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01-03-2023 Council Packet - RegularCITY OF F deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* January 3, 2023 - 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S KEY TO THE CITY — BOB ROEGNER The Council will take a brief recess to honor Bob Roegner and his contributions to our Community and Region. 4. MAYOR'S EMERGING ISSUES AND REPORT • State of the City Address at the Performing Art & Event Center — February 16 • City Council Annual Retreat at Dumas Bay Centre — Saturday, January 21 8:00 a.m. • MILK Jr. Community Event and Food Drive — January 14 at the Performing Arts & Event Center beginning at 11:00 a.m. • Mayor's Address to the Chamber of Commerce — January 4 at the PAEC • Update on Sister City Trip to Donghae, Korea and Hachinohe, Japan — 2023 • Introduction of Economic Development Director Tanja Carter • Introduction of Emergency Manager Kevin Pelley 5. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 6. PRESENTATIONS a. Proclamation: Korean American Day in Washington — January 13 The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.cityoffederalway.com. 'Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 7. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 8. CONSENT AGENDA Items listed below have been previously reviewed in their entirety 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. Minutes: December 6, 2022 Regular and Special Meeting b. S 288th St Road Diet — 85% Design Status Report (Phase 1 and 2) and Bid Authorization (Phase 1) c. SW Dash Point Rd & 47 Ave SW Compact Roundabout - Request for Additional Funds d. Pacific Highway Non -Motorized Corridor — 85% Design Report e. Citywide Pedestrian Safety Improvements - 85% Design Status Report and Authorization to Bid f. 2020-2021 Neighborhood Traffic Safety (NTS) Program - Project Acceptance g. Military Road S Preservation Project - 85% Design Status Report and Authorization to Bid h. 21 st Ave S & S 320th Street Signalization and Pedestrian Improvements - 85%Design Report i. Demolition of Former Target Building - Authorization to Bid 9. COUNCIL BUSINESS a. Confirmation of Community Development Director — Keith Niven b. Arts Commission Appointment c. Human Services Commission Appointments d. Senior Advisory Commission Appointments 10. ORDINANCES First Reading a. Council Bill #835/Ordinance: Establishina a Procurement Standard related to Compost Products used in Government -Funding Projects and Maintenance (per HB1799 Organics Management Law) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO PROCUREMENT OF COMPOST PRODUCTS. • Staff Report • Public Comment — 3 minutes each The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 Council Bill #836/Ordinance: Chapter 8.43 Establishing Weight and Load Regulations within the City AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WEIGHT AND LOAD REGULATIONS; AMENDING FWRC 8.40.030 DESIGNATED VEHICLE ROUTES; AND ADDING A NEW CHAPTER 8.43 FWRC, WEIGHT AND LOAD REGULATIONS, INCLUDING SECTIONS 8.43.010,8.43.020, AND 8.43.030. (Amending Ordinance Nos. 00-365,91-103, and Resolution No. 09-539). • Staff Report • Public Comment — 3 minutes each c. Council Bill #837/Ordinance: Planning Commission Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CITY PLANNING COMMISSION; AMENDING FWRC 2.90.020 AND REPEALING FWRC 2.90.030. (Amending Ordinance Nos. 90-43 and 96-272.) • Staff Report • Public Comment — 3 minutes each d. Council Bill #838/Ordinance: Iconic Sign Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ICONIC SIGNS; AMENDING FWRC 19.05.190, AND ADDING A NEW SECTION FWRC 19.140.135 (Amending Ordinance Nos. 08-585, 09-593, 09-605, 09-610, 12-713, 14-778, 15-797, 20-898, 21-921, 22-932) • Staff Report • Public Comment — 3 minutes each e. Council Bill #839/Ordinance: Creation of a Human Resources Department AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF A HUMAN RESOURCES DEPARTMENT; AMENDING FWRC 2.11.040; AND ADDING NEW SECTION 2.18 TO TITLE 2. (Amending Ordinance Nos. 14-766 and 10-666). • Staff Report • Public Comment — 3 minutes each i`z[4un0=1201AP 12. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 13. ADJOURNMENT The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 CIT V::k� Federal Way PROCLAMATION "Korean American Day" WHEREAS, on January 13, 1903, 102 Korean immigrants arrived in the United States marking the beginning of the Korean immigration to America; and WHEREAS, 2023 celebrates 120 years of heritage, traditions, contributions and perseverance from our Korean American community; and WHEREAS, Korean Americans are an integral part of the Federal Way community and have contributed greatly, despite harassment and discrimination, all of which are on the rise today; and WHEREAS, the City of Federal Way welcomes and supports Korean Americans as vital members of the community; and WHEREAS, the City of Federal Way is committed to learning from and engaging with the Korean American community to remove impediments to success through increasing social inclusion, reducing poverty, access to services and healthcare; and WHEREAS, in 1992, the city hosted the first Korean Community Quarterly Meeting, providing translated city updates in an effort to provide meaningful engagement which has continued for the last 30 years; and WHEREAS, in 2000 the city Fostered a Sister City relationship with the city of Dongliae. Korea, which called on both Federal Way and Donghae to enhance mutual understanding through diverse exchanges and cooperation in such areas as social. economic, cultural and sports, promote trade expansion through economic exchange, promote regional development through technical exchange, and maintain a friendly relationship based on the traditional Korean American friendship; and WHEREAS, achievements and contributions of Korean Americans can be seen throughout the nation in business, academia, arts, science, engineering, medicine, literature, journalism, government, the military, and NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim January 13, 2023 as "Korean American Day" in Federal Way, and encourage all residents to celebrate the contributions of our Korean American community. SIGNED, this 3rd day of January, 2023 F!7]G' dl. WAY 119Y"ORANDCITYCOUNCIL LAI�- Jim nn, M341, 3r or- Susan/Uanda Dee- ��k ;:L Erica Norton, Councilmem�beer Ja alsh, Councilmember Jack ovey, Councilme r COUNCIL MEETING DATE: January 3, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM #: POLICY QUESTION: Should the City Council approve the draft minutes for the December 6, 2022 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtng-, City Clerk Attachments: December 6, 2022 Regular Meeting Draft Minutes December 6, 2022 Special Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A DEPT: Mavor's Office N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE, COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CIT .� Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers December 6, 2022 — 5:00 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 5:02 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE 3. COMMISSION INTERVIEWS The City Council interviewed one (1) applicant for the Lodging Tax Advisory Committee; three (3) applicants for the Youth Commission; and three (3) applicants for the Arts Commission. Councilmember Norton left the room at 5:28 p.m. and returned at 5:32 p.m. 4. EXECUTIVE SESSION a ... .. .--.—. 5. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 5:40 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 December 16, 2022 CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers December 6, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:37 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell lead the flag salute. 3. MAYOR'S KEY TO THE CITY — HOPE ELDER Mayor Ferrell was pleased to present the Key to the City to Former Deputy Mayor, Councilmember, longtime Planning Commissioner, and community volunteer Hope Elder. He referenced her years of service to the city as a "Super Citizen" noting her tremendous impact on the community through her selfless service over nearly the entire city history. Ms. Elder thanked the Mayor and Council for this honor as she equally recognized the countless volunteers who have helped her over the years, sticking by her through thick and thin. Former City Councilmember Martin Moore praised Ms. Elder for her selflessness and working to always put the community first. He is thankful to have known her over the last 20 years. Each Councilmember took the opportunity to thank Hope for the example she sets in working to make our community a better place. She was praised for her hard work, straightforward leadership over the years, and dedication to stay involved in the community. At 6:57 p.m. Mayor Ferrell announced the Council would take a brief recess to honor Hope Elder. The meeting was called back to order at 7:11 p.m. 4. MAYOR'S EMERGING ISSUES AND REPORT e Plaque of appreciation from Sister City of Donghae, Korea Mayor Ferrell introduced former Mayor Mike Park and Daniel Kim, President of the Federal Federal Way City Council Regular Minutes Page 1 of 8 December 16, 2022 Way Korean -American Association. Mr. Park spoke on a recent trip to Federal Way's Sister City Donghae, Korea and along with Mr. Kim presented the city with a gift of a beach rock, popular in South Korea. Mr. Park also shared a certificate of appreciation from Mayor Sim and provided photos from a ceremony honoring the Sister City relationship through with a monument featuring the City of Federal Way logo in their Sister City Park. Mayor Ferrell thanked Mr. Park and Mr. Kim noting the city is planning on taking a Sister City trip in 2023, which is the first in over a decade. The trip will aim to strengthen business trade and relationships between the countries. • Cold Weather Sheltering Update Community Services Manager Sarah Bridgeford provided an update on the activation of the severe cold weather shelter last week. She noted the temporary shelters are activated regionally when weather conditions meet set criteria and services in Federal Way are contracted through FUSION. The shelter ran smoothly and sheltered 4-5 individuals nightly. ® Snow & Ice Event Response Public Works Director EJ Walsh provided a report on the city's response to recent snow and ice events. He noted there were a total of five (5) separate events staff managed with all equipment back and ready to go for the next event. Mayor Ferrell thanked Mr. Walsh and extended his thanks to the Parks and Public Works crews who take care of the city roads. • City Council Annual Retreat Mayor Ferrell noted the Council will be hosting the Annual Retreat at Dumas Bay Centre on Saturday, January 21. Deputy Mayor Honda added the main topics of the retreat will be Downtown Redevelopment, Council Rules of Procedure, and Homelessness and teenagers. The doors will open at 8:00 a.m. • Recent Events Mayor Ferrell reported the Jingle Bell Brunch held at the Federal Way Community Center and the Tree Lighting Event at Town Square Park; thanking the Parks Staff for these wonderful family events, and thanked all who participated. He reported the next Korean Quarterly Meeting will be Thursday, December 15 at 6:30 p.m. The annual State of the City Address will take place in -person at the Performing Arts & Event Center on February 16. He also reminded this is the last meeting of the year, as Council Rules cancels the second meeting in December. 5. PUBLIC COMMENT Anna Patrick brought to attention reoccurring power outages in the downtown area. She advocated to include better housing options for entry level home ownership and curb the amount of tax-exempt housing. Alexandre Milsten spoke in concern with media response to a shooting that took place November 19 in Colorado Springs. He cautioned against promoting conspiracy and hate. Susan Strong volunteers to clean up areas littered as a result of homelessness; she expressed safety concerns throughout the City. Federal Way City Council Regular Minutes Page 2 of 8 December 16, 2022 Colin Hirsch, with We Rock the Spectrum, shared some of the hardship faced as a result of COVID. He operates a small business that serves individuals with special needs. Mary Ehlis extended an invitation to Council and the community to attend the Historical Society's open house on December 18 at the Heritage Center. Geoffrey Tancredi shared his desire to see treatment as mandatory for those living in the hotels owned by King County. Lana Bostic shared from an article addressing how Houston Texas addressed its homeless population. Mary Gates shared about the Performing Arts Foundation Gala that occurred in October and some of their recent events including a Santa event for the community. Catherine North advocated for a Senior Center at the former Target building. She also shared about a charity for needy children. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh noted the December meeting has been canceled and the next meeting will be January 10, 2023 at 5:00 p.m. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported on the meeting held yesterday and was attended by all Council. He noted the Committee would be discussing redevelopment in downtown in early 2023 and will also discuss Park Impact Fees and housing options. Finance, Economic Development, Regional Affairs Committee (FEDRAC): Councilmember Tran reported on the November Committee meeting which forwarded items to Council for final approval. The December meeting is cancelled and the next meeting will be - January 24 at 5:00 p.m. in Council Chambers and on Zoom. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson noted there would not be a meeting in December; the next meeting is January 11 at 10:00 a.m. She reported on wrapping up her Chairing responsibilities with regional committees and was pleased by the information she gained from her recent attendance at national conferences. She would like to be proactive and inclusive when discussing zoning and not reactionary. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported on her attendance with Councilmember Assefa-Dawson at national conferences in North Carolina and Kansas City where great information was shared. She was pleased a Sister City trip is being planned and looks forward to the trip. She noted she was reappointed to multiple regional committees and encouraged Councilmembers to seek appointments to Committees still open. Councilmember Norton, reported on her efforts on long-term relapse prevention program which would be a 4-year commitment from the city. This plan includes a detox program, job training, and housing assistance. She appreciates the support of Council and has consulted with the Judge, City Attorney, and Prosecuting Attorney. She encourages opposing views which help built a better solution. Federal Way City Council Regular Minutes Page 3 of 8 December 16, 2022 7 Council President Report: Council President Kochmar advocated for Judge Larson's Sequential Intercept Model and Peer Navigation programs for those who have been arrested and are already in the system. She requested the Mayor look into the possibility of using the unused wing of the SCORE Jail for possibly a detox area. She encouraged donations of toys, clothes, food, or cash to the Multi -Service Center. CONSENT AGENDA a. Minutes: November 15, 2022 Regular and Special Meetings b. AP Vouchers 10/16/2022 — 11/16/2022 & Payroll Vouchers 10/01 /2022 —10/31 /2022 c. Monthly Financial Report — October 2022 d. Washington State Department of Corrections Master Agreement Amendment e. King County Aquatics Capital Grant Fund Acceptance f. Purchase of VertiGIS Software g. Tourism Enhancement Grant Recommendation 2022 COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH G ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 8. COUNCIL BUSINESS a. Confirmation of City Administrator — Brian Davis Mayor Ferrell noted Mr. Davis was appointed in an interim capacity last January, which was then extended in August. He noted the addition of a City Administrator is a force multiplier for the city. He continues to be very impressed with his work, including his efforts on the budget process. He noted Mr. Davis has a tremendous background and pleased to offer his appointment for Council confirmation. Council thanked Mr. Davis for his work and asked logistical questions on job duties and direct contact with the City Administrator and if the Community Development Director position would be filled. Mayor Ferrell thanked Council for the questions and noted he will be recommending Planning Manager Keith Niven as the next Community Development Director, subject to Council confirmation. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE MAYOR'S APPOINTMENT OF BRIAN DAVIS AS CITY ADMINISTRATOR; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes b. 2023 State Legislative Agenda Intergovernmental & Public Relations Officer Steve McNey provided the 2023 State Federal Way City Council Regular Minutes Page 4 of 8 December 16, 2022 Legislative Agenda and priorities. He introduced City Lobbyists Jim Hedrick and Luke Esser who provided detail and answers to Council questions regarding the upcoming legislative session and highlighted issues most likely to receive funding. Mr. Hedrick and Mr. Esser noted this will be the first time in 3-years there will be live interaction on the campus, along with the ability to continue to testify virtually. With inflation up and real estate excise tax down, they are interested to see the Governor budget which will be provided by the December 20 deadline; 20-days prior to the start of the session. Issues discussed included Public Safety and Blake Decision corrections; local control of zoning and the ability to plan for growth; condo liability reform; City Center Access and Transportation funding; turf fields for Celebration Park, and behavioral, mental health and addiction recovery resources. Councilmember Norton briefly left the room at 8:28 p.m. and returned at 8:32 p.m. Council thanked Mr. Hedrick and Mr. Esser for the update and asked clarify questions regarding federal asks, gas tax, and unfunded mandates. Council also discussed prioritizing the list. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE LEGISLATIVE AGENDA. Council continued to discuss and debate identifying top policy priorities and top capital budget ask priorities. Mayor Ferrell requested any objections to the legislative agenda list; no objection was noted. COUNCIL PRESIDENT KOCHMAR OFFERED A FRIENDLY AMENDMENT TO PROVIDE POLICY PRIORITIES OF PUBLIC SAFETY; MENTAL HEALTH AND ADDICTION REFORM; LOCAL CONTROL OF ZONING & ENCOURAGING HOME OWNERSHIP; AND FURTHER IDENTIFY CAPITAL BUDGET ASK PRIORITIES OF TURF FIELD AND FOUR TRANSPORTATION PROJECTS WHICH ARE ALREADY PRIORITIZED; SECOND BY COUNCILMEMBER WALSH. The amendment passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE LEGISLATIVE AGENDA AS AMENDED; SECOND BY COUNCILMEMBER WALSH. The motion as amended passed unanimously. Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes c. Community Center Slide Replacement Change Orders Parks Director John Hutton provided a timeline on this project including the original scope of work in May 2022. Council President Kochmar left the room briefly at 9:15 p.m. and returned at 9:17 p.m. Director Hutton noted during the process of demolition, additional issues surfaced with locations showing corrosion throughout the lazy river and leisure pool. He briefed the Council on the expected lifespan of the pools and the process identified by staff to correct the current situation to allow the city to plan for a longer and more Federal Way City Council Regular Minutes Page 5 of 8 December 16, 2022 comprehensive pool replacement years from now. He also provided information on a ground penetrating radar (GPR Assessment) which would cost an additional $250,000 to $700,000 and would identify both known and currently unknown issues. Deputy Parks Director Jason Gerwen noted staff recommendation is ensuring they are good stewards of public dollars. He is confident this fix will provide years of use and provide time to design a shovel ready project for total pool replacement in ten years. In response to questions, Mr. Hutton noted if approved as recommended, the pool and slide could reopen in 90-days. Council thanked Mr. Hutton and Deputy Parks Director Jason Gerwen for the information and recommendations and asked additional clarification questions including the cost of total pool replacement, the GPR Assessment, if there is contractor liability from the original design and construction. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED ADDITIONAL FUNDING IN THE AMOUNT OF $112,700 AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes d. King County Grant for Small Business and Community Groups Community Services Manager Sarah Bridgeford provided information regarding a previously awarded small business and community group grant from King County. Ms. Bridgeford noted the grant will provide funding for childcare provider support, rent assistance, and utility assistance. She noted this item is seeking authorization to accept the grant; details and contracts will come to Council in January 2023. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED CONTRACT WITH KING COUNTY FOR ONE-TIME COVID UNMET NEEDS FUNDING; SECOND BY COUNCILMEMBER NORTON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes e. Senior Advisory Commission 2023 Work Plan Executive Assistant to the City Council Amy Glandon presented the 2023 Senior Advisory Commission Work Plan for approval. She highlighted the work the Commission has done including the 46-page Senior Resource Guide which will be updated and reprinted twice in 2023. She provided information on the Senior Resource Fair planned for Spring of 2023 which will include vendors and resources to aid the senior community. Councilmembers thanked Ms. Glandon for her presentation and her work on the Commission. DEPUTY MAYOR HONDA MOVED APPROVAL OF COMMISSION ANNUAL WORK PLAN; SECOND motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Federal Way City Council Regular Minutes December 16, 2022 THE PROPOSED 2023 SENIOR ADVISORY BY COUNCIL PRESIDENT KOCHMAR. The Councilmember Tran yes Councilmember Walsh yes Page 6 of 8 CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes f. Youth Commission Appointment(s) COUNCILMEMBER WALSH MOVED THE FOLLOWING APPOINTMENTS TO THE YOUTH COMMISSION: ZARAH IMANI DENNIS, KARIS SONG, AND NATHANEAL MEBRAHTOM WITH TERMS TO EXPIRE AUGUST 31, 2024; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes g. Lodging Tax Advisory Commission COUNCILMEMBER ASSEFA-DAWSON MOVED TO APPOINT BRIAN HOFFMAN AS A VOTING MEMBER OF THE LODGING TAX ADVISORY COMMITTEE REPRESENTING BUSINESSES AUTHORIZED TO BE FUNDED BY LODGING TAX REVENUE WITH A TERM TO EXPIRE OCTOBER 31, 2024; SECOND BY COUNCILMEMBER TRAN The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes h. Arts Commission Appointment(s) COUNCILMEMBER WALSH MOVED THE FOLLOWING APPOINTMENTS TO THE ARTS COMMISSION: KAREN BRUGATO AND KIMBERLY BOWMAN FOR TERMS EXPIRING DECEMBER 31, 2025 AND ANGELA HAHN FOR AN UNEXPIRED TERM EXPIRING DECEMBER 31, 2024; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 9. ORDINANCES Second Reading/Enactment a. Council Bill #834/Ordinance: 2021-2022 Biennia[ Budget Amendment APPROVED ORDINANCE NO. 22-944 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (Amending Ordinance No. 20-903, 21-916, 21-924, and 22-936) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Federal Way City Council Regular Minutes Page 7 of 8 December 16, 2022 CouncilmemberAssefa-Dawson yes Councilmember Norton yes 10. COUNCIL REPORTS Councilmember Dovey yes Councilmember Assefa-Dawson wished everyone Happy Holidays. Councilmember Norton wished everyone a Merry Christmas, Happy Holidays, Happy Hanukkah and all other holidays. Councilmember Tran acknowledged it being the last meeting of the year and thanked the Mayor, Councilmember, staff, and the Finance Department for their work. He wished everyone a Merry Christmas and Happy Holidays. Councilmember Walsh shared about his volunteer experience at the Senior Center Food Bank and asked the community to donate, if they can. He attended the ribbon cutting of the Giving Machine in Bellevue will be participating in a holiday concert performance in Bellevue which he invited his colleagues. Councilmember Dovey thanked everyone for a great year and wished them a Merry Christmas and a Happy New Year. Deputy Mayor Honda encouraged the other Councilmembers to become members of the Historical Society. She shared about an inclusive park she is excited to report on in the future. She reflected on the recent loss of a Bellevue Police Officer; she asked to keep his family and fellow officers in their thoughts. Council President Kochmar encouraged people to donate to the Senior Center and to the Multi - Service Center (MSC). She and Deputy Mayor Honda will be meeting with school board representatives to continue discussions on a joint meeting with the school district. 11. EXECUTIVE SESSION • GG11eGtive BaFgai"w-suant4e- l 11 n?.�0{40) not needed. 12. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:51 p.m. Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Regular Minutes Page 8 of 8 December 16, 2022 we COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 288TH STREET ROAD DIET — 85% DESIGN REPORT (PHASE 1 & 2) & BID AUTHORIZATION (PHASE 1) POLICY QUESTION: Should the City Council authorize staff to complete design for Phase 1 and Phase 2 of the S 288th Street Road Diet project, authorize the bid of Phase 1, and authorize staff to return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Omar Barron, PE, Senior Civil Engineer �+�-D�- DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memo dated December 5, 2022 Options Considered: 1. Authorize staff to complete the design for Phase 1 and Phase 2 of the S 288 h Street Road Diet project, authorize the bid of Phase 1, and authorize staff to return to the LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to complete the design of Phase 1 & 2, nor bid Phase 1, and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends forwarding Option 1 to the January 3, 2023 City Council Consent Agenda r approval. IP MAYOR APPROVAL: �! 3� R �I DIRECTOR APPROVAL: 07-ei I-Z0z1 [ nmrnii c 'ouncil 4alciL'D:Hr COMMITTEE RECOMMENDATION: I move to forward Option I to the January 3, 2023 City Council Consent Agenda for., pproval. j t PROPOSED COUNCIL MOTION: "I m�o� 'e to authorize staff to complete the design for Phase I and Phase 2 of the S 2881h Street Road Diet project, c2iaorize the bid of Phase 1, and authorize staff to return to the L UTC and Council for bid award, further reports and authorization. " 'II (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLEDIDEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1 /2022 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PE, Public Works Director Omar Barron, PE, Senior Civil Engineer &4--e0— SUBJECT: S 288`h Street Road Diet — 85% Design Report (Phase 1 & 2) & Bid Authorization (Phase 1) Financial Impacts: The cost to the City for the S 288th Street Road Diet was included within the current approved budget under Public Works Department Capital Project #36238. In accordance with the approved budget, this item is funded by a $2 Million dollar TIB grant, a $1 Million dollar WSDOT Pedestrian & Bicycle Safety grant, $700,000 from Sound Transit haul route fee in -lieu -of restoration, and the remainder with REET funds and Traffic Impact fees. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted during the budget process. Background Information: The primary purpose of this project is to increase safety along the S 288th Street corridor. This will be accomplished by reconfiguring the four (4) existing travel lanes to provide the following: • Single travel lane in each direction ■ Continuous Two -Way Left Turn lane • Dedicated Bike Lanes • Marked buffer space between vehicles and cyclists • Rectangular Rapid Flashing Beacon (RRFB) enhanced -crosswalks • ADA compliant curb ramps Existing and forecasted vehicle traffic volumes are low enough that the elimination of a travel lane in each direction will not create significant delays in travel time through the corridor. In addition, existing turn lanes at signalized intersections will remain to maintain the flow of vehicle traffic. The following provides a brief synopsis of the progress to date. The project design is approximately 85% complete and includes the following completed tasks: • Topographic Survey • Project design to 85% ■ Public Outreach Webinar • SEPA Application Ongoing tasks include: Rev 6/2020 December 5, 2022 Land Use and Transportation Committee S 28811 Street Road Diet — 85% Design Report & Bid Authorization Page 2 • Project Design to 100% • Contract Specifications • Right-of=Way Acquisition (Phase 2) • SEPA Approval • Utility Coordination • Sound Transit Coordination Financial Summary: PROJECT ESTIMATED EXPENDITURES: Design $ 560,000 Right -of -Way $ 60,000 Construction Contract $ 3,090,000 Construction Contingency $ 300,000 Construction Mgmt. & Inspection $ 490,000 TOTAL ESTIMATED EXPENDITURES $ 4,500,000 AVAILABLE FUNDING: TIB Grant (State) $ 2,000,000 Bike & Ped. Safety Grant (State) $ 1,000,000 Restoration Fee -in -Lieu (Sound Transit) $ 700,000 Mitigation/Traffic Impact Fees $ 400,000 Real Estate Excise Tax $ 400.000 TOTAL AVAILABLE FUNDING $ 4,500,000 on COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW DASH POINT RD & 47T" AVE SW COMPACT ROUNDABOUT - REQUEST FOR ADDITIONAL FUNDS POLICY QUESTION: Should the Council authorize an increase of $100,000.00 to the maximum contract amount for Sound Pacific Construction, LLC and also authorize a transfer of $100,000.00 from the Transportation Capital (306) fund to the SW Dash Point Rd & 47" Ave SW Compact Roundabout Project (Project #36217)? COMMITTEE: Land Use and Transportation CATEGORY: ® Consent MEETING DATE: December 5, 2022 ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Civil Engineer,Z "Z DEPT: Public Works Attachments: L Land Use and Transportation Committee memorandum dated December 5, 2022 Options Considered: 1. Authorize an increase of $100,000.00 to the maximum contract amount for Sound Pacific Construction, LLC and also authorize a transfer of $100,000.00 from the Transportation Capital (306) fund to the SW Dash Point Rd & 47t' Ave SW Compact Roundabout Project (Project #36217). 2. Do not approve an increase to the maximum contract amount for Sound Pacific Construction, LLC and do not authorize a transfer. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: RECTORAPOVAL: Com Icc Council s Initial/Date Init a atc lnitlol D COMMITTEE RECOMMENDATION: I e ont and the proposed Option I to the January 3, 2023 consent ag o provat i ac ❑ovey, o mittee Chair Jpa alsh Committee Member Haan Tran, ommittee Member PROPOSED COUNCIL MOTION: "I 4e to authorize an increase of $100,000.00 to the maximum contract amount for Sound Pacific Canstruction, LLC and also authorize a transfer of $100,000.00 from the Transportation Capital (306) fund to the SW Dash Point Rd & 47'" Ave SW Compact Roundabout project (Project #36217). " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) _ COUNCIL ACTION: El APPROVED APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Wort., r7irec-Loi `R/L✓ John Cole, Civil Engineer /� SUBJECT: SW Dash Point Rd & 47" Ave SW Compact Roundabout - Request for Additional Funds Financial Impacts: The cost to the City for SW Dash Point Rd & 47th Ave SW Compact Roundabout project was included within the approved budget under the Public Works Department Capital Project #36217. In accordance with the approved budget, this item is funded by a federal City Safety grant in the amount of $1,369,628.00 and Transportation Capital (306) funds. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. This increase in the maximum contract amount for the SW Dash Point Rd & 471h Ave SW Compact Roundabout will require a transfer from the Transportation Capital (306) fund in the amount of $100,000.00. The 306 Fund currently has over $1.5 Million in unallocated fund balance primarily made up of restricted Real Estate Excise Tax (REET) and Transportation Impact Fee (TIF) Funds. Background Information: The 47th and Dash Pt Rd Roundabout Project serves as a countermeasure to the fatal and serious injury collision history at this intersection. The City Council approved the award of this contract to Sound Pacific Construction, LLC on July 1, 2021, and authorized a maximum contract amount of $1,162,840.80. Construction costs exceeded the approved maximum contract amount primarily due to overuns of backfill, safety curbing, failed storm pipe discovered during construction, additional tree removal to provide safe sight distance, and traffic control. The estimate for additional work is $100,000. Funding Summary: Project Expenditures Design Original Construction Cost Contingency Construction Management Construction Cost Overruns $ 212,195.00 $ 1,057,128.00 $ 105,712.80 $ 178,500.00 $ 100,000.00 Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Subject — 47" and Dash Pt Rd Roundabout Request for Additional Funds Page 2 $ 1,653,535.80 Proiect Revenues Federal HSIP Grant $ 1,369,628.00 City — Transportation Capital (306) Fund $ 183,907.80 City - Transportation Capital (306) Fund — requested $ 100,000.00 $ 1,653,535.80 rej COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PACIFIC Hwy S NON -MOTORIZED CORRIDOR - 85% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project and return to the LUTC and Council at 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: Dec. 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution dt,� ❑ Other STAFF REPORT BY: JOHN MULKEY, P.E., SENIOR CIVIL ENGINEERS KY i DEPT: Public Works Attachments: 1. Land Use & Transportation Committee Memorandum dated December 5, 2022 Options Considered: 1. Authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project and return to the LUTC and Council at 100% design completion for further reports and authorization. 2. Do not authorize staff toproceed with this pro'el ct and provide direction to staff._ MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 3, 2023 City Council consent agenda for approval. MAYOR APPROVAL: If b I DIRECTOR APPROVAL: Y?yIZOZz- Cbi [cc 'ouncil �"'� hv�uallDatc InitiaUDate lnilsallDat COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1 to the January 3, 2023 consent agenda for approval. Chair alshl Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I ove to authorize staff to proceed with the design of the Pacific Hwy S 71 Non -Motorized Corridor project and return to the LUTC and Council at 100% design completion for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE} COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director "✓ 1A John Mulkey, P.E., Senior Civil Engineer,] SUBJECT: Pacific Hwy S Non -Motorized Corridor - 85% Design Report Financial Impacts: The cost to the City for Pacific Hwy S Non -Motorized Corridor project was included within the approved budget under Public Works Department Capital Project #36219. In accordance with the approved budget, this item is funded by federal STPUL grant, two federal CMAQ grants, a WSDOT Safe Routes to School grant, Traffic Impact fees and REET funds. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides a non -motorized shared -use path along the Pacific Highway S corridor, from S 308th Street to S 288th Street. The improvements will consist of a path, that for portions of the alignment will be located within the right-of-way along 16th Ave South, including a segment located within the partially unopened right-of-way along 16th Ave S, north of Dash Point Rd. The improvements will include pathway surfacing, minor grading, storm water infrastructure, illumination, and retaining walls. The project will be constructed in two phases. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: • Topographic Survey • Alternatives Analysis • Project Design to 85% • WSDOT Coordination • Neighborhood Meetings • Project Open House • Right -of -Way Plan Preparation • NEPA/SEPA Application & Approval • Preliminary Contract Specifications Ongoing tasks include • Utility Coordination • Final Contract Specifications • Project Design to 100% • Right of Way acquisition Rev 6/2019 Proiect Costs: Estimated Expenditures Design $ 940,000 Right -of -Way $1,365,000 Construction Phase 1 $1,920,500 Construction Contingency $ 288,000 Construction Mgmt & Inspection 376,500 $2,585,000 Construction Phase 2 $2,842,000 Construction Contingency $ 426,500 Construction Mgmt & Inspection $ 526,500 $3,795,000 Total Estimated Expenditures $8,685,000 Available Fundin Grant (Federal — STPUL) $ 550,000 Grant (Federal — CMAQ) $ 725,000 Grant (Federal — SRTS) $1,835,000 Grant (Federal — CMAQ) $3,600,000 Real Estate Excise Tax $ 973,000 Fuel Tax $ 493,000 Mitigation/Traffic Impact Fees $ 509,000 Total Available Budget $8,685,000 As the design proceeds, estimated costs will be refined. Phase 1 of the project is expected to go out to bid Spring 2023 after completion of the Right of Way acquisition. The project will be brought back to Committee and Council for approval to advertise at that time. Phase 2 construction is currently scheduled for 2026. 8e COUNCIL MEETING DATE: January 3, 2023 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA SILL SUBJECT: CITYWIDE PEDESTRIAN SAFETY IMPROVEMENTS — 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete the design and bid the Citywide Pedestrian Safety Improvements and return to LUTC and Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Civil Ent' _ _ DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 5, 2022. Options Considered: 1. Authorize staff to complete the design and bid the Citywide Pedestrian Safety Improvements and return to LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 3, 2023 City Council consent agenda for approval. MAYOR APPROVAL: II V Il 3 DIRECTOR APPROVAL: ! c l z91202'L C t-N' Cot tl InrtiaUDate Enitial.Dntc InitZ Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2023 consent agenda for approval. �._V�/ Chair 14k WrIsh, C mmittee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I m e to authorize staff to complete design and bid the Citywide Pedestrian Safety Improvements and return to L ITC and Council for bid award, further report, and authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Civil Engineer -SY, SUBJECT: Citywide Pedestrian Safety Improvements — 85% Design Status Report and Authorization to Bid Financial Impacts: The cost to the City for the Citywide Pedestrian Safety Improvements was included within the approved budget under the Public Works Department, Capital Project #36234. In accordance with the approved budget, this item is funded by federal HSIP grant and the remainder from Motor Vehicle Fuel Tax (MVFT). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements from operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BackEzround Information: This project provides installation of rectangular rapid flashing beacons (RRFBs), and median refuge islands at 8 locations throughout the City of Federal Way. Also included is associated ADA and utility work, pavement marking removal, sign post removal, relocation, or replacement as needed. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: y Progress to Date • Preliminary Contract Specifications • Geotechnical Investigation 85% Project Design Ongoing Tasks • Utility Coordination • 100% Project Design Final Contract Specifications Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Citywide Pedestrian Safety Improvements Page 2 Financial Summary: Estimated Expenditures: Design $335,997 Construction $1,114,000 Contingency (10%) $111,000 Construction Management and Inspection $175,000 Total Project Costs $1,735,997 Available Funding: Grant — Highway Safety Improvement Program (HSIP) $1,447,997 Fund 102 - Motor Vehicle_ Fuel T_ax_(MVM $288,000 Total Project Costs $1,735,997 Staff anticipates bidding this project Spring 2023 and construction begins summer 2023. 8f COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020-2021 NEIGHBORHOOD TRAFFIC SAFETY PROGRAM —PROJECT ACCEPTANCE POLICY QUESTION: Should the city Council accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tony Lind Paving, LLC., as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Civil Engineer-n\ DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 5, 2022. Options Considered: 1. Accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tony Lind Paving, LLC. as complete. 2. Do not accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tony Lind Paving, LLC., as complete. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 3, 2023 City Council consent agenda for approval. MAYOR APPROVAL: it Z 1DIRECTOR APPROVAL: -Z%,/ Com&ttec Wcuuncil � � Initial/Date Initial/Date InitialiDn[ COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2023 consent agenda for approval. mittee Chair Jai . ]$, Committ. Member Hoaniz Tran, -onimittee Member FkOPOSED COUNCIL MOTION: "I M�ve to accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tr w l - Lind Paving, LLC., as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director1116'r'6---- Jeff Huynh, Civil Engineer :V SUBJECT: 2020-2021 Neighborhood Traffic Safety Program — Project Acceptance Financial Imeacts: The cost to the City for 2020-2021 Neighborhood Traffic Safety Program was included within the approved budget. This item is funded $30,000 annually from 101 Fund Street Operations budget and $30,000 annually from 102 fund (MVET and REET). Additional funds for on -going operation and maintenance is included in the Streets Operations budget. Background Information: This project included discretionary work services such as installing traffic calming devices, speed humps, speed tables, extruded curbs, painting, and traffic circle islands. The City Council approved the award of this contract to Pac West Paving DBA Tony Lind Paving, LLC., on March 17, 2020 and approved a maximum contract amount of $66,000.00. Additional funds were approved by Council on February 15, 2022 for an updated maximum contract amount of $120,000.00. Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet the requirements of the State Department of Revenue, Employment Security, and Labor & Industries. The 2020-2021 Neighborhood Traffic Safety Program, constructed by Pac West Paving DBA Tony Lind Paving, LLC is complete. The final construction contract amount is $79,955.54. This is $40,044.46 below the authorized maximum contract amount. Rev 6/2020 COUNCIL MEETING DATE: January 3, 2023 ITEM #:8g _ -- --------- --- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MILITARY ROAD S PRESERVATION PROJECT — 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the Military Road S Preservation Project and return to LUTC and Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Civil EngineerV DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 5, 2022. Options Considered: 1. Authorize staff to complete design and bid the Military Road S Preservation Project and return to LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 3, 2023 City Council consent agenda fqWpproval. MAYOR APPROVAL: r � IRECTOR APPROVAL: `eL ( j?AI-Z ' Commit; C c. tiallAa[e fnrtiaErD: r lnitiaUDate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2023 consent agenda for approval. PROPOSED COUNCIL MOTION: "I rripi•e to authorize staff to complete design and bid the Military Road S Preservation Project and return to W,TC and Council for bid award, further report, and authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2022 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Civil Engineer-P SUBJECT: Military Road S Preservation Project — 85% Design Status Report and Authorization to Bid Financial Impacts: The cost to the City for Military Road S Preservation Project was included within the approved budget under the Capital Improvement Plan for Transportation Systems, Project #36236. In accordance with the approved budget, this item is funded by a federal grant in the amount of $600,000 and $650,000 from the Arterial Street Fund (102). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides improvements of Military Road S (South City Limits to S 320th St) of an HMA overlay including upgrade of facilities to meet ADA standards, pavement repair, and pavement markings. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: Progress to Date • Preliminary Contract Specifications • Project Design to 85% • NEPA Application & Approval Ongoing tasks include: • Utility Coordination • 100 % Project Design • Final Contract Specifications Project Estimated Expenditures Design $ 50,000 Construction Contract $1,000,000 Construction Contingency $ 50,000 Construction Mana ement & Inspection $ 150,000 Estimated Total Project Costs $1,250,000 Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Military Road S Preservation Project — 85% Design Status Report and Authorization to Bid _- Page 2 Project Available Funding Federal STP Grant $ 600,000 Fund 102 (Motor Vehicle Fuell Tax) $ 650,000 Total Available Budget $1,250,000 The total project costs will be refined and presented to the Committee and Council for bid awards. Staff anticipates bidding this project in February 2023 and construction begins summer 2023. Me* COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21sT AVE S AND S 320T" SIGNALIZATION AND PEDESTRIAN IMPROVEMENTS 85% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the 21" Ave S and S 3201h Signalization and Pedestrian Improvements and return to LUTC and Council at 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith P.E. Sound Transit Liaison - DEPT: Public WorksL -�..------------------------------ ------ Attachments: LUTC Memo dated Decmber 5, 2022 Options Considered: 1. Authorize staff to proceed with design of the 21" Ave S and S 320" Signalization and Pedestrian Improvements and return to LUTC and Council at 100% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Jr ,0"'-Cislaw DIRECTOR APPROVAL:C nmittInitial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January 3, 2023 consent agenda for approval. Cr Jackave tee Chair a�ti�Wall. Committee Member Hoang Tran, ommittee Member PROPOSED COUNCIL MOTION: "I mov * to authorize staff to proceed with design of the 21" Ave S and S 320`" Signalization and Pedestrian Irnprnve errts and return to the LUTC and Council at 100% design completion for further reports and authorization. (BELOW TO BE COMPLETED BY CITYCLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor ��,�j/'� FROM: EJ Walsh, P.E., Public Works Director' Kent Smith, P.E., Sound Transit Liaison/ SUBJECT: 21" Ave S and S 320" Signal ization and Pedestrian Improvements 85% Design Report Financial Impacts: The cost to the City for the 2I't Ave S and S 3201h Signalization and Pedestrian Improvements was included within the approved budget under the Public Works Department, Capital Project #36225. In accordance with the approved budget, this item is funded by a grant through Sound Transit 3 and the System Access Program and LIFT funds. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Infortmation: This project provides a new signal for protected east and westbound left -turning movements and a protected pedestrian crossing of S 3201h Street. With the eventual completion of the Federal Way Link extension and the Federal Way Transit Center Station, pedestrian traffic is expected to increase requiring improved pedestrian crossings across S 320th St. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: • Topographic Survey • Geotechnical Investigation • Lighting Analysis • Stormwater Memo ■ Project Design to 85% • Preliminary Contract Specifications • Traffic Signal Draft Report Ongoing tasks include: • Utility Coordination • Right -of -Way Acquisition • Traffic Report Rev 6/2019 December 5, 2022 Land Use and Transportation Committee 21" Ave S and S 320`h Signalization and Pedestrian Improvements Page 2 Funding Summary: Proiect Estimated Expenditures: Design $ 320,000 Right -of -Way $ 190,000 Construction Contract $ 959,000 Contingency $ 96,000 Construction Management & Inspection $ 155,000 Total Project Costs $1,720,000 Proiect Available Fundin Sound Transit System Access Grant $ 730,000 REET $ 345,000 Mitigation / Traffic Impact Fees $ 340,000 LIFT funds $ 305,000 Total Project Costs $ 1,720,000 Staff will bid this project after right-of-way acquisition is complete, currently anticipated to be July 2023. December 5, 2022 Land Use and Transportation Committee 21" Ave S and S 320`h Signalization and Pedestrian Improvements Page 2 8i COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DEMOLITION OF FORMER TARGET BUILDING — AUTHORIZATION TO BID POLICY QUESTION: Should Council authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding? COMMITTEE: Land Use and Transportation MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:.EJ Walsh, PE DEPT: Public Works Attachments: 1. Staff Report 2. Report on Feasibility of Building Demolition Options Considered: 1. Authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding, returning for authorization to award the project to the lowest responsive, responsible bidder. 2. Do not approve staff to solicit bids and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: � ` d DIRECTOR APPROVAL: Go c Coun Initial/Date Innesl;Dn[e lnmal; n[c COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1, authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding, returning for authorization to award the project to the loWt respoq ive, responsible bidder to je urY 3, 2023 consent agenda for approval. 1 A114W Chair Jack, alsh. Commi ee Member HoanR Tran. Committee Member PROPOSED COUNCIL MOTION: "I mane 6 authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding, relwr Mg for authorization to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICFJ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PE, Public Works Director SUBJECT: Demolition of former Target building — Authorization to Bid Financial Impacts: Demolition of the former Target Building, estimated at $600,000 was included in the previously presented and Council discussed ARPA funding priorities. No General Fund expenditures are proposed. The City routinely incurs costs associated with inspecting, mitigating vandalism and graffiti, completing abatement work, and re -securing the building. These ongoing costs, outlined below, would be primarily eliminated with the demolition of the building. Background Information: During the ARPA discussion, Council requested that prior to approving the Authorization to Bid the demolition of the former Target building, Public Works first have an Appraisal Firm review the impacts to the expected property price if the building were to be demolished and then the property sold verse selling the property with the building remaining in its current state. Second, Council requested a summary of the ongoing incurred costs associated with the building. As background, the building was originally constructed as a tilt up precast concrete building with a steel wire truss roof. The rooftop air handling units (AHUs), the electrical wiring, both inside and out, plumbing system, and communication systems were all either stolen or destroyed, prior to the City purchase. In 2014, the City purchased the former Target parcel. At that time the building had been repeatedly vandalized and both the building and surrounding property was in disrepair. Upon purchase, the City cleaned up the outdoor portion of the property, removed garbage, cleared overgrown landscaping, trimmed trees, secured the building, etc. Since the purchase, the City has looked at re -use several times, as well as reviewed the building with multiple developers looking to redevelop some or all of the parcel. Based on the extent of damage and the construction methods, all of the scenarios have determined that the building is not salvageable and it is more economically feasible to raze it and start over verse trying to rehabilitate it. Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Demolition of Former Target Building — Authorization to Bid Page 2 Impacts to Pro e - Pricin Following the ARPA discussion of Council, Public Works contracted with McKee Appraisal Real Estate Services & Consulting, Inc. to complete the Council requested analysis. They have provided analysis services to the City for this parcel in the past when the City has reviewed various other options. In summary of their findings: The market value of the former Target property will be increased by no less than the market cost to demolish the property. Their analysis looked at the impact of demolition on both the value of the property as well as a method to reduce risk to a future purchaser, making the parcel more marketable to potential buyers. The report also acknowledges that at the time of the City's purchase of the parcel (2014) the demolition cost was $250,000. In 2019 as part of a different analysis McKee performed for the City, the demolition cost was estimated at $385,000. Today's estimate for the demolition is $600,000. All three estimates include the same scope of work, demolishing the building and leaving the building footprint as a gravel lot, removing the light poles, however no removal of the existing paved areas, curbs, or landscaping. The full report is attached. Summary of Ongoing -Costs Multiple City departments are routinely involved in the continual abatement of the former Target parcel, including: Parks, Police, Public Works, Community Development (Graffiti abatement and shopping carts). In general, the various roles include: Parks — Regular inspection of the property and building exterior, securing the building, trash abatement around the building/parking area, landscaping, mowing Police — Providing security to onsite City staff, interfacing with anyone found on the property, clearing the building when we find it has been opened, offering connection with social services to anyone found onsite Public Works — Assisting Parks, trash abatement along the streets and parking areas, landscaping and mowing along S 316t" St and 23`d Ave S Community Development (Graffiti abatement and shopping carts) — Regular inspection of the building exterior, painting over graffiti, removal of abandoned shopping carts In general, for the purpose of a summary analysis the level of effort required can be broken into weekly, monthly and quarterly frequencies. December 5, 2022 Land Use and Transportation Committee Demolition of Former Target Building — Authorization to Bid Paee 3 Dept - Task Times Weekly total hours* Times Monthly (total hours*) Times Quarterly (total hours*) Parks — Inspection 1 3 Parks — Trash abatement 2(8) Parks — landscaping 1 (2) Parks — mowing 1 2) Parks — securin . buildin 2 (16) Police 3 8 Public Works —Assisting Parks 1 (16) Public Works — Trash abatement 1 (2) Public Works — Landscaping 1 12 Public Works — Mowing 1 (4) Community Development - Inspection 1 (1) Community Development — Graffiti abatement / shopping carts 1 (6) 1 (12) * Total hours is inclusive of average number of staff multiplied by average time spent. IE for a 2-hour task that takes 2 staff, the total hours is 4. Weekly Monthly uarterl Total Hours 14 38 40 To provide a conservatively low summary cost estimate, a benefited hourly rate of a Maintenance Worker 2 was used ($46.65/hr) to determine the costs below. Much of the above work is conducted by employees at a higher pay scale. Additionally, no material costs (cost of disposal, paint, materials to re -secure the building, etc. have been included). Quarterly the City is spending a combined average of 322 hours, equating to $15,021. Annualized, that equates to approximately $60,000 in labor cost. 0 McKee Appraisal Real Estate I Consulting November 15, 2022 E J Walsh Director of Public Works City of Federal Way 33325 8th Ave S Federal Way, WA 98003 Regarding: Feasibility of Building Demolition Former Target Property 2141 S. 314th Street Federal Way, Washington Dear Mr. Walsh: At your request and authorization, I have prepared this consulting report outlining my findings and opinions regarding the proposed building demolition referenced above. Overview The City of Federal Way owns a tax parcel totaling 243,933 sf of land area, or about 5.6 acres. There is one building on the subject site which is a 98,309-sf masonry big box store with an additional 3,600 sf office mezzanine. The building was built in 1998 of masonry block construction and has been vacant for some time. The building has been damaged and vandalized, including removal of copper improvements. The building does not contribute to the underlying property value, and the highest and best use for the property is removal of the building and redevelopment to the highest and best use. The City plans to eventually sell the property. The City is considering demolishing the building in the near future. The issue at hand is the economic feasibility and prudence of potential demolition of the building by the City. The demolition of the vacant and vandalized building structure would be at some cost, and the question is whether the property would increase in value as a result of the expenditure, and if so whether the increase would be commensurate with the cost. This is a topic in which I have considerable experience and expertise as a result of my practice and past valuation assignments. I frequently analyzed the cost and value impact of demolition of commercial buildings. I am familiar with subject the property, and the scope of my work for the City includes a brief analysis of the issues, and transmission of this brief letter outlining my experience and findings relative to the subject property. The work does not include any specific valuation, and is not an appraisal but rather is consulting work as defined under the Uniform Standards of Professional Appraisal Practice. 1200 6th Avenue, Suite 1805, Seattle, Washington 98101 Tel:206.343,8909 1 www.msreal.com I Fax:206.386.5777 Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 2 Demolition of the Building The building itself is physically damaged, unoccupied, and functionally obsolete. The property was originally purchased by the City in November 2014 for land value, with the buyer intending to demolish the building, with demolition cost at the time estimated at about $250,000. Our company appraised the property for the City in 2019, at which time demolition cost was estimated at $385,000. Today the cost estimate is about $600,000, or about $6/sf of building area which is fairly consistent with indications from comparable situations. Most of the increase in estimated demolition cost can be attributed to cost escalation (for instance the Mortenson Cost Index for commercial construction in the Seattle area is up 32% from 2020 to 2022). The Impact of Demolition on the Value of Property A knowledgeable potential buyer of the subject property will examine the property carefully in conjunction with establishing an offer price. The buyer will be planning to purchase the property, plan for the redevelopment of the property (including land use planning, and planning/permitting for building construction), then constructing the redeveloped improvements. Commonly the buyer will perform a detailed financial analysis of cost, and eventual value. Costs are sequenced and estimated, including planning costs, holding costs, demolition cost and new building construction cost. Demolition of obsolete buildings is common and frequent in conjunction with site purchases for redevelopment. There is no question that a buyer of a similar property with the building demolished will not need to later incur a demolition cost, and therefore will pay a higher price for the property. The question at hand is how much the net value of the property would be increased if the demolition occurs before sale of the property - will the value of the property be increase by less, more, or about the same amount as the cost of the demolition. If the value is increased by as much or more, than demolition by the seller is economically feasible. . Several factors are relevant and should be analyzed, as follows: Constractioii cost saz4ng to a purchaser First and most obviously, a buyer of the property is willing to pay more if they have a lower cost of development (or redevelopment). For valuation purposes this is essentially a dollar -for - dollar relationship; the value of the property once construction is complete will be the same, so any cost saved in construction shows up on the bottom line as additional value of the same McKee Appraisal Real Estate Services & Consulting, Inc. Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 3 amount when the development property is first purchased. Notwithstanding the complex but relatively minor nuances of discounted cash flow and return analysis (including for instance the cost of capital, sequencing and timing of demolition, operating expenses incurred during the planning period as discussed below, and risk -adjustment to required return rates relative to ownership for some time of any empty building), a buyer is willing to pay a dollar more for the site for every dollar they save on demolition. In an environment where tight labor and material costs have led to very significant construction cost inflation, planning and site preparation costs (including demolition) are frequently front -loaded in the development process, so the discounting of a future cost of demolition (unknown but likely higher than today) is not a significant factor in the value analysis for the site, and a saved demolition cost drops through as a direct and roughly equivalent increase in the value of the property to be purchased. ftrating and cal itat cost sw7i?zg tr) a rrrchaser A development cash flow analysis will account for holding cost throughout the development timeline. For a building prior to demolition those costs may include minor essential maintenance, utilities, insurance, the cost of physically securing the property (with secure fencing, window boarding, entry and roof security for instance), and security services as an operating expense. The security problem and cost for vacant buildings in the Seattle area can be particularly problematic and has become increasingly apparent, largely as a result of extensive homelessness and an apparent rise in lawless activities that are best hidden from sight. The recent history of the subject itself is a case example of the cost and liability that may be incurred by the owner of an unoccupied building (please note however that this demolition analysis focuses on the value to a buyer at the time of purchase, and not to the additional benefit of the cost savings to the City in advance of sale). From a buyer perspective, the sooner the building is demolished the lesser these costs and risks will be incurred. A purchaser of a property with the building already demolished will not only save the demolition cost, they will also receive a property without additional holding costs, a positive valuation factor beyond just the cost of demolition savings. Finally, they will save the cost of investigating the building before purchase, and planning cost associated with obtaining a demolition permit. Holding cost saz�U to a Oirdiaser A development cash flow analysis will account for holding cost throughout the development, including significantly the cost of equity or debt capital that is expended on the date of purchase. For this and other reasons, developers will normally plan to begin construction as soon as possible, including beginning planning and permitting even before closing for instance. A property with a building has complication compared to a vacant land parcel, including the time needed for planning and permitting the demolition itself, and including environmental site investigation that may be required to be performed under the building after demolition (or McKee Appraisal Real Estate Services & Consulting, Inc. Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 4 alternatively a higher environmental investigation cost if the building is in -place at the time of purchase, with some direct cost saving if the building is not present and the investigation can be performed before purchase). Under any circumstance the development site without a building needing demolition is closer in situation and time to redevelopment. The earlier redevelopment will normally result in a much higher value for the purchaser discounted cash flow or other value analysis, saving holding/capital/opportunity cost and also mitigating market risk (subject to the risk discussion below), and resulting in a higher value at the time of purchase. Dirnmislwd risk to a 1nirchaser A purchaser's cash flow value analysis will account for higher risk with a higher discount rate, debt rate, or equity capital. rate. Higher rates will lower cash flow and/or value. Conversely, buyers will pay more for properties with lesser risk, assuming all other factors are equal. The presence of a large building requiring demolition prior to redevelopment increases the risk and lowers the value of the initial site investment. First, as discussed above the time to plan and begin to construct will normally be shorter without the additional process of demolition, meaning that the earlier construction completion will slightly lower the risk of changing market conditions, which increase over time. Also, the risk of unapparent conditions leading to cost overruns (often accounted for as "contingency' costs) also diminishes without the demolition phase of the construction. Simply stated the buyer of a vacant site perceives a simpler and less risky development process than the buyer of a site with a large building, and will pay somewhat more for the property due to the diminished investment risk. Conclusions Normally, appraisers and purchasers of development property will account dollar -for -dollar for discrete cost saving issues such as building demolition cost. My common practice with similar situations is to first value the property as if vacant, and then subtract the estimated cost (hard cost with contingency at a minimum, with owner effort or cost also frequently accounted in addition), to arrive at the value "as -is", or what it would sell for with the condition present at sale. An example for instance is our company's appraisal of the subject property in 2019, with a stated estimate for demolition at $385,000: Parcel Former Target APN 921049011 Land Area 243,993 Land ValuelsfUnencumbered $39 Land Value Unencumbered S9.51532 Less Demolition of Target Building -S385000 Less Residential construction Fee -Sl87.500 Value Before Consider OE-k Buyout S8943.221 McKee Appraisal Real Estate Services & Consulting, Inc. Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 5 (Note that this was not the final appraised value but a subtotal, as there were other complicating conditions also considered). As can be seen the analysis is lowered by the $385,000 demolition cost, recognizing that a buyer will incur the necessary cost to demolish, and that the value that would otherwise be present is diminished commensurate with the cost. Turning this around to today's situation, it is my opinion based on this analysis and my experience with other similar situations and transactions, that the market value of the former Target property will be increased by no less than the market cost to demolish the property. Please note that I have not examined or validated any specific demolition plan or cost in conjucnction with this analysis. Respectfully, &r-1- kKe c, Bates McKee, MAI, CRE, AI-GRS attachments: Experience & Qualifications McKee Appraisal Real Estate Services & Consulting, Inc. McKEE APPRAISAL REAL ESTATE SERVICES & CONSULTING, INC. 1200 Sixth Avenue, Suite 1805, Seattle, Washington 98101 Telephone (206) 343-8909 Fax (206) 386-5777 EXPERIENCE & QUALIFICATIONS BATES MCKEE, MAI, CRE, AI-GRS Mr. McKee co-founded the firm McKee Appraisal in 1990. McKee Appraisal specializes in the economic analysis of real estate, employing valuation professionals and providing critical analysis and information to corporate, government and private clients nationwide. Mr. McKee graduated from the Massachusetts Institute of Technology (MIT) where he received a Bachelor of Science Degree in Earth & Planetary Sciences, with a Minor in Writing. He also completed the O-Degree program in Geology at Edinburgh University, Scotland, in 1978. Mr. McKee received the MAI (Member of Appraisal Institute) designation in 1988, after employment with the Seattle firm of Shorett & Riely in 1984. Mr. McKee is a Certified General Real Estate Appraiser, and adheres to the standards and ethics of the Appraisal Institute. Mr. McKee is past Chair of the Seattle Chapter Education Committee, and was elected as Regional Director for the Appraisal Institute in 2005. Mr. McKee was awarded the Counselors of Real Estate (CRE) designation in 2008 and the Appraisal Institute - General Review Specialist (AI- GRS) designation in 2016. He served as the Chair of the Pacific Northwest Chapter of the Counselors of Real Estate from 2011 to 2013. In his appraisal experience, Mr. McKee has appraised and analyzed a wide variety of commercial property types, and provided critical consultation and litigation services to a diversified range of clients. In addition to managing operations and education at McKee Appraisal, he frequently represents both property owners and governmental agencies in appraisal and litigation. Project appraisal work includes acquisition for all segments of Sound Transit Link light rail, the Alaskan Way Viaduct replacement project, the Yellowstone retail stores, Interstate 90 and the Seattle Waterfront project. He has particular expertise in institutional portfolio valuation, leased fee and leasehold financial valuation, consulting, mediation and dispute resolution, and the valuation of tunnels and easements. He is a frequent educational speaker and lecturer for attorneys, appraisers and real estate consultants. Mr. McKee was previously employed as a geologist with Roger Lowe Associates, Bellevue, Washington. His work included site evaluation of geologic and hydrologic conditions and hazards, economic feasibility analysis, and construction inspection. Mr. McKee was employed as a physical oceanographer with the research company SAIC. Mr. McKee was an independent investment manager and analyst. He authored Optival, a computer program for analyzing and valuing stock options, and was also employed as an investment software developer with Expert Systems, Inc., Redmond, Washington. McKee Appraisal Real Estate Services & Consulting, Inc. 0 COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY DEVELOPMENT DIRECTOR CONFIRMATION — KEITH NIVEN POLICY QUESTION: Should the City Council ratify the Mayor's appointment of Keith Niven as Community Development Director? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, City Administrator _ _ ^ DEPT: Administration Attachments: 1. Staff Memo Options: 1. Approve the Mayor's appointment of Keith Niven as Community Development Director 2. Do not approve the Mayor's appointment MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A R APPROVAL' 1'2127/"7234 PM Initial/Date PROPOSED COUNCIL MOTION: "I move to confirm the Mayor's appointment of Keith Niven as Community Development Director. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 27, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: Community Development Director Confirmation — Keith Niven Mayor Ferrell has nominated Planning Manager and Interim Community Development Director Keith Niven as Community Development Director. Keith previously held the same position of Community Development Director for the City of Issaquah prior to coming to Federal Way in March of 2021. Keith earned his BS in Design and Masters of Environmental Planning from Arizona State University. He has worked in local Planning for over 20 years that includes Special Projects Planner 1, Aviation Department Aviation Planner, and Development Services Planner 2 for the City of Phoenix; Associate Planner for the City of Auburn; and MDRT Program Manager, Economic Development Director and Community Planning & Development Director for the City of Issaquah. Keith obtained the American Institute of Certified Planners with the American Planning Association and Certified Economic Developer with the International Economic Development Council. Rev. 7/18 w COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a member to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are appointed by the City Council to serve three-year terms (per FWRC 2.50.030). There are currently three vacant voting positions and two alternate positions due to term expirations and previous council appointments. One application was received in response to the City Clerk's recruitment process. At their January 3, 2023 Special Meeting the City Council interviewed Kenny Byrne who is a current commissioner in good standing seeking reappointment. Options Considered: i. Appoint Kenny Byrne as a voting member of the Arts Commission with a term to expire December 31, 2025. 2. Direct the City Clerk to advertise for additional applicants for the Arts Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move to appoint Kenny Byrne as a voting member of the Arts Commission with a term to expire December 31, 2025. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # re - COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Human Services Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney Ci Clerk DEPT: Mayor's Office Background: The Human Services Commission is comprised of nine (9) voting members and up to three (3) alternates who are appointed by the City Council to serve three-year terms (per FWRC 2.55.020). There are currently three vacant voting positions and two alternate positions due to term expirations. Six applications were received in response to the City Clerk's recruitment process. At their January 3, 2023 Special Meeting the Council interviewed applicants seeking appointment to the Human Services Commission: three seeking reappointment Kathryn Scanlon, Betty Taylor and Vivian Alexander; and three new applicants Shermoin Clardy, Chika Onyejiaka, and Elizabeth Hughes. Options Considered: 1. Make appointments to Human Services Commission as follows: Type Position Ternl 7 1. Voting 01/31/2026 8 2. Voting 01/31/2026 9 3. Voting 01/31/2026 A 4. Alternate 01/31/2024 A 5. Alternate 01/31/2026 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: f Committee Council nisiaf ata Initial/Date Initial/Date MOEMq PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IIT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SENIOR ADVISORY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Senior Advisory Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: Per Federal Way Revised Code 2.62.030, the Senior Advisory Commission is comprised of up to nine voting members and three alternate members who are appointed by the City Council. Members and serve three-year terms without compensation. Currently there is one vacant voting position as well as three alternate positions due to term expirations. Two applications were received in response to the City Clerk's recruitment process. At their January 3, 2023 Special Meeting the City Council interviewed Debbie Harvey and Elizabeth Hughes. Options Considered: 1. Make appointments to the Senior Advisory Commission as follows: Pos. Name _T.e.Positiao Term. 2 1. Voting 08/31/2025 A 2. Alternate 08/31/2025 2. Direct the City Clerk to advertise for additional applicants for the Senior Advisory Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:VdU 1AIS [UK/ Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Senior Advisory Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # 10a COUNCIL MEETING DATE: January 3, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: ORDINANCE: COMPOST PROCUREMENT PER 11111799 (ORGANICS MANAGEMENT LAW) POLICY QUESTION: Should the City Council adopt an ordinance to establish procurement standard, reporting, and outreach related to compost products used in government -funded projects and maintenance? COMMITTEE: Land Use and Transportation MEETING DATE: Dec. 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Colleen Mi , Public Education and Outreach Supv. DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: LL! t Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023. Chair Ja& Walsh. C/ammittee Member Hoana Tran,Committee Member PROPOSED COUNCIL MOTIONS: FIRST READING OF ORDINANCE (JAN UARY 3, 2023): "1 move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 17, 2023): "1 move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CIT I' CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— I/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Colleen Minion, Education and Outreach Superviso�� SUBJECT: Ordinance: Compost Procurement per HB 1799 (Organics Management Law) Financial Impacts: The cost to the City for adoption of this Ordinance will be nominal. Procurement of compost products resulting from State Law requirements will be included in ongoing maintenance or in applicable project -specific developments, as has occurred over time. Required reporting will be streamlined to minimize impacts to staff time. Required education and outreach will be funded by ongoing solid waste and recycling grants, and will dovetail with related outreach. Background Information: In 2022, the Washington state legislature passed House Bill 1799, more broadly known as the Organics Management Law, which is Chapter 180, Laws of Washington 2022, which included a requirement for larger cities to adopt a compost procurement ordinance. The attached draft ordinance is intended to meet requirements established by this Law. The ordinance: A. Sets definitions along with compost quality and source specifications, including reasonable exceptions (price, quality, availability, etc.) B. Establishes that compost procurement is to be considered as part of specified government funded projects, including: 1. Landscaping projects; 2. Construction and postconstruction soil amendments; 3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and 4. Low -impact development and green infrastructure to filter pollutants or to keep water onsite or both. C. Provides a priority for purchasing certified compost products from local sources that meet quality standards. D. Requires biennial compost purchasing reporting to the State. Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Ordinance: Compost Procurement per HB 1799 Page 2 E. Requires education and outreach to residents to highlight the benefits of compost use in City operations. Broader Impacts of the Organics Management Law: Adoption of this Ordinance is a relatively minor component of the Organics Management Law. This legislation sets a goal of a reducing landfilling of organic waste by 75% by 2030. To achieve this, the Organics Management Law addresses many other topics related to compost, food waste prevention, and trash hauling. In addition to encouraging compost procurement by local governments, the Law focuses on: • Updating compostable packaging specifications as well as compostable foodservice ware standards • Setting penalties and a reporting process for specific violations of the Law • Encouraging farm composting practices as well as use of compost products in farming • Establishing a statewide agency "The Center for Sustainable Food Management" promoting food waste reduction and reducing disposal of organic materials in landfills • Updating Good Samaritan Laws regarding food donation and increasing edible food diversion into feeding programs, and • Mandatory compostables collection services for businesses Mandatory compostables collections will be phased -in, starting with larger waste generators. Businesses that generate over eight cubic yards of organic material waste per week must participate in compost collection starting in 2024, with smaller waste generators following suit in 2025 and 2026 (subject to Washington Department of Ecology ruling regarding "reasonable" cost). Public Works will dedicate grant funding and outreach resources to help businesses come into compliance with the new requirements. Public Works will also determine if amendments are required to our existing solid waste and recycling services contract with Waste Management, but the current contract does establish rates for cart -based compostable collections for commercial customers. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to procurement of compost products. WHEREAS, in 2022, Washington state enacted House Bill 1799, Chapter 180, Laws of 2022 ("Organics Management Law"), which included a requirement for cities to adopt a compost procurement ordinance; and WHEREAS, use of compost products supports waste reduction and climate protection policies established in the 2019 Comprehensive Solid Waste Management Plan which was approved and adopted by the City via Resolution 19-771; and WHEREAS, the City will endeavor to procure high -quality compost products for use in City - funded projects and maintenance, as appropriate for specific project needs, and will track and report on compost procurement in accordance with the Organics Management Law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Compost Defined. For the purposes of this ordinance, unless the context clearly requires otherwise, "compost" means a product created with "composted material" as defined in RCW 70A.205.015(3). "Compost" includes, but is not limited to, one hundred percent finished compost or blends that include compost as a primary ingredient. Mulch is "compost" if it contains a minimum of sixty percent composted material. Section 2. Planning and Use Requirements. Before issuance of a solicitation for bids or proposals for partially or fully government -funded projects, the City shall identify whether compost can be utilized. In the event that compost can be utilized, the City shall specify purchase of compost Ordinance No. 22- — Page 1 of 5 for use in the project. The City shall plan for the use of compost in any of the following categories that are applicable to the City's operations and respective project types: 1. Landscaping projects; 2. Construction and postconstruction soil amendments; 3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and or both. 4. Low -impact development and green infrastructure to filter pollutants or keep water onsite Section 3. Exceptions. The City is not required to use compost products if: 1. Compost products are not available within a reasonable time; 2. Compost products that are available do not comply with existing purchasing standards; 3. Compost products that are available do not comply with federal, state, or local health, quality, and safety standards, and/or cannot be guaranteed or warrantied by the producer to be free of weeds and/or weed seed; or 4. Compost purchase prices are not reasonable or competitive. Section 4. Purchasing Priority. Departments shall give priority to purchasing compost products from companies that: 1. Produce compost products locally; 2. Are certified by the United States Composting Council or an equivalent nationally recognized organization; and Ordinance No. 22- Page 2 of 5 3. Produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the Washington State Department of Transportation or adopted by rule by the Washington State Department of Ecology. Section 5. Reporting. City Departments that use compost shall report the following information to the Public Works Director or designee by December 1 of each year: 1. The volume and cost of compost purchased by that Department in that year; and 2. The source or sources of the compost purchased by that Department in that year. The Public Works Department is responsible for compiling and submitting a report to the Washington State Department of Ecology by December 31, 2024, and each December 31 of even - numbered years thereafter, with the following information: 1. The total tons of organic material diverted each year; 2. The volume and cost of compost purchased in that reporting period by the City; and 3. The source or sources of the compost purchased by the City pursuant to this Ordinance in that reporting period. Section 6. Education. The Public Works Department shall develop strategies to inform residents about the value of compost and how compost is used in City operations. These strategies shall align with regional outreach programs included in the Comprehensive Solid Waste Management Plan. Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way Ordinance No. 22- Page 3 of 5 hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY Ordinance No. 22- - Page 4 of 5 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 5 of 5 10b COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 8.43 WEIGHT AND LOAD REGULATIONS POLICY QUESTION: Should an ordinance be adopted amending Federal Way Revised Code Chapter 8.40.030 and adding new Chapter 8.43 establishing weight and load restrictions within the city? COMMITTEE: LUTC MEETING DATE: December 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott, P.E., Development Services DEPT: Public Works Manager Attachments: 1. Staff Report 2. Ordinance Options Considered: - 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECONIiIENDe . IOM1: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: '�+� 170- Coo tec 'uunc � Ini�al�f]ate Initial/Date [ort7n1; is COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023. Comittee Chair orriinittee Member Cammitte ember PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE JANUA Y 3, 2023: "I move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JANUARY 17, 2023: "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED 0 DENIED © TABLED/DEFERRED/NO ACTION ❑, MOVED TO SECOND READING (ordinances only) REVISED— 11/2019 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # J CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Cole Elliott, P.E., Development Services SUBJECT: Ordinance 8.43 Weight and Load Regulations Financial Impacts: The revenue to the City for Ordinance 8.43 Weight and Load Regulations will be an annually adjusted right-of-way permit fee and will be credited to the Public Works, budget line 101. Back1round Information: The City has experienced a marked increase in the daily travel of oversized and overweight vehicle loads over recent years. Many of these loads do not travel on the City's designated truck routes which increases the wear and damage upon those streets. In an effort to work cooperatively with the haulers to minimize the wear and damage upon City streets and infrastructure, to assess the risk, to determine any damage and to establish the legally responsible party the Ordinance is proposed. Currently, the Federal Way Revised Code (FWRC) does not detail the mechanism for obtaining a special oversized or overweight load permit and does not provide an enforcement provision for failure to obtain a permit. Rev 7/l8 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Weight and Load Regulations; amending FWRC 8.40.030 Designated vehicle routes; and adding a new Chapter 8.43 FWRC, Weight and Load Regulations, including sections 8.43.010, 8.43.020, and 8.43.030. (Amending Ordinance Nos. 00-365, 91-103, and Resolution No. 09-539). WHEREAS under Chapter 8.40 of Federal Way Revised Code ("FWRC"), the City of Federal Way ("City") has designated certain truck haul routes within the City, and restricted all other streets within the City to allow only vehicles under 30,000 pounds gross weight, with certain exceptions for local deliveries; and WHEREAS the City has experienced a marked increase in the daily travel of oversized and overweight vehicle loads over recent years; and WHEREAS many of these oversized and overweight vehicle loads do not travel along the City's designated truck haul routes; and WHEREAS the City desires to minimize the wear and damage upon the City streets and infrastructure by haulers planning and assessing proposed routes; and WHEREAS the City desires to work cooperatively with haulers and assess risk and damage upon the legally responsible party; and WHEREAS under Chapter 46.44 RCW, cities are authorized, with respect to public highways under their jurisdiction, to require and authorize a special permit for operation of vehicles exceeding the statutory size, weight, and/or load maximums established in said chapter; and WHEREAS the FWRC does not currently detail the mechanism for obtaining such a special permit, or the associated provisions, standards, and enforcement with respect to such special permit; Ordinance No. 22- Page I of 5 and WHEREAS the City desires to explicitly codify the special permit requirement and all associated provisions, standards, and enforcement, in order to provide clarity to regulated haulers and to improve permitting consistency and efficiency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.40.030 is hereby amended as follows: (1) The public works director shall erect, or cause to be erected and maintained, signs designating the following public highway, streets and thoroughfares within the city as vehicle routes for all vehicles rated in excess of 30,000 pounds gross weight (gw) as defined by RCW 46.16.111, which is adopted by this reference: (a) State Route 5, Interstate Highway 5; (b) State Route 18, State Route 99 to State Route 5; (c) State Route 99, Pacific Highway South; (d) State Route 161, Enchanted Parkway; (e) State Route 509, Dash Point Road; (f) South 320th Street, State Route 99 to State Route 5; (g) 16th Avenue South, State Route 99 to State Route 18; (h) Milton Road South, State Route 161 to South 369th Street; (i) South 356th Street, State Route 99 to State Route 161. (2) All other streets within the limits of the city shall be restricted to allow only vehicles rated under 30,000 pounds gross weight, except as provided for in FWRC 8.40.040, or as authorized by special Ordinance No. 22- Page 2 of 5 permit under Chapter 8.43 FWRC. Section 2. Chapter 8.43, Weight and Load Regulations, of the Federal Way Revised Code is hereby added to Title 8, Traffic and Vehicles, to read as follows: 8,43.0I0 Purpose. The purpose of this chapter is to establish a special permit requirement pursuant to RCW 46.44.090 for oversized or overweight loads in the City, with associated provisions, standards_,and enforcement. 8.43.020 Special permits for oversize or ovenvei ht movements. 1 Permit required No vehicle of a size weight, or load exceeding the restrictions set forth in RCW 46.44.020 46.44.030, 46.44.034 or 46.44.041 as the same now exist or may hereafter be amended may operate or move upon city streets without a special ermit as provided in this section. In addition, and not by way of limitation. no vehicle rated in excess: of 30,000 pounds gross weight znay_ operate or move upon city streets without a special permit as provided in this section, unless such vehicle is operating and moving exclusively on designated truck routes pursuant to FWRC 8.40.030(l). or is exempt from the designated truck route restriction under FWRC 8.40.040(1). (2) Application, issuance, con1pliance. The public works director. mM, pon written application. issue a special permit electronically_ or in writing authorizing the appl c-ant to operate or move upon such city streets as the public works director deems suitable and capable of withstanding increased load without undue iniga to the street. The a licant shall comply with all rules re ulations terms, and conditions of the s ecial permit. {3) License required. No special permit for an overweight vehicle or combination of vehicles shall be issued to anv vehicle or combination of vehicles unless such vehicle or combination or vehicles is Ordinance No. 22- Page 3 of 5 licensed for the maximum gross weight allowed by law. (4) Fees. Special permit fees, including any associated route inspection fees prior to and/or after haul, shall be assessed and collected by the city as set forth in the applicable section ofthe current_fee schedule. (5) Suspension or revocation ofpermit. If the public works director determines that a vehicle or a combination of vehicles is operating in violation of the conditions of a permit issued under this chapter, the public works director may suspend or revoke the permit in writing for a period not to exceed one year. The permit holder may file a request for review of the public director's decision to suspend or revoke the permit in writing on the form provided by the city within 14 calendar dqys of the public works director's written notice of the suspension or revocation. The failure to timely file such a request shall constitute a final bar to later seek such review. No administrative fee will be imposed for the request, and the director of public work$ shall issue their determination in writiniz. 8.43.030 State statutes adopted. RCW 46.44.095 and RC W 46.44.105, as the same now exist or are hereinafter amended, are adopted by reference. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 22- Page 4 of 5 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 5 of 5 10C COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PLANNING COMMISSION CODE AMENDMENT POLICY QUESTION: Should the City Council amend Chapter 2.90 of the FWRC to allow alternates of the Planning Commission to serve as full members when needed to meet quorum requirements? COMMITTEE: Land Use & Transportation MEETING DATE: Dec 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYORS RECOINIMEND.A�ION: Option 1. MAYOR APPROVAL: �C�� l_1--fit d -DIRECTOR APPROVAL: BD 1 1/28/22 ("rsnrrifter / /"/ oun— /f j� InitiaVDate Irntial•Damc EnitIal: atc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on 11312023. FIRST READING OF ORDINANCE (1/3123): "I move to forward approval of the proposed ordinance to the January 17, 2023 Council Meeting for enactment. " SECOND READING OF ORDINANCE (1/17/23): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # MAW CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, CD Director Keith Niven, Planning Manager SUBJECT: Planning Commission Code Amendment Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: The proposed code amendments for the Planning Commission were initially included in the 2021 various code amendment package. Following the hearing at the Planning Commission on the 2021 proposed code amendments, the amendments relating to the Planning Commission were not forwarded to the City Council for their consideration. The reason for this action was that it was believed there would be a near -term larger effort to revise all codes relating to the City's Commissions'in an attempt to render them more consistent with each other. However, that work effort has not moved forward over the past year. Because of the pending Periodic Update of the City's Comprehensive Plan as well as other time - sensitive work, it is imperative for the Planning Commission to be able to hold their meetings. Therefore, it is recommended these code amendments move ahead at this time, and any changes to render the Planning Commission code consistent with an overall revision of all codes relating to City Commission can be implemented at the time. such an overall revision occurs. Proposed Code Amendments (Purpose): The proposed amendments to Title 2 are intended to improve the ability of the Commission to be able to make quorum requirements. Procedural Summary: The procedure followed for making this amendment is shown below: 08/31/21: 60-day Notice of proposed changes to development regulations sent to Commerce 11/05/21: Public Notice of SEPA Decision published and posted (website) 11/05/21: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 11/17/21: Planning Commission Briefing 11/19/21: End of SEPA Comment Period 12/01/21: Public Hearing 12/10/21: End of SEPA Appeal Period 01/19/22: Public Hearing Continuation 12/5/22: December 5, 2022 1/3/23: City Council 1st Reading Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 2 1/17/23: City Council 2nd Reading Planninz Commission Recommendation: The Planning Commission conducted Public Hearings on December 1, 2021, and January 19, 2022. Following extensive public input and Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code changes to the City Council with a recommendation for approval. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide direction to staff. Mayor's Recommendation: Based on the recommendation from the Planning Commission, and the above analysis and decision criteria, the Mayor recommends that the proposed amendments to Title 2 FWRC relating to the Planning Commission be approved. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the City Planning Commission; amending FWRC 2.90.020, and repealing FWRC 2.90.030. (Amending Ordinance Nos. 90-43 and 96- 272) WHEREAS, the City recognizes the need to periodically modify various Titles of the Federal Way Revised Code ("FWRC") in order to conform to state and federal law, codify administrative practices, clarify and update regulations as deemed necessary, and improve the operation of City processes; and WHEREAS, the City has established a Planning Commission pursuant to Chapter 2.90 FWRC, and consistent with Chapter 35.63 RCW; and WHEREAS, the jurisdiction, powers and authority of the Planning Commission are established in Chapter 19.80 FWRC; and WHEREAS, the Planning Commission's ability to meet quorum requirements is important to the performance of its duties, including the efficient review of certain planning activities; and WHEREAS, this ordinance, contains amendments to the Planning Commission membership designed to facilitate the Planning Commission's ability to meet quorum requirements and therefore improve meeting predictability and overall commission efficiency; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code amendment on December 1, 2021, and January 19, 2022; and thereafter forwarded a recommendation of approval to the City Council; and Ordinance No. 23- Page 1 of 4 WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered this code amendment on December 5, 2022, and recommended adoption of the code amendment as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2.90.020 FWRC is hereby amended to read as follows: 2.90.020 Membership and Appointment. (1) The planning commission shall consist of up to seven members and three alternate members appointed by the city council. An alternate member may serve as a fall member of the planning commission to meet quorum requirements for voting, holding a meeting, or holding a hearing- (2) The planning commission shall serve without compensation. (3) Each member and alternate member shall serve a term of four years- The city council shall. annually appoint new members to fill the _expiring terms on the planning commission. If, for any reason, a vacancy occurs during the term of a planning commission member or alternate member, the city council shall appoint a new member or alternate member to fill the unexpired term. The city council may remove a planning commission member or alternate member at any time if the city council determines that member or alternate member is not fulfillina his or her responsibilities to the satisfaction of city council. Ordinance No. 23- Page 2 of 4 (4) All members and alternate members of the planning commission may be reappointed as many consecutive times as city council deems appropriate and may serve until their successors are duly appointed by city council. (5) Persons appointed to serve on the planning commission shall reside within the incorporated city limits, and have an interest in land use and planning issues and a commitment to the planned development of the community. Section 2. FWRC 2.90.030 is hereby repealed in its entirety. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. Ordinance No. 23- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 4 of 4 COUNCIL MEETING DATE: January 3, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 10d ITEM #: SUBJECT: ORDINANCE: ICONIC SIGNS CODE AMENDMENT POLICY QUESTION: Should the City Council amend Chapters 19.05 and 19.140 of the FWRC to create a provision for Iconic Signs within the City Center portion of Federal Way? COMMITTEE: Land Use & Transportation MEETING DATE: Dec 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: f DIRECTOR APPROVAL: BD 11/22/22 C' tt CORn Initial/Date lnniaVDatc lnifial( ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023 Chair Ja. , _ mrnittee Member Hoang Tran, omrnittee Nrember PI10110SH) COUNCIL MOTION(S): FIRST READING OF ORDINANCE (113/23): "I move to forward approval of the proposed ordinance to the January 17, 2023 Council Meeting for enactment. " SECOND READING OF ORDINANCE (1/17/23): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFIC COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # i/ J ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # J CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, CD Director Keith Niven, Planning Manager SUBJECT: Iconic Signs Code Amendment Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: Planning staff are working on a number of code amendments for the CC-C zone (2023 Comprehensive Plan Amendment). These code amendments are aimed at helping to ensure that when the area redevelops, it will redevelop in a way that supports the goals and visions for downtown Federal Way — that of a dense, walkable, and memorable heart of the city. There are a number of ways to improve the likelihood the development of the City Center parcels achieves this goal. These include: 1) ensuring new building are built at a density that supports non -motorized mobility; 2) providing additional urban design provisions in the code to ensure the development that does occur is supportive of the social public realm intended for the City Center. The Iconic Signs code amendments will allow for certain signs to be permitted that will help provide a memorable experience when viewing or visiting the City Center area. Proposed Code Amendments Pur ose : The proposed code amendments would create an allowance for Iconic Signs within the City Center of Federal Way. The iconic sign provision is intended to create a process whereby a proposed sign can be permitted when it does not meet the dimensional or other standards of the sign code, but, through design and artistic expression unrelated to its message, it is culturally significant to the community or region, and is expected to serve a placemaking function either upon completion or with the passage of time. Procedural Summary: The procedure followed for making this amendment is shown below: 8/12/22: Public Notice of SERA Decision published and posted (website) 8/12/22: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 8/26/22: End of SEPA Comment Period 9/16/22: End of SEPA Appeal Period 11/2/22: Public Hearing 12/5/22: LUTC Council Committee 1/3/23: City Council 1st Reading 1/17/23: City Council 2nd Reading Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Iconic Signs Code Amendments Page 2 Planning Commission Recommendation: The Planning Commission conducted Public Hearings on November 2, 2022. There were no comments from the public received regarding this proposed code amendment. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwards the proposed code changes to the City Council with a recommendation for anal. Decision Criteria: FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCG5 Focus on improving the existing character and image of the City Center. CCP2 Develop an attractive City Center that will attract quality development. EDP29 Encourage redevelopment of the City Center. EDP32 Continue to implement high -quality urban design standards for these areas 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The governmental power to include zoning regulations potentially limiting the rights of property owners is not unlimited, and must substantially advance legitimate public interests and bear a substantial relationship to the public health, safety, or general welfare. The proposed FWRC text amendments do not limit the rights of property owners as they will offer increased opportunities for signs within the City Center. December 5, 2022 Land Use and Transportation Committee Iconic Signs Code Amendments Page 3 3. The proposed amendments are in the best interest of the residents of the city. The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they support the goals and policies found in the Comprehensive Plan to create a dynamic City Center. The proposed text amendments allow the city to legally regulate a new provision of signs to ensure they meet the intent for their incorporation into the City as an asset to the City Center. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide staff direction. Mayor's Recommendation: Based on the recommendation from the Planning Commission, above analysis and decision criteria, the Mayor recommends that the proposed amendments to FWRC 19 (Zoning and Development) relating to Iconic Signs be recommended for approval. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to iconic signs; amending FWRC 19.05.190, and adding a new Section FWRC 19.140.135. (Amending Ordinance Nos. 08-585, 09-593, 09-605, 09-610, 12-713, 14-778, 15-797, 20-898, 21-921, 22-932) WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update land use and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City has identified an opportunity to introduce a new sign type for the City Center that would provide opportunities to support and enhance local culture and serve a placemaking function; and WHEREAS, State agencies received 60-day notice of the proposed amendments on August 4, 2022; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 12, 2022, no comments were received and the DNS was finalized on September 16, 2022, and no appeals were filed and the appeal period has expired; and Ordinance No. 22- Page 1 of 22 WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2022; and, forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on December 5, 2022, and recommended adoption of the text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of their respective titles under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and - not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Ordinance No. 22- Page 2 of 22 Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCGS Focus on improving the existing character and image of the City Center. CCP2 Develop an attractive City Center that will attract quality development. EDP29 Encourage redevelopment of the City Center. EDP32 Continue to implement high -quality urban design standards for these areas (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the proposed FWRC text amendments do not limit the rights of property owners as they will offer increased opportunities for signs within the City Center. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they support the goals and policies found in the Comprehensive Plan to create a dynamic City Center. The proposed text amendments allow the city to legally regulate a new provision of signs to ensure they meet the intent for their incorporation into the City as an asset to the City Center. For these reasons, the proposed amendments will be in the'best interest of the residents of the city. Section 3. FWRC 19.05.190 is hereby amended to read as follows: Ordinance No. 22- Page 3 of 22 19.05.190 S definitions. "Schools" means institutions of learning, excluding those offering post -secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the state of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business -related, or trade in nature. "Secondhand merchandise " means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles. "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points" means a common point of vehicle access from a street to more than one lot or use. "Sight line " means the line of vision from a person to a place or building. "Sign " means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (1) Providing information or directions; or (2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered Ordinance No. 22- Page 4 of 22 trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of "signs": (1) "Abandoned sign" means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi -tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (4) "Awning sign" means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") Ordinance No. 22- Page 5 of 22 , II 3 DVV z0MXI Vow FAP vow Figure 1 — Awning or Canopy Sign (5) "Banner" means a sign made of any nonrigid material with no enclosing framework. (6) "Billboard" means permanent outdoor advertising off -site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (7) "Building -mounted signs " means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under -canopy signs and projecting signs. (8) "Cabinet sign" means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. Figure 2 — Cabinet Sign (9) "Canopy sign " means the same as "awning sign." Ordinance No. 22- Page 6 of 22 (10) "Center identification sign" means a building -mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (11) "Changeable copy sign" means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign. (12) "Construction sign" means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. (13) "Directional sign, on -site, " means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (14) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (15) "Electronic changeable message sign" means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (16) "Flashing sign" means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by Ordinance No. 22- Page 7 of 22 use of electrical energy or illumination. (17) "Freestanding sign " means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Sign Heiphl Figure 3 — Freestanding Sign (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. (19) "Ground -mounted sign" means a pedestal sign, pole sign, pylon sign, monument sign, or any sign permanently affixed to the ground. (20) "Government sign" means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "Iconic sign" means a sign containing exclusively commercial messages that throu h deli-n and artistic expression unrelated to its message. is culturally significant to the region or Ordinance No. 22- Page 8 of 22 community, and will serve aplacemaking function either upon completion or with the passage of time. (221 "Instructional sign" means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (223) "Integral sign" means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (234) "Kiosk" means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (245) "Marquee sign" means any sign attached to or supported by a marquee, which is a permanent roof -like projecting structure attached to a building. (2-56) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive- in or drive -through restaurant. (267) "Monument sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.) (278) "Identification sign " means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (28-9) "Identification sign (subdivision) " means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (2930) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. Ordinance No. 22- Page 9 of 22 (341) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (34 2) "Nameplate" means a nonelectric, on -premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (323) "Neon (outline tubing) sign " means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (34-3) "Nonconforming sign " means any sign which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code. (345) "Obsolete sign" means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (356) "Off -site sign" means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (367) "On -site sign" means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (378) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the Ordinance No. 22- Page 10 of 22 subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.) (389) "Point of purchase display or sign " means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (3940) "Pole or pylon signs" means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.) (401) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (4472) "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (423) "Pre -opening sign" means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...," etc.). (434) "Private advertising sign " means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (454) "Private notice sign " means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." Ordinance No. 22-. Page 11 of 22 (456) "Projecting sign " means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Figure 4 —Projecting Sign (467) "Real estate, on -site sign " means a sign placed on the subject property and announcing the sale or rental of the subject property. (478) "Roof sign " means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (4S9) "Snipe sign " means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (4950) "Temporary sign " means a sign not constructed or intended for long-term use. Ordinance No. 22- Page 12 of 22 (581) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (54-2) "Time and temperature sign " means any sign that displays the current time and temperature, without any commercial message. (5-23) "Under -canopy sign" means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (5-34) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (545) "Wall sign " means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (556) "Warning sign" means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (567) "Window sign" means all signs affixed to a window and intended to be viewed from the exterior of the structure. "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the Ordinance No. 22- Page 13 of 22 background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters. G+r+o+re+r+y = Sign Area THEATER VIDEO SHOES mod' DELI a x ( D+c+d+e) = Sign Area -Figure 5 — Calculating Sign Area "Sign face " means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. "Sign inventory sticker " means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. Ordinance No. 22- Page 14 of 22 "Sign registration " means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory. "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. "Single -use building" means a building which contains one use. "Site " means subject property. "Small animals " means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. "Spa" means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also "public bathhouse" in FWRC Title 12. "Specified anatomical areas" shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities " shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. Ordinance No. 22- Page 15 of 22 "State Environmental Policy Act" means Chapter 43.21C RCW. "Storm drainage " means the movement of water, due to precipitation, either surficially or subsurficially. "Story" means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. "Stream " means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, "normal rainfall" is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle -Tacoma International Airport. (1) Streams shall be classified according to the following criteria: (a) Type F streams are those streams that are used by fish or have the potential to support fish. Ordinance No. 22- Page 16 of 22 (b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional. (c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" are presumed for: (a) Streams where naturally reoccurring use by fish has been documented by a government agency; or (b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife. (3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass -lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. "Streambank stabilization" means treatments used to stabilize and protect banks of streams from erosion. "Street" means both a public right-of-way and a vehicular access easement or tract. "Street providing direct vehicle access" means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi -use Ordinance No. 22-. Page 17 of 22 complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. "Streetscape " means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street -facing building facades. "Streetscape amenities " means pedestrian -oriented features and furnishings within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian -scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks. "Structural alteration " means any change in the supporting member of a building or structure. "Structure " means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. "Structured parking" means parking provided on more than one level and within a structure, either above or below grade. Structured parking shall not include a surface parking lot. "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. "Support structure " means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, Ordinance No. 22- Page 18 of 22 forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. "Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 4. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a new section 19.140.135 to read as follows: 19.140.135 Iconic suns. (1) Scope. This section establishes the procedure and criteria the city will use in deciding upon a permit application for an iconic sign. (2) Required review process. A permit application for an iconic sign shall be reviewed and approved in accordance with this chapter, except that the criteria for approval shall _ be exclusively those set forth in this section. No variance to any of the provisions of this section may be granted. Unless expressly stated otherwise, any iconic sign permit shall run with the land and shall not automatically terminate upon sale or transfer of the property._ 3) Intent. This section is intended to create a process whereby a proposed sign that does not meet the dimensional or other standards of this Cade may be permitted, if, through designand artistic expression unrelated to its message, the proposed sign is _ culturally significant to the community or region and is expected to serve a placemaking f inetiyn_either upon. completion _or - Ordinance No. 22- Page 19 of 22 with the passage of time. This provision is not intended to be a tool to vary one or more of the standards of this chapter simply to allow for a larger sign than otherwise could be obtained. (4) Criteria- The city mU grant the iconic sign only_if it finds all of the following (a) The proposed iconic sign is for a non-residential use; (b) The proposed iconic sign is representative of a business that has been found in the city and/or region a minimum of 20 years: c The proposed iconic sign will be located in the city center core CC-C (d) The proposed iconic sign is consistent the appticable provisionso_fthe comprehensive lap including with goals and/or policies of the comprehensive plan,• (e) The proposed iconic sign, through design and/or artistic expression unrelated to its messaae, is significant to the community or region; .(f) The proposed materials and/or design is representative of a particular period of construction and/or demonstrates extraordinary aesthetic quality, creativity, or. innovation; (g) The proposed iconic sign is expected to serve a placemaking function either upon completion or with the passage of time. A sign serves a placemaking function when it serves a wayfmding function for the community (h) The proposed iconic sign exhibits characteristics that enhance the streetscape and/or identity of the city center core (CC-C): and, it clearly provides a recognizable architectural style and appearance: (i) Approval of the proposed iconic sign will not arbitrarily or unreasonably result in favoritism of the proposed sign over another sign that is similarly situated in all relevant respects but for which a sign permit has been denied by the city, (j) The_proposed iconic sign is appropriately scaled with the_buildiac Ordinance No. 22- Page 20 of 22 (k) The proposed iconic sign does not have blinking or chasing lights: and all fluorescent lighting is baffled: (1) The proposed iconic sign will not compromise community safe: and, fm7 The proposed iconic sign is not an off -premise sign. (5) Conditions and restrictions. As part of any approval of a permit under this section. the city_ may impose any conditions, limitations. or restrictions it considers appropriate. The city may also require a performance bond under FWRC 19.140.110 to ensure compliance with any such condition, limitation, or restriction. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow] Ordinance No. 22- Page 21 of 22 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 22 of 22 10e COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CREATION OF A HUMAN RESOURCES DEPARTMENT POLICY QUESTION: Should the City Council create a Human Resources Department as recommended by the Mayor? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis City Administrator DEPT: Mayor's Office Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A - I'7' l .�,, DIRECTOR APPROVAL: Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JAN 3): "1 move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JAN 17): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL #11-0 ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # J CITY OF FEDERAL WAY MEMORANDUM DATE: January 3, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: Creation of a Human Resources Department Currently, the Human Resources Division is responsible for the recruitment and selection of job candidates, employee and labor relations including contract negotiations, classification and compensation, employee recognition and reward, employee benefits, insurance administration and retirement plans, training and development, investigations and discipline, worker's compensation, unemployment, leave and disability, and safety and wellness, in accordance and compliance with state and federal law. Additionally, salary and benefits for the Human Resources Manager is based on the recent compensation study with comparable cities that have human resources departments. Mayor Ferrell therefore recommends the creation of a human resources department. The Human Resources Manager would become the Human Resources Director -- upon Council confirmation -- but with no change in compensation. Effectively, the Human Resources Division would become the Human Resources Department with no budgetary impact. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the creation of a Human Resources Department; amending FWRC 2.11.040; and adding new section 2.18 to Title 2. (Amending Ordinance Nos. 14-766 and 10-666). WHEREAS, the Mayor has recommended, and the City Council concurs, that the City should establish a Human Resources Department; and WHEREAS, the Federal Way Revised Code should be modified to reflect this change; and WHEREAS, the City Council seeks to define the functions of this new department and the qualifications of its director. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.11.040 is hereby amended to read as follows: 2.11.040 Other divisions. The mayor's office shall oversee the following divisions: human resa,,rees and emergency management services. Section 2. Title 2 of the Federal Way Revised Code is hereby amended to add a new Chapter 2.18 to read as follows: 2.18.010 Creation of department. There is herebv created a city department known as the human_ resources department. The department shall provide and manage the development and administration of comprehensive human resources pro-mmns and services. 2.18.020 Human resources director= Appointment and confirmation. Ordinance No. 23- Page I of 3 Rev 2/19 There is hereby created the position of human resources director. The human resources director shall be appointed by the mayor. subject to confirmation by a majority of the city council. 2.18.030 Human resources director — Duties. The human resources director shall plan, organize, and direct the city-wide comprehensive human resource programs, servicespolicies and procedures. Including. but not limited to: recruitment and selection, emplo cc and labor relations. classification and compensation, employee recognition and reward, employee benefits, health and life insurance administration and retirement plans, training and development, investigations and discipline, worker's compensation. unemployment, leave and disability, and safety and wellness, in accordance and compliance with state and federal law. 2.18.040 Human resources director — Qualifications. The human resources director shall have any combination of education and experience equivalent to a bachelor's degree in human resources or related field, along with increasingly responsible relevant management experience, including significant experience_ managing human resource programs. services and staff. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 23- Page 2 of 3 Rev 2/19 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of January, 2023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 3 of 3 Rev 2/19