applications. . Conduct applicant interviews as needed. . Hold public hearing on CDBG and Human Services General Fund recommendations to obtain citizen input. . Deliberate and make recommendations to City Council. . Develop survey for human service agencies to evaluate the general fund and CDBG application process and review the results from the survey. 2) Review development of the City's Consolidated Human Services Plan and pass through recommendations. Tasks . Learn about the current human services needs and identify gaps in the human services system. (Completed - held Human Services Forum February 23, 2004). . Review information collected by consultants analyzing statistical data taken from existing sources, which includes and is not limited to the 2000 US Census, King County, Puget Sound Regional Council, Dupre + Scott and Department of Housing and Urban Development. . Review the following drafted by the consultants: The assessment reports based on the housing, homeless needs, economic development, neighborhood improvement/capital facilities, and human services needs in Federal Way. The updated report of the Housing Element to the City's Comprehensive Plan. The draft Consolidated Human Services Plan. . Conduct a preliminary evaluation of the proposed 2006 budget, as part of the decision to become a direct entitlement City. Determine appropriate funding levels for new staff salaries/expenses and revenues. . Make a preliminary recommendation to City Council to determine CDBG funding options and decide whether or not to become a direct entitlement City or stay in the King County Consortium for another 3-year contract term by the first quarter of2005. 3) Review the contract performance of Human Services/CDBG recipients. Tasks . Review the quarterly reports submitted to the Human Services Division to determine if agencies are meeting performance goals and outcomes. Human Services Commission 2004 Work Plan Page 2 4) Review sub-regional, regional and federal legislation on human services and CDBG trends and activities. Tasks . Receive briefings on the activities of the South King County Human Services Forum. . Receive briefings on the South King County Council of Human Services. . Receive briefings on the work of the King County Executive's Regional Task Force on Human Services. . Receive briefings on the activities of the King County Joint Recommendation Committee. . Review news regarding policy decisions at the federal level that could have a potential impact on the CDBG program. . Review news regarding local/regional/national activities and legislation that could have a potential impact on human services in Federal Way. 5) Tour select agencies that may receive funding. Tasks . Commissioners will sign up to visit 1 or 2 agencies. 6) Develop partnerships with churches, human services agencies, Federal Way Public Schools and other potential stakeholders to increase coordination, marketing and outreach efforts to promote awareness and collaboration around human services issues. Tasks . Explore other funding sources and opportunities to support the City's human services program. . Utilize multi-media resources to promote a human services fundraising event. . Update the Human Services brochure and display at local stores, restaurants and other public venues in Federal Way. 7) Work closely with all levels of City government to promote continued support of the City's Human Services Program. Tasks . Regularly attend the Parks, Recreation, Human Services, Public Safety (PRHSPC) Council Committee and regular City Council meetings. . Promote the need to maintain a strong level of Human Services funding in the City budget process. MEETING DATE: April 6, 2004 ITEM# I ~l ----.---...........----.-....-....-...-..-.-...... .......-..--.-....----..-...-...-..-....-.-...-.--..-.....-...-.-----.-.-----.-..-.-----......-.---.-.------....-..-....--..-...--....... ......-...----.--........-.-...--.-.......-......-............-.---...--...----.-.-.--.. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed changes to the Human Services General Fund Application Process CATEGORY: BUDGET IMPACT: ~ 0 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ..--..-...-..--.-.--.-............-....---.-.--.-.......-..-...--.-.-..-.----.-----.-..-----....-.....--.-..-.----...-....-...----...-..-...-.-...-..............-.--....-.....--...--.---.--........-- ..--..-.......-..-.....-.....-.............-...--.....--.......---.---.--.-...--....-......--.--. ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated March 9, 2004. Attachments to the Memo include the March 2, 2004 Memo to the Human Services Commission regarding the proposed changes to the Human Services General Fund Application Process; the Human Services/CDBG 2005-2006 Funding Guidelines. .......-.......-......-.....----.----....--...-......--. --.- -.-.-.-.-.-.-..........-....-....-...-..-.......-.---...--.....-..-..-..-.-.-.---.-..............-.....'.-..........-..-..........-...... ...--...-......---...-..-...-..-.......-.-.-..-.........---.--.---......-...--- -....--- --.---.-. .-....-.........---..--..............-----...---- ..--..- -....-. SUMMARYIBACKGROUND: In preparation for the upcoming 2005-2006 Community Development Block (CDBG) Grant and Human Services General Fund application process, staff proposed to the Human Services Commission, at their March 8th regular business meeting, two changes: 1) to establish a funding minimum of $5,000 for the Human Services General Fund and 2) if an agency submits a CDBG or Human Services General Fund application, that is substantially missing required information, as identified in the grant application instructions, the application will not be considered for funding. The proposed changes were recommended to: help improve staff efficiencies; to maintain levels of consistency with the CDBG Public Service Program. The CDBG Public Services Program has established a funding minimum of $10,000. Changes were also suggested to help streamline the funding process by making it more efficient, hold the agencies to a higher standards and not accept incomplete or unclear applications for funding, and will help the Human Services Commission in their review of the applications and when they make proposed recommendations for funding. At the Human Services Commission March 8, 2004 regular business meeting, the Commission approved staffs recommendation and amended the motion to include language that would allow them discretion to fund an agency at a lower amount than $5,000 if they so chose. .-"'-..-"'------......-.-.....-.........."'....-.-.-...-..-......-.------..--..........-...-.....--.........--..-....... .......---.-..-..--..-..-..--.-..-......-....... .........-.-...........-.'... .--......-.-..-..-.-..............-..-.--.-.-.-................--....... ......-----..-.-...-............-................ .......-......-....-.-....... CITY COUNCIL COMMITTEE RECOMMENDATION: At their March 18, 2004 meeting the PRHSPS Council Committee approved the Commission's recommendation to establish a $5,000 funding minimum for the Human Services General Fund and applications substantially missing required information, as identified in the grant application instructions, will not be considered for funding. .......-...-.---...--.-...-........-...-.-.-...........-.--.---............-....... .......-....-......-.-......-..--......-..-.......-....--...--...-......-...........-..--....-.........-...........-.....--......--.............---..-..-.....-...--.-...........-.-........-.........- -.-....... .......-.--.........-...........---.--.......-..-...-..-..-...-.........--- PROPOSED MOTION: I move approval of the Council Committee's recommendation, which proposes a $5,000 funding minimum to the Human Services General Fund and allows City discretion to fund an agency lower than $5,000. It is further recommended that applications substantially missing required infomration, as identified in the grant application instructions, will not be considered for funding. CITY MANAGER APPROVAL: -"-"".""-".---...""'---.""'-"---'--"------'-.-...... .-- (BELOW TO E COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 .5- L CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: March 9, 2004 Angelina Allen- David Mose Proposed" ha Process aa~ isi, Human Services Manager anager es to the Human Services General Fund Application Backaround In preparation of the new 2005-2006 Community Development Block Grant and Human Services General Fund application cycle, staff proposed to the Human Services Commission, at their March 8th meeting, two changes to the General Fund application process: 1) to establish a funding minimum of $5,000 and 2) if an agency submits a General Fund or CDBG grant application that is incomplete or is substantially missing required information, as identified in the grant application instructions, the application wI! not be considered for funding. Staff recommended the proposed changes based on the following rationale: . Improve staff efficiencies. Managing contracts under $5,000 takes up a fair amount of time, which could be utilized in other program areas. . A funding minimum of $10,000 for the Community Development Block Grant (CDBG) public service program will be implemented this ~ar and the general fund budget should maintain a similar level of consistency like the CDBG program. . Establishing a minimum of funding will help improve the quality of the grant applications and help streamline the funding process by making it more efficient. Human service agencies will be more inclined to submit a comprehensive application if they realize the City will hold them to a higher standard and not accept incomplete or unclear applications for funding. . The proposed changes should help the Human Services Commission in their review of the applications and when they make proposed recommendations for funding. Agencies will be strongly encouraged to contact the Human Services Division staff to receive technical assistance. Staff will also invite agencies to submit a draft application well before the May 6, 2004 deadline. This will allow agencies the opportunity to benefit from staff comments before the final application is submitted. Also as a point of reference, staff has developed a set of funding guidelines, which indicates the proposed new changes to the Human Services General Fund and CDBG. Please refer to the attached set of guidelines. The funding guidelines are designed to help agencies become familiar with the City's expectations when submitting their application for funding. The Human Services Commission approved staff's recommendation at their March 8, 2004 regular business meeting and amended the motion to include language that VlDuld allow them discretion to fund an agency at a lower amount than $5,OOOifthey so chose. C.-\ Committee Recommendation Motion to recommend to Council to authorize the proposed Human Services recommendation, which proposes a $5,000 funding minimum, and allows City discretion to fund an agency lower than $5,000. It is further recommended that applications missing substantial or required information, as identified in the grant application instructions, will not be considered for funding. This motion will be placed before the full City Council on the April 6, 2004 consent agenda. Committee Member 2 é-2- ~ CITY OF ~ Federal Way MEMORANDUM DATE: March 2, 2004 TO: Human Services Commission /.~ FROM: Angelina Allen-Mpyisi, Human Services Manager SUBJECT: Consider Changes to the Human Services General Fund Application Process As the Human Services Division prepares for the new 2005-2006 Community Development Block Grant (CDBG) and General Fund grant application cycle, staff is proposing two changes to the General Fund application process. Because the Human Services General Fund receives a number of applications a $5,000 minimum is being proposed. In addition, staff further proposes if an agency submits a General Fund or CDBG grant application that is incomplete or is substantially missing required information, as identified in the grant application instructions, the application will not be considered for funding. Staff is suggesting these proposed changes for the following reasons: . To improve staff efficiencies in managing contracts under $5,000. . A funding minimum of $10,000 for Community Development Block Grant (CDBG) public service programs will be implemented this year and the general fund should also maintain a comparable level of consistency with the CDBG program. . To improve the quality of the grant applications and streamline the funding process. Human service agencies will be more apt to submitting a thorough application if they realize a funding minimum has been established and that incomplete or unclear applications will not be considered for funding. . A funding minimum will help the Commission in your review of the applications and making proposed recommendations for funding. Staff has spoken to other representatives from other South King County cities and the City of Kent has instituted this approach and finds it works very well. It is also important to point out because we are in a budget year and do not know how much will be available for human services it is very important that systems are set up now that will hold the human service agencies to a higher standard. For example, if an agency submits a well thought out comprehensive application, this is one indication that the agency can successfully manage its programs and achieve their performance goals and outcomes. Agencies will strongly be encouraged to receive technical assistance from staff in developing their application. Staff will also invite human service agencies to submit their draft grant application, well before the May 6th application deadline, to allow staff to review and propose suggested changes or improvements before the final application is submitted. Proposed Motion I move to recommend that the Human Services General Fund application process adopt a funding minimum of $5,000. I further recommend that if an agency submits a General Fund or CDBG grant application and it is missing substantial or required information, as identified in the grant application instructions, the application will not be considered for funding. This process will begin with the new 2005-2006 funding cycle. ~ CITY OF fill' - ~ Federal Way Human Services/CDBG 2005-2006 Funding Guidelines General Information This information will explain the City of Federal Way's Human Services Division process for allocating the local Human Services General Fund and Community Development Block Grant (CDBG) dollars. The City of Federal Way uses its General Fund and CDBG dollars to support programs that target low-to moderate-income Federal Way residents. Applications for the new 2005-2006 funding round are due on May 6, 2004. This year, new criteria have been established for the Human Services and CDBG public service programs. Human Services Because the Human Services General Fund receives a number of competitive applications a $5,000 funding minimum has been established. Agencies submitting small requests for under $5,000 will not be considered for funding. In addition, if an agency submits an incomplete application that is substantially missing required information, as identified by the grant application instructions, the application will also not be considered for funding. At this time, the 2005 Human Services General Fund budget is estimated to have available $442,000 in 2005. However, the City of Federal Way is projecting a significant budget shortfall in 2005 so the estimated funds may be reduced significantly. The final general fund budget will be officially adopted by the City Council in December 2004. The Human Services General Fund operates on a two-year funding cycle. If an agency is successfully awarded funding, the second year grant award is contingent upon satisfactory contract performance and on City funding being available. Community Development Block Grant Public Services Also for the 2005-2006 funding cycle, the CDBG public service program has moved to a 2-year grant cycle and a funding minimum of $10,000 will be implemented. Agencies applying for CDBG public service funds will be require to submit a grant application at the minimum funding level or the application will not be considered for funding. In addition, if an agency submits an incomplete application that is substantially missing required information, as identified by the grant application instructions, the application will also not be considered for funding. Agencies successfully awarded CDBG public service funds will receive funding during the two year funding cycle. However, second year funding is contingent upon satisfactory contract performance and providing there are no reductions of CDBG funds at the federal level. Given the uncertainties of the CDBG program it is difficult to predict the amount of CDBG funds that will be available for 2005. The City of Federal Way estimates that $114,696 will be available for CDBG public service activities and $600,000 will be available for Capital projects. Actual levels of CDBG funds will not be determined until Congress officially adopts the 2005 federal budgets. City of Federal Way's Human Service Division Human Services/CDBG funding criteria and guidelines Page 2 Agencies applying for general fund or CDBG dollars are encouraged to contact staff and receive technical assistance in developin~your application. Staff also invites agencies to submit their draft grant application, well before the May 6 application deadline, to allow staff to review and propose suggested changes or improvements before the final application is submitted. Funding Framework - Human Services General Fund The City of Federal Way's Human Services Division (HSD) prioritizes its funding to support the goals established by the City Council. These goals are listed in priority order: 1. Support basic human service needs through funding of emergency services. 2. Support a strong service delivery system that increases public safety. 3. Provide support that supplements federal, state and county programs designed to increase self- sufficiency and independence. 4. Support service models that improve community-based collaborations and build strong neighborhoods. Human Service agencies applying for funding must demonstrate how their program supports one or more of these goal areas. In addition, applications will be screened based on the following factors: ~'" 1. The likelihood of accomplishing the proposed set of eligible activities based on a proven track record and organizational abilities. 2. The quality of services that will benefit low- and moderate-income Federal Way residents based on the proposed program. 3. The proposed set of outcomes, as identified in the agencies application, indicates how the program will make a difference in the lives of low or moderate-income Federal Way residents being served. 4. The agency is coordinating with other service providers and not duplicating services. 5. Other funding sources have been identified and are pending or committed to the program as appropriate. 6. The project demonstrates that City of Federal Way dollars are being leveraged with other funds as appropriate. 7. Agencies demonstrate the ability to meet CDBG eligibility and federal requirements. (Only applies to CDBG programs/agencies). Eligible use of CDBG Funds for Public Service Projects The City uses federal CDBG public service funds to support critical human services for low-and moderate-income Federal Way residents. These funds come with a number of restrictions and regulations. Please review these regulations carefully to determine eligibility. Agencies submitting City of Federal Way's Human Service Division Human Services/CDBG funding criteria and guidelines Page 3 applications for funding must ensure that their projects link to the City of Federal Way's Community Development Block Grant Housing and Community Development Strategies. Applicants applying for public service funds will be screened using the criteria from items 1-7 as identified in the Funding Framework section. Eligible use of CDBG Funds for Capital Projects The City uses federal CDBG capital funds to support public and community facilities improvements, housing, accessibility, and infrastructure improvements utilizing City of Federal Way's Community Development Block Grant Housing and Community Development Strategies. Agencies applying for CDBG funds will also be screened based on their ability to successfully manage and implement a capital project. As was earlier stated, applicants applying for capital funds will be screened using the criteria from items 1-7 as identified in the Funding Framework section. Organization's applying for CDBG Capital funds will also be screened based on the following criteria: . The project addresses a need or problem in Federal Way. . The project demonstrates that it will directly benefit Federal Way residents. . As appropriate, project costs are reasonable and other sources of funds have been identified or committed. . The project is ready to proceed so that federal dollars can be spent in a timely fashion. . Agencies demonstrate the ability to meet CDBG eligibility and federal requirements. Application Review Process The Human Services Commission will review applications and make funding recommendations to the City Council as part of the City's budget process. The City reserves the right to allocate less than $5,000 to applicants applying for the Human Services General Fund. The Commission will hold public hearings for General Fund and CDBG applicants. Although the dates for the public hearings have not been scheduled all applicants will be notified in advance. Following a public hearing for CDBG funds, the City Council will make their decisions for funding by September 2004. Final CDBG funding will be awarded following adoption of the 2005 HUD application by Congress. The City Council will deliberate and make funding decisions for General Fund dollars during their overall discussions for the 2005 budget. Final funding decisions will be made by December 2004. Staff Assistance Staff is available to assist or answer questions. Contact Angelina Allen-Mpyisi, Human Services Manager at (253) 661-4039 or at anoelina.allenmpvisitã>.citvoffederalwav.com for human service related questions, and Kelli O'Donnell, CDBG Coordinator at (253) 661-4153 or at kelli.odonnelltã>.citvoffederalwav.com for CDBG questions. MEETING DATE: April 6, 2004 ITEM# 1Qj CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Property Disposition Services Agreement CA TEGORY: BUDGET IMPACT: [gJ 0 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memo from Chief Kirkpatrick to the Parks, Recreation, Human Services & Public Safety Cmomittee regarding the Property Disposition Services Agreement, and a copy of the Property Disposition Services Agreement. SUMMARYIBACKGROUND: The Property Bureau is an Internet Based Auction Company that will conduct an on- going auction for the Federal Way Department of Public Safety to dispose of unclaimed property items. By using the Internet Auction Company, it allows Federal Way to save money, while disposing of old, unclaimed property items. The Property Bureau keeps a percentage of the proceeds and issues a monthly check to the Polie Department for the items sold. Items not sold are donated to charity organizations. We request that all proceeds received by the Federal Way Department of Public Safety, for the items auctioned and sold, be credited to the Property / Evidence Account to help offset the costs associated with the purchase of crime scene processing supplies. """'.""-"""".""'.. """'.""""""""""""""" """""'..""--'.'."""'."'.'..'........."""""""""'."""""'."'..""""'.."".""" CITY COUNCIL COMMITTEE RECOMMENDATION: At the March 18,2004 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed Property Disposition Services Agreement be accepted and forwarded to Full City Council for consideration at it's April 6, 2004 Council meeting. PROPOSED MOTION: "I move approval of the Property Disposition Services Agreement and approval that all proceeds be credited to the Property / Evidence Account. CITY MANAGER APPROVAL: ~I\ \ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [g1 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 S,D City of Federal Way CITY CO UN CIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY To: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief 0 f Po lic{f: of- ' David ~anager March 18, 2004 From: Via: Date: Subject: Property Disposition Services Agreement Back2round: The Property Bureau is an Internet Based Auction Company, run by ex-police officers, out of California. They pick up all property ready for disposal, with the exception of money, dope, and guns. The Police Department is given a receipt for all items received by the Property Bureau when the items are picked up. The Property Bureau conducts an on-going auction and sends a monthly check to the Police Department for a percentage of the sales. The Property Bureau donates those items, which do not sell, to charity organizations. Start-up Costs: There are no start-up Costs. The Property Bureau simply keeps a percentage of the proceeds from items sold. It would be quite costly for the Federal Way Department of Public Safety to auction off and/or dispose of this property. By using this Internet Auction Company, it allows Federal Way to save money, while disposing of old, unclaimed property items. We request that all proceeds received by the Federal Way Department of Public Safety, for the items auctioned and sold, be credited to the Property/Evidence Account. This would allow the Federal Way Police Department to help offset the costs associated with the purchase of crime scene processing supplies. Committee Recommendation: Motion to approve the Property Disposition Services Agreement and allow the proceeds to be posted to the Property/Evidence account to help offset supply costs, and forward to full Council for Consideration at its April 6, 2004 meeting. APPROV AL OF COMMITTEE Committee Member l).-\ Mar' 18 04 OS: 50a p. 1 Property Bureau "StealItBack.com" 3551 Camino Mira Costa, Suite C San Clemente, CA 92672 949-234-0204 Phone 949-234-0047 FAX 800-799-2440 Facsimile Transmission Date: 3/18/04 253-661-4580 To: Commander Stan McCall From: Property Bureau Total Pages: 6 Hi Commander; Here is the Disposal Agreement. I was unable to add the Chiefs name as requested sorry. Other than the signature thing I hope we got this right. Please let me know if there is something amiss. I will mail the signed Agreement and Addendum form today unless I hear otherwise. Thank you for your time. Peggy "--- Mar' 18 04 09:50a p"2 PROPERTY DISPOSITION SERVICES AGREEMENT D.~.r. '\ "":T ' . ~~ 3y¿,~¡;/1I PropertyBureau.com, Inc., an Arizona corporation ("PropertyBureau"), enters into this agreement (the "Agreement"), with the customer identified below (the "Owner") for the auction and disposition of personal property (the "Disposition Services"), in accordance with the Terms and Conditions and Addenda, if any, attached hereto and listed below. Beginning October 15. 2003 . (the .start Date") Owner engages the Disposition Services of PropertyBureau. This Agreement will terminate on See Addendum , (the "Termination Date"), or at such other time as provided herein. OWNER INFORMATION: Federal Way Dept. Of Public Safety [OWner Name] SCHEDULES, SUPPLEMENTS AND OTHER ATTACHMENTS: (Mark only If Included) Terms and Conditions ~ 34008 9th Ave. So. [Address) Addendum Yes Federal Way, Wa 98003 253-661-4600 [Phone] THIS AGREEMENT INCLUDING ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE ATTACHED TERMS AND CONDITIONS, AND ALL OTHER ATTACHMENTS INDICATED IN THE BOX ABOVE, IS THE PARTIES' ENTIRE AGREEMENT AND CANNOT BE MODIFIED EXCEPT IN WRITING BY THE DULY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES. EXECUTED on the date(s) indicated below: Federal Way Dept Of Public Safety [Legal Name of Owner] By. By. '\. [Name and Title] Date: Date: 'J,/f'; ()i. PropertyBureau.com, Inc. 3551 Camino Mira Costa, Suite C San Clemente California 92672 Phone: 800-799-2440 Federal Tax ID 86-0962102 Rev 6/12/02 Page1of4 Mar' 18 04 09: 51a p.3 TERMS AND CONDITIONS 1. Property to be Sold. From time to time, Owner will designate items of personal property (the 'Property") that it desires to provide to PropertyBureau for Disposition Services. PropertyBureau retains the right to accept or reject certain items In Its sole discretion. 2. Title. Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in accordance with this Agreement at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the item of Property. Owner appoints PropertyBureau as its attorney-in-fact to sign any and all documents necessary to assign to purchasers of Property all of Owner's right, title and interest in and to Property sold or disposed. All cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property (collectively the "Proceeds") belong to Owner, subject to PropertyBureau's right to PropertyBureau's Net Proceeds and funds attributable to Credit Card Costs and other transaction costs. OWner's Property shall, at all times before sale or disposition, be subject to the direction and control of Owner. 3. Method of Selling Property. PropertyBureau will, on Owner's behalf, list Property for sale by auction to the public on the World Wide Web of the Intemet on one or more domain names selected by PropertyBureau. To the extent that any Property is not sold by auction, PropertyBureau may, in any commercially reasonable manner selected by PropertyBureau, dispose of Property. PropertyBureau will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PropertyBureau will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve pñces of Property, if any; determining the selling price, setting the length of time a Product will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting all purchaser information (such as purchaser's name, billing address, shipping address, and credit card information); approving purchasers' credit card purchase transactions; and collecting auction proceeds for completed sales from purchasers. PropertyBureau shall use its best efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PropertyBureau shall sell and dispose of all Property 'as is. without any liability to the OWner. PropertyBureau is solely responsible for identifying and resolving sales and use tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes. 4. Allocation of Sales Proceeds. a. The total amol,lnt paid by the purchaser shall be called the 'Sales Price". The Sales Price shall include the winning bid amount (the "Winning BId") and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by the purchaser. b. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and 75% of the portion, if any, of the Winning Bid that exceeds $1,000. From this amount, the owner's pro rata share of transaction fees, if any, assessed by the credit card processor ("Credit Card Costs") will be deducted. c. Credit Card Costs will be bome by Owner and PropertyBureau in .proportion to the percentage of the revenue credited to the parties for each underlying transaction. d. Amounts received by the Owner will be called .OWner's Net Proceeds". The following example illustrates how proceeds of a sale are to be allocated. Assume an item of Property sells at auction for a Winning Bid of $100; the buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6. The buyer pays the Sales Price of $118.00 by credit card, and the Credit Card Costs are 2% of the Sales Price. The Credit Card Cost is therefore $2.36 ($118 x .02), The Owner and PropertyBureau each share 50% of the underlying WInning Bid, therefore Credit Card Costs are also shared equally ($1.18 each). The OWner's Net Proceeds are $48.82 ($50.00 less $1.18). 5. Payment Terms. Not later than the 15111 of each month, PropertyBureau will pay to Owner the amount of Owner's Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold. With each monthly payment, PropertyBureau will deliver to Owner a detailed report of completed sales activity for the preceding month showing PropertyBureau's calculation of the amount of OWner's Net Proceeds for the month. With each payment of Owner's Net Proceeds, PropertyBureau will deliver to Owner a written report setting forth the following information for the immediately preceding month: (i) the completed sales during the prior month, including the total amount of related proceeds collected, the OWner's and PropertyBureau's share of Credit Card Costs, the Owner's Net Proceeds; (ii) other dispositions of Property during the month; (iii) the Property, if any, inventoried by PropertyBureau at the end of the month. Page 2 of 4 6/12/02 Mar 18 04 09:51a p.4 6. PropertyBureau's Obligations Concerning Property in Its Possession. With respect to Property ~~ PropertyBureau's possession: (i) PropertyBureau will exercise due care in the handling and storage of any Property; (II) PropertyBureau shall keep the Property free of liens, security interests, and encumbrances, and shall pay when due. all fees and charges with respect to the Property; (iii) PropertyBureau shall sign and deliver to ONner any UCC-1 financing statements or other documents reasonably requested by ONner, (iv) PropertyBureau shall obtain and maintain insurance in an amount (determined by PropertyBureau) not less than the replacement value of Property in its possession. The insurance will cover the Property against fire, theft, and extended coverage risks ordinarily included in similar policies. PropertyBureau shaH give OWner an Insurance certificate upon Owner's request; and (v) If PropertyBureau returns any Property to Owner, PropertyBureau shall pay all freight charges, insurance and related costs to retum the Property to Owner's nearest warehouse. PropertyBureau, at PropertyBureau's expense, shall insure Property during shipping in an amount not less than the replacement value of any item of Property returned to ONner. 7. Owner's Obligations. Owner will use its best efforts to provide to PropertyBureau such Property as becomes available for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of the item of property to PropertyBureau, including a written manifest or list that describes the item of Property in sufficient detail for identification. 8. Restrictions on Bidding. PropertyBureau and its employees and agents may not directly or indirectly bid for or purchase auctioned Property on the Property Bureau web site. 9. Representations and Warranties of Owner. Owner hereby represents, warrants and covenants as follows: (i) Property delivered to PropertyBureau is available for sale to the general public without any restrictions or conditions whatever; (ii) OWner will not knowingly deliver to PropertyBureau any Property of a counterfeit or illegal nature; and (Hi) Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title to the Property to purchasers (the "Conditions Precedent"). 10. Books and Records. PropertyBureau will keep complete and accurate books of account, records, and othér documents with respect to this Agreement (the "Books and Records.) for at least three years following expiration or termination of this Agreement. Upon reasonable notice, the Books and Records will be available for inspection by Owner, at Owner's expense, at the location where the Books and Records are regularly maintained, during normal business hours. 11. Term and Termination. Unless terminated earlier, the term of this Agreement will begin on the Start Date and terminate on the Termination Date. This Agreement may be terminated if there is a breach by either party of any obligation, representation or warranty contained in this Agreement, upon thirty days prior written notice to the other party unless the breach is cured within the thirty day period, provided, however, if the breach is not capable of being cured within thirty days, the breaching party will have a reasonable amount oftime to cure the breach if it begins to cure during the thirty day period and proceeds diligently thereafter. The written notice will specify the precise nature of the breach. The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. Notwithstanding any termination by either party ofthis Agreement, PropertyBureau will continue to remit amounts due to Owner under this Agreement in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by Property Bureau or returned to Owner, at owner's election and cost 12. Indemnification. Subject to the limitations specified in this Section 12, each party will indemnify, hold harmless and defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities, whether joint or several, expenses (including reasonable legal fees and expenses), judgments, fines and other amounts paid in settlement, incurred or suffered by any such person or entIty arising out of or in connection with (i) the inaccuracy of any representation or warranty made by the party hereunder, (ii) any breach of this Agreement by the party, or (iii) any negligent act or omission by the party or its employees or agents in connection with the performance by the party or its employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the direction ofthe other party. 13. limitations on liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 12. LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE Rev 6/12/02 Page 3 of 4 Mar 18 04 OS:51a p.5 PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT LIMITED UNDER THIS AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNER'S FAILURE TO SATISFY TIMELY ALL CONDITIONS PRECEDENT. 14. Notices. Any notice under this Agreement must be in writing. Initially the addresses of the parties will be as follows: (i) If to PropertyBureau: PropertyBureau, Attn: Tom Lane, President, 3551 Camino Mira Costa, Suite C, San Clemente California 92672; and (ii) If to Ovvner. At the address stated below Owner's Signature block on the first page of this Agreement. The parties may, from time to time and at any time, change their respective addresses and each will have the right to specify as its address any other address by at least ten days' written notice to the other party. 15. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement 16. Complete Agreement. This Agreement and any related documents delivered concurrently herewith, contain the complete agreement between the parties relating to the subject of this Agreement and supersede any pñor understandings, agreements or representations by or between the parties, written or oral, which may be related to the subject matter hereof in any way. 17. Attorneys' Fees and Legal Expenses. If any proceeding or action is brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party wiJl be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which will be fixed by the court, and will be made a part of any judgment rendered. 18. Further Assurances. PropertyBureau and Ovvner will each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, services and activities contemplated by this Agreement and to account for and document those activities. 19. Governing Law. The internal Jaw, and not the law of conflicts, of the state in which the Owner is located will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to object to the venue. 20. Relationship of the Parties. The relationship created hereunder between Owner and PropertyBureau will be solely that of independent contractors enteñng into an agreement. No representations or assertions will be made or actions taken by either party that could imply or establish any agency, joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of this Agreement. Except as expressly provided in this Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person or entity. Whenever PropertyBureau is given discretion in this Agreement, PropertyBureau may exercise that discretion solely in any manner PropertyBureau deems appropñate. 21. Force Majeure. Neither party will be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy. war, strikes or labor disputes, or any other cause beyond the parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of this Agreement 22. Counterparts. This Agreement may be signed in any number of counterparts. Rev 6/12102 Page 4 of 4 M a'r 1 8 a 4 09: 52 a p.6 Addendum to Property Disposition Services Agreement This addendum is attached to and made part of the City of Federal Way, Washington Property Disposition Services Agreement dated October 15.2003 (the "AgreemenC). The Agreement is modified as foHows: Article 17 is deleted and replaced in its entirèty by the following: 17. Attorney's Fees and Legal expenses. In the event either of the Parties defaults on the performance of any term of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney. or tiles a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. The following two articles are added to the contract: 23. Modification. No provision of this Agreement. including this provision. may be amended or modified except by written agr~ment signed by the Parties. 24. Termination. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services. but in any event no later than ("Tenn"). This Agreement may be extended for additional periods of time upon the mutual agreement of the City (Owner) and the Contractor (PropertyBureau). Prior to the expiration of the Term, this Agreement may be terminated with or without cause by the City (Owner). Date for "Owner" ~~' ~ , ¡%J/~ for ropeny Bu au ' 5j/~Y I / Date MEETING DATE: April 6, 2004 ITEM# ~(l SUBJECT: ~ ¡ü City of Auburri Interlocal Agreement CITY OF FEDERAL WAY City Council AGENDA BILL CATEGORY: BUDGET IMPACT: [8J 0 D CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memo from Chief Kirkpatrick to the Parks, Recreation, Human Services & Public Safety Cmomittee regarding the City of Auburn Jail Interlocal Agreement, and the Interlocal Agreement between the City of Federal Way and City of Auburn. SUMMARY/BACKGROUND: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with the City of Auburn for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Auburn Jail. The purpose of this Agreement is to set forth the terms and conditions by which the City of Auburn will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Auburn will accept and keep inmates at the request of Federal Way Department of Public Safety, unless in the sole discretion of the City of Auburn, its inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Detention Facility might be reached or exceeded if the City of Auburn does not begin to refuse or request removal of inmates. The Federal Way Department of Public Safety will only submit pre-sentence or sentenced misdemeanor inmates for confinement under the agreement that may be legally confined for 24 hours per day. The terms set forth will begin April 2004 (specific date yet to be determined) and continue through December 31, 2004 unless terminated earlier by written notice fÌom either party delivered by regular mail to the contact person at address set forth herin (section 21 of Agreement). The Department continues to explore proactive strategies to reduce jail costs. The benefits realized by this new venture would afford the City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Auburn Detention Facility and allow the Department to accomplish one of its objectives to reduce jail costs. Auburn agrees to accept compensation in the amount equal to the amount charged as a bed maintenance fee by Yakima County (Yakima County daily fee less the medical fee) to house Federal Way inmates for every 24-hour period, or portion thereof, that said inmate is in the custody of Auburn. For 2004, the daily fee shall be $56.23. CITY COUNCIL COMMITTEE RECOMMENDATION: At the March 18,2004 meeting the Parks, Recreation, Human Services and Public Safety Committee Meeting recommended that the proposed Auburn City lnterlocal Agreement be forwarded to City Council for consideration. PROPOSED MOTION: "I move approval of the Auburn City Interlocal Agreement for jail services. CITY MANAGER APPROVAL: -~i\ (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 5.¡;- City of Federal Way PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: February 25, 2004 Subject: Parks, Recreation, Human Services & Public Safety Council Committee Anne E. Kirkpatrick, Chief of Police -/ r ~/<: David ~anager City of Auburn Jail Interlocal Agreement To: From: Via: BACKGROUND: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an lnterlocal Agreement with the City of Auburn for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Auburn Jail. The purpose of this Agreement is to set forth the terms and conditions by which the City of Auburn will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Auburn will accept and keep inmates at the request of Federal Way Department of Public Safety, unless in the sole discretion of the City of Auburn, its inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Detention Facility might be reached or exceeded if the City of Auburn does not begin to refuse or request removal of inmates. The Federal Way Department of Public Safety will only submit pre-sentence or sentenced misdemeanor inmates for confinement under the agreement that may be legally confined for 24 hours per day. The terms set forth will begin April 2004 (specific date yet to be determined) and continue through December 31, 2004 unless terminated earlier by written notice from either party delivered by regular mail to the contact person at address set forth herin (section 21 of Agreement). The Department continues to explore proactive strategies to reduce jail costs. The benefits realized by this new venture would afford the City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Auburn Detention Facility and allow the Department to accomplish one of its objectives to reduce jail costs. Auburn agrees to accept compensation in the amount equal to the amount charged as a bed maintenance fee by Yakima County (Yakima County daily fee less the medical fee) to house Federal Way inmates for every 24-hour period, or portion thereof, that said inmate is in the custody of Auburn. For 2004, the daily fee shall be $56.23. Attached is the draft for an Interlocal Agreement between the City of Federal Way and the City of Auburn. w ('~. tt ~.l\. c....p f> ('-o-V~ \ ~-('o vv\,. .J+ ,-,-\0 k.f'",", (ù t-C? ~ \ lo ~ \'> ~ b e-f)(~.J::: 'i c:~ ~~'- ~ f";"~"" L",-:Y: l .l 0 V\ i:\agenda bil1s\2003 parks committee agenda dates\2004 -pfhs&ps auburn jail memo. doc r=-I COMMITIEE ACTION: MOTION TO APPROVE AND ACCEPT THIS REQUEST FOR AN INTERLOCAL AGREEMENT BETWEEN CITY OF FEDERAL WAY AND CITY OF AUBURN FOR HOUSING OF INMATES (JAIL SERVICES), AND FORWARD TO FULL COUNCIL FOR CONSIDERA nON AT ITS APRIL 6, 2004 MEETING. Committee Member Ë-'L- i:\agenda bills\2003 parks committee agend,! dates\2004 -pfhs&ps auburn jail memo.doc INTERLOCAL AGREEMENT FOR CUSTODY OF MISDEMEANOR INMATES DRAFT 3(2-Y ð f This interlocal agreement ("AGREEMENT") is between the City of Auburn ("Auburn"), a municipal corporation of the State of Washington and the City of Federal Way ("Federal Way"), a municipal corporation of the State of Washington. WHEREAS, Auburn maintains a municipal detention facility pursuant to RC.W. 70.48; and WHEREAS, Federal Way does not maintain a municipal detention facility; and WHEREAS, Federal Way wishes to designate Auburn's Detention Facility as a place of confinement for the incarceration of one or more inmates lawfully committed to the City of Federal Way's custody; and WHEREAS, the City of Auburn is amenable to accepting and keeping inmates received from the City of Federal Way into Auburn's custody at its detention facility for a rate of compensation mutually agreed to herein; and WHEREAS, RCW 39.34.080 (Interlocal Cooperation Act) and other Washington law, as amended, authorizes any city to contract with another city to perform any governmental service, activity or undertaking which each contracting jurisdiction is authorized by law to perform. NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act,Chapter 39.34 RCW, in consideration of the foregoing recitals, the payments to be made, and the mutual promises and covenants herein contained, Auburn and Federal Way hereby agree as follows: 1. DEFINITIONS: (a). Booking: The process of registering, screening and examining inmates for confinement in the facility; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate. (b). Care: The custody, care, and treatment, including basic, emergency essential and/or major medical and dental care, food, lodging and personal items, as further described in Section 6 of this Agreement. (c), Contract Agency: The City of Federal Way. (d). Daily Fee: The fee charged for the daily care of Contract Agency inmates. 1 2. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the City of Auburn's detention facility and services located at 25 W. Main Street Auburn, WA 98001. 3. MAILING AND CONTACT ADDRESS: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: City of Auburn: Auburn Detention Facility Attn,: Manager 101 N. Division Street Auburn, Washington 98001 Facsimile: (253) 288-31§1 Tel. No. (253) 931-3088 Contract Agency: Greg Vause Jail Coordinator Federal Way Police Department 34008 9th Avenue South Federal Way, WA 98063-9718 Facsimile: (253) 661-4581 Tel. No. (253) 661-4739 4. AVAilABILITY OF JAil FACILITIES: Subject to the City of Auburn's rights with respect to certain inmates set forth in Sections 8 and 9 herein, Auburn will accept and keep inmates at the request of the Contact Agency, unless in the sole discretion of the City of Auburn, its inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Detention Facility might be reached or exceeded if the City of Auburn does not begin to refuse or request removal of inmates. The Contract Agency will only submit pre-sentence or sentenced misdemeanor inmates for confinement under this Agreement that may be legally confined for 24 hours per day. At the time of delivery to the Auburn Detention Facility the contracting Agency shall deliver to the facility the legal basis for the custody. This will include a list of charges against the inmate, warrants, or court orders. 2 5. COMPENSATION FROM CONTRACT AGENCY: (a) Daily Fee. In return for the City of Auburn housing of an inmate of the Contract Agency, the Contract Agency shall pay Auburn an amount equal to the amount charged as a bed maintenance fee by Yakima County (Yakima County daily fee less the medical fee) to house King County Suburban City inmates for every 24-hour period, or portion thereof, that said inmate is in the custody of Auburn. Such time period shall be measured from the time said inmate is transferred to the custody of the City of Auburn and ends when the Contract Agency resumes custody, either directly or through transfer to another agency. For 2004 the daily fee shall be $56.23. (b) Other Costs. The Contract Agency shall also pay such other costs to the City of Auburn or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (c) Billinq. The City of Auburn will bill the Contracting Agency on the 15th day of each month for all amounts due to Auburn under this Agreement for the services rendered in the prior calendar month. Payment shall be due from the Contract Agency 30 days from the billing date. Account balances overdue 30 days or more will be subject to, a service charge of 1 % per month (12% per annum). Should it become necessary, the Contract Agency will pay all collection costs associated with late payments. (d) Bookinq Fee. The City of Auburn shall not collect a booking fee from the Contract Agency, however, a booking fee of $40.00 as permitted by RCW 70.48.390 shall collected by the City of Auburn from Contract Agency inmates. This booking fee will be equal to any booking fee collected from Auburn's inmates. 6. MEDICAL COSTS AND TREATMENT: (a) Services Provided, Upon transfer of custody to the City of Auburn, Auburn will provide or arrange for the Contract Agency's inmates to receive such medical, psychiatric and dental services as may be necessary to safeguard their health while confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or hereinafter amended, and the policies and rules of the Auburn Detention Facility. (b) Cost Responsibility. The Contract Agency shall be responsible for the cost of all medication prescribed for one of its inmates. The Contract Agency shall also be responsible for all costs associated with the delivery of medical, psychiatric and dental services provided to an inmate that are not available from the health care program within the Auburn Detention Facility and for all emergency medical services, wherever provided. These costs shall be paid directly to the provider or as a reimbursement to the City of Auburn, as directed by the City of Auburn. Contract Agency inmates will be charged a $5.00 Health Service Fee when they request health care services (i.e. sick call) available within the Auburn Detention Facility, (c) Notice. Except in case of situations deemed an emergency by the City of Auburn, Auburn shall notify the Contract Agency's contact person by phone. In the case where the Contract Agency's contact person is not immediately located they will be notified in 3 writing, bye-mail, mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the Auburn Detention Facility or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the Auburn Detention Facility, the Contract Agency shall provide to the City of Auburn all written verification of any authorization of or refusal to authorize care or treatment for such inmate(s). (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured inmate by picking such inmate up for transfer at the Auburn Detention Facility; provided, in situations Auburn deems that an inmate requires emergency medical care, Auburn shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the inmate. (f) Records. The City of Auburn shall keep records of all medical, psychiatric or dental services it provides to an inmate. Upon resumption of custody by the Contract Agency and in accordance with WAC 289-20-250, the Contract Agency shall receive a copy or summary of the medical, psychiatric or dental records held by the City of Auburn for an inmate of the Contract Agency. The City shall have the right to review the files at its request. Any medical or dental services of major consequence shall be reported to the City as soon as time permits. 7. TRANSPORTATION OF CONTRACT PRISONERS: (a) Contract Aqencv Transport. It is the Contract Agency's responsibility to transport its inmates to and from the Auburn Detention Facility. In the event either party requests that custody of an inmate be transferred back to the Contract Agency, in accordance with any such right set forth in this Agreement, the Contract Agency shall transport such inmate. The Contract Agency will verify by telephone that space is available in the Auburn Detention Facility prior to transporting an inmate to the facility. The Contract Agency shall cause written notice of any expected transport by the Contract Agency of their inmates from the Auburn Detention Facility to be received by the Auburn Detention Facility at least 24 hours before the time of such transport, except for the inmates' initial court appearances which may be scheduled at the time of booking into the Auburn Detention Facility. It is the Contract Agency's responsibility to transport their inmates for non-emergency medical, psychiatric and dental services provided outside of the Auburn Detention Facility. (b) Additional Transport Coordination Without Costs. The City of Auburn agrees to coordinate transport of Contract Agency inmates to the Yakima County Department of Corrections, at no additional charge, when the Contracting Agency requests such transport. If the Contracting Agency has an existing contract to house inmates in Yakima County, the City of Auburn will identify these inmates as those of the Contracting Agency to Yakima County and will stop charging the Contracting Agency for housing these inmates at the time they are released to the County of Yakima. If the 4 Contracting Agency does not have an existing contract with Yakima County or does not have available beds within the scope of the Interlocal Agreement between the King County Suburban Cities, the Contracting Agency may request to utilize one of the beds designated to the City of Auburn, if such space is available, as determined solely by the City of Auburn. In this case the Contract Agency will be billed at the same rate that Auburn is billed for these beds, The date of transfer of Contract Agency inmates to Yakima is at the sole discretion of the City of Auburn. 8. TRANSFER OF CUSTODY: (a) Commencement of Custodv by City of Auburn. The Contract Agency' inmates shall be deemed transferred to the custody of the City of Auburn when corrections officers from the Auburn Police Department take physical control of an inmate. The City of Auburn will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent and the booking process is completed. If additional information is requested by the City of Auburn regarding a particular inmate, the parties shall mutually cooperate to obtain such information. In the absence of documentation and information satisfactory to the City of Auburn, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. The City of Auburn shall not be required to take custody of or assume control of or responsibility for any property of the inmate, except for such property that the City of Auburn allows for its own inmates. The Contract Agency's officers delivering an inmate to the Auburn Detention Facility shall be responsible for ensuring that all paperwork is in order and that all property allowed to be booked with the inmate is properly packaged. At such time, and only at such time, as all paperwork and property are in order will the City of Auburn take physical control of and assume custody of and responsibility for the Contract Agency's inmate to be confined. (b) Further Transfer of Custody. Except as otherwise allowed by Section 10 of this Agreement, the City of Auburn will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from the Contract Agency and a court of competent jurisdiction. (c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the City of Auburn, it shall be Auburn's responsibility to confine the inmate; to supervise, discipline and control said inmate; and, if applicable to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the City of Auburn shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 6 of this Agreement. (d) Resumption of Custody by Contract Aqency. The Contract Agency shall be deemed to have resumed custody of an inmate it transferred to the City of Auburn upon either the Contract Agency's officers taking physical control of an inmate at the Auburn Detention Facility or the inmate being released to the custody of Yakima County if such transfer is approved by the Contract Agency, 5 9. RIGHT TO REFUSE/RETURN AN INMATE: The City of Auburn shall have the right to refuse to accept or to return any of the Contract Agency's inmates under any one of the following circumstances: (a) Pendinq Medical Needs. The City of Auburn shall have the right to refuse to accept any Contract Agency inmate who, at the time of presentation for booking at the Auburn Detention Facility for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the City of Auburn. b) Problematic Physical History or Behavior and New Medical Conditions. The City of Auburn shall have the right to refuse to accept or to return any Contract Agency's inmate that, in the sole judgment of the City of Auburn, has a history of serious medical problems, presents a risk of escape, presents a risk of injury to other persons or property, or develops an illness or injury that may adversely affect or interfere with the operations of the Auburn Detention Facility. Any special transport costs, medical or otherwise, incurred in the return of Contract Agency's inmate under this subsection will be the responsibility of the Contract Agency. 10. REMOVAL FROM JAIL. OTHER GROUNDS: The Contract Agency's inmates may be removed from the Auburn Detention Facility for the following reason(s): (a) Request by Contract Aqency. Upon written request of the Contract Agency for transfer of custody back to the Contract Agency. In such case, the inmate will be transported by the Contract Agency pursuant to Section 7 above. (b) Court Order. By order of a court having jurisdiction over a Contract Agency's inmate. In such case, transport will be according to the terms expressed in the court order or by the Contract Agency pursuant to Section 7 above. (c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the Auburn Detention Facility. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the City of Auburn, an eminent danger to the safety of the inmate(s) or personnel of Auburn. In such case, the City of Auburn will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the inmate(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such inmate(s). 11. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by The City of Auburn: In the event of a notice of termination from the City of Auburn in accordance with Section 21 below, it shall be the Contract Agency's obligation to pick up and transport those inmates to the Contract Agency or other location as determined by the Contract Agency at no expense to the City of Auburn. 6 Such transports shall be made as if the Agreement were expiring and in accordance with the terms of Section 9 above. (b) Termination bY Contract Aqency. In the event of a notice of termination from the Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination, Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s). With respect to any inmate(s) not removed in accordance with this Section 11, the Contract Agency shall pay the base rate set forth in Section 5(a) above plus an additional Five Dollars ($5) per inmate for every 24 hour period or part thereof that said inmate(s) remains in the Auburn Detention Facility; and the City of Auburn shall retain all rights hereunder, notwithstanding such termination, until all of the Contract Agency's inmates are removed from the Auburn Detention Facility. 12. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its inmates than is allowed by the City of Auburn under its policies. The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the City of Auburn and state law for all inmates at the Auburn Detention Facility. With respect to the Contract Agency's inmates, the City of Auburn shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the Auburn Detention Facility apply equally to inmates confined pursuant to this Agreement and to those otherwise confined. (b) Inmate Accounts. The City of Auburn shall establish and maintain an account for each inmate received from the Contract Agency and shall credit to such account all money received from an inmate or from the Contract Agency on behalf of an inmate at the time of booking. Any booking fee permitted by Section 5 (d) will be subtracted from the inmate's account at the time of booking. At termination or expiration of this Agreement or an inmate's return to the Contract Agency the City of Auburn shall disburse the amount of each inmate's account to the inmates. In the event of death or escape of an inmate, the City of Auburn shall submit a check to the Contract Agency in the name of each inmate eligible for reimbursement in order to transfer an inmate's money to an inmate account administered by the Contract Agency. (c) Proqrams. The City of Auburn shall provide the Contract Agency's inmates with access to all religious, recreational and social service programs offered at the Auburn Detention Facility under the terms and conditions applicable to all other inmates at the facility. (d) Inability to Serve Time Outside of Facility. In accordance with Section 4 of this Agreement, the Contract Agency's inmates will not be allowed to leave the facility for participation in correctional work crews, work release programs, home monitoring or any 7 other program in which other inmates sometimes are allowed to leave the physical confines of the facility as part of serving their sentence unless approval for participation is provided as part of the sentencing order and approved in writing by the Contract Agency. 13. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility. Contract Agency shall have the right to inspect, at mutually agreeable times, the Auburn Detention Facility in order to confirm such facility maintains standards acceptable to the Contract Agency and that its inmates are treated appropriately, The City of Auburn agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at any reasonable time within the detention facility. Contract Agency officers shall be afforded equal priority for use of detention facility interview rooms with other departments, including the Auburn Police Department. 14. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency's inmate from the Auburn Detention Facility, the Contract Agency will be notified in writing as soon as practical. The City of Auburn will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the City of Auburn. The City of Auburn will not be required to pursue and return the Contract Agency's escaped inmates from outside of the City of Auburn. (b) Deaths. (1 ) (2) In the event of a death of a Contract Agency inmate in the Auburn Detention Facility, the Contract Agency shall be promptly notified in writing. The Auburn Police Department or another agency as designated by the Auburn Police Department will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of all records and documents in connection with the investigation. The City of Auburn shall, subject to the authority of the King County Medical Examiner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death, All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. This paragraph deals with relations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 8 15. POSTING OF BAIL: The City of Auburn shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's inmate with the City of Auburn, and any such bonds or monies will be promptly forwarded to the Contract Agency. 16. RECORD KEEPING: The City of Auburn agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the City of Auburn for all other inmates. The City of Auburn shall make copies of said records available to the Contract Agency upon its request. 17. INDEMNIFICATION AND INSURANCE: (a) Indemnification of Contract Aqency. The City of Auburn shall indemnify and hold harmless the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the City of Auburn's performance under this Agreement except for injuries and damages caused by the sole negligence of the Contract Agency. (b) Indemnification of City of Auburn. The Contract Agency shall indemnify and hold harmless the City of Auburn, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement except for injuries and damages caused by the sole negligence of the City of Auburn. (c) To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the parties their officers, agents, or employees, the indemnification obligations hereunder shall be limited to the proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (d) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy(ies) shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (e) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. (f) The provisions of this Section 17 shall survive the expiration or termination of this Agreement. 9 18. NON-DISCRIMINATION POLICY: The City of Auburn and the Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 19. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Auburn Police Department shall be responsible for administering the confinement of inmates hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 21. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective ninety (90) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected inmates, if any. 22. NON-APPROPRIATION OF FUNDS. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 23. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34,180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 24. DURATION: This Agreement shall be effective upon execution by both parties and shall continue through December 31 J 2004, unless terminated earlier under the terms set forth in Section 21 above. This Agreement may be renewed for successive periods of one year by written addendum executed by all parties hereto 10 under such terms as the parties agree in writing. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the City of Auburn. 25. GOVERNING LAW: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. 26. MISCEllANEOUS: In providing these services to the Contract Agency, the City of Auburn is an independent contractor and neither its officers, agents, or employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. Date: Attest: David Moseley, Federal Way City Manager Chris Green, Federal Way City Clerk Approved as to legal form: Patricia Richardson, City Attorney 11 Date: Peter Lewis, City of Auburn Mayor Attest: Dani Daskam, City Clerk Approved as to legal form: Daniel B. Heid, City Attorney, Auburn 12 MEETING DATE: 4/6/04 ITEM# .-:rz=-~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Purchase of digital cameras for Public Safety CATEGORY: BUDGET IMP ACT: ¿s CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: Memo to FEDRAC, Quote comparison sheet SUMMARYIBACKGROUND: Requsting approval ofthe purchase of 100 digital cameras for Public Safety officers as requested and approved through the 2003 LLEBG. Staff has studies the department needs and issued RFQ in March 2004. Technology Express provided the most responsive quote at $34,114.24 for 100 cameras and parts. CITY COUNCIL COMMITTEE RECOMMENDATION: Approved with recommendation to full council for final approval. PROPOSED MOTION: "I move approval ofthe purchase of digital cameras from Technology Express for total amount of$34,114.24 per RFQ submited by staff." 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: Via: From: March 19, 2004 Finance, Economic Developm~d "Refional Affairs Committee David H. Moseley, City Manag~\Jk-' Mehdi Sadri, IS Manager /l-Jd ¿ Purchase of Digital Cameras for Public Safety Subject: BACKGROUND: City Council approved the 2003 LLEBG grant for the purchase of digital cameras and tasers for the Public Safety department. City staff established the criteria and identified and evaluated several digital cameras that met the requirements, selecting the Sony digital camera model PC8 as the most cost effective solution. A Request For Quote (RFQ) was issued for this purchase. Staff has reviewed the quotes and requests the approval for the purchase of digital cameras and accessories from Technology Express for the total amount of$34,114.24. This is the lowest, most responsive quote among the six vendors for 100 cameras, with casing, additional memory, and spare batteries. A copy of the RFQ comparison sheet is attached. COMMITTEE ACTION: Motion to recommend approval of the purchase of police digital cameras from Technology Express for the total amount of$34,114.24 and forward to full Council for approval. h:\finance\fincommt\2004\O32J\dlg1tal camera memo.doc E:I Technolo~:¡y Intearation Grou $ 275.00 $ Extended Price $ 27,500.00 $ Turn Around 10 da Zoneslnc $ 266.00 $ 27.79 $ 13.50 $ 37.85 $ - $ 345.14 Extended Price $ 26,600.00 $ 2,779.00 $ 1,350.00 $ 757.00 $ - $ 31,486.00 Turn Around 3-7 da s More Direct, Inc $ 268.50 $ 28.36 $ 12.94 $ 37.92 $ - $ 347.72 Extended Price $ 26,850.00 $ 2,836.00 $ 1,294.00 $ 758.40 $ - $ 31,738.40 Turn Around 1-3 da s Technoloav Express $ 265.00 $ 28.00 $ 13.00 $ 37.75 $ - $ 343.75 Extended Price $ 26,500.00 $ 2,800.00 $ 1,300.00 $ 755.00 $ - $ 31,355.00 Turn Around 3-5 Days ~ BestBu Commercial Sales $ 285.00 $ 33.00 $ 15.00 $ 45.00 $ 300.00 $ 678.00 Extended Price $ 28,500.00 $ 3,300.00 $ 1,500.00 $ 900.00 $ 300.00 $ 34,200.00 ~ Turn Around 5-7 Business Days Lowest Quote: Technology Express 21312 30th Dr. SE #105 Bothell, WA 98021 Quote $ 31,355.00 Tax $ 2,759.24 ¡Total $ 34,114.24 I MEETING DATE: April 6, 2004 ITEM# ~ 1- -..- ...--....-...--..-..-..---......-....--...----"-----"--""-"'-"----"""-"---...-----....-----.....---..----..-..--...--.-----.......-...---..-......----.-...---.....-.-.---........-..-----------.. ...---........---...-.- -.---..------""_......m__-- --------"-"""""""""""-,,,,,,--"-"""""""""-...-.-.--...-............ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Work Plan Related to Potential City Center Redevelopment Strategies CATEGORY: BUDGET IMPACT: x CONSENT RESOLUTION CITY COUNCIL BUSINESS ORDINANCE PUBLIC HEARING OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $0 ...-...--..................--................mmm"""""......m........m"""""""--'"""""-"""""""""""""'_m...._..............m....--m.................m.._....._..........................--................ .--...................._......mm............m..m._.."""m....m"""_""""-"'--"--"""""""""".._m"""""..""_.........m..""'...........mm...... ATTACHMENTS: Memo to Council Committee, including attachments 'stJïvll\wîv/BA'CKGROûND.:...........mm...m........_...m........._........""""'-""""'-_m_"""""-""--'-.-...-_'-"'.....m..---_.__._m.._....m...m_..._m___.m...._m""__'_""-""""'--........................ ........mmm...............- After discussion at the City Council's January 2004 retreat, City Councilmembers have expressed interest in formulating a work plan for further exploration and consideration of potential partnerships with private-sector developers in the City Center to foster desired development, pursuant to the adopted Comprehensive Plan VISIon. Such potential partnerships might include partial funding for ROW improvements and/or partial funding of publicly accessible structured parking. Two general approaches to offering such partnerships have been preliminarily discussed: 1. Develop and issue a Request for Proposals ("RFP") that would announce to the development community that Federal Way is interested in specific types of City Center development and may make contributory monies available for the above-cited ROW or parking improvements; and/or 2. Pre-identify evaluation criteria for such potential public-private partnerships and follow a "wait and see" approach, being prepared in advance to respond to proposed partnerships if they arise. In either case, two key decisions would be necessary from City Council: 1. Identification of potential funding, and 2. Identification and approval of evaluation/selection criteria. Examples of evaluation criteria include: . The proposed development is comprised of (or contains) mixed-use, multi-story buildings, and/or offers a "village" or "life style center" site and building design, with street-oriented storefronts, outdoor eating and dining, outdoor public amenities such as artwork, fountains, plazas and seating; . The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial impact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin-off development; . The proponent can provide a solid track record with similar private development (previous experience in public-private partnerships desirable); . The project is projected to provide additional jobs at a variety of levels (lower- and middle-income jobs). Preference between competing projects could be given to those projects projected to create a greater number of jobs per amount of requested public participation; . Economic impact analysis. A detailed analysis and estimate of the project's direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts through the multiplier effects throughout the local economy; . Financial "gap" analysis, including development costs, projected revenue, disclosure of developer's desired capitalization rate, internal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participation; (Please see "Attachment A," staff memo of 1/9/04 to City Council for 1/16/04 Council Retreat.) PROPOSAL Given the City Council's desire to study these issues further and to include public review and comment, staff has developed the following preliminary, conceptual outline of a work plan for the next few months: . Develop more fully the RFP and "wait and see" approaches, including associated evaluation criteria; . Explore the feasibility of City acquisition of property for a "town center" project, consisting of a public park or plaza, including redevelopment of key adjacent sites with multistory, mixed-use development; . Identify possible funding sources (with potential amounts); . Explore a two or three potential development scenarios and their economic impact and/or tax revenues; . Develop a public engagement/involvement plan that would include 1) an ad hoc advisory group that could provide a first-level response to preliminary ideas, followed by a short series of public meetings with a more refined proposals and ideas for review and comment; Staff would perform the above tasks and report back to FEDRAC for review and approval of the draft potential strategies, plans, criteria, etc, Upon FEDRAC approval of the draft strategies, criteria, public involvement plan, etc., these would be available for public review. First staff would develop a brief issue paper for review by the ad hoc advisory group, mentioned above. We would hope that the group's input would improve upon the ideas, which could lead to a more informed, more realistic set of approaches, criteria, etc., which could then be presented in the public meetings (perhaps with a Powerpoint presentation, etc.), Ultimately, the process could lead to a report back to FEDRAC that would include a detailed summary of public comment, suggestions, response, etc., at which time the Committee could begin to formulate its final recommendations to City Council on the City Center redevelopment strategies. . CITY coiiN.ëïL-.COMMITTEE-RECOMMENDA TIOÑ: At íiŠ-Marëfï.~ 200irÏÏlë-et1ng, FEDRAC-.----------.-- recommended approval of the staff-proposed work plan, with the addition of an item related to exploration of the feasibility of a potential "town center" plaza-with-related-redevelopment concept. The recommended work plan, as amended by Committee, is what precedes in the above section entitled "Proposal." ,-""""",-,'-"""--'---"'-""-'---'--'-'---""-----.-..-..-.....--..-.---.....-..--..--.--.....-.-.-....--.......--------.-.--..-.-----.-..-.....-...--.-.--."-....---'.-----.-...........--.--..--......-" '-'-----."-"'----"-"""""'-""""""--"--""'-'---"'- PROPOSED MOTION: "I move to approve the proposed work plan related to potential City Center redevelopment strategies, as recommended and amended by FEDRAC." ~- (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 - 04/28/2003 /" CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: March 2, 2004 Finance, Econo ic De elopment and Regional Affairs Committee David H. M ele anager Patrick Doherty, Deputy Director, Community Development Services Work Plan for Considering City Center Redevelopment Strategies BACKGROUND After discussion in Fall of 2002, Fall of2003 and at the City Council's January 2004 retreat, City Councilmembers have expressed interest in formulating a work plan for further exploration and consideration of potential partnerships with private-sector developers in the City Center to foster desired development, pursuant to the adopted Comprehensive Plan vision. Such potential partnerships might include partial funding for ROW improvements and/or partial funding of publicly accessible structured parking. Two general approaches to offering such partnerships have been preliminarily discussed: 1. Develop and issue a Request for Proposals ("RFP") that would announce to the development community that Federal Way is interested in specific types of City Center development and may make contributory monies available for the above- cited ROW or parking improvements; and/or 2. Pre-identify evaluation criteria for such potential public-private partnerships and follow a "wait and see" approach, being prepared in advance to respond to proposed partnerships if they arise. In either case, two key decisions would be necessary from City Council: 1. Identification of potential funding, and 2. Identification and approval of evaluation/selection criteria. Examples of evaluation criteria include: . The proposed development is comprised of (or contains) mixed-use, multi-story buildings, and/or offers a "village" or "life style center" site and building design, with street-oriented storefronts, outdoor eating and dining, outdoor public amenities such as artwork, fountains, plazas and seating; " . The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial impact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin-off development; The proponent can provide a solid track record with similar private development (previous experience in public-private partnerships desirable); The project is projected to provide additional jobs at a variety of levels (lower- and middle-income jobs). Preference between competing projects could be given to those projects projected to create a greater number of jobs per amount of requested public participation; Economic impact analysis. A detailed analysis and estimate ofthe project's direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts through the multiplier effects throughout the local economy; Financial "gap" analysis, including development costs, projected revenue, disclosure of developer's desired capitalization rate, internal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participation; . . . . (Please see "Attachment A," staff memo of 1/9/04 to City Council for 1/16/04 Council Retreat. ) STAFF RECOMMENDATION Given the City Council's desire to study these issues further and to include public review and comment, staff has developed the following preliminary, conceptual outline of a work plan for the next few months, for Committee consideration: . Develop more fully the RFP and "wait and see" approaches and associated evaluation criteria; Identify possible funding sources (with potential amounts); Explore a couple of potential development scenarios and their economic impact and/or tax revenues; Develop a public engagement/involvement plan that would include 1) an ad hoc advisory group that could provide a first-level response to preliminary ideas, followed by a short series of public meetings with a more refined proposals and ideas for review and comment; . . . Staff could perform the above tasks and report back to FEDRAC for approval of the plan, criteria, etc. After FEDRAC approval of the draft approaches, criteria, public involvement plan, etc., staff could develop a brief issue paper for review by the ad hoc advisory group. We would hope that the group's input would improve upon the ideas, which could lead to a more informed, more realistic set of approaches, criteria, etc., which could then be presentèd in the public meetings (perhaps with a Powerpoint presentation, etc.). Ultimately, the process could lead to a report back to FEDRAC that would include a detailed summary of public comment, suggestions, response, etc., at which time the Committee could begin to formulate its final recommendations to City Council on the City Center redevelopment strategies. COMMITTEE ACTION "I move to request staff to pursue the above-mentioned work plan associated with potential City Center redevelopment strategies, provide progress reports at each monthly FEDRAC meeting, and bring this issue back to FEDRAC upon conclusion of the work plan for its consideration and recommendations to City Council." AI)PROV AL BY COMMITTEE: /S/ l~ric.T:aison Chair Jeanne Burbidge ~£ Jim Ferrell ./ A 'IT AC~\-\K b~ T /-~ CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: January 9, 2004 City Councilmembers David H. Moseley, City Manager Patrick Doherty, Deputy Director, Community Development Services City Center Redevelopment Strategies KEY QUESTIONS: . Does the Comprehensive Plan encompass the City Council's vision for the City Center for the next 10 to 20 years? What tools does the City Council wish to use to achieve this vision? What process(es) for engaging public involvement and input does the City Council wish to use? . . BACKGROUND: The Federal Way Comprehensive Plan, developed in the mid-1990s after an extensive public-involvement process, lays out the following over-arching principals for the Federal Way City Center: . Create an identifiable downtown that is the social and economic focus of the City; Strengthen the City as a whole by providing for long-term growth in employment and housing; Promote housing opportunities close to employment; Support development of an extensive regional transportation system; Reduce dependency on automobiles; Consume less land with urban development; Maximize the benefit of public investment in infrastructure and services; Reduce costs of and time required for permitting; Provide a central gathering place for the community; and Improve the quality of urban design for all developments. . . . . . . . . . Contrasting with this Comprehensive Plan vision, however, the current state ofthe Federal Way City Center is dominated by one-story retail and service shopping center and strip centers with expanses of surface parking lots. In addition, it is of note that more recent surveys of public opinion with regard to the City Center appear to support the Comprehensive Plan vision. The surveys conducted by the LeonhardtFitch group in association with the branding research yielded some interesting results. Several sectors of the City residents and businesses were interviewed, including executives from the City's largest businesses, community representatives, Chamber of Commerce representatives and others. Memo to Council Retreat January 16-17, 2004 City Center Redevelopment Page 2 of2 , When asked questions about the City's greatest weaknesses, the City's greatest opportunities, and what the City can do to attract more businesses, all sectors of the community included the following in their responses: . The City has a weak downtown, little sense of place, an unattractive downtown, etc.; and The City should create an attractive, pedestrian-oriented downtown, create a heart for the community, etc.; and . . Please see Attachment F for a more detailed summary of these survey results. In summary, notwithstanding the adoption of a Comprehensive Plan and accompanying land use regulations that would promote denser, more multi-use development, the City Council has recognized that additional regulatory and/or financial incentives may be necessary to accomplish these objectives and has demonstrated its interest in stepping up efforts to foster this type of development by the following measures: . Continued investment in the City Center ROW improvements has occurred. The City Council has adopted Building Code provisions that allow five stories of wood-frame construction over concrete to accommodate the most recent mixed- use development types. Last year the City Council adopted a 10-year property tax exemption for residential developments in the City Center. The City is currently in the process of carrying out a SEP A Planned Action to encourage and accommodate City Center development. Substantial progress in improving the permitting system has been made, and the triggers for ROW improvement associated with property redevelopment have been adjusted so as not to encumber smaller remodeling projects. . . . . In addition, over approximately the past year and a halftheCity Council has expressed interest in exploring even more proactive strategies for fostering desired City Center redevelopment, including the following potential strategies: . City partnership with private developers on public parking facilities; . City partnership with private developers on ROW improvements; City purchase of key redevelopment site(s) to market for desired development through an RFP. . . At that Study Session, the City Council decided to take up discussion on these matters at the January 2004 Council retreat. What follows in the remainder of this memorandum are: . Memo to Council Retreat January 16-17, 2004 City Center Redevelopment Page 3 of3 . .' . An outline of the above-mentioned potential redevelopment strategies and potential funding mechanisms, (Please refer to Attachment A, October 24, 2003 Memo to Council Study Session, for a detailed description of these strategies and mechanisms) A set of recommended criteria for consideration of public-private partnership proposals from private developers, and Recommended options for processes to engage and involve the public in any of these strategies. . . . For your information and reference, the following documents are attached: . Attachment A, memo to City Council for 10/28/03 Study Session, dated 10/24/03 Attachment B, memo to FEDRAC, dated 11/20/02 Attachment C, memo to FEDRAC, dated 9/26/02 Attachment D, City Center Chapter, Federal Way Comprehensive Plan Attachment E, Economic Development Chapter, Federal Way Comprehensive Plan Attachment F, summary of Leonhardt: Fitch survey results related to City Center . . . . . POTENTIAL CITY CENTER REDEVELOPMENT STRATEGIES FOR FEDERAL WAY As mentioned above, three general strategies for City Center redevelopment have been focused on (please see Attachment A for greater detail): . City participation in project-related ROW improvements, . City participation in parking facilities, and . City purchase of City Center land. PARTNERSHIP METHODS "Responsive" Approach One approach for partnering with private-sector developers would be for the City Council to develop criteria defining desirable City Center redevelopment projects, identify and/or designate potential funding sources and strategies, and establish policies and procedures that would allow the City to respond quickly and strategically to opportunities for public- private partnership that might arise from the private sector. A private developer who approaches the City with redevelopment ideas could be informed of the City's policies with regard to City Center redevelopment and potential financial partnership to achieve these goals. If such a developer proposed a specific partnership concept (ROW improvements or parking facilities), the City could then set . Memo to Council Retreat January 16-17,2004 City Center Redevelopment Page 4 of 4 into motion a pre-approved procedure for consideration of such a proposal in a timely fashion. RFP Approach On the more proactive side, the City could develop an RFP that would be published in trade journals and sent to developers along the West Coast (or beyond), indicating the City's willingness and ability to partner with private-sector developers for desired City Center redevelopment schemes. The notion of floating an RFP to invite prospective developers works generally the same way for the three redevelopment strategies discussed above. The City offers up either financial contribution or City Center land as the incentive, describes its desired redevelopment typology, develops predetermined evaluation criteria, and advertises the RFP to the widest audience feasible. Potential Partnership Criteria The criteria for both the "responsive" and RFP approaches would be essentially the same. Here are some preliminary criteria for consideration and discussion: . The proposed development is comprised of (or contains) mixed-use, multi-story buildings, and/or offers a "village" or "life style center" site and building design, with street-oriented storefronts, outdoor eating and dining, outdoor public amenities such as artwork, fountains, plazas and seating; The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial impact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin-off development; The proponent can provide a solid track record with similar private development (previous experience in public-private partnerships desirable); The project is projected to provide additional jobs at a variety of levels (lower- and middle-income jobs). Preference between competing projects could be given to those projects projected to create a greater number of jobs per amount of requested public participation; Economic impact analysis. A detailed analysis and estimate ofthe project's direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts through the multiplier effects throughout the local economy; Financial "gap" analysis, including development costs, projected revenue, disclosure of developer's desired capitalization rate, internal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participation; . . . . . POTENTIAL FUNDING OPTIONS " Memo to Council Retreat January 16-17,2004 City Center Redevelopment Page 5 of 5 Funding Sources The following are potential sources of funding that could be considered to finance the redevelopment strategies discussed above: 1. Bonding of the excess revenue from the 1/2% utility tax dedicated to the Public Safety facilities. 2. Sale, rental or trade of City Hall. 3. Earmark yearly carry-forward funds to a pool of funds for ROW improvements. 4. King County "float loan." 5. Borrow money. 6. Create a revolving funding pool. PUBLIC PROCESS OPTIONS There are a wide variety of processes by which municipalities have engaged significant public involvement in these and other, similar redevelopment strategies. Most communities begin where we have already begun; i.e., with a focused subarea planning effort involving generous public involvement. In our case, the City Center Chapter of the Federal Way Comprehensive Plan is our "subarea plan." That plan was developed through the "CityShape" process that was led by professional consultants and included substantial opportunities for public involvement and participation, including hands-on charrette-style workshops, surveys, public open houses and meetings, as well as . the standard Planning Commission and City Council review meetings, which were open to and included public comment. From that starting point, cities can continue to engage the public through any number of public-involvement strategies, which may be used separately or together. These strategies include: 1. Public meetings or open houses in the City Center or elsewhere throughout the City. Design charrettes. Public surveys - on the City website, by phone, by postcard, etc. 2. 3. These strategies, and others, can successfully be used to engage public involvement within the context of several different types of redevelopment:-focused decision-making bodies, which are summarized below: 1. Council study sessions that include a public comment periods. 2. Extra FEDRAC meetings that include a public comment periods. Memo to Council Retreat January 16-17,2004 City Center Redevelopment Page 6 of 6 3. Public-Private Partnership Oversight Committee. This is another vehicle for regularized public involvement. The City of Seattle formed such a committee in the 1990's to help establish policies on entering into public-private partnerships and then to provide public oversight of all such partnerships entered into by the City of Seattle. Their meetings were open to the public and engaged considerable public comment at times, 4. Redevelopment Advisory Committee. Similar to the above, a redevelopment commission would act more like a planning commission and not take on the quasi-governmental functions of floating bonds, buy and selling property, etc. In this case, commissioners would not include City Councilmembers, and they would offer recommendations to the City Council. Again, due to their focused mission, public involvement in redevelopment issues, projects, policies, etc., would be possible at their regularly scheduled meetings, open houses, charrettes, etc. 5. Redevelopment Authority. This is perhaps the most common vehicle for municipalities across the nation that engage in redevelopment activities. Particularly in states where local redevelopment efforts are more commonplace, cities often form public development or redevelopment authorities. In most cases City Councilmembers are also members of these authorities - in some cases the authorities are comprised solely of Councilmembers simply "wearing a different hat." In some cases the authorities have the ability to incorporate under state law, float bonds, buy and sell properties on their own, while in other they act like a planning commission and offer recommendations to their City Council. Local examples of such authorities are the Thea Foss Development Authority in Tacoma and the Vancouver, Washington Downtown Redevelopment Authority. With a board expressly focused on the topic of downtown redevelopment, such authorities offer a regular schedule of opportunity for public involvement in redevelopment efforts - at their open public meetings, at specific open houses held on specific projects, at design charrettes, etc. In summary, there are numerous potential methods and opportunities available for public involvement in City Center redevelopment strategies that could be used together or separately with any of the boards, commissions or committees, cited above - or in conjunction with Council study sessions or committee work. MEETING DATE: April 6, 2004 ITEM# .=(// ~ ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Resolution adopting the 2004 Retreat Summary and Amending Council Rules of Procedure CATEGORY: BUDGET IMPACT: 0 CONSENT ~ RESOLUTION ~ CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $ $ ATTACHMENTS: Resolution, Retreat Summary, Amended Rules of Procedure SUMMARYIBACKGROUND: City Council held the 2004 Retreat to identify priorities and goals for 2004-2006, which focused primarily on economic development. Council also discussed Rules of Procedure, a comprehensive salary study, changes in the budget development process, and setting the date for the 2005 Council Retreat. The proposed Resolution with attached Summary and proposed Amended Rules of Procedure sets forth Council's direction. CITY COUNCIL COMMITTEE RECOMMENDATION: ilia PROPOSED MOTION: "I move approval of the Resolution adopting the 2004 Council Retreat Summary and amended Rules of Procedure" ~I~~ ~.:~:;;;~::~~~~:: =þi\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDillEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 DRAf1 .J/3~lcJ tf RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING 2004 CITY COUNCIL RETREAT SUMMARY AND AMENDING COUNCIL RULES OF PROCDURE. WHEREAS, the Federal Way City Council held a retreat on January 16 and 17,2004 at the Federal Way Executel; and WHEREAS, the City Council identified priorities and goals for 2004-2006; and WHEREAS, the overarching goal for economic development is to expand the tax revenue base without increasing the tax burden to City residents and provide services that citizens expect from their government; and WHEREAS, the City Council requested that the City Manager draft a Resolution adopting the Retreat Summary; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Council Priorities and Goals for 2004-2006. The City Council hereby adopts the 2004 City Council Retreat Summary, attached hereto as Exhibit A, outlining four major goals and strategies for economic development, amending Council Rules of Procedure, attached hereto as Exhibit B, assessing resources needed for a comprehensive salary study, identifying changes to the budget development process, and setting the date for the 2005 City Council Retreat. Section 2. Council Rules and Procedures. The City Council hereby amends the Council Rules of Procedure, which are attached. Res. # -' Page 1 Section 4. Severability. If any section, sentence, clause or phrase ofthis 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 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 ,2003. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: 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. Res. # -' Page 2 EXHIBIT A CITY OF FEDERAL WAY The City Council's Strategic Planning Retreat Friday & Saturday, 16 & 17 January 2004 Federal Way Executel FIN AL SUMMARY Of the Key Discussions, Decisions and Agreements Attendees: Mayor Dean McColgan, Council members Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, Linda Kochmar and Mike Park; City Manager David Moseley; Assistant City Managers Donna Hanson and Derek Matheson; Department Directors Anne Kirkpatrick, Kathy McClung, Mary McDougal, Cary Roe, Jennifer Schroder and ¡wen Wang; City Attorney Pat Richardson; Economic Development Director Patrick Doherty; Executive Assistant to the City Manager Patrick Briggs; and Facilitator Jim Reid. The following summarizes the key discussions, decisions and agreements of the seven Federal Way City Council members at their annual strategic planning retreat, which occurred this year on Friday, 16 January and Saturday, 17 January at the Federal Way Best Western Execute!. COUNCIL'S FUTURE DIRECTION FOR CITY: "EXPAND THE ECONOMIC PIE" To set the stage for envisioning where the City Council wants Federal Way to be in the future, City Manager David Moseley first reviewed the Council's and City's accomplishments during 2003. There were many. These five accomplishments are highlighted because they were the Council's priorities for 2003, as established during the annual strategic planning retreat in January of last year: 1. Develop the Community Center; 2. Establish the new City Hall, which the City will move into in July and August; 3. Implement pennit process improvements recommended by an ad hoc committee of City officials and citizens; 4. Develop the Potential Annexation Area (PAA) study, which will be completed in April 2004, and place three annexations on the Fall 2004 ballot; and 5. Oppose the sexual offender house. The Council members then described what they want Federal Way to be in 15-20 years. Their direction calls for the City to help "expand the economic pie" so that the City can provide the services Federal Way residents expect of City government. In 15-20 years, the Council members want Federal Way to be described as or contain the following: 0 0 more a "place" and destination; a vibrant downtown with higher vertical buildings; green spaces in and adjacent to downtown, similar to those of the nation's great cities; thriving, successful businesses throughout the community, particularly downtown, that support the residents, and which the residents patTonize so that their money is spent in the community, not outside it; a City with a high quality of life, as defined by equitable planning and distTibution of resources for economic development, parks and recreation, housing, social and health servIces; distinctive and unique neighborhoods; "living wage" jobs; a community that attracts money from outside sources which do not require building more infrastructure; good schools; affordable homes for the community's diverse residents; an attractive location on the light rail connection between Seattle (and SeaTac Airport) and Tacoma; creative types of shops and businesses, distinctive from downtown Seattle, Tacoma Mall, Southcenter and Bellevue Square; "upscale" restaurants; more amenities for seniors; expanded and promoted opportunities for recreation and other fonTIS of relaxation, particularly in light of the increasingly hectic and chaotic pace of life; more diverse fonTIS of housing, including townhomes and cottages, that appeal to a population with a broader range of needs; a City government that is more assertive about publicizing the community's demographics and attTibutes; public-private partnerships for human services; a more heavily promoted and used Dumas Bay Center; and City services will be delivered even more efficiently and effectively, perhaps through the merger of the City with other service providers. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 COUNCIL AGREES ON A PRIORITY AND GOALS FOR 2004-06 The Council is united by the following five interests for economic development and, particularly, downtown: 1) Federal Way has a vibrant, active and more "identifiable" downtown; 2) within downtown, there is a mix of jobs, housing, and recreational and cultural amenities, with more of each of these things than exist today; 3) City government is more open and receptive to business interests; 4) the City relies upon a greater variety of tools and resources to stTengthen the economic vitality of the community and, particularly, downtown; and 5) the City helps retain existing businesses and recruit new ones. 2 After reviewing the list of Federal Way's qualities and characteristics 15-20 years from now, the Council members agreed on the following priority for the next three years to beginning achieving their future direction: Increase tax revenues to provide services that the citizens of Federal Way expect from their City government. The Council then agreed on these goals for achieving it: 1. Recruit new businesses to the City. 2. Help the City's existing businesses grow and expand. 3. Attract revenue from people who live outside Federal Way. 4. Reduce "leakage," i.e., sales tax revenues generated by purchases of goods and services by Federal Way residents from sources outside the City. P ARTNERSIDPS NEEDED TO ACHIEVE FUTURE DIRECTION After agreeing on a priority for the next few years and the goals to achieve it, the Council paused to discuss the kinds of leadership that will be needed to advance them. In short, the Council members want to stimulate partnerships between the City, key interest groups and citizens. To build and strengthen those partnerships, the Council members stated that the City needs to educate the public and nurture leadership from various sources throughout the community, including from businesses and neighborhoods. The Council members recognize that they and the City's employees cannot "do it all," and to accomplish the future direction will require leadership from outside City Hall. Council members expressed interest in the City more aggressively educating the public about what it is doing and why, and about how citizens can become more involved in their community. Key partnerships that the Council wants to strengthen include those between the City and Chamber of Commerce, between the City and neighborhood groups, and between the City and businesses that do not belong to the Chamber or any other organization. The Council also expressed interest in reaching out more to the "great silent majority" of citizens who may not know about and who do not comment on City programs, services and activities. GOAL #1: RECRUIT NEW BUSINESSES TO THE CITY After a lengthy discussion, the Council reached consensus on three strategies for achieving Goal #1. The first and second strategies: Redevelop the City Center through a "responsive" approach or redevelop the City Center through a more active approach (using an RFP to attract private entities to join the City in a redevelopment partnership), or a combination of both approaches. (These strategies and the various approaches are described on pages 3 and 4 of Patrick Doherty's memorandum to the Council dated 9 January 2004). To determine whether or not to embark on these strategies, the Council directed that these four steps be taken: 3 1. By the end of February 2004, the City will prepare vital infonnation and key messages that will enable it to effectively communicate the Council's future direction on economic development to key stakeholders and the public. One message the Council agreed should be repeatedly communicated: The City's actions to expand sales tax revenues are an investment in the community's future, not just an expenditure of public funds. 2. The Council will review the infonnation and key messages, and begin to test these messages by presenting them at public forums such as the future Developers' Forum. 3. As the City is developing its infonnation and key messages, the Office of Economic Development, working in concert with the Community Development Services Department, the City Manager's Office and other departments, will further define and refine its 'approaches to achieving the Council's future direction for increasing sales tax revenues by recruiting new businesses to the community. Additional details will be developed on the "responsive" approach and the criteria that were outlined in the economic development memorandum that was presented to the Council at the retreat. Furthennore, a draft RFP for City partnerships with the private sector will be written. As these approaches are being further defined and refined, the City will detennine what forums are most appropriate for capturing citizen and special interest reactions and responses to them. Other ideas that were mentioned included: FEDRAC's strategy to hold a second meeting each month that focuses on economic development, and to hold them out in the neighborhoods; devote an entire page in the City newsletter to economic development; televise the FEDRAC meetings on economic development; produce a video, in Question and Answer format, that explains the Council's future directions, priorities, goals and strategies on economic development; City Council members present to business organizations their vision and goals, and what the City is doing; put on capital project fliers a detachable piece to allow citizens to send to City Hall their opinions, perspectives and ideas about economic development issues and actions; investigate and assess what other cities are doing to encourage economic expansion and downtown development; and using volunteers, leaflet neighborhoods before meetings to encourage citizen attendance and comments. 4. After the potential approaches have been further developed, and after they have been reviewed, the Council will decide which of them to pursue to achieve its goal of recruiting new businesses to Federal Way. The third strategy: Use the existing City Hall as a business incubator after City departments have moved into the new City Hall this coming summer. Steps that will be taken to assess the viability of this strategy before the Council agrees to it include: 1. Identify and review existing models. 2. To detennine the need for this service, conduct research and a survey of businesses. 3. Develop and propose options for how it could be structured and what services would be provided. 4. Detennine if any City resources or subsidies would be needed, and where the funds would come from. 5. Identify the City's returns on its investments. 4 The above infonnation will be accumulated, analyzed and presented to the Council for a final decision before the existing City Hall is vacated in late July and August. GOAL #2: HELP THE CITY'S EXISTING BUSINESSES GROW AND EXPAND After agreeing on two strategies and a number of actions to help recruit new businesses to Federal Way, the Council members discussed the City's role in helping existing businesses grow and expand. During the discussion, the staff recognized the need for and committed to do a better job of keeping Council members abreast of what the City is doing to assist existing businesses. The Council then agreed on five strategies by which the City may help existing businesses grow and expand. They are: 1. Through the use of email, the City will communicate with existing businesses about the City's economic development direction, priorities, goals and actions, and how they can be involved. 2. The City will develop a job description for a new position of Ombudsman, a liaison between the City and business community. The job description will be presented to the Council so that it can decide whether or not to establish and fund the position. 3. When businesses renew their City business license, the City will send them a letter of thanks. 4. The City will review the missions, roles, responsibilities and work programs of three existing committees-the EDC, EVC and FEDRAC-to determine if there are areas of overlap and redundancy. The goal is to sharpen the focus of each committee, reduce redundancy, and ensure that they are working in concert with each other but achieving different key pieces of the Council's vision. 5. The City will gather information about the need for a City government role in helping retain and expand existing businesses. The intent of this strategy is to determine if this . goal should get as much attention and as many resources as the goal of helping recruit new businesses. Among information that is sought: How many businesses are there in Federal Way? How many new business licenses are issued by the City each year? How many businesses go out of business annually? Why? Are City actions at all responsible for the closure ofbusinesses? GOAL #3: ATTRACT REVENUE FROM NON-REsIDENTS At this point in the discussion of economic development, the Council turned its attention to Goal #3: Attract revenue from people living outside Federal Way. A strategy the Council identified and discussed was this: Make Federal Way a principal destinationfor amateur sports events. To achieve that strategy, the number of soccer and ball fields will need to be increased, and it is possible that new facilities, such as a field house and/or gymnasiums, will need to be built. Other actions could include making the amateur sports industry more aware of the facilities and amenities that Federal Way offers. 5 Council members agreed that if this strategy were to be implemented, a balance would need to be attained between the needs of Federal Way residents for recreational opportunities and facilities, and the needs of non-residents for fields and facilities for their amateur sports events. The Council agreed that this strategy should be further explored by FEDRAC before being brought back to the full Council for further consideration and possible approval. As part of the committee's analysis, the Council asked that the City's potential investments, and the rate of return that it could expect, be identified and highlighted. The Council also briefly discussed a longer-tenn strategy for attracting more non-resident dollars into the City, and thus increasing sales tax revenues: make the City a regional center for arts and culture, and attract non-resident arts patrons to events held within the City, where they will spend their money on the events themselves, and on related items such as hotels, restaurants and shopping. GOAL #4: REDUCE "LEAKAGE;" I.E., SALES TAX REVENUES GENERATED BY PURCHASES OF GOODS AND SERVICES BY FEDERAL WAY RESIDENTS FROM SOURCES OUTSIDE THE CITY. The Council briefly discussed this goal and concluded that Goals 1-3 and strategies to achieve them will help achieve this goal. COUNCIL SEEKS ASSESSMENT OF RESOURCES NEEDED TO EXPLORE A POTENTIAL ANNEXATION The City's annexation policy was the second major issue of the retreat. The mutual interests of the Council are: 1. Take an orderly approach to annexation to ensure that the full ramifications of growth are understood by the Council and the public. 2. Annexations make "business" sense, i.e, they do not reduce the City's ability to provide services, nor do they diminish the quality of those services. 3. Annexation policy enhances key relationships with the public, interest groups and other jurisdictions. 4. Be aware of what is occurring at the City's borders. While recognizing that the Potential Annexation Area (P AA) study will be completed in Spring 2004, the Council members agreed that any annexation of land and people into the City must make business sense. "Business sense" means that the annexation would not reduce the City's ability to provide services, nor would it reduce their quality. It also means that the cost of annexation would not outweigh the benefits to the City. The Council also appeared to endorse the existing unofficial policy: Let the citizens who want to be annexed propose it to the City rather than vice versa. But carefully and continually watch what is happening on the City's borders. 6 During its discussion about annexations, the Council agreed to ask staff to provide it with an assessment of what actions and resources, including staff time, would be needed if the City were to approach Pierce County about amending its Comprehensive Plan to place Brown's Point and Dash Point in Federal Way's PAA, and, if Pierce County did amend its Comp Plan, if the City was then to work with the residents of those two communities on annexation. COUNCIL ACTS TO CHANGE OR ASSESS THREE RULES Three changes to Council rules were discussed, resulting in agreements to repeal one, to add a new one, and to develop a matrix to infonn a future discussion about possibly changing one. The Council's decisions were: 1. Reached consensus on repealing Rule 14.3. City Attorney Pat Richardson will prepare the official paperwork; the Council will need to fonnally vote to repeal this rule during a future meeting. In repealing this rule, the Council members reiterated their commitment to improve communication between them, and to continue to provide their colleagues a "heads up" about their public statements, either verbal or written, so that no Council member is surprised by positions or statements of herlhis colleagues. Mayor McColgan urged the Council members to increase the infonnal communications between them, and they stated their intent to do so. 2. Agreed to add a new rule pertaining to their annual strategic planning retreats. The rule will set the time for future Council retreats-the last week of January-and their duration-one- and-a-half to two-day sessions. City Attorney Pat Richardson will draft the language for the Council members to review. The intent of the new rule is reduce confusion and surprises, and to guarantee full attendance at the retreats by Council members and the City Manager's senior leadership team. The Council also expressed interest in conducting a mid-year meeting to assess progress in achieving its direction, priorities and goals. 3. Directed the City Manager's office to produce a matrix illustrating how other cities in the region handle the issue of succession to the positions of Mayor and Vice Mayor. Which cities currently select their Mayor as Federal Way does now, with a vote of the Council electing one of its members to each of these two positions? And which cities use seniority to automatically fill the two positions? What are the reasons for each of these methods of selection? And which cities allow the Mayor to be elected for two or more consecutive two- year tenus? And what are the reasons for this practice? Once the City Manager's office has produced the matrix, it will be provided to the Council for further discussion of the City Council rule governing election of the Mayor and Vice Mayor. 7 COUNCIL DIRECTS ASSESSMENT OF RESOURCES REQUIRED TO CONDUCT COMPREHENSIVE SALARY STUDY At its first session on Saturday, the Council members received from Mary McDougal a summary of the City's current salary structure, and the policy goals it is intended to achieve. As a result of the discussion, the Council members appeared to share these interests: 1) recruit the most talented people to work for the City of Federal Way; 2) pay employees salaries that are competitive with comparable cities in the region; 3) ensure employees are accountable for their perfonnance; 4) use incentives to motivate and acknowledge exceptional perfonnance; and 5) ensure consistency and objectivity in the application of the compensation system. The members directed the City Manager and Human Resources to assess what it would take to conduct a comprehensive salary study, which has not been done since 1991. The assessment should highlight what resources would be needed to conduct such a study, the expected length of time it would take, and how it might be conducted. This assessment will be provided to the Council before it detennines whether or not to proceed, and before any alternatives to the current system are evaluated. Finally, the Council reiterated its commitment to working with the City Manager to establish annual goals by which to objectively evaluate his perfonnance. A 1999 model is available for Council members to review. The Council agreed that a future study session will be held to identify and agree on specific goals and objectives. COUNCIL SUPPORTS Two CHANGES TO BUDGET DEVELOPMENT PROCESS After a comprehensive presentation by Iwen Wang of the City's budget outlook for 2005-06, the Council agreed on two new approaches to developing the budget for that biennium. First, the members supported the City Manager's proposal to develop two alternative budgets if Initiative 860, which would roll back property taxes by 25%, qualifies for the Fall 2004 ballot. That will be known by late July. In the event it qualifies, one proposed budget will assume its passage, while the other proposed budget will assume that it fails at the polls. Second, members agreed that they would like to provide the City Manager's office with "early" input on policies, services and programs before the 2005-06 budget is developed. Council members will receive the 2003-04 budget, including line items, so that they can become even more familiar with the City's expenditures on programs and services. If s!he chooses to, each Council member can then offer ideas about expenditures that the staff will take into consideration as the budget is being developed. NEXT YEAR'S RETREAT The Council members anticipate that their next annual retreat will be on Friday and Saturday, January 28th and 29th, 2005. 8 Exhibit B CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE ADOPTED JANUARY 21,1992 Amended March 17, 1992 May 19, 1992 July 21, 1992 December 15, 1992 April 20, 1993 January 18, 1994 June 7, 1994 September 21,1994 December 6,1994 November 16, 1999 February 19, 2002 February 19,2003 ,2004 OFFICE OF THE CITY CLERK IND EX SECTION NO. TITLE PAGE NO. 1 Authority 4 2 Council Meetings 4 3 Agenda Preparation 8 4 Council Discussion 9 5 Citizen Comment 10 6 Motions 10 7 Ordinances 12 8 Mayor and Deputy Mayor 13 9 Council Relations with City Staff 14 10 Council Meeting Staffing 15 11 Council Member Attendance at Meetings 15 12 Public Hearings 16 13 Media Representation at Council Meetings 17 14 Council Representation 17 15 Confidentiality 18 16 Council Travel & Expenses 19 2 SECTION NO. TITLE PAGE NO. 17 Public Records 26 18 City Manager Evaluation Process 27 19 Mayor/Deputy Mayor Selection Process 28 20 City Advisory Committees 28 21 Council Committees 31 22 Filling City Council Vacancies 32 23 Miscellan eous 36 24 Suspension and Amendment of Rules 36 3 SECTION 1. AUTHORITY 1.1 The Federal Way City Council hereby establishes the following Rules of Procedure ("Rules") for the conduct of Council meetings, proceedings and business. These Rules shall be in effect upon adoption by the Council and until such time as they are amended or new Rules adopted in the manner provided by these Rules. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (1) Re2;ular Meetin2;S Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall. Regular Council meetings will begin at the hour of 7:00 p.m., and will adjourn no later than 10:00 p.m. To continue past this time of adjournment, a majority of the Council must concur. If any Tuesday on which a meeting is scheduled falls on a legal holiday, the meeting shall be held at 7:00 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. (2) Special Meetin2;S A Special meeting is any Council meeting other than a Regular Council meeting. Notice shall be given at least 24 hours in advance specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be scheduled by the Mayor, City Manager or at the request of a majority of the Council Members. (3) Study Sessions Council's Study Sessions will be held, when needed, as follows: Study sessions may be called by the Mayor, City Manager or by two (2) or more Council Members. 4 (4) (5) Study Sessions will be informal meetings for the purpose of reviewing forthcoming programs, receiving progress reports on current programs or projects, or receiving other similar information. The Mayor and City Manager will determine on-going dedicated schedules for regular Study Sessions. No final decisions can be made at a Study Session. Decisions on those issues will be scheduled for a Regular or Special Council meeting. Emereencv Meetines An Emergency meeting is a Special Council meeting called without the 24-hour notice. An Emergency meeting deals with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of a 24-hour notice would make notice impractical and increase the likelihood of such injury or damage. Emergency meetings may be called by the City Manager or the Mayor with the consent of a majority of Council Members. The minutes will indicate the reason for the emergency. Executive Session Meetin2:s An Executive Session is a Council meeting that is closed except to the Council, City Manager and authorized staff members and/or consultants authorized by the City Manager. The public is restricted from attendance. Executive sessions may be held during Regular or Special Council meetings and will be announced by the Mayor or the Chair of the Special Council Committee, respectively. Executive session subjects are limited pursuant to Chapter 42 RCW, including considering real property acquisition and sale, public bid contract performance, complaints against public officers and employees, public employment applications and public employee evaluation, elective office appointments and attorney-client discussions. Before convening an Executive session, the Mayor or Chair shall announce the purpose ofthe meeting and the anticipated time when the session will be concluded. Should the session require more time, a public announcement shall be made that the meeting is being extended. (6) Retreats The annual retreat will be scheduled for the last week or weekend of Januarv. Council may request Staff to schedule a mid-year retreat at its discretion. 5 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (1) (2) (3) (4) Call Meetin2 To Order The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member has an excused absence. The Mayor may, with the concurrence ofthe Council Members, take agenda items out of order. Agenda items may be added pursuant to Section 3.3 of these Rules. Pled2e of AIle2iance Council Members and, at times, invited guests lead the flag salute. Proclamations and Presentations A Proclamation is defined as an official announcement made by either the City Council or the Mayor. City Council Proclamations are defined as those non-controversial events which have a major citywide impact. City Council Proclamations shall be publicly read at a City Council meeting and presented to a representative of the event during the Council meeting. Mayor's Proclamations are defined as those non-controversial events which are requested by and for a special interest group within the City. Mayor's Proclamations are signed by the Mayor and forwarded to a representative of the event. The Mayor and City Manager shall determine if the Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. City Manager - Introduction of New City Employees and Emerging Issues Citizen Comment Members ofthe audience may comment on items relating to any matter. Citizen comment sign-ups will be available at each regular council meeting for the use of those citizens wishing to address the Council. 6 (5) (6) (7) (8) Comments are limited to three (3) minutes, except that for a person whose property is the subject of a condemnation ordinance then pending before the City Council, or a person speaking on behalf of a group, comments are limited to five (5) minutes. No speaker may conveyor donate his or her time for speaking to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during any regularly scheduled City Council meeting other than the regularly scheduled Citizen Comment period. These agenda items include, but are not limited to, ordinances, resolutions and Council Business issues. (See also Section 5, "Citizen Comment" of these Rules.) Consent A2enda Consent Agenda items have either been fully considered by a City Council Committee or are considered to be routine and non- controversial and may be approved by one motion. Items on the Consent Agenda include but are not limited to, minutes, resolutions and ordinances discussed at a previous City Council or Committee meetings, bid awards and previously authorized agreements. Any Council Member may remove any item from the Consent Agenda for separate discussion and action. Public Hearin2s See Section 12 ofthese Rules for discussion of public hearing procedure. Council Business Council Business items are usually those items other than resolutions and ordinances requiring Council action. Introduction and First Readin2 of Ordinances Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance at this time or at any time prior to adoption, direct staff to further review the ordinance, or approve placing the ordinance on the Consent Agenda at an upcoming Regular Council meeting for enactment as an enforceable City law. 7 (9) Council Reports The Council Members may report on significant activities since the last meeting. (10) City Mana2er Report The City Manager and staff update the Council Members on current issues or items of Council interest. (11) Adjournment With no further business to come before the Council, the Mayor adjourns the meeting. 2.3 MEETING MINUTES The City Clerk will keep an account of all proceedings of the Council in accordance with the statutory requirements, and proceedings will be entered into a minute book constituting the official record of the Council. City Council meeting minutes will not be revised without a majority affirmative vote of the Council at a regularly scheduled Council meeting. 2.4 COUNCIL MEMBER SEATING A City Council Member's seat at the dais will be determined as follows: (1) The Mayor shall sit in Chair #4, the center seat at the dais, and the Deputy Mayor shall sit to the Mayor's right, in Chair #3; and (2) The remaining Council Members will be seated north to south by position #1 through #7, as consecutively as possible. SECTION 3. AGENDA PREP ARA TION 3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and place of the meeting, and setting forth a brief general description of each item to be considered by the Council. The agenda is subject to approval by the Mayor and the City Manager. 3.2 An item may be placed on a Council meeting agenda by any of the following methods: 8 (1) (2) (3) (4) (5) (6) A majority vote of the Council; Council consensus; By any two (2) Council Members; By the City Manager; By a Council Committee; or By the Mayor. A draft agenda will be provided to all City Council Members who shall have approximately 48 hours to review prior to publication. 3.3 An item may be placed on a regular Council meeting agenda after the agenda is closed and the notice published if the Council Member or City Manager explains the necessity and receives a majority vote of the Council at a public meeting. 3.4 The City Clerk will endeavor to schedule sufficient time between public hearings and other scheduled items, so the public is not kept unduly waiting, and so the Council will have sufficient time to hear testimony and to deliberate matters among themselves. 3.5 Legally required and advertised public hearings will have a higher priority over other time-scheduled agenda items which have been scheduled for convenience rather than for statutory or other legal reasons. 3.6 Agendas will be finalized by Wednesday, noon - approximately one (1) week prior to the Council meeting. Agenda materials will be available, at City Hall, for the Council, City staff, media and public on the Friday before the meeting. 3.7 All agenda items packet reports will be in the format provided by the City Clerk's Office. 3.8 The Council may use the agenda item cover sheet "Recommendation Statement" language for making a motion. SECTION 4. COUNCIL DISCUSSION 4.1 All Council discussion shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED. 9 SECTION 5. CITIZEN COMMENT 5.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. No speaker may conveyor donate his or her time for speaking to another speaker. All remarks will be addressed to the Council as a whole, and not to individual City staff members. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be requested to leave the meeting. 5.2 The Mayor has the authority to preserve order at all meetings ofthe Council, to cause the removal of any person from any meeting for disorderly conduct and to enforce these Rules. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to restore order at any meeting. 5.3 Citizens with complaints, concerns or questions, will be encouraged to refer the matter to the City Manager, or ask that the matter be placed on a future City Council meeting, or Council Committee agenda with the appropriate background information. Any citizen who voices a concern or complaint at a City Council meeting which involves a potential violation of the City's Code of Ethics shall be advised by the Council, or City Management staff, of the existence of the City's Board of Ethics, and of the procedures for requesting Ethics Board opinions and/or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion does not receive a second, it dies. Motions that do not need a second include: Nominations, withdrawal of motion, agenda order, request for a roll call vote, and point of order. 6.2 A motion that receives a tie vote is deemed to have failed. 6.3 When making motions, be clear and concise and not include arguments for the motion within the motion. 6.4 After a motion and second, the Mayor will indicate the names of the Council Members making the motion and second. 6.5 After a motion has been made and seconded, the Council may discuss their opinions on the issue prior to the vote. No further citizen comments may be 10 heard when there is a motion and a second on the floor, unless allowed by the Mayor. After a motion has been made and seconded, the Council may ask questions of staff and/or discuss their opinions on the issue prior to the vote. No further citizen comments may be heard when there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council concurs or agrees to an item that does not require a formal motion, the Mayor will summarize the agreement at the conclusion of the discussion. 6.7 A motion may be withdrawn by the maker of the motion, at any time, without the consent of the Council. 6.8 A motion to table is undebatable and shall preclude all amendments or debates of the issue under consideration. If the motion to table prevails, the matter may be "taken from the table" only by adding it to the agenda of a future Regular or Special meeting at which time discussion will continue; and if an item is tabled, it cannot be reconsidered at the same meeting. 6.9 A motion to postpone to a certain time is debatable as to the reason for the postponement but not to the subject matter of the motion; is amendable; and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. 6.10 A motion to postpone indefinitely is debatable as to the reason for the postponement as well as to the subject matter of the motion; is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 6.11 A motion to call for the question shall close debate on the main motion and is undebatable. This motion must receive a second and fails without a two-thirds' (2/3) vote; debate is reopened if the motion fails. 6.12 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. Motions that cannot be amended include: Motion to adjourn, agenda order, lay on the table, roll call vote, point of order, reconsideration and take from the table. A motion to amend an amendment is not in order. 11 6.13 Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor will announce the results of the vote. 6.16 When a question has been decided, any Council Member who voted in the majority may move for a reconsideration, but no motion for reconsideration of a vote shall be made after the meeting has adjourned. 6.17 The City Attorney shall decide all questions of interpretations of these Rules and other questions of a parliamentary nature which may arise at a Council meeting. (See also Section 4 ofthese Rules.) All cases not provided for in these Rules shall be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules shall prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non- unanimous votes, or if requested by a Council Member, or as required by law. The purpose of roll call votes is to assist the City Clerk in recording the vote and to communicate to the viewing public during televised City Council meetings the outcome of the vote. The official meeting minutes will always reflect roll call votes on each action item. 6.19 The Presiding Officer's decision on a point of order may be appealed. If seconded, the appeal may be voted on by the Council. An appeal may not be amended, is not debatable when it relates to indecorum, transgressions of the rules of speaking, the priority of business, or if the appeal is made while the previous question remains pending. In the event of a tie vote, the decision of the Presiding Officer stands. An appeal is not in order when another appeal is pending. SECTION 7. ORDINANCES 7.1 All ordinances shall be prepared or reviewed by the City Attorney. No ordinance shall be prepared for presentation to the Council, unless requested by a majority of the Council, or requested by the City Manager or City Attorney. 7.2 Ordinances will be introduced and enacted by a Council Bill Number. After enactment, the City Clerk shall assign a permanent ordinance number. 12 7.3 The City Clerk or designee shall read the title of the ordinance prior to voting unless the ordinance is on the Consent Agenda. Upon enactment of the ordinance, the City Clerk shall obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk shall obtain the signature of the Mayor. After the Mayor's signature, the City Clerk shall sign the ordinance. 7.4 7.5 Ordinances, or ordinance summaries, shall be published in the official newspaper, as a legal publication, immediately following enactment. 7.6 Ordinances become effective thirty (30) days after the passage ofthe ordinance unless otherwise specified. SECTION 8. 8.1 MAYOR AND DEPUTY MAYOR The Presiding Officer at all meetings of the Council shall be the Mayor, and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent, the Council Members present shall elect one of its members to serve as Presiding Officer until the return of the Mayor or Deputy Mayor. 8.2 The Presiding Officer shall: (1) (2) (3) (4) (5) Preserve order and decorum in the Council chambers; Observe and enforce these Rules; Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; Recognize Council Members in the order in which they request the floor. The Presiding Officer, as a Council Member, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members; and From time to time, appoint Council Members to serve on City Council and ad hoc committees. 13 SECTION 9. COUNCIL ST AFF RELA TIONS WITH CITY 9.1 There will be mutual respect from both City staff and Council Members oftheir respective roles and responsibilities when, and if, expressing criticism in a public meeting. 9.2 City staff will acknowledge the Council as policy makers, and the Council Members will acknowledge City staff as administering the Council's policies. 9.3 All written informational material requested by individual Council Members shall be submitted by City staff, after approval of the City Manager, to all Council Members with a notation indicating which Council Member requested the information. 9.4 Council Members shall not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. 9.5 The Council shall not attempt to change or interfere with the operating rules and practices of any City department. 9.6 Mail that is addressed to the Mayor and Council Members shall be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 9.7 The City Clerk shall not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member shall direct the City Manager to initiate any action or prepare any report that is significant in nature, or initiate any significant project or study without the consent of a majority of the Council. New initiatives having policy implementation shall be directed to a Council Committee for consideration. 9.9 Individual requests for information can be made directly to the Department Director unless otherwise determined by the City Manager. If the request would create a change in work assignments or City staffing levels, the request must be made through the City Manager. 14 9.10 To provide staffthe necessary preparation time, Council Members will provide staff advance notice of any questions or concerns they may have regarding an agenda item prior to a public meeting, if possible. SECTION 10. COUNCIL MEETING STAFFING 10.1 The City Manager shall attend all regular meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in the discussions of the Council, but shall have no vote. When the City Manager has an excused absence, the designated Acting City Manager shall attend the meeting. 10.2 The City Attorney shall attend all meetings of the Council unless excused, and shall, upon request, give an opinion, either written or oral, on legal questions. The City Attorney shall act as the Council's parliamentarian. The Deputy or Assistant City Attorney shall attend meetings when the City Attorney has been excused. 10.3 The City Clerk, or designee, shall attend Regular meetings of the Council, keep the official journal (minutes), and perform such other duties as may be needed for the orderly conduct of the meeting. SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (1) Death of immediate family member "Immediate family members" are defined as: spouse, child, parents, siblings, grandparents, father and mother-in-law, or daughter and son- in-law. (2) Illness Illness of a Council member or of an immediate family member, as defined above, requiring the member to personally attend and care for 15 the immediate family member provided that the illness does not necessitate an absence longer than six (6) months. (3) Three nonconsecutive absences Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Section 11.3. (4) Absences for Council Business A Council member who is absent because of other commitments representing Councilor because of circumstances beyond the Council member's control, which include but are not limited to traffic, weather, accident. 11.2 VACANCY OF OFFICE A Council position shall become vacant upon three (3) consecutive unexcused absences or more than three (3) nonconsecutive absences as defined in Section 11.1(3). (RCW 35A.12.060) 11.3 Council Members will inform the Mayor, the City Manager or City Clerk ifthey are unable to attend any Council meeting, or if they knowingly will be late to any meeting. The minutes will show the Council Member as having an excused absence. . SECTION 12. PUBLI C HEARINGS 12.1 TYPES There are two types of public hearings: legislative and quasi-judicial. The Mayor will state the public hearing procedures before each public hearing. Citizens may comment on public hearing items. 12.2 LEGISLATIVE PUBLIC HEARINGS The purpose of a legislative public hearing is to obtain public input on legislative decisions on matters of policy, including without limitation, review by the City Council of its comprehensive land use plan or the biennial budget. 16 12.3 QUASI-JUDICIAL PUBLIC HEARINGS The purpose of a quasi-judicial public hearing is to decide issues including the right of specific parties and include, without limitation, certain land use matters such as site specific rezones, preliminary plats, and variances. The City Council's decision on a quasi-judicial matter must be based upon and supported by the "record" in the matter. The "record" consists of all testimony or comment presented at the hearing and all documents and exhibits that have been submitted. In quasi-judicial hearings, Council Members shall comply with all applicable laws including without limitation the appearance offairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. Council members should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Council member or a Council member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, each Council member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council member should disclose the facts to the City Manager who will seek the opinion of the City Attorney, which will be communicated to the Council member and the Mayor. SECTION 13. MEDIA REPRESENTATION AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Council Committees, and Council advisory committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct ofthe meeting. Seating space shall be provided for the media at each public meeting. SECTION 14. COUNCIL REPRESENTATION 14.1 If a Council Member appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, the Council Member shall state the majority position of 17 the Council, if known, on such issue. Personal opinions and comments which differ from the Council majority may be expressed if the Council Member clarifies that these statements do not represent the Council's position. 14.2 Council Members need to have other Council Members' concurrence before representing (1) another Council Member's view or position, or (2) the majority of Council's view or position with the media, another governmental agency or community organization. 14.3 As a matter of courte;y, letters to the editor, interviews or other communication by.-a--CO-l:Hteil-member-Hf-a-~ontFo-v-er-sial-nat-ffi~,--wh'¡eh-do--uot--e-xpress-tke majority opinion of tile Council, should be presented to the full Council prior to publieati.on-s-o-t.h.at.-th-e--GHuool-mem be .'S may-b-e-made-awa-Fe-(}f-th-e-impending publication. SECTION 15. CONFIDENTIALITY 15.1 Council Members shall keep confidential all written materials and verbal information, including but not limited to the topic(s) and/or the substance, provided to them during Executive Sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Council Members outside of Executive Sessions when the information is considered to be exempt from disclosure under exemptions set forth in the Revised Code of Washington (RCW 42.23.070(3». 15.2 Uthe Council, in Executive session, has provided direction or consensus to City staff on proposed terms and conditions for any type of issue, all contact with the other party should be done by the designated City staff representative handling the issue. Council Members should obtain the permission oCthe City Manager prior to discussing the information with anyone other than other Council Members, the City Attorney or City staff designated by the City Manager. Any Council Member having any contact or discussion needs to make full disclosure to the City Manager and/or the City Council in a timely manner. 15.3 Council member believes that a topic or discussion in Executive Session is improper, the Council member may refuse to participate and leave the Executive Session and say nothing outside of the Executive Session. 18 SECTION 16. COUNCIL TRAVEL AND EXPENSES 16.1 PURPOSE AND ADMINISTRATION The objectives of this policy are to provide elected officials who incur authorized travel, subsistence, registration and related expenses while on city business, reasonable and timely mechanisms for the reimbursement and/or the advancement of such necessary expenditures. It is also recognized that City payment for business related food and beverage for non-travel purposes will be incurred by the City Council wherein reimbursement will be provided. This policy statement also serves to provide guidelines by which to determine whether or not expenditures by the City Council may be reimbursable to the Council Member, and by which to determine refreshments and related costs served or made available at meetings involving volunteers and other quasi-employees are legitimate City expenditures. Claimants have the responsibility for becoming knowledgeable about authorized expenditures and the documentation requirements. Care must be taken to avoid unnecessary or excessive expenditures, and those not directly and reasonably related to the conduct of City business. 16.2 DOCUMENTATION Except for per diem allowances, no claim for reimbursement shall be paid unless it is accompanied by a bona fide vendor's receipt. Such receipts should show the date, a description ofthe purchase, vendor identification and amount paid. 16.3 CLAIMS Claims for reimbursement shall contain the following: (1) The name of the person who consumed the goods or used the service for which reimbursement is requested, whether it be for meals, lodging, transportation or any other purpose; and (2) A description ofthe event, occasion or circumstances related to the claim and the public policy or public purpose served. 19 16.4 MEALS Meal costs must be incurred directly by the claimant; direct billing to the City by a restaurant is prohibited except by way of an authorized City credit card. Payment for table service at a restaurant, commonly referred to as a tip, not to exceed fifteen percent (15%) ofthe restaurant price ofthe meal, is reimbursable as a reasonable and necessary cost for such service. 16.5 PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS The reasonable cost of necessary meals while conducting City business is authorized for reimbursement. All City officials claiming reimbursement for meals consumed while on City business shall be entitled to reimbursement not to exceed the Renzheimer MeaVLodging Index. Notwithstanding the foregoing index, actual meal costs may be claimed when they are part of a regularly scheduled business event such as training seminar, professional meeting, or other business meeting. If the costs of meals for persons other than the claimant are included, those persons must be entitled to meal reimbursement in their own right and they shall be listed by name and title in claim documentation. 16.6 EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS Unauthorized expenditures include, but are not limited to: (1) Liquor. (2) Expenses of a spouse or other persons not authorized to receive reimbursement under this policy. 16.7 TRAVEL Reimbursement for reasonable costs of business travel is authorized. General guidelines are as follows. 16.8 CITY VEHICLE 20 16.9 16.10 16.11 Out-of-the-area costs of vehicle operation are authorized, such as gas, oil, tires and necessary repairs. PERSONAL VEHICLE Expenses shall be reimbursed for travel within a 300 mile radius of the City at such rate per mile as shall be established from time to time by the City Manager in his/her discretion, but not to exceed the then current maximum rate allowed by the United States Internal Revenue Service for reimbursement of such expenses for purposes of business travel expense deductions. Trips beyond this limit will be reimbursed at the lower of a) the established rate per mile, or b) the lowest available (other than non-refundable) airfare obtainable by the City's Purchasing Manager plus mileage reimbursement at the then current City rate, based upon the estimated distance between the airport and the destination. Incidental travel costs such as parking, ferry or bridge tolls are reimbursable as they would be if a City vehicle was provided. RENT AL VEHICLE The cost of vehicle rental is considered an exception to this policy and must be approved in writing per Section 4A (Meal Reimbursement for Non-City Officials). Vehicle rental authorization must be separately set out in any request for approval of such expenses. Approval of vehicle rental as an item on a travel advance request will not be considered sufficient authorization without a separate statement presenting the reason such an expenditure is required. AIR TRA VEL Arrangement for air travel on City related business shall be arranged by the Purchasing staff of the Finance Department or as otherwise designated by the City Manager as outlined below: (1) Whenever feasible, the need for air travel arrangements should be provided by way of the normal requisition process at least 5 weeks in advance of the departure date. (2) The authorized procurer will arrange for air travel based on the lowest available (other than non-refundable) airfare for a regularly scheduled flight which reasonably accommodates the time oftravel requested, and the destination as specified by the requisitioning department. (3) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. 21 16.12 16.13 16.14 (4) If personal travel is combined with business related travel, the traveling Council Member shall be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City shall only pay the lowest available (other than non-refundable) airfare for the round trip between the Seattle/Tacoma airport and the business related destination. Such payment for a personal travel shall accompany the City's payment to the vendor for the tickets. (5) If changes in travel plans occur that are the result of City business requirements, (i.e. delays in departure, cancellations, extended stays, or revised itinerary) any associated costs shall be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (6) Officials who obtain airline tickets on their own will be reimbursed based on the lower of: a) Actual out-of-pocket cost paid for the airline tickets or alternate means oftransportation (substantiated by a receipt); or b) the lowest (other than non-refundable) airfare available for their time of travel, unless an exception is granted in writing by the City Council. In this case, the official must pay the cost ofthe travel and seek reimbursement along with all other travel expenses. Direct billing of airfare to the City is allowed only if ordered by the Purchasing Staff, as may be authorized by the City Manager. FIRST CLASS AIR TRAVEL First class air travel is not authorized. OTHER TRAVEL EXPENSES Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry, porter, bellman and the like (not including any maid service) are authorized by a listing of same as provided by the reimbursement form. Payment of a reasonable amount for porter service, bellman service and the like is considered to be a necessary payment for such service and, therefore, reimbursable. VENDOR'S RECEIPT A vendor's receipt will be required only when the single item cost of this type expense exceeds $10.00. Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash system, subject to the Petty Cash Guidelines. 22 16.15 16.16 16.17 16.18 16.19 OUT-OF-STATE OR OVERNIGHT TRAVEL To be eligible for any City reimbursement for out of state and/or overnight travel expense, the one way travel distance must be greater than 50 miles from City or home. ACCOMMODATIONS Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed at a maximum of the single room rate. A vendor's receipt for this category is required for all claims. Direct billing of hotel/motel charges is not allowed unless by way of an authorized City credit card. IN CID ENTAL EXPENSES Includes all reasonable and necessary incidental expenses and includes, but is not limited to, the following. ALLOWABLE INCIDENTAL EXPENSES Laundry expenses if away from home four (4) or more calendar days. Baggage checking. Business telephone and postage expenses. Personal telephone calls home, if away from home for more than a 24 hour duration, are considered a business telephone expense. NON-ALLOWABLE INCIDENTAL EXPENSES Personal entertainment. Theft, loss or damage to personal property. Expenses of a spouse, family or other persons not authorized to receive reimbursement under this policy Barber or beauty parlor services. Airline and other trip insurance. 23 16.20 16.21 16.22 Personal postage, reading material, telephone calls. Personal toiletry articles. NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subject to the followin2: (1) Meals consumed by the City official during meetings and other functions which conduct official City business or serve to benefit the City of Federal Way are reimbursable to the official. (2) Generally, the City will not incur costs for refreshments, and other related items, for meetings or functions held in the normal course of business or that are attended solely by City officials. However, such meetings or functions wherein a municipal function, public purpose, or City program is served or furthered, and wherein the City Council has expressly approved the meeting as such, the City may incur such costs directly or as a reimbursement to employees who have incurred such costs on behalf of the City. (3) Refreshments purchased solely for personal entertainment are not a legitimate City expense. CEREMONIES AND CELEBRATIONS (1) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling that is recognized as serving a public purpose are legitimate City expenditures. (2) Private celebrations rather than public celebrations are not generally considered as serving a public purpose. Refreshment, food and beverage related costs would therefore not be recognized as legitimate City expense. (3) Support of a local" event" or celebration may not take the form of a gratuitous contribution of public funds to a private person, committee or organization. Expenditure of public funds on a publicly sponsored event requires the existence of a recognizable public purpose that relates to the City's existence, proper authorization from the legislative authority for such public sponsorship, and a reasonable relationship between the amount of the City's expenditure and the "public" nature of the event. MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS 24 16.23 16.24 16.25 16.26 16.27 16.28 Council Member claims for the reimbursement of meal costs for non-city employees and non-city officials shall be documented by a memo authorized by the Mayor or, in the Mayor's absence, the Deputy Mayor. The memo must identify: (1) The names of the individual or individuals being hosted; (2) Their official title or capacity as it related to City business; (3) The explanation of why this expenditure was an appropriate use of City funds. CLAIMS AND APPROV AL PROCEDURE All claims shall be submitted for reimbursement using the form provided by the City Finance Department. Travel and subsistence expenses except for incidental and minor costs will not be paid from any Petty Cash Fund, unless as in compliance with petty cash policy adopted by the City. Special approvals required by this policy shall be obtained by Council Members, from the Mayor, or in his/her absence, by the Deputy Mayor. Such approvals shall be by separate memo which identifies the policy exception being authorized and explains the reasons therefor. Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. Claims of Council Members must be approved by the Mayor or in his/her absence the Deputy Mayor. Exceptions to the expense rules for unusual circumstances may be approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. In preparation of the City's annual operating budget, Council Member travel and training expenses shall be anticipated and included in budget appropriations. Attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities, shall be addressed at the time of budget adoption to reflect the number of Council Members who will attend to represent the City. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members, and that are not anticipated at the time of budget adoption, must be submitted to the Council for 25 approval. The request must be presented to the Council in a timely manner prior to the event to permit an opportunity for the Council to review and approve or deny the request based on its merit, to allow all Council Members opportunity to discuss the appropriate Council attendance. The request shall include: (a) Name of organization sponsoring meeting, (b) Why attendance is requested; benefits to the City, (c) Council Member(s) to attend, (d) Location, (e) Attendance dates, and (I) Estimated cost to the City. 16.29 A report, oral and/or written as appropriate, shall be made to the Council at a meeting no later than two (2) weeks following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports shall be maintained by the City Clerk. The Mayor shall make an annual State of the City report during a regularly scheduled City Council meeting; a written report shall be made available to the public at the time of the meeting. The City Manager shall provide an Executive Summary following each City Council retreat; a written report shall be made available to the public the first working day following the retreat. SECTION 17. PUBLIC RECORDS 17.1 Public records created or received by the Mayor or any Council Member should be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.17 RCW. Public records that are duplicates ofthose received by, or in the possession ofthe City, are not required to be retained. Questions about whether or not a document is a public record or if it is required to be retained should be referred to the City Attorney. 17.2 Electronic mail communications that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. E-mail communications that are intended to be shared among four or more Council members, whether concurrently or serially, must be considered in light of the Open Public Meetings Act. If the intended purpose of the e-mail is to have a discussion that should be held at an open meeting, the electronic 26 discussion should not occur. Further, the use of e-mail communication to form a collective decision of the Council violates the Open Public Meetings Act. SECTION 18. CITY MANAGER EVALUATION PROCESS 18.1 The Mayor, Council Members and City Manager will determine the evaluation criteria and format for the process. 18.2 After the criteria have been developed, the Council Members need to concur on when the completed evaluation forms are due and who will collect these documents. 18.3 Council Members need to discuss and decide if the Mayor and one (1) or more Council Members should meet prior to the actual evaluation; this meeting would allow time to summarize the comments; also, this sub-committee (ofless than a quorum) could determine recommendations for the City Manager's employment contract amendments, including, but not limited to, salary, performance payment, cost-of-living increase; the sub-committee can make a recommendation to the entire Council at the time of the evaluation. 18.4 Copies of the City Manager's current employment contract shall be made available to the entire Council. 18.5 At the evaluation session, the summary comments may be given, as well as individual comments by Council Members; the City Manager may wish to respond which is usually at the conclusion of the Council comments; the City Manager's contract should be discussed and any recommendations may be concurred to by the Council. 18.6 The evaluation is held in Executive session. Attendance is limited to the Mayor, Council Members, City Manager and City Attorney. 18.7 The final step of the City Manager evaluation process is to have the City Attorney prepare amendments, if any, to the City Manager's employment contract. This contract needs to be approved as a Consent Agenda item at a Council meeting. 18.8 The Mayor shall prepare a press release no later than the next working day following the Executive Session regarding the results of the evaluation. 27 SECTION 19. MA YORIDEPUTY MAYOR SELECTION PROCESS 19.1 The Mayor and the Deputy Mayor shall be nominated and elected from the ranks of the sitting Council Members. 19.2 The Mayor and Deputy Mayor shall be elected for two (2) year terms at the first Regular City Council meeting in January ofthe applicable year, by a majority vote of the City Council in accordance with RCW 35A.13.030 and .035. 19.3 The City Clerk or designee shall conduct the election for Mayor. The Mayor shall then conduct the election for the Deputy Mayor. (See Appendix "A" to these Rules.) SECTION 20. CITY ADVISORY COMMITTEES 20.1 Federal Way's commissions, committe'es and task forces provide an invaluable service to the City. Their advice on a wide variety of subjects aids the Mayor and Council Members in the decision-making process. Effective citizen participation is an invaluable tool for local government. 20.2 These advisory bodies originate from different sources. Some are established by ordinance while others are established by motion ofthe City Council. It is at the discretion of the Council as to whether or not any advisory body should be established by ordinance. 20.3 Federal Way advisory bodies bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but not compete for public office can be involved in governmental commissions, committees and task forces. These bodies also serve as a training ground or stepping stone for qualified persons who are interested in seeking public office. 20.4 As Federal Way advisory bodies have been formed since incorporation, the adoption of uniform rules of procedure is necessary to assure maximum productivity. The following policies govern the City's advisory groups; some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, the Federal Way City Code, or at times by state law. 28 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 Every advisory body, when it is formed, will have a specific statement of purpose and function, which will be re-examined periodically by the City Council to determine its effectiveness. This statement of purpose is made available to all citizen members when they are appointed. The size of each advisory group is determined by the City Council and the size is related to its duties and responsibilities. Another determination to be made prior to formation, is the cost impact for City staffing a proposed advisory body. The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members during a regularly scheduled meeting. The Council Committee of the Whole shall be convened to review, interview and recommend Citizen Advisory Committee appointments to the City Council. Any Council Member who shall attend the public interview session shall be eligible to vote on the recommendation to be made to the full Council. A quorum of three (3) Council Members shall be required to forward any recommendation to the full Council. The full City Council shall vote on the appointments to the Citizen Advisory Committee at a regularly scheduled Council meeting. The City Council may approve reappointment of citizens wishing second terms subject to any limits established by ordinance or other laws. Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval ofthe appointment. Vacancies are advertised so that any interested citizen may submit an application. Applicants must be citizens ofthe City of Federal Way if required by the Federal Way City Code or if required by the City Council. Council Members are encouraged to solicit applications from qualified citizens. Applications shall be available from the Office of the City Clerk. Lengths of terms vary from one advisory body to another, but in all cases overlapping terms are intended. On special work task forces, where a specific project is the purpose, there need not be terms of office. Newly appointed members will receive a briefing by the commission, committee or task force chairperson and/or City staff, regarding duties and responsibilities of the members of the advisory body. This will include a review of the City of Federal Way Ethics Code. Each newly-appointed member will receive an 29 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 information packet which will include a Certificate of Appointment signed by the City Council, a commission, committee or task force membership list, responsible City staff member, statement of purpose for the advisory body which may include an ordinance, resolution, bylaws, or annual work program and a copy of the City of Federal Way Ethics Code. All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. All meetings of advisory bodies are open to the public in accordance with the public meeting laws ofthe State of Washington which requires a minimum 24- hour advance notice; no advisory committee will schedule a meeting earlier than 7:00 a.m. The number of meetings related to business needs of the advisory group may be set by the individual body, unless set forth in a resolution or ordinance. Notice of all meetings, including date, time, place and principal subjects to be discussed will be published in accordance with the public meetings laws of the State of Washington and the policies of the City of Federal Way. The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. Minutes will be kept of all meetings in accordance with the public meeting laws ofthe State of Washington. The appropriate City support staff will be responsible for preparation of the minutes of each advisory committee meeting. Excessive absenteeism, excluding illness or required travel, is cause for the removal of an advisory body member. Three (3) consecutive absences will be considered resignation from the body unless prior to the third absence, the member has requested, and been granted, an excused absence. The advisory body granting the excused absence will determine the validity of the request. Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory committee, prior to the expiration of their term of office, by a majority vote of the City Council. A quorum for conducting business is a simple majority ofthe membership ofthe advisory body. 30 20.23 20.24 20.25 20.26 20.27 20.28 All members of advisory bodies should be aware of the need to avoid any instance of conflict of interest. No individual should use an official position to gain a personal advantage. Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the City Manager's office. In the event a position is taken that differs from that of the City's policy, an advisory body acting as an official body of the City of Federal Way, cannot represent that position before another body, i.e., the State Legislature or the King County Council. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that he or she is not speaking as a representative of the City of Federal Way, or as a member of his or her commission, committee or task force. Members of advisory bodies are encouraged to attend City Council meetings to keep abreast of Council actions. The City Council transmits referrals for information or action through the City Manager to the advisory groups. These advisory groups transmit findings, reports, etc., to the City Council through the City Manager. While the City stafrs role is one of assisting the commission, committee or task force, the City staff members are not employees of that body. The City staff members are directly responsible to his or her Department Director and the City Manager. Annually, each advisory committee shall develop a work program for the City Council's consideration and approval. The City Council may amend the committee's work program. SECTION 21. COUNCIL COMMITTEES 21.1 Council committees are policy review and discussion arms of the Council. Committees may study issues and develop recommendations for consideration by the Council. Committees may not take binding action on behalf of the City unless a quorum of the City Council is present, the Council Committee has been advertised as a Special Meeting of the Whole City Council and, by majority vote, the City Council has directed that such action occur at the Council Committee. Council Committee structure shall be as determined by the City Council in January of each year. The 1999 committees are as follows: 31 FINANCE/ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE LAND USE/TRANSPORTATION COMMITTEE PARKS/RECREATION/HUMAN SERVICES & PUBLIC SAFETY CO MMITTEE 21.2 Committees shall establish regular meeting schedules as determined by the Chair of the Committee in consultation with the Committee members. 21.3 Each committee will have staff support assigned by the City Manager. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 21.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council Members. These summaries will be in lieu of verbal reports at Council meetings. 21.5 The City Manager or Mayor may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 21.6 Committee appointments (chairs and members) shall be made by the Mayor. The Mayor will take into account the interests and requests of individual Council Members in making committee assignments. 21.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 21.8 The Mayor shall be an "ex officio" member of each committee. The Deputy Mayor may serve as "ex officio" or be appointed to a committee. 21.9 The Mayor will make committee assignments each January, with members serving one (1) year terms. The Mayor has the discretion to appoint or remove Committee members at any time. SECTION 22. FILLING CITY COUNCIL VACANCIES 22.1 PURPOSE The purpose of this section is to provide guidance to the City Council when a Federal Way Council Member position becomes vacant before the expiration of 32 the official's elected term of office. Pursuant to state law, a vacancy shall be filled only until the next regular municipal election, to serve the remainder of the unexpired term. 22.2 REFERENCES RCW 42.30.11 O(h) - Executive Session Allowed to Consider Qualifications of a Candidate for Appointment to Elective Office. RCW 42.30.060 - Prohibition on Secret Ballots. RCW 42.12 - Vacant Position. RCW 35A.13.020 - Vacancies - Filling of Vacancies in Council/Manager Form of Government. 22.3 APPOINTMENT PROCESS (1) (2) (3) (4) A Council position shall be officially declared vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written intent to resign, or death of a Council Member. The Council Member who is vacating his or her position cannot participate in the appointment process. The City Council shall direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The City Clerk's Office shall prepare and submit a display advertisement to the City's official newspaper, with courtesy copies to all other local media outlets, which announces the vacancy consistent with the requirements necessary to hold public office: that the applicant (a) be a registered voter of the City of Federal Way, and (b) have a one (1) year residency in the City of Federal Way. This display advertisement shall be published once each week for two (2) consecutive weeks. This display advertisement shall contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, Council Member powers and duties, the deadline date and time for submitting applications, interview and appointment schedules, and such other information that the City Council deems appropriate. The City Clerk's Office shall prepare an application form which requests appropriate information for City Council consideration of the 33 (5) (6) (7) (8) 22.4 applicants. Applications will be available at City of Federal Way offices, King County libraries located in Federal Way, the Federal Way Chamber of Commerce office, the Federal Way School District administration office and such other locations that the City Council deems appropriate. Copies ofthe display advertisement will be provided to current members of City of Federal Way commissions, committees, task forces and other City-sponsored citizen groups. Applications received by the deadline date and time will be copied and circulated, by the City Clerk's Office, to the Mayor and City Council. Packets may also contain additional information received such as endorsements, letters of reference and other pertinent materials. The City Clerk's Office shall publish the required public notice(s) for the meeting scheduled for interviewing applicants for consideration to the vacant position. This meeting may be a regularly scheduled City Council meeting, or a special City Council meeting. The City Clerk's Office shall notify applicants of the location, date and time of City Council interviews. Prior to the date and time of the interview meeting, the Mayor shall accept one interview question from each Council Member. INTERVIEW MEETING Each interview of an applicant/candidate shall be no more than 30 minutes in length as follows: (1) (2) (3) (4) (5) The applicant shall present his or her credentials to the City Council. (10 minutes) The City Council shall ask the predetermined set of questions which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions, and will have 2 minutes to answer each question. (14 minutes) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. The Council may reduce the 30-minute interview time if the number of applicants exceed six (6) candidates, or alternatively, the Council may elect not to interview all of the applicants if the number exceeds six (6) 34 22.5 VOTING candidates. The decision as to which applicants to interview will be based on the information contained in the application forms. Upon completion of the interviews, Council Members may convene into Executive Session to discuss the qualifications of the applicants. However, all interviews, deliberations, nominations and votes taken by the Council shall be in open public session. (1) (2) (3) (4) (5) (6) The Mayor shall ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. Nominations are closed by a motion, second and majority vote of the Council. Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. The Mayor shall poll Council Members to ascertain that Council Members are prepared to vote. The City Clerk shall proceed with a roll-call vote. Elections will continue until a nominee receives a majority vote of the remaining Council members. (7) At anytime during the election process, the City Council may postpone elections until a date certain or regular meeting if a majority vote has not been received. (8) Nothing in this policy shall prevent the City Council from reconvening into Executive Session to further discuss the applicant/candidate qualifications. (9) The Mayor shall declare the nominee receiving the majority vote as the new Council Member and shall be sworn into office by the City Clerk at the earliest opportunity or no later than the next regularly scheduled City Council meeting. (10) If the City Council does not give a majority vote within 90 days of the declared vacancy, the Revised Code of Washington delegates appointment powers to King County. 35 SECTION 23. MISCELLANEO US 23.1 When Council Members register to attend an official conference requiring voting delegates, such as the annual National League of Cities or Association of Washington Cities, the Council shall designate the voting delegate(s) and alternate voting delegate(s) during a public meeting, by a majority vote; when possible, said selection of voting delegate(s) shall be done on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. SECTION 24. SUSPENSION AND AMENDMENT OF RULES 24.1 Any provision of these rules not governed by state law or ordinance, may be temporarily suspended by a two-thirds (2/3) majority vote of the Council. 24.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. K: \DOCU M EN1ìC CR U L ES.2004 02/23/04 36 (1) (2) (3) (4) (5) (6) (7) APPENDIX "A" MA YORJDEPUTY MAYOR ELECTION PROCESS Any Council Member may nominate a candidate; no second is needed. Nominations are closed by a motion, second and 2/3 vote of Council. If only one (1) nomination is made, it is appropriate to make a motion and obtain a second to instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by majority vote of Council Members present. If more than one (1) nomination is made, an open election is conducted by roll call vote. To be elected, the nominee needs a majority vote of the Council. Elections will continue until a Mayor and Deputy Mayor are elected by a majority vote of the Council. The City Clerk shall declare the nominee receiving the majority vote as the new Mayor. The new Mayor shall declare the nominee receiving the majority vote as the new Deputy Mayor. The Clerk shall swear the individuals into office. 37 MEETING DATE: April 6, 2004 ITEM# ::J?L çi- ) .-.-....-.-....-.--...-.-.--..-.-..-.-.....-.....----.--..--....---..----.--.--..----.--...-..---.-.......-..--..-.-----..-.....-..--.---..--.--.........-.......--------..---..---.----.---..--..-.--- -----.-.-----------.-.-.---.-...-.--.--... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Federal Way Farmers Market .---..-...--...--.--.-.-.-.---..---.----......--------....-.- .--.------------.-----..---- .-...------....-..-.-.-.--------------..--......--.--.-- CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION CITY COUNCIL BUSINESS ORDINANCE PUBLIC HEARING OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $21,250 $0 x --.--.-----..-.-.-..---......-...--.......-..----..-.---..--....-..-...-....------.--.-.---....-....--...-..----.-.-.--...-...-..............--........-.------ ---.--..-....... .......-......--..-.-- ..-............-.-...-.....--..-.-.--.----..--.......--.--.------..-...-............-. ATTACHMENTS: Memo to Council Committee and attached draft contract SUMMAR ŸlBAcKGROUNfE".-----------.-..--.-.-..-..---------------.-..--...--.------.--.------.-.--.----.----------------------.- In the Fall of 2003 a group oflocal citizens formulated a plan to create a Farmers Market in Federal Way, starting late Spring 2004. The Federal Way Farmers Market, Inc., approached the City's Lodging Tax Advisory Committee (L T AC) in November with a request for financial assistance with the start-up costs for the Market. At the L TAC's annual retreat, held on 2/20/04, the Farmers Market proponents returned to the Committee with a fully structured proposal and business plan, as well as a new site within the City Center - the Sears western parking lot (adjacent to Pacific Highway). (Please see Memo to FEDRAC 3/19/04 including Exhibit A, Farmers Market proposal, and Exhibit B, Annual Budget and Projected Income Detail.) PROPOSAL The proposed Farmers Market would be held each Saturday from opening day of June 19, 2004 through mid- October, with the expectation that subsequent years the Market would open in May and run through October, for a total of26 weekends. The Market's hours would be 9:00 am to 2:00 pm. Approximately 40 market stalls or booths would be provided, comprised of approximately 28 to 32 farmer vendors (produce, flowers, etc.), 8 food vendors and up to 8 crafts vendors. The Federal Way Farmers Market proponents have employed the consultant services of a member of the Washington State Farmers Market Association (WSFMA) in developing the business plan and vendor distribution. The Federal Way Farmers Market, Inc., proposes that the City provide funding for the 2003 start-up costs, totaling $21,250 and which are detailed in Exhibit A to the 3/19/04 memo to FEDRAC. LTAC RECOMMENDATION After hearing testimony from many supporters of the Farmers Market, the Committee concluded that the proposed Farmers Market should reasonably attract visitors from the greater region, creating a potentially valuable attraction for tourists and visitors. While the Committee members found that this proposal did not specifically meet the criteria for a tourism enhancement grant, they concluded that the Farmers Market would help promote tourism to Federal Way and, therefore, the requested funding would constitute an appropriate use of lodging tax revenues. After reviewing the annual budget and projected annual income figures, the Committee identified a potential gross profit on the order of $55,060. Understanding that these figures are preliminary and are based on other farmers markets' averages, the exact amount of profit may be more or less than that figure. Regardless the Committee concluded that the Farmers Market should likely generate sufficient revenue to be able to replenish all or part of the $21,250 of the lodging tax fund. For this reason, the Committee recommended approval ofthe requested start-up funding, with the condition that the $21,250 be replenished over the next two seasons, ending in October 2005, provided that the Farmer's Market is profitable as projected. Specifically, the Committee recommended that the lodging tax fund be replenished by the end of the 2004 season by an amount equal to the Market's 2004 gross revenues less the projected amount of money necessary to cover the 2005 season's start-up costs. The lodging tax fund is then to be further replenished up to the entire $21,250 by the end of the 2005 season. 'CITY CO UN CIL--COMMìTTEE"'RËCOMMENDATI Ö N: Atlts-March-r9-:-2ÕÕ~f-¡neëtlng':ihe-'FÊD RA c -.-..---.---..--..--- recommended that City Council authorize the City Manager to execute a contract for the expenditure of$21,250 for the start-up costs for the Federal Way Farmers Market, with the condition that the lodging tax fund will be replenished by the end of the 2004 season by an amount equal to the 2004 gross revenues less the projected amount of money necessary to cover the 2005 season's start-up costs. The lodging tax fund will then be further replenished up to the entire $21,250 by the end of the 2005 season. "-"----"""'---"'-""---""""'-'-""....--....-....."---"-"---'-----...-.---'---" . ---..---.--..-.----.---.---.-.-.--.----..--.--..-.-......-.-'-----""""'-"'--'---"-....-....--. PROPOSED MOTION: "I move to approve the proposed contract with Federal Way Farmers Market, Inc., for the expenditure of$21,250 for the start-up costs for the Federal Way Farmers Market, with the condition that the lodging tax fund will be replenished by the end of the 2004 season by an amount equal to the 2004 gross revenues less the projected amount of money necessary to cover the 2005 season's start-up costs. The lodging tax fund will then be further replenished up to the entire $21,250 by the end of the 2005 season." ~...__. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ------.. COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 04/28/2003 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: March 19,2004 Finance, Economic Developmen~ ~:gion~ffairs Committee David H. Mosmity Manage4(j \J 'J - ~ Patrick Dohe~uty Director, Community Development Services Federal Way Farmers Marketfunding request Subject: BACKGROUND In the Fall of2003 a group oflocal citizens formulated a plan to create a Farmers Market in Federal Way, starting late Spring 2004. The Federal Way Farmers Market, Inc., approached the City's Lodging Tax Advisory Committee (LTAC) in November with a request for financial assistance with the start-up costs for the Market, At the LTAC's annual retreat, held on 2/20/04, the Farmers Market proponents returned to the Committee with a fully structured proposal and business plan, as well as a new site within the City Center - the Sears western parking lot (adjacent to Pacific Highway). (Please see Exhibit A, Farmers Market proposal, and Exhibit B, Annual Budget and Projected Income Detail.) PROPOSAL The proposed Farmers Market would be held each Saturday from opening day of June 19, 2004 through mid-October, with the expectation that subsequent years the Market would open in May, for a total of26 weekends. The Market's hours would be 9:00 am to 2:00 pm. Approximately 40 market stalls or booths would be provided, comprised of approximately 28 to 32 farmer vendors (produce, flowers, etc.), 8 food vendors and up to 8 crafts vendors. The Federal Way Farmers Market proponents have employed the consultant services of a member of the Washington State Farmers Market Association (WSFMA) in developing the business plan and vendor distribution. The Federal Way Farmers Market, Inc., proposes that the City provide funding for the 2003 start-up costs, which are detailed in Exhibit A, totaling $21,250. L T AC RECOMMENDATION After hearing testimony from many supporters of the Farmers Market, the Committee concluded that the proposed Farmers Market should reasonably attract visitors from the greater region, creating a potentially valuable attraction for tourists and visitors. While It Memo to FEDRAC, 3/2/04 Federal Way Farmers Market Page 2 of2 the Committee members found that this proposal did not specifically meet the criteria for a tourism enhancement grant, they concluded that the Farmers Market would help promote tourism to Federal Way and, therefore, the requested funding would constitute an appropriate use of lodging tax revenues. After reviewing the annual budget and projected annual income figures, the Committee noticed that these figures project a potential gross profit on the order of $55,060. Understanding that these figures are preliminary and are based on other farmers markets' averages, the exact amount of profit may be more or less than that figure. Regardless the Committee concluded that the Farmers Market should likely generate sufficient revenue to be able to replenish all or part of the $21,250 of the lodging tax fund. For this reason, the Committee recommended approval of the requested start-up funding, with the condition that the $21,250 be replenished over the next two seasons, ending in October 2005, provided that the Farmer's Market is profitable as projected. Specifically, the Committee recommended that the lodging tax fund be replenished by the end of the 2004 season by an amount equal to the Market's 2004 gross revenues less the projected amount of money necessary to cover the 2005 season's start-up costs. The lodging tax fund is then to be further replenished up to the entire $21,250 by the end of the 2005 season. COMMITTEE ACTION "I move to recommend that City Council authorize the City Manager to execute a contract for the expenditure of $21,250 for the start-up costs for the Federal Way Farmers Market. The lodging tax fund will be replenished by the end of the 2004 season by an amount equal to the 2004 gross revenues less the projected amount of money necessary to cover the 2005 season's start-up costs. The lodging tax fund will then be further replenished up to the entire $21,250 by the end ofthe 2005 season," APPROVAL BY COMMITT E: Committee Chair IZ- ~'AM~+ Iv- Why a Farmer"s Market foJ Federal Way? . Food - essential for life - 99% vended product . Community - Families, friends, businesses, and neighbors in a common location . Life and Identity - Relationships and Activities associated with a Recognized Name . Quality - Superior degree or level . Hope and Expectation - People are asking us to - customers and vendors Fed"eral, Way' F"srmer')s M"arket M" issìon The Federal Way Farmer's Market is a Federal Way community event dedicated to the sale and delivery of fresh and healthy foods and food products direct from the grower to the consumer. This event will provide affordable fresh food products to the entire community and attract new and loyal visitors to sponsored activities and programs, Farmer's Markets are traditional community events with local identity and regional benefit and value. 1 I3 The Fanner's Market is a community- centered food and acti'lJÏty festival - bringing together food growers and local and regional consumers in the center of the city. ¡'V)"~,.~:".."".",~,,,.. ¿¡,;-' ~ '--"...r<. , , ~'~ ~ 'if ~r.~~". .;;-.~~-'~~.' ":. ~-,,~ r.¡;, ' ",'" '., ' ':(~',',', .., ',",'" TJ,~ .'>:, ,,'- .~~~t- -;:" 1IiJIIII~,7'" '- ",j/<~<~"" \~,....,\.,.~" '... lIii' /', '. ~~,- .. :r '4 " ..... .., .... ,.~ "" '. ~ .. .... , . Through the ages into modern popularity, Farmer's Markets are in communities worldwide! . Local growers seek the advantages of community and customer relationships uniquely developed at farmers' markets. . The positive and enjoyable interaction between customers and growers attract grower loyalty, many say "This is my social life!" . For customers, too, the farmers' market is not just a place to buy food, but a social affair and community interaction. . A festive atmosphere attracts people to markets, where they can talk with farmers about how the produce was grown and how it can be prepared. T'he F'ed~efal Way Farmer~s Market Economic Value and Positive Impact . Farmers Markets expand the local economy - Outside money is spent in Federal Way - More customers and spending at the mall - Catch the drive-thru and drive-by business - Create a local destination alternative for people who go to Pike Place . Farmers Markets are good business - Immediate source of revenue to farmers, growers and vendors - some spent locally - Better profit margin per sale - more cash to vendors locally - Build business opportunity, growth, and jobs with community identity . Customer choice for health and environment - Convenient outlet for fresh, healthy produce and interaction with the grower - Farm fresh - Food travels less far and has less packaging - Support local and regional growers and organic certified produce - Education and information about food, health, growers and retailers 2 .ILl Federal Way Farm.er"s Market PromJotres the F&dera~ Way¡ Communitry¡ ~dentity . Attractive Event at the Mall . Regular Schedule - every Sat AM . Repeat Regional Radio and Print Media advertising . Promos to local TV stations . Venue for local talent and shows . Avenue for affiliate promotion Federal Way Farmef'~S Mjarket Prrograms and Activities . Kick-off Saturday - June 19 . Vendor Booths/Stalls Fresh Produce and Flowers . Community Service/Children's Activity Booth . Scheduled Demos and Presentations . Music and Local Talent shows . Benefit Booth - Local public service or non-profit . Food Assistance Program for low-income and seniors (donation to local food banks for unsold products) 3 Ie; Fc-~ . eoI' I; W F ~ MilL t ,~e(JeraJ . ay rBlfmer'S I ar~er FOOD ASSISTANCE PROGRAMS . A federal program that benefits both vendors and low-income customers is the Women, Infants, and Children (WIC) Fanners' Market Nutrition Program (FMNP). It provides special coupons to WIC participants, which they can use to purchase fresh fruits and vegetables at participating farmers' markets. . A new Seniors Fanners' Market Nutrition Program (SFMNP) provides low-income seniors with coupons that can be exchanged at farmers' markets. The Fanner's Market attracts and supplies all customers seeking fresh and healthy food. .. .0 ! I I ¡~ u SIIIS-..- -- Sears 32 th "tI DI n ::¡; ñ :I: cë' ::T I '< !JJ . š ~ ~ :I ~ ~ .0-,"" """.... Il, 4 Federal Way Farmer's Market Business and Management . Local Sponsors . Board of Directors . 501 (C)(3) Corporation . State Association Membership and Support . Vendors - Individuals and Associations . Manager and Volunteer Staff . Agreement with Sears . Insurance ]:-l FEDERAL WAY FARMER'S MARKET START UP BUDGET WSFMA MEMBERSHIP/SEMINAR INSURANCE PERMITS SECURITY ENTERT AI NMENT TENT/AWNING/INFO BOOTH EQUIPMENT SIGNS/BANNERS ADVERTISING: RADIO... OPENING DAY CEREMONY PROMOTIONS: TSHIRTS, HATS PORTA POTTIES TRASH TABLES/CHAIRS STORAGE POSTAGE MAl LI NGS/POSTCARDS/FL YERS NEWSLETTER RENTAL OF SITE 600.00 500.00 300.00 1200.00 1000.00 1500.00 1000.00 1000.00 5000.00 2000.00 1000.00 1000.00 500.00 2000.00 600.00 250.00 500.00 1200.00 500.00 $21,250.00 THE BUDGET WAS REVISED DUE TO THE CHANGE TO THE SEARS, LOT AND SATURDAY SCHEDULE BUDGET INCLUDES ADDITION OF: - RESTROOMS - RENT - TRASH CONTAINERS - PICNIC / EA TING AREAS . THE NEW SITE HAS PLENTY OF PARKING AND EASY ACCESS FOR DISABLED CUSTOMERS, SENIORS AND FAMILY GROUPS ]:5 '>INV'9 lV'nlnL.-J NOJ.9NIH9V'm II 0- I Z; V I ED ~ ~W WLU D D @ D D IIb-lvl Q D = ú) D () ~ I 3 )- N :r -<{ ~ 0 OJ 3 I - ~ 'jJ 0 -1 -<{ -<{ 0.. D 3 @ rr'4 w () I ).. V'm-")!lV'm H.LOoa: :ŒLLooa: @ ).. V'm-'>I1V'm H.LOoa: CDI [[II] [[8 [[III HoLOOa: ~ []]II (\) I "t ).. V'(TI-'>I1V'm H.LOoa: 1I0-IVb llV'L.-J J.IX3 ;:q H..LO 0 a: (\) I "t i! () \) III "t I r :r ~ () () If} () I "t ~ ~ 0 Þ tIJ =. ~ ~ S 0 = ~ 0 ~ Q ~ ~ ~ ~ C')Ø) ~ ~ ~ ~M(gl~~ ð FEDERAL WAY FARMERS MARKET YEARLY BUDGET BASED ON CURRENT OPERATING MARKETS H - 0 WSFMA MEMBERSHIP/SEMINAR 600.00 INSURANCE 500.00 MANAGER/STAFF 6000.00 CITY PERMITS 300.00 S.ECURITY 6240.00 ENTERTAINMENT 2000.00 TENT/AWNING/INFO BOOTH/EQUIPMENT 2500.00 SIGNSrrRAFFIC CONTROUBANNER 1000.00 ADVERTISING: RADIO, NEWSPAPER... 5000.00 OPENING CEREMONY 2000.00 PROMOTIONS: TSHIRTS, HATS... 1000.00 PORTAPOTTIES 8000.00 TRASH 500.00 TABLES/CHAIRS 2000.00 STORAGE 1800.00 POSTAGE 1000.00 MAILINGS/POSTCARDS/FLYERS 1500.00 NEWSLETTER ; 2500.00 RENTAL OF SITE jQJ/ f j "fcrt Á 2500.00 / 4S.940.00 TOTAL INCOME TOTAL EXPENSE 102000.00 46,940.00 PROFIT 55,060.00 INCOME BUDGET IS BASED ON A TOTAL OF 48 VENDORS: PER BOOTH PERCENTAGE OF SALES FOOD VENDORS: AVERAGE SALE OF FOOD VENDORS IS $1000.00 PER DAY VENDORS WILL PAY THE SET PRICE PLUS A 6% FEE OF THEIR SALES: 8 FOOD VENDORS % OF SALES WEEKLY REVENUE MONTHLY YEARLY $50.00 * 8 = 400.00 400.00 2000.00 10000.00 1000.00 PER DAY 8 * 6% = 60.00 480.00 2400.00 12000.00 TOTALS 880.00 4400.00 22000.00 PER BOOTH PERCENTAGE OF SALES H ~ ~ VENDORS: (FARMERS) AVERAGE SALE OF PRODUCTS IS $1000.00 VENDORS WILL PAY THE SET PRICE PLUS A 6% FEE OF THEIR SALES: 28 BOOTHS % OF SALES WEEKLY MONTHLY YEARLY $25.00 * 28 = 700.00 700.00 3500.00 17500.00 1000.00 PER DAY 28 * 6% = 60.00 1680.00 8400.00 42000.00 TOTALS 2380.00 11900.00 59500.00 PER BOOTH PERCENTAGE OF SALES PREMIUM BOOTH: (CORNER BOOTHS) AVERAGE SALE OF PRODUCTS IS $1000.00 VENDORS WILL PAY THE SET PRICE PLUS A 6% FEE OF THEIR SALES: 4 BOOTHS % OF SALES WEEKLY MONTHLY $35.00 * 4 = 140.00 140.00 1000 PER DAY 4 * 6 % = 60.00 240.00 TOTALS 380.00 YEARLY 700.00 3500.00 1200.00 6000.00 1900.00 9500.00 PER BOOTH PERCENTAGE OF SALES VENDORS: (CRAFTS) AVERAGE SALE OF PRODUCTS IS $500.00 VENDORS WILL PAY THE SET PRICE PLUS A 6% FEE OF THEIR SALES: 8 BOOTHS % OF SALES WEEKLY MONTHLY YEARLY $25.00 * 8 = 200.00 200.00 1000.00 5000.00 500.00 PER DAY 8 * 6% = 30.00 240.00 1200.00 6000.00 TOTALS 440.00 2200.00 11000.00 TOTAL REVENUE MONTHLY YEARLY 4080.00 20400.00 102000.00 WEEKL Y DRAFT - CITY COUNCIL - 04.06.04 AGREEMENT FOR FEDERAL WAY FARMERS MARKET nO þ..f1 \J\'(7 t/O f 3 . This Agreement ("Agreement") is dated effective this - day of ,20_. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way Farmers Market, Inc., a 501(c)3, not-for-profit Washington corporation ("Contractor"). WHEREAS: A. The City seeks the opportunity to promote regional visitor attractions in a manner that benefits Federal Way residents and businesses; B. Contractor intends to establish the Federal Way Farmers Market, opening in June 2004 and running through October 2004. If successful, future seasons will run from May through October; C. Contractor has chosen a site in the Federal Way City Center to locate the Farmers Market, which is expected to create the biggest draw due to its visibility and accessibility, as well as create the greatest collateral economic activity, due to the location of the greatest concentration of other shops and services in the vicinity; D. Assisting in the funding of this Farmers Market will satisfy the City's desire to promote tourism to the City and City Center, will further the City's economic development goals, and will enhance the quality of life for Federal Way residents and visitors; NOW, THEREFORE, the Parties agree as follows: 1. Event. The Contractor shall promote and produce a regional-caliber Farmers Market as more specifically described in Exhibit A, attached hereto and incorporated by this reference to be located within the City Center ("Event"). 2. Term. The funding contemplated in this Agreement is applicable to the start-up costs associated with a Farmers Market for the June through October 2004 season. However, the term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of all obligations under this Agreement, but in any event no later than December 31, 2005 ("Term"). - 1 - DRAFT - CITY COUNCIL - 04.06.04 3. Financial Contribution. 3.1 Total Financial Contribution. In consideration ofthe Contractor producing the Federal Way Farmers Market, the City agrees to contribute to the Contractor an amount not to exceed Twenty-One Thousand Two Hundred Fifty and Noll 00 Dollars ($21,250.00) for the promotion of the Event for the 2004 market season. Said contribution will be financed by the City's lodging tax revenues. 3.2 Method of Payment. The City will provide the total financial contribution upon signing this Agreement. 4. Replenishment of Lodging Tax Revenues, Contractor shall replenish the City's Lodging Tax Revenue Fund ("Fund") in an amount totaling the City's entire financial contribution, as follows: 4.1 By the end of the 2004 Farmers Market season, Contractor will deduct from the 2004 season's gross revenues all outstanding 2004-season accounts payable, plus a maximum of$17,500 to finance the 2005 season's start-up costs. Any remaining revenues will be used to replenish the Fund up to the City's financial contribution of$21,250. 4.2 By the end of the 2005 Farmers Market season, Contractor will replenish the Fund up to the City's full financial contribution of $21 ,250. If at that time Contractor has insufficient funds to replenish the Fund completely, Contractor will request an amendment to this Agreement to negotiate the appropriate settlement. 4.3 In the event the Federal Way Farmers Market is canceled or otherwise is not held before full replenishment of the City's Lodging Tax Revenue fund, pursuant to 4.1 and 4.2, Contractor will notify the City of said cancellation and will replenish City's Lodging Tax Revenue Fund up to the City's full financial contribution of$21,250 within sixty (60) days after Contractor's notice. 5. Compliance with Laws. Contractor shall comply all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that (i) it has the full right and authority to enter into and fully perform this Agreement in accordance with its terms and this Agreement constitutes a valid and binding agreement of Contractor; and (ii) the execution, delivery, and performance of this - 2 - DRAFT - CITY COUNCIL - 04.06.04 Agreement will not violate the provisions of any agreement to which Contractor is a party or by which it is bound. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to carry out the Event. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, officers, directors, agents, employees, volunteers or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents or by the City's breach of this Agreement. - 3 - DRAFT - CITY COUNCIL - 04.06.04 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination, 9. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such caniers who have a rating that is satisfactory to the City: 9.1 Workers' compensation and employer's liability Insurance in amounts sufficient pursuant to the laws of the State of Washington; 9.2 Commercial general liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage, with an aggregate of claims totaling. $5,000,000. 9.3 The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage(s). Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. 9.4 The provisions ofthis Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. General Provisions. 10.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 10.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. - 4 - DRAFT - CITY COUNCIL - 04.06.04 10.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 10.4 Assignment. Neither the Contractor nor the City shall have the right to transferor assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party, such consent not to be unreasonably withheld. 10.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 10.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 10.7 No Waiver. Failure or delay of the City or Contractor to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 10.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 10.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 10,10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 10.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. - 5 - DRAFT - CITY COUNCIL - 04.06.04 10.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Event is essential to the performance of this Agreement. 10.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 10.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 10.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 10.16 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 1st Way South P.O. Box 9718 Federal Way, WA 98063-9718 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Patricia A Richardson, City Attorney - 6 - DRAFT - CITY COUNCIL - 04.06.04 FEDERAL WAY FARMERS MARKET, INC. By: (Signature) (Printed Name) Its: (Title) (Address) (Phone) STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of FEDERAL WAY FARMERS MARKET, INC., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,200_. (typed/printed name of notary) Notary Public in and for the State ofCalifomia. My commission expires G : \la wf 0 OTIS \Professional Servi cesA greem en t Rev. 02/02 - 7 - EXHIBIT" A" SCOPE OF EVENT General. Contractor will promote and produce a regional-caliber farmers market in the Federal Way City Center under the direction of its Board of Directors. Market Day and Season. The Federal Way Farmers Market will be held every Saturday from approximately 9:00 a,m. to 2:00 p.m., starting mid-June 2004 and running to mid- or late October 2004. Starting in 2005 the Farmers Market is planned to open in May for a total of26 weekends per season. Vendors. The Federal Way Farmers Market will offer vendor booths/stalls for a range of vendors, but with a preference for the sale of fresh produce and flowers, followed by prepared foods and crafts. In addition, there will be space for community service and/or children's activities, as well as public service or nonprofit organizations. The Market will include scheduled demonstrations and presentations, as well as musicians and/or other talent. Charity. Contractor intends to donate unsold produce at the end of each market day to local food banks and other charities. Specific amounts and types of produce to be donated will be determined each day, as mutually benefit both donors and recipients. Contractor will accept payment in the form of coupons from qualifying individuals, pursuant to the federal Farmers' Market Nutrition Programs for Women, Infants and Children (WI C) and Seniors (SFMNP), Pursuant to its 501(c)3 status and stated mission, Contractor will donate all net profits (after costs, savings for following-year start-up costs, and replenishment of City Lodging Tax Revenue Fund) to local charities, to be chosen by the Board of Directors at the end of each market season. Promotion. Contractor will employ radio and print media throughout the region, as well as local TV stations when possible, to promote the Federal Way Farmers Market. In addition, pursuant to membership in the Washington State Farmers Market Association (WSFMA), the Federal Way Farmers Market will be marketed through the Washington State Farmers Market Guide, WSFMA web site, Heart of Washington promotional materials, and other recognized farmers market marketing strategies, Contractor will acknowledge City sponsorship of the Farmers Market in all promotional materials (advertisements, signage, flyers, etc.) by including the following sentence: "Sponsored in part by the City of Federal Way lodging tax revenues."