Council PKT 11-17-2009 Regularc�rr oF
Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers City Hall
Novemher 17, 2009 7:00 pm
www. cityoffederal wa y. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Certificates of Appointment Lodging Tax Advisory Committee
b. City Manager Emerging Issues Introduction of New Employees
Memo of Understanding/Policing Enhancement FW Transit Center pg 3
4. CITIZEN COMMENT
PLEASE COMPLETE A P/NK SLIP PRESENT IT TO THE C/TY CLERK PR/OR TO SPEAKING..
When recognized by the Mayor, come forward to the podium and state your name for the record.
PLEASE L/MIT YOUR COMMENTS TO THREE (3) M/NUTES. The Mayor may interrupt comments
that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. 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 ifems may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: October 20, 2009 Regular and Special Meeting, November 3, 2009 Regular
and Special Meeting pg 10
b. Council Bill #511/Personal Wireless Service Facility pg 22
c. Council Bill #512/2009 Housekeeping Budget Adjustment pg 107
d. 2009 Asphalt Overlay Project Project Acceptance and Retainage Release... pg 119
e. Community Center Pool Chemical Vendor Contract pg 121
f. Fisher Pond Building Demolition pg 126
g. Federal Way Community Center Agreement to Use as Dormitory Shelter... pg 127
h. Services Agreement for the Commons at Federal Way Police Services... pg 135
i. 2010 Diversity Commission Work Plan pg 143
j. 2010-2011 Human Services Commission 2 year work plan pg 147
6. PUBLIC HEARING
a. 2009/2010 Mid-Biennial Budget Adjustments
Staff Presentation
Public Comment
Council Discussion/Action
7. COUNCIL BUSINESS
a. Transition to Mayor Council Form of Government Election Dates for Mayor...pg 152
b. City Manager Recruitment ....pg ?53
c. Creation of King County Transportation Benefit District (TBD) ....pg 167
8. INTRODUCTION AND FIRST READING OF ORDINANCES
a. Council Bill 513 North Lake Manaqement District Assessment Roll Public Hearinq Date
An ordinance of the city council of the city of Federal Way, Washington, amending Ordinance
09-622 regarding the creation of the Lake Management District Number 2 for North Lake by
rescheduling the public hearing on the assessment roll for the district. ....pg 170
9. COUNCIL REPORTS
10. CITY MANAGER REPORT
11. EXECUTNE SESSION
a. Collective Bargaining pursuant to RCW 42.30.140(4)(b)
b. Potential Litigation pursuant to RCW 42.30.110(1)(i)
c. Real Property Acquisition pursuant to RCW 42.30.110(1)(c)
12. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
City Council Regular Meeting
IrTITIAL DRAFT 30 Oct 2009 (Prepazed by ST) November 17 2009
Emerging Issues- MOU/Policing Issues
MEMORANDUM OF UNDERSTANDING FOR POLICING
ENHANCEMENTS AT THE FEDERAL WAY TRANSIT CENTER
This MEMORANDUM OF LTNDERSTANDING ("MOU"), dated this day of
November, 2009, is made by and between Sound Transit, the City of Federal Way
("Federal Way"), and King County, collectively the "Parties."
RECITALS
A. Federal Way, through the Federal Way Police Department, has primary
temitorial jurisdiction and is responsible for general law enforcement
within Federal Way city limits.
B. The King County Sheriff s Office is separately the contract law
enforcement agency for both Sound Transit and King County Metro. The
purpose of the Sound Transit Police ("STP") and King County Metro
Transit Police ("MTP") is to provide enhanced police services to the
Sound Transit and Metro Transit systems and facilities focusing, on
customer safery and quality of life issues. This enhanced service is meant
to be above and beyond the normal level offered by the respective police
agency with primary territorial jurisdiction.
C. Nothing in this MOU is intended to reduce or eliminate FWPD's
responsibility to police the Federal Way Transit Center (the "Transit
Center") and respond to dispatched transit related calls for service within
the city limits whether or not the STP or MTP personnel are available at
the Transit Center.
D. The parties recognize the immediate concerns regarding violent criminal
activity at the Transit Center and desire to maintain order and crea.te a safe
en�rironment for transit customers and Federal Way citizens.
E. The parties desire to set forth their respective roles and obligations in the
policing of the Transit Center.
NOW, THEREFORE, in consideration of the assurances and covenants herein, it
is mutually agreed as follows:
Section 1. Puraose and Scoae of Agreement
1.1 The purpose of this MOU is to define temporary enhanced police services to be
provided by STP and MTP at the Transit Center in a manner consistent with the
Washington Mutual Aid Peace Officers Powers Act (RCW 10.93 et seq.).
R�IITIAL DRAFT 30 Oct 2009 (Prepazed by ST)
Section 2. Responsibiliries
2.1 Sound Transit. With respect to operational functions at the Transit Center:
2.1.1 ST will continue to sta.ff 1 private Securitas guard at the Transit Center 24
hours each day 7 days per week.
2.1.2 ST will make available the platform security offce to be used as a
substation by law enforcement officers
2.1.3 ST will work collaboratively with FWPD in determining appropriate
police signage to be posted at the Transit Center.
2.2 Sound Transit Police. With respect to policing of the Transit Center:
2.2.1 STP will provide coverage with a single officer in a fixed post position at
the FWTC during non-holiday weekda.ys (Monday Friday) from 2 p.m.
12 a.m. STP may change its hours of coverage if done so in writing at
least 21 da.ys in advance of any change.
2.2.1.1 STP will provide coverage as described in 2.1.1 on weekday
holidays on which bus service opera.tes on a normal weekday
service schedule. For weekday holidays on which bus service
operates on a weekend, holiday, or other reduced service schedule,
STP will provide a roving patrol the same as Sundays, and FWPD
will have primary responsibility to police the FWTC.
2.2.2 STP will provide the enhanced coverage until November 2, 2010, subject
to periodic evaluations for effectiveness and necessity.
2.2.3 STP will deploy either high visibility or plain clothes emphasis patrols.
2.2.4 STP officers will complete associated paper work for criminal activity
observed by STP officers. Felony crimes against persons will be referred
to FWPD for right of first refusal.
2.2.5 STP officers will notify FWPD when they are required to leave the transit
center for prisoner transports or lunch breaks. When STP officers are not
present at the Transit Center, FWPD will have oversight responsibilities.
2.2.6 STP agrees to maintain and share with FWPD and MTP a monthly
summary recap of law enforcement activities performed at the FWTC.
2.3 Metro Transit Police. With respect to poiicing of the Transit Center:
2.3.1 MTP will conduct increased intermittent and random patrols of the Transit
Center.
INITIAL DRAFT 30 Oct 2009 (Prepared by ST)
2.3.2 MTP will schedule and coordinate 1-2 major emphasis patrols at the
Transit Center each month during the next 6 months including bus routes
utilizing the center.
2.3.3 MTP agrees to maintain and share with FWPD and STP a monthly
summary recap of law enforcement activities performed at the FWTC.
2.4 Federal WaYPolice Department. With respect to policing of the Transit Center:
2.4.1 As the agency with primary territorial jurisdiction, FWPD has primary
responsibility for policing activities at the Transit Center.
2.4.2 FWPD will provide appropriate law enforcement coverage at the Transit
Center during all hours outside of the scope specifically covered by STP,
including weekends and during periods when STP officers are on breaks
or conducting prisoner transports.
2.4.3 FWPD will provide a dedica.ted FWPD portable radio with extra battery
and charger to be stored at the Transit Center for the use of STP officers.
2.4.4 FWPD will allow STP officers working at the Transit Center to come into
service on the Eederal Way Police main frequency and provide immediate
assistance to STP as requested.
2.4.5 FWPD will pick-up and transport all subjects arrested at the Transit Center
on Federal Way warrants.
2.4.6 FWPD agrees to maintain and share with STP and MTP a monthly
summary recap of law enforcement activities performed at the FWTC.
Section 3. Designated Representatives
3.1 Each party will identify, in Eathibit A to this MOU, a Designated Representative,
who will work together to implement this MOU. The Designated Representatives
are responsible for ensuring the completion of the MOU's objectives and
coordinating their respective staff. The parties may change Designated
Representatives and their contact information in Exhibit A.
Section 4. Costs
4.1 Each party will bear its own costs associated with performing the requirements of
this MOU.
IriIT'IAL DRAF'T 30 Oct 2009 (Prepazed by ST)
Section 5. Performance Monitoring and Reuorting
8.1 The Parties shall communica.te at least every month and as necessary to discuss
the status of the tasks and services to be performed and to resolve any issues or disputes
related to the successful performance of this MOU.
Section 6: Liabilitv for Exercise of Authoritv: Suaervisorv Control Over Peace
Officers; Privileges and Immunities Aaplicable; General Authoritv of
Peace Officer
6.1 To the maximum extent allowed by law, liability for exercise of authority will be
consistent with RCW 10.93.040, supervisory control over peace officers will be
consistent with RCW 10.93.050, privileges and immunities will be consistent with
RCW 10.93.060, and the general authority of STP and MTP police officers at the Transit
Center will be consistent with RCW 10.93.070.
Section 7. Insurance and Indemnification
7.1 Insurance. Each party must maintain insurance and self-insurance in amounts and
type customarily maintained for the risks assumed under this MOU.
7.2 Indemnifica#ion. To the extent permitted by law, the Parties to this MOU sha11
protect, defend, indemnify, and save harmless the other Party, and its officers, officials,
employees, and agents, while acting within the scope of their employment, from any and
all costs, claims, demands, judgments, damages, or liability of any kind including injuries
to persons or damages to property, which arise out of, or in any way result from, or are
connected to, or are due to any acts or omissions of the indemnifying Party. No Party
shall be required to indemnify, defend, or save harmless the other Party if the claim, suit,
or action for injuries, death, or damages is caused by the sole negligence of the Party
seeking indemnifica.tion. Where such claims, suits, or actions result from concurrent
negligence of the Parties, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of the Party's own negligence. Each Party agrees that its
obligations under this indemnification section extend to any claim, demand, andlor cause
of action brought by, or on behalf of, any of its employees or agents. For this purpose,
each Party, by mutual negotiation, hereby waives, with respect to the other Party only,
any immunity that would otherwise be available against such claims under the industrial
insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and
lawsuits, the indemnifying Party upon prompt notice from the other Party shall assume all
costs of defense thereof, including legal fees incurred by the other parties, and of all
resulting judgments that may be obtained against the other Party. This indemnification
shall survive the termination of this MOU.
I1�iITIAL DRAFT 30 Oct 2009 (Prepared by ST)
Section 8. General Legal Provisions
8.1 Governin� Law and Venue. This MOU sha11 be governed by the laws ofthe State
of Washington. Any action arising out of this MOU sha11 be brought in King
County Superior Court.
8.2 No Emplovment Relationship Created. The Parties agree that nothing in this
MOU shall be construed to create an employment relationship between the City
and any employee, agent, representative or contractor of Sound Transit.
8.3 No Agency. No sepazate entiry is created by this MOU. No joint venture or
partnership is formed as a result of this MOU. No employees, agents or
subcontra.ctors of one party shall be deemed, or represent themselves to be,
employees of the other parly.
8.4 No Third Party Ri�. It is understood and agreed that this MOU is solely for the
benefit of the Parties hereto and gives no right to any other party. Nothing in this
MOU, whether express or implied, is intended to confer any rights or remedies
under or by reason of this MOU on any persons other than the Parties.
8.5 Severabilitv. If any of the terms and conditions of this MOU is determined to be
invalid or unenforceable by a court of competent jurisdiction, the remaining terms
and conditions unaffected thereby shall remain in full force and effect.
8.6 Notices. All notices to be provided under this MOU shall be in writing and shall
be hand-delivered or sent by US Mail to the Designated Representatives, and shall
be deemed received upon delivery or, in the case of notice sent by mail, three (3)
business days after deposit in the US Mail.
8.7 Entire A�reement. This MOU embodies the Parties entire agreement on the
matters covered by it, except as supplemented by subsequent amendments to this
MOU. All prior negotiations and draft written agreements are merged into and
superseded by this MOU.
8.8 Duration of A�reement. This MOU shall be in place until November 2, 2010.
8.9 Effective Date. This MOU is effective when all Parties sign it, after authorization
by each Party's respective goveming body.
8.10 Amendments. The parties may amend this MOU or enter subsequent agreements,
as desired, with the appropriate authorization of the governing body of each Party.
8.11 Execution of MOU. This MOU shall be executed in three counterparts, any one
of which wiil be regarded for all purposes as one original.
INITIAL DRAFT 30 Oct 2009 (Prepazed by ST)
Section 9. Disaute Resolution
9.1 The Parties, through their Designated Representatives, will work collaboratively
to resolve disagreements arising from activities performed under this MOU.
Disagreements will be resolved promptly and at the lowest level of hierarchy. No legal
action will be permitted unless the Designated Representatives have attempted to resolve
the dispute and are unsuccessfuL
Section 10. Termination
10.1 This Agreement may be terminated by any party upon thirty da.ys written notice.
IN WITNESS WHEREOF, the parties hereto hereby agree to the ter�ns and
conditions of this Memorandum of Agreement as of the date first written above.
Fo Central Puget Sound Regional
r sit Autho
Ron Tober, Deputy CEO
For City of Feder�l Way
�i/.3/�✓s
ilson, Acting City Manager
For King County Metro
Jim Jacobson, Deputy General Manager
Approved as to Form:
Legal Counsel
Ap roved as to Forcn:
City Attorney
0
8 DATE
DATE
ITiITIAL DRAFT 30 Oct 2009 (Prepared by ST)
EXHIBITA
Designated Rearesentatives
SOUND TRANSIT: SGT. KEVIN JOHANNES
CITY OF FEDERAL WAY: COMMANDER CHRIS NORMAN
I�NG COUNTY METRO: CAPT. LI5A MULLIGAN
COUNCIL MEETING DATE: November 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM Sa
SUBJECT CITY COUNCIL MEETING MINUTES
POLICY QUESTION Should the City Council approve the draft minutes of the October 20, 2009 Special
Meeting, October 20 Regular Meeting, November 3, 2009 Special Meeting and November 3, 2009 Regular
Meeting?
COMMITTEE N/A
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
STAFF REPORT BY: Carol McNeillv. Citv Clerk
Attachments:
MEETING DATE: N/fl
Public Hearing
Other
DEPT Human Resources
Draft meeting minutes of the October 20, 2009 Special Meeting, October 20, 2009 Regular Meeting, November
3, 2009 Special Meeting and November 3, 2009 Regular Meeting.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
STAFF RECOMMENDATION Staff recommends approving the minutes as presented.
CITY CLERK APPROVAL: N/f1 DIltECTOR APPROVAL: N/A N/fl
Committee Council Corrutrittee Cou�il
COMMITTEE RECOMMENDATION: N/fl
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED 1sT reading
TABLED/DEFERRED/Nb ACI'ION Enactment reading
MOVED TO SECOND READING (orrlinances only) ORDINANCE
REVISED 02/06/2006 RESOLUTION
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers City Hall
OCTOBER 20, 2009
5:30 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 5:31 p.m.
Councilmembers present: Mayor Jack Dovey, Councilmembers Jim Ferrell, Linda Kochmar, Mike
Park, Jeanne Burbidge, and Dini Duclos.
Mayor povey excused Deputy Mayor Eric Faison.
Staff present: Interim City Manager Brian Wilson, City Attomey Pat Richardson and City Clerk
Carol McNeilly.
2. EXECUTIVE SESSION
The Council adjourned to Executive Session at 5:32 pm to discuss potential litigation pursuant to
RCW 42.30.110(1)(i)and collective bargaining pursuantto RCW 42.30.140(4)(b)forapproximately
sixty minutes. The Council adjourned from Executive Session at 6:10 pm.
3. ADJOURN
Mayor povey adjourned the meeting at 6:11 pm.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by CounciL•
City Council Minutes October 20, 2009 Special Meeting Page 1 of 1
�Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers City Hall
OCTOBER 20, 2009
7:00 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 7:00 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim
Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge, and Dini Duclos.
Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk
Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Isaac Conlen led the pledge of allegiance.
MOTION: Kochmar moved to amend the agenda and add item 3.c. Presentation of Arts
Alive Juried Winners. Councilmember Duclos second.
VOTE: Motion carried 7-0.
3. PRESENTATIONS
a. Certificate of Appointment: Plannina Commission
Councilmember Kochmar presented Lawson Bronson with a Certificate of Appointment.
The Council re-appointed Mr. Bronson to a four-year on the Planning Commission at the
October 6, 2009 Council meeting.
b. Citv Manaaer Emeraina Issues Introduction of New Emqlovees
ICM Wilson introduced new employee Hollie Shilley, SurFace Water Management Water
Quality Specialist.
ICM Wilson reported on Police efforts throughout the City to reduce crime and stated a new
joint policing plan targeting the Federal Way Transit Centerwas created. Interim Police Chief
Andy Hwang reviewed the joint policing plan between Sound Transit, King County Metro
Police and City Of Federal Way Police. Use of motorcycles and bicycles, additional police
presence from Sound Transit and Federal Way officers and increased signage referencing
police logos and video surveillance. This plan will be reevaluated after one year. Mr. Hwang
also reviewed the City's crime statistics since 1998. Overall, crime rates have continued to
decrease on an annual basis.
City Council Minutes October 20, 2009 Regular Meeting Page I of 4
c. Presentation of Arts Alive Juried Winners (ADDED ITEIV�
Councilmember Burbidge noted the Arts Commission honored the winners of the Arts
Alive Juried contest at a reception earlier this evening. Arts Commission Chair Susan
Honda and Councilmember Burbidge presented the following awards:
The Jurors Award was presented to Mari Zaffuto. She received a$200 award and
will have a private art exhibit at City Hall.
The Commissioners Award was presented to Kathy McFall-Butler and Pat Longley.
Both received a $150 award.
Ballots for the Peoples Choice Award are still being collected and will be presented
in December 2009.
4. CITIZEN COMMENT
Nancy Combs spoke in support of the City installing a 4-way stop at the intersection of 21 S Ave.
SW 305
Bettv Tavlor spoke in support of installing a traffic light for residents of Belmar Park Mobile Home
Park.
Council Members requested staff provide a briefing regarding the finro traffic issues mentioned
during public comments. Mayor povey stated he will schedule a briefing for a future meeting.
5. 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. Approval of Minutes October 6, 2009 Regular Meeting Approved
b. Council BiU 506 Traffic Impact Fee F'�tReaa�ng,as�os Approved Ordinance No. 09-627
c. Council Bill 507 Transportation Concurrency Management F'�t Rea°'"9'0�6�°9 Ordinance
No. 09-628
d. Council Bill# 508 Establishing Time of Payment, Interest and Penalties for North Lake
Management District F tR ea a 9,o s os Approved Ordinance No. 09-629
e. Council Bill# 509 NPDES Code Amendments F'�t Reaa��9,orsros Approved Ordinance No.
09-630
f. S 352" Street Extension Project 30 Design Status Report' Approved
g. 2010 Asphalt Overlay Program Preliminary Project List and Authorization to Bid �urc
o�s�os AP proved
h. WA State Department of Ecology Grant (Sea Lettuce) Permission to Apply �uTC �oi�os
Approved
i. Acceptance of King County Conservation Futures Funding and Acquisition Update ��c �oi�os
j. Playground Replacement Alderdale Park PR"sPSC �oi��os Approved
k. Playground Replacement Steel Lake Annex, Sacajawea and Saghalie Parks PR"sasc �a��os
Approved
I. Purchase New Mower for West Hylebos Wetlands Park PR"sPSC �on�os Approved
m. 2nd Amendment for Landscaping Services at Dumas Bay Centre PR"sPSC,on�os Approved
n. Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and
The Port of Seattle, for the Valley Narcotics Enforcement Team PR"sPSC,o�,�os Approved
o. Interlocal Agency Agreement with Seattle PD, WASPC (JAG) Grant, Gang Analyst PR"sPSc
,on�os Approved
p. King County RSO Grant Funding Cost Reimbursement AgreementPR"sPSC �on�os aPproved
MOTION: Deputy Mayor Faison moved approval of the Consent Agenda. Councilmember
Burbidge second. VOTE: Motion carried 7-0.
City Council Minutes October 20, 2009 Regular Meeting Page 2 of 4
6. INTRODUCTION FIRST READING OF ORDINANCES
a. Council Bill 510 SEPA Amendments and Zoninq Code Amendments
AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING
FEDERAL WAY REVISED CODE TITLE 14, CHAPTER 14.15.030, RELATING TO STATE
ENVIRONMENTAL POLICY ACT (SEPA) EXEMPT LEVEL THRESHOLDS, AND AMENDING TITLE 19,
CHAPTER 19.60.050 FOR USE PROCESS II, CHAPTER 19.65.100 FOR USE PROCESS III,
CHAPTER19.70.150 FOR USE PROCESS IV, AND CHAPTER 19.75.130 FOR USE PROCESS V
(AMENDING ORDINANCE NOS. 09-594, 07-573, 07-554, 04-468, 02-424, 00-375, 99-337, 97-291, 92-133,
90-43, AND 90-40)
The City Clerk read the ordinance title into the record.
Senior Planner Joanne Long-Woods reviewed the proposed code amendments.
MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and
approval at the November 3, 2009 Council meeting. Councilmember Duclos second.
VOTE: Motion carried 7-0.
7. COUNCILREPORTS
Councilmember Kochmar reported that Suburban Cites Association has been meeting with King
County representatives in an effort prevent cuts in transit services.
Councilmember Burbidge reported the King County Regional Transit Committee is also looking at
ways to prevent cuts to transit services. The South County Area Transportation Board had a
presentation on the 20/40 Plan that focused on road tolls as an option for revenues.
Councilmember Park reported the next FEDRAC meeting is October 27, 2009. He will also be
attending an upcoming Regional Law Safety and Justice Committee Meeting.
Councilmember Ferrell, Faison and Duclos had not report.
Mayor povey reported the SCORE Project is moving forward. The bid opening was last week and
project bids were below estimates. Tomorrow bonds for the project will be finalized. He also stated
the Lodging Tax Advisory Committee adjusted their budget to submit a bid to host the 2011 NCAA
Swimming Championship.
8. CITY MANAGER REPORT
Interim City Manager Wilson had no report this evening.
9. EXECUTIVE SESSION
The Council did not adjourn to Executive Session.
canceled
b. canceled
City Council Minutes October 20, 2009 Regular Meeting Page 3 of 4
10.ADJOURNMENT
With no further business before the Council, Mayor povey adjourned the meeting at 7:52 pm.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes October 20, 2009 Regular Meeting Page 4 of 4
CITY OP
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers City Hall
NOVEMBER 3, 2009
5:30 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 5:30 pm.
Co�ncilmembers present: Mayor Jack Dovey, Councilmembers Linda Kochmar, Mike Park,
Dini Duclos and Jeanne Burbidge.
Deputy Mayor Eric Faison arrived at 5:35pm. Councilmember Jim Ferrell arrived at 5:38pm.
2. COMMISSION COMMITTEE INTERVIEWS
The council interviewed two applicants for appointment to the Lodging Tax Advisory
Committee.
3. EXECUTIVE SESSION
The Council adjourned to executive session at 5:50 pm to discuss potential litigation pursuant
to RCW 42.30.110(1)(i). Councilmember Kochmar adjourned from executive session at 6:05
pm. The Council adjourned at 6`.10 pm.
4. ADJOURN
Mayor povey adjourned the meeting at 6:11 pm.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes November 3, 2009 Special Meeting Page 1 of 1
CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers City Hall
NOVEMBER 3, 2009 7:00 PM
www. cityoffederal wa y. com
1. CALL MEETING TO ORDER
Mayor povey calied the meeting to order at 7:02 pm
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Council Members Jim
Ferrell, Jeanne Burbidge, Mike Park, Linda Kochmar and Dini Duclos.
Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City
Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Merle Pfeiffer led the pledge of allegiance.
3. PRESENTATIONS
Mayor povey asked everyone to observe a moment of silence for fatlen Seattle Police O�cer
Timothy Brenton.
a. Proclamation: Help the Homeless Week, November 9-13, 2009
Councilmember Burbidge read the proclamation into the record and presented it to Phil
Wamba of the FUSION Organization.
b. Safe Citv Proaram Update
Walmart representative Dick Maher presented the Safe City Federal Way Program
with a$500 check. Police Lieutenant Sandy Tudor who coordinates the program was
on hand to accept the check.
c. Citv Manaqer Emerqinq Issues Introduction of New Emqlovees
ICM Wilson shared a video that highlighted the amenities of Federal Way that aired on
television during the King County Executive candidate debates.
ICM W ilson then introduced Surface Water Manager Will Appleton who stated on October
19 the City was notified of a sink hole in the Marine Hills West subdivision. Emergency
repairs were authorized and staff has explored three options to repairthe issue. Theywill
move forward with cleaning the existing pipe and lining it with a resin (known as cured in
place pipe). This is a low impact solution with respect to construction and is estimated to
cost befinreen $24k and $28k. The cost for the repairs will be funded with Capital
Improvement funds.
City Council Minutes November 3, 2009 Regular Meeting Page 1 of S
4. CITIZEN COMMENT
H. David Kaplan spoke in support of approving the tourism enhancement grant recommendations.
Betfir Tavlor thanked staff for the briefing on traffic issues near Bellmore Park at the November 2
LUTC meeting. She would like staff to talk about
Mrs. Claus came and extended an invitation to the Council to attend a holiday tree lighting event
December 5 at Dash Point Village Shopping Center.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Counci! 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. Monthly Financial Report APPROVED
b. Vouchers APPROVED
c. Council Bill 510 SEPA Amendments and Zoning Code Amendments APPROVED
ORD/NANCE 09-631
d. School Impact Fees APPROVED
�.,..�s�,. u..,,, c„� �+h unv L oti��e iv ic
f. State Lobbyist RFP; Approval to Award Contract APPROVED
g. Interlocal Agreement with the State Administrative Office of the Courts (Interpreter
Services) APPROVED
h. Human Services Electronic Joint City Grant Application: HSConnect.net APPROVED
i.
j. Tourism Enhancement Grant Award Recommendations APPROVED
MOTION: Deputy Mayor Faison moved approval of items 5.a. through 5.j. Councilmember
Ferrell second.
Councilmember Kochmar pulled 5.e. Councilmember Duclos pulled 5.i.
VOTE: Items 5a, b, c, d, f, g, h and j were approved 7-0.
5.e. Pacific Hwy South HOV Lanes Phase IV (S 312' St to Dash Pt Road) Proiect Supplement to
the Lakehaven Utility District Design Construction Interlocal Agreement
Councilmember Kochmar recused herself from this item.
MOTION: Councilmember Duclos moved approval, Deputy Mayor Faison second.
VOTE: Motion carried 6-0. Councilmember Kochmar recused.
5.1. RESOLUTION: Small Business Incubator Fundinq
Councilmember Duclos recused herself from this item.
MOTION: Deputy Mayor Faison moved approval, Councilmember Kochmar second.
VOTE: Motion carried 6-0. Councilmember Duclos recused. Resolution 09-562
City Council Minutes November 3, 2009 Regular Meeting Page 2 of 5
6. INTRODUCTION FIRST READING OF ORDINANCES
a. COUNCIL BILL #511: Personal Wireless Service Facility
An Ordinance of the City of Federal Way, Washington, relating to Personal Wireless
Service Facilities: amending FWRC 19.255.010,19.255.020,19.255.040,19.255.050,
19.255.080, and 19.255.100; repealing FWRC 19.255.070, and 19.255.090; amending
FW RC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.215.100, 19.220.120,
19.255.120, 19.230.140, 19.235.100, and 19.240.140; and repealing FWRC
19245.010 (Amending Ordinance Nos. 97-300, 00-363, 01-399, 06-515; 07-559, AND
08-585).
Associate Planner David Lee stated the proposed amendments are part of the Planning
Commission 2009 Work Plan. He reviewed the amendments which are intended to reduce
redundant language, remove sub-prioritization of location preferences, remove submittal
requirements for electromagnetic field (EMF) implementation reports and remove the 10-year
expiration period. In addition, amendments to the City's zoning charts are also being proposed to
change the minimum review process from a Process III to a Process II.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and
approval at the November 17, 2009 Council meeting. Councilmember Duclos second.
VOTE: Motion carried 6-0. Mayor povey recused.
B. COUNCIL BILL #512: 2009 Housekeepinq Budctet Adiustment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE, REVISING THE ADOPTED 2009-10 BIENNIAL BUDGET
(AMENDING ORDINANCE NOS. 08-589, 09-612 AND 09-616)
Finance Director Tho Kraus stated the purpose of the proposed budget adjustment was to include
items approved by the Council during the year and adjust those expenditures that are funded with
matching revenues. Ms. Kraus reviewed the adjustments by department.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved to forward the ordinance to second reading and
approval at the November 17, 2009 Council meeting. Councilmember Duclos second.
VOTE: Motion carried 7-0.
7. COUNCIL BUSINESS
a. Commission Appointments: Lodqinq Tax Advisorv Committee
Prior to this meeting, the Council conducted a Special Meeting to interview candidates
who were interested in serving on the Lodging Tax Advisory Committee. Members who
are appointed will be invited to the November 17, 2009 Council Meeting to receive a
Certificate of Appointment.
MOTION: Mayor povey moved the following appointments: Reappoint Mike Dunwiddie and
Carrie Wells to Z-year terms expiring 10/31/2011, appoint Rose Ehl to remainder of term
expiring 10/31/2010, appoint W. Allen King to 2-yearterm expiring 10/31/2011. Councilmember
Duclos second.
VOTE: Motion carried 7-0
City Council Minutes November 3, 2009 Regular Meeting Page 3 of S
b. Amendment to the former AMC Theatre Site Purchase and Sale Aqreement
Patrick Doherty reported that on September 10, 2009 the Council voted to approve the extension of
the purchase and sale agreement with United Properties to November 4, 2009. United Properties is
requesting to extend the agreement through the end of the year so they have additional time to
finalize their financing with Landor KORUS.
MOTION: Councilmember Duclos moved to approve and authorize the City Manager to
execute the extension to December 31, 2009, of the Purchase and Sale Agreement with
United Properties in order to provide sufficient time for Lander KORUS to secure the
necessary financing for purchase of the site and construction of the project; provided that,
Lander KORUS deposit with Escrow tomorrow payment in the amount necessary to pay
for the City's carrying costs. Councilmember Ferrell second.
VOTE: Motion carried 7-0.
8. COUNCIL REPORTS
Councilmember Duclos extended best of luck to all candidates who are participating in the
election.
Councilmember Kochmar reported the next Land Use Transportation Committee meeting was
November 17, and the Suburban Cities Association Public Issues Committee will meeton Nov�ber
4.
Councilmember Burbidge reported the next Parks Recreation Human Service Public Safety meeting
is November 10. A fundraiser for the Reach-Out Homeless Shelter is scheduled for November 7, and
the Historical Society will be hosting a Veterans Day Event on November 14.
Mayor povey reported he and Councilmember Duclos would be visiting business incubators in
California. The City of Auburn is hosting a Veterans Day Celebration that includes a pancake feed
and parade.
Councilmembers Ferrell, Park and Deputy Mayor Faison had no report.
9. CITY MANAGER REPORT
ICM Wilson reported the City has extended their condolences and assistance in response to
Seattle Police Officer Timothy Brenton death. He stated staff would present the mid-biennium
adjustment to Council on November 17.
10. EXECUTIVE SESSION
The Council did not adjourn into executive session.
canceled
City Council Minutes November 3, 2009 Regular Meeting Page 4 of S
11. ADJOURNMENT
With no further business before the Council, Mayor povey adjourned the meeting at 8:00 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes November 3, 2009 Regular Meeting Page 5 of S
COUNCIL MEETING DATE: �O��m�r j�ITEM b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendments to Federal Way Revised Code (FWRC) Titie 19, "Zoning and Development Code," related to Personal
Wireless Service Facitities
POLICY QUESTION: Should the City approve amendments to FWRC Title 19 to reduce redundant language, remove sub-
prioritization of location preferences, remove submittal requirements for electromagnetic feld (EMF) implementarion reports, remove
the 10 year expiration period, and amend the zoning charts to change the minimum review process from a Process III to a Process II?
COMMITTEE Land Use/Transportation Committee (LUTC)
C:ATEGORY:
Consent
City Council Business
S'raFF REpoR7' BY: Associate Planner David Lee
MEETING DATE: October 19, 2009
Public Hearing
Other
Ordinance
Resolution
DEPT: Community Development Services
Exhibits: i} Planning Commission staff reporE for the October 7, 2009 public hearing with Exhibits A-C; 2) October 6, 2009 H-mail
from RealCom concurring with staffls changes; 3) Second version of Amendments based on RealCom's comments; 4) Minutes of the
October 7, 2009, Planning Commission pubic hearing; and 5) Draft adoption ordinance.
Backgronnd: The proposed amendments are part of the 20Q9 Planning Commission Work Program. The Personal Wireless Service
Facilities (PWSF) code amendments �vere first adopted in September 1997 and subsequently amended in January 2000 and August 2001.
When initially adopted, the code was crafted to establish a highly complex regulatory scheme due to concerns about electromagnetic
fields (EMF), and aesthetic issues. Since that time, the city has issued 51 permits with no appeals, and we now propose to streamline the
review process. The proposed amendments were distributed to 30 stakeholders and comments were received from only one, RealCom, a
consulting firm working in the telecom field. The Planning Commission held a pubtic hearing on October 7, 2009, at which time; staff
presented a second version of the amendments based on input frorn RealCom (Exhibit 3}. The Pianning Commission recommended
unanimously adopting the second version of the amendments (Exhibit 3).
Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance;
2}_Ado�t the_Plannin� Commtssion's_recommendation as modified by _the LUTC or 3) Do not adopt the pro�osed amendments_
PLANNING COMMISSION RECOMMENDATION Adoption of code amendments as presented by staff:
STAFF RECOMMENDATION Staff recommends the Council adopt Option 1, adopt the Planning Commission's recommendation as
contained in the Draft Adoprion Ordinance i`h
v��'
CITY MAI�[ACER APPROVAL: ��tr�� S�� ;�Ji DIKECTOR APPROVAL' L/'"f' �Ty�'%
Committee Council Committee Councit
COMMITI'EE RECOMMENDATION Forward Option 1; adopt the Planning Commission's reco en ation as ained in the Draft
A optio�Ordinance to the full Council on No ber 2009 or rst reading
C�.,..�--- f
Linda Koc r, Chair Dini Duclos, Member Ji errell, Member
P POSED COl?NCIL MOTIQN(S):
I READING OF ORDINANCE (I 1/O3/09� '7 mo►�•e to forwarrl the ordinance to a seconc�; r ading jor enactment on the November 17,
2009, consent agenda.
2" READING OF ORDIIVANCE (1 l/17/�9): "I move approval o f �he L UTCs recommendation to approve ihe code amendments, which are
coniained in the Adoption Ordinance.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
D APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
MOVED TO 5ECOND READING (ordinances on(v)
REVISED- 02/Obi2006
COUNCIL BILL
l sT reading
Enactment reading
ORDtNANCE #t
RESOLUTIOPi
I'
Filc #09-102608-OQ-UP [�ic ID 51656
CITY OF
Federa111t�ay
I.
II.
����_-��r
STAFF REPORT TO THE PLANNING COMMISSION
Proposed Amendments to Personal Wiretess Service Facilities
Amendments to Federal Way Revised Code (FWRC) Title 19
File No. 09-103475-00-UP 09-103477-SE
Public Hearing on October 7, 2009
REASON FOR AMENDMENTS
The proposed amendments are a part of the 2009 Planning Commission work program. The
Personal Wireless Service Facilities (PWSF) code amendments were first adopted in September
1997, and subsequently amended in January 2000 and August 2001. At that time, the code was
crafted to provide for a high level of public notification due to concerns about electromagnetic
fields (EMF). Since that time, the city has issued 52 permits with no appeals.
Amendments to the zoning code regarding Federa! Way Revised Code (FWRC) Chapter 19.255 and
associated zoning charts are intended to reduce redundant language, remove sub-prioritization of
location preferences, remove submittal requirements for electromagnetic field (EMF)
implementation reports, and remove the 10 year expiration period_ Zoning charts are also proposed
to be modified to change the minimum review process from a Process III to a Process II.
The Planning Commission is being asked to review the proposed changes to the zoning code
attached as Exhibit A, and forward a recommendation to the City Council.
BACKGROUND
Cellular phones are �ow an integral part of modern telecommunicarions. Additionally, cellular
phones allow people to maintain continuous communication without hampering freedom of
movement. In some instances, they are the sole phone for many households, and therefore, a
strong reliable coverage network is of utmost importance. In order to pravide a strong cellular
network to keep pace with the growing population of cellular users, more mobile base and relay
stations (PWSFs/antennas) are needed.
Staff has reviewed the literature surrounding potential health effects of PWSFs and concluded
that the jury is still out s�n the health effects associated with electromagnetic fields (EMF)
associated with PWSFs. However, preliminary on-going studies have found that there is
negligible affects on human physiology. All health related aspects and governance of EMF
exposure levels of the PWSF industry are regulated by the Federal Communications
Commissions (FCC). A technical summary on the science of cellular technology has been
included as Exhibit B.
Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code
Staff Report to the Planning Commission Page 1 of 7
C:a:j s �'�`q�.
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III. PROPOSED CODE AMENDMENTS
Modify FWRC 19.255.010 Removal of redundant language, addition of an exemption to
allow work within an existing equipment enclosures or buildings, and removal of sub-
prioritization.
Currently, if a new electronic cabinet was installed within an existing equipment
enclosure or building, the electronic cabinet is subject to the land use process associated
with the underlying zoning. Staff (as well as PWSF companies) found if there is no
architectural or gross floor area change, it was too onerous on PWSF contractors to
submit for a land use decision for the simple addition of electronic equipment.
Currently, there are five levels of site prioritization in the site selection process that must
be demonstrated by the appticant to the city that the chosen location meets the site
appropriateness criteria. In order of preference, the prioritized locations for PWSFs are as
fotlows: structures located in the BPA trail; existing broadcast, relay, and transmission
towers; publicly used structures, appropriate business, commercial, and city center zoned
sites; appropriate public rights-of-way; and alternative location as approved by the
Director of Communiry Development.
Of the five prioritized sites, appropriate business, commercial, and city center zoned sites
and appropriate public rights-of-way have sub-prioritizations: Upon review of the sub-
prioritizations, staff has concluded that the five main prioritized locations serve as
adequate measures to ensure that PWSFs are located appropriately. Current PWSF
technologies have become more streamlined, compact, and aestheticaily designed to
minimize visual intrusiveness. Additionally, as studies have shown, cellular/PCS
facilities operate at a power level well below regulated thresholds.
2. Modify FWRC 19.255.020 Combining of development standards for PWSFs and associated
electronic equipment cabinets in or out of the right-of-way. T'his includes: additional
language stressing design of the PWSF; addirional language to have equipment enclosures
outside of the right-of-way; and additional language to give setback relief to development of
PWSFs on undeveloped properties in nonresidential zones.
As currently written, the language for development standards for PWSFs and associated
electronic cabinets were in four separate sections. For example, the section is divided into
two major sections, one section for PWSFs and one section for electronic equipment
cabinets. These two sections are then further divided into two more secrions: located
within the right-of-way and located outside of the right-of-way.
Upon review by staff, it was discovered that the language for the development standards
of the PWSFs and associated electronic cabinets in or out of the right-of-way were nearly
identical. In order to clarify the development standards and make the section more
uniform, the sections were combined to create two distinct sections. One section for
development standards for PWSFs (regardless of whether or not it was in the right-of-
way) and one section for the development standards of electronic enclosures.
Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code
Staff Report to tfie Planning Commission Page 2 of 7
t.� ���:1'
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Additional language was added under FWRC 19.255.020(2)(g) to emphasize design of the
PWSFs, rather than simply painting the structure to match existing development. Current
PWSF design and technology allows for near visua! seamless integration into developed sites.
Equipment enclosures have been proposed to be placed outside of the right-of-way. As a
policy, the Public Works Department discourages work within the right-of-way for
private developments. Aesthetically, equipment enclosures within the right-of-way also
create visual clutter, despite screening and landscaping requirements.
As cunently written, an equipment enclosure developed on an undeveloped site in a non-
residential zone must be setback 20 feet from all property lines. The new language
proposes to grant relief to the setback requirements for equipment enclosures located on
an undeveloped site in a non-residential zone by allowing the equipment enclosure c(oser
to each property line as long as the equipment enclosure can be demonstrated to blend in
harmoniously with the existing site and complement the landseape buffer requirements of
the underlying zone. This amendment was in response to an industry comptaint regarding
the stringent setbacks. Upon further analysis, it was also determined that the required
placement of equipment enclosures may hinder future efforts to develop the site with a
more substantial use.
3. Modify FWRC 19.255.040 Removal of 30 day maximum time limit for temporary PWSF's
during emergencies declared by the city, state, or federal government, and allow for the
Director of Community Development Services to determine an appropriate amount of time.
This code amendment is in response to the unpredictable nature of major disasters or
events and the need for a less restrictive time period in order to provide essential
communications throughout the city in times of said events. Staff consulted Emergency
Management Coordinator Ray Gross in regards to this amendment.
4. Modify FWRC 19.255.050 Removal of unnecessary requirements, removal of redundant
language, and addition of language regarding the requirement of photo simulations to include
examples of camouflage and stealth installation options.
Additional language was added to the photosimulation requirement to further emphasize
the need for design options other than paint_
Language in requirement (d) was struck due to the redundant nature.
Language in requirement (e) was struck due to the unnecessary and onerous nature of the
question. The coverage chart in requirement (d) and the PWSF inventory requirement of
requirement (e) are adequate for review purposes.
Language in requirement (g) was struck to remain consistent with previous proposed
changes within the chapter.
Requirement (h) was struck as the proposed code amendment FWRC 19.255.020 requires
that equipment enclosures be placed outside of the right-of-way.
Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code
Staff Report to the Planning Commission Page 3 of 7
5. Removal of FWRC I9255.070
PA�����=
Per the provisions of the Telecommunications Act of 1996 Section 704, the FCC was
charged with setting guidelines for environmental radio frequency emissions, and local
governments are not permitted to restrict the construction of wireless service facilities
based on their environmental EMF levels if they meet FCC guidelines. All cellular/PCS
facilities must be registered and licensed through the FCC. Furthermore, if there is
documented evidence of interference to other signals caused by a cellular/PCS facility,
the FCC is the enforcement agency to rectify any issues.
6. Removal of FWRC 19.255.090
This code section is proposed to be removed due to the inconsistent nature of this code
section and city policy. No other land use decision expires for the sole purposes of
forcing a development to re-apply for a land use decision_ PWSF providers have been
self-policing in terms of corr►ing in on their own to update and upgrade their facilities to
cunent generation technology. In many cases, once large/wide antennas have been
replaced with smaller and less visually intrusive antennas. Additionally, the redundant
language in regards to land use approval expiration has been removed as it is covered
under FWRC 19.15.100.
IV.
V.
Modify Zoning Charts FWRC 19.195.190, 19.200.190, 19.205.200, 19_Z10.050, 19_212.120,
19.225.120, 19.234.140, and 19.240.140. These zoning charts are proposed to be modified to
reduce redundant language, reduce land use process requirements, and make the ianguage in
the charts consistent with proposed text amendments in FWRC 19.255.
FWRC 19.235.100 related to allowing PWSFs in the Office Park (OP) zoning district and the
OPl 4 zoning districts is proposed to be amended to remove any reference to the OP1 4
zoning districts. FWRC 19.245.010, related to allowing PWSFs in the Corporate Park I(CP-
1) is proposed to be deleted. These districts (OP 1, OP2, OP3, OP4 and CP 1) were created
through concomitant agreements, which have their own unique tist of allowable uses and the
agreements are not typically codified in the FWRC.
PROCEDURAL SUMMARY
On September 12, 2009, the city issued an Environmenta.l Determination of Nonsignificance
(DNS) on the proposed amendments, with a comment deadline of September 28, 2009, and an
appeal deadline of October 12, 2009. No comments on the DNS have been submitted to the city
as of the date of transmittal of this staff report. Public notice of the October 7, 2009, public
hearing was published and posted on September 19, 2009, in accordance with the city's
procedurai requirements.
PUBLiC COMMENTS
1. Sarah Telschow, of RealComm Associates LLC (a telecommunications consulting and
contracting service), was the only party to submit formal comments from the communications
industry. Her comments have been attached as Exhibit C. It appears that some of her
Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code
Staff Report to the Planning Commission Page 4 of 7
�e"'a�'i�����
PA��__,.,�.��
comments stem from a misunderstanding of the code. Staff is still analyzing other
suggestions made by Ms_ Telschow. A meeting between city staff and Sarah Telschow has
been set for October 5, 2009, to discuss her comments and suggestions.
2. Although not a formal submittai of comments, staff has talked to a gentleman in regards to
possible interference caused by PWSF facilities to amateur HAM radio facilities. The main
concern was in regards to the proposed removal of FWRC 19.255.070(2), which presently
allows the city to revoke or modify a permit if it is found that the PWSF interferes with other
communications reception. The city does not have a telecommunications specialist who can
measure or determine any complaints regarding interference. Additionally, any and all issues
regarding bandwidth or frequency issues must be handled by the FCC by federal law. This
information was relayed to the gentleman.
VI. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Counci! Rezones," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning
Commission is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
To determine whether the proposed zoning code text amendments meets the criteria provided
by FWRC 19.80. i 30.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendrr►ents.
VII. DECISIONAL CRITER[A
FWRC 19.80.130 provides criteria for zoning text amendments. The following secrion analyzes
the compliance of the proposed zoning text amendments with the criteria provided by FWRC
19.80.130_ The City may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
The proposed FWRC text amendment is consistent with the following Federal Way
Comprehensive Plan (FWCP) policies:
LUGI Improve the appearance and function of the built environment.
LUPI Use residentia! design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses_
LUG2 Develop an efficient and timely development review process based on
public/private partnerships.
Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code
Staff Report ro the Planning Commission Page 5 of 7
l
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LUP4 Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
PUGl Work with private utility companies to allow them to provide full and
timely service that meets the needs of the City's residents and
businesses, both present and future.
PUG2 Work with private utility companies to allow them to provide service in a
way that balances cost-effectiveness with environmental protection,
aesthetic impact, public safety, and public health.
PUG3 Process permits for private utility facilities in an efficient and timely
manner, in accordance with €ranchise agreements, development
regularions, the FWCP, and adopted codes.
2. The proposed amendment bears a substantial reiationship to public health, safety, or
welfare.
The proposed FWRC text amendment bears substantial relationship to the public health,
safety, and welfare because it provides for more streamlined permit processing, which in turn
ultimately translates into a more reliable communications network. Additionally the
amendment affords the city more flexibility to offer a communications solution following a
disaster or accident.
3. The proposed amendment is in the best interest of the residents of the city.
Approval of the proposed code amendment would benefit the city as a whole as it would
provide the opportunity for a stronger communications network within the city and
aesthetically pleasing PWSFs.
VIII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," as set forth in Exhibit A, be
recommended for approval to the City Council.
1. Amendments to FWRC 19.255.010.
2. Amendments to FWRC 19.255.020.
3. Amendments to FWRC 19.255.(140.
4. Amendments to FWRC 19255.050.
5. Removal of FWRC 19255.070.
6. Removal of FWRC 19255.090.
7. Amendments to Zoning Charts FWRC 19.195.190, 19.200.190, 19.205.200, 19.210.050,
19.212_ 120, 19.225.120, 19.230.140, 19.235.100, 19.240.140, and deletion of Zoning Chart
19.245.010.
Proposed Amendments to Personal Wireless Service Facili[ies (PWSF) Federal Way Revised Code
Staff Report to the Planning Commission Page 6 of 7
�����-s:��
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IX. PLANNIIYG COMMISSION ACTION
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
following actions regarding the proposed zoning code text amendments:
I. Recommend to the City Council adoption of the FWRC text amendments as proposed;
2. Modify the proposed FWRC text amendments and recommend to the City Council adoption
of the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4_ Forward the proposed FWRC text amendments to the City Council without arecommendation.
EXH[BITS
Exhibit A Proposed Code Amendments:
Chapter 19.255, "Personal Wireless Service Facilities"
Zoning Charts: 19.195.190, 19200.190, 19.205.200, 19.210.050, 19.212.120, 19.225.120,
19.230.140, 19.235.100, 19.240.140, and 19.245.010
Exhibit B A Brief Technical Summary on PWSFs
Exhibit C— Copy of Email Received from Sarah Telschow, RealCornm Associates LLC
K:�2009 Code Amendrnents�PWSF1Planning Commission\STAFF REPORT TO THE PLANNING COMMLSSION.doc
Proposed Amendments to Personai Wireless Service Facilities (PWSF) Federal Way Revised Code
Staff Report to the Planning Commission Page 7 of 7
EXHIBIT A �A�� 2
FEDERAL WAY REVISED CODE (FWRC)
TITLE 19, Z01vING AND DEVELOPMENT CODE
Chapter 19.255, Personal Wireless Service Facilities
Sections:
19.255.010 Personal wireless service facilities (PWSF).
19.255.020 Development standards.
19.255.030 Nonconfortnance.
19.255.040 Temporary personal wireless service facilities.
19.255.050 Application requirements.
i 4.255.060 Collocation.
i n ��3 n�n �r,r� a a a� .o�F ..e,.,.o
-v-r�nrrrr�ciiaurasuiiQ
°.��w 19.255_070 Removal of facility.
i n �cc nnn no..,.,,;+ i:».:�.,�:,.��
19.255.080 Revocation of permit.
19Z55.010 Personal wireless service facilities (PWSF).
(1) Purpose. This section addresses the issues of locarion and appearance associated with personal
wireless service facilities_ It provides adequate siting opportunities through a wide range of locations and
options which minimize safety hazards and visual impacts sometimes associated with wireless
communications technology. b F F 'i'F' o 1+ ,.:�a;., a F
2� De znitions. An words, terms or hrases used in this section which are not otherwise defined �shall
.f Y P
have the meanings set forth in Chapter 19.05 FWRC.
(3) Exemptions. The following antennas and facilities are exempt from the provisions of this section
and shall be permitted in all zones consistent with applicable deveiopment standards as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) Wireless communication facilities used by federal, state, or local public agencies for
temporary emergency communications in the event of a disaster, emergency preparedness, and public
health or safety purposes.
(b) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC
19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances.
(c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio
operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances.
(d) Satellite dish antennas less than two meters in diameter, including direct-to-home satellit�
services, when used as a secondary use of the property; provided such antennas comply with all
applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and
19.110.070, Rooftop appurtenances.
(e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for
use in the sale of utility services, except for whip or other antennas greater than two feet in length;
provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement
between the utility service provider and the city.
Routine maintenance or repair of a wireless communication facility and related equipment
excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or
buildings; provided, that compliance with the standards of this tit(e is maintained.
PA�E
�g) Equipment cabinet additions or upQrades within existing equipment enclosures or buildin�s,
so long as there is no material area expansion of the equipment enclosure or buildin� or chan�e to the
annroved architectural desi�r► of the existin�equipment enclosure or buildin�.
(4) Prioritized locat�ons. T'he following sites shall be the required order of locations for proposed
PWSFs, including antenna and equipment shelters. In proposing a PWSF in a particular location, the
applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority
(ocations and document, to the city's satisfaction, why locating the PWSF in each higher priority location
and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs are as
follows:
(a) Structures located in the BPA trail. A PWSF inay be located on any existing support
structure currently located in the easement upon which are located U.S. Department of Energy/
Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning.
(b) Existing broadcast, relay and transmission towers. A PWSF inay be located on an existing
site or tower where a legal wireless telecommunication facility is currently located regardless of
underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF
location, the applicant shall document why collocation on the existing site or tower is not being proposed,
regardless of whether the existing site or tower is located within the jurisdiction of the city.
(c) Publicly used structures. If the city or other �ublic.a e�ncy consents to such location, a PWSF
may be located on existing public facilities within ali zoning districts, such as water towers, utility
structures, fire stations, bridges, and other public buildings, provided the public facilities are not located
within pubtic rights-of-way.
(d) Appropriate Na N'�° °°a°d zoning districts. A PWSF inay
be located on private buildings or structures within
a;�*�:^*°, non-residential zoning districts as allowed bv the zoning chart. T"° �r°� a
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(e) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights-
of-way shall be defined as including those public rights-of-way with functional street classifications of
principal arterial, minor arterial, and principai collector. A PWSF inay be located on existing structures in
appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least
330 linear feet.
Location of a PWSF
on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in
addition to the required use process approval.
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If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding
uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning
shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public r►ght-of-way and surrounding
uses or zoning are the same, the prefened locarion shall be that portion of the right-of-way with the least
adverse visual impacts.
Proposed Code Amendments Fite #09-t03477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities Page 2 of 10
PA�� 1���
If the applicant demonstrates to the city's satisfaction that it is not technica(ly possible to site
in a prioritized location, the city reserves the right to approve alternative site locations if a denial would
be in violation of the 1996 Telecommunications Act, as determined by the city.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord_ No. Oi-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-
300, 3, 9-16-97. Code 2001 22-966.)
19.255.020 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
personal wireless service facility:
1) Building- or structure-moc�nted PWSFs on existing buildings
or structures in or out of the public rivht-of-tivay. PWSFs mounted on existing buiidings and structures
shall conform to the fol(owing development standards:
(a) T'he PWSF shall consist only of the following types of facilities=
(i) A microcell or a minor facility; or
(ii) A PWSF that exceeds the minor facility thresholds for number of antennas,
dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the
director of community deveiopment services, subject to meeting all of the following standards:
(A) The facility shall not create substantially more adverse visual impact than a
minor facility; and
(B) The equipment cabinet for the PWSF shall meet all rec{uirements of subsection
(S� of this section; and
(C) The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project location,
surrounding environment, and potential visual impacts; and
(D) The PWSF shall comply with all other applicable standards of the Federal Way
Revised Code.
(b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet
above the existing or proposed roof or other structure regardless of whether the existing structure is in
conformance with the existing ma�cimum height of the underlying zone as outlined in the use zone charts,
FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances
provided they do not extend beyond 15 feet above the roof proper.
�c) For PWSF's located in the right-of-wav, the combined antennas mav extend up to the
minimum necessar r�he�ight to meet safetv clearances required by the operator of the existin� structure, but
not exceed 15 feet above the existin� shucture, plus the hei�ht of the proposed antennas as specified in
subsection (1)L1 of this section. The maximum allowable height of the new structure with
the PWSF antennas shall be determined by the director of communitv development services, depending
upon the antenna type, design, location on the structure, and the proposed method of attachment. An
existing structure can be increased in hei ht only once per a 12-month period. Anv structure, whether a
new or replacement structure, located in a public right-of-way must be similar in terms of size (except
hei�ht), shape, color, material, and location to the existin�and surroundin� structures, as determined by
the director of communitv development services. The antenna extension may be permitted regardless of
whether the existing structure is in conformance with the maximum hei�ht of the underlying zone as
outlined in the use zone charts, FWRC Title 19, Division VI, Zonin�gulations.
(-E} �The antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the
greatest extent practical, blend into the existing environment pursuant to subsection of this section.
Panel and parabolic antennas shall be screened from residential views and public rights-of-way unless
meeting the provision of FWRC 19.110.070(2)(b).
(e)The maximum size of the PWSF panels and number of antennas shail be determined bv the
director of community development services, based on the s�ecific �roject location, surrounding
Proposed Code Amendments File #09-I03477-00-SE
FWRC Chapter 19_255, Personal Wireless Services Facilities Page 3 of 10
PA��_..l.l_��
environment and potential visual impacts The maximum size of antennas to be iocated on existinQ
structures in a public right-of-way shall be two feet in diameter for parabolic antennas, ei�ht feet in hei�ht
for panel antennas, and i 5 feet in hei�ht for �vhip antennas.
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f e} Required setbacks shall not pertain to PWSFs within public rights-of-way �e�
Within residential
zones, equipment enclosures, and buildings to house equipment cabinets located above ground on
properties adjacent to the public right-of-way shall meet all appiicabie setback requirements for
residential development of the underlying zone. For developed sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be those of the principal use of the subject property. For
undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shail be
20 feet for front, side, and rear yards.
�3-} New freestanding PWSFs_ All requirements of the associated land use zonin� charts must be
met. Additionallv, �these structures shall conform to the following site development standards:
(a) Placement of a&eestanding PWSF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wire�ess Services Facilities Page 4 of 10
PA��_.L�.���,_
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice
tower may be used to accommodate the collocation of four or more providers as part of a joint permit
application_
(c) In no case shalt a freestanding PWSF be located closer than 500 feet to an existing
freestanding PWSF whether it is owned or utilized by the applicant or another provider.
(d) A freestanding PWSF, including the support structure and associated electronic equipment,
shall comply with all required setbacks of the zoning district in which it is located. For developed sites,
the setback requirements shall be those of the principal use of the subject property. For undeveloped sites,
the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards.
(e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total PWSF as possible from
prevalent views; and/or
(ii) Use existing site features as a background so that the total PWSF blends into the
background with increased distances.
[n reviewing the proposed placement of a facility on the site and any associated landscaping,
the city may condition the application to supplement existing trees and mature vegetation to more
effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be camoufla�ed to blend in
harmoniously within the existin� site through the use of faux-structural desi�r►s, or when not
technolo�ically or aesthetically feasible, painted in a non-retlective se�e�e� cotor scheme appropriate to
the background against which the PWSF would be viewed from a majority of points within its viewshed.
The proposed color or color scheme shall be approved by the hearing exarniner or director of community
development �ee�e� services.
Screening standards for atl PWSFs. PWSFs shali be screened or camouflaged through
employing the best available technology and design, as determined by the city. This may be accomplished
by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to,
artificial trees and hollow flag poies, and/or other methods or techniques to achieve minimum visibility of
the facility as viewed from public streets or residential properties. In addition, the provisions for
landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall
apply.
Standards for electronic� cabinets.
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Be placed in a� a new or existing completely enclosed
building with the maxirnum size of the buildin� to be determined on a case-bv-case basis by the director
of community development services, or;
(-i� ii Be placed above ground in a new s��
exsiese�tri-��xg or existing ectuinment enc(osure with the maximum size of the buildin t�o be
determined on a case-by-case basis by the director of community development services.
(b) rF �w��.° Equipment enclosures shall be screened with one or a combination of the
following methods, which shail be acceptable to the city: fencing, walls, landscaping, structures, buildings
Proposed Code Amendments File �09-103477-00-SE
FWRC Chapter 19.255, Personai Wireless Services Facilities Page 5 of 10
l
F�������
or topography which will block the view of the equipment enc(osure to the greatest extent possible from
any street and/or adjacent properties, as determined by the director of community developrr►ent services.
Screening may be located anywhere between the enclosure and the above-mentioned viewpoints.
Landscaping for the purposes of screening shall be maintained in a healthy condition, �ursuant to FWRC
19 .125.090(2) a°*°-m:�°a'�.
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If the equipment cabinet is located within a new Ee�}� enclosed building, the
building shall conform to all applicable development standards and design guidelines for the underlying
zone. The Ea�� enclosed building shall be architecturally designed and shall be compatible with
existing buildings on the site. The se�� enclosed building shall be screened to the greatest extent
possible from any street and/or adjacent properties by landscaping and/or topography.
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(a) Electronic equipment enclosures shall not be allowed within the right-of-wav.
In residential zones, equipment enclosures located above ground on properties adjacent to
the public nght-of-way sha(1 meet all applicable setback requirements for residential development of the
underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment
enclosure shall be those of the principal use of the subject property. For undeveloped sites in
nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side,
and rear yards. However for undeveloped sites in nonresidential zones if the applicant can demonstrate
that the equipment enclosure can blend in harmoniously with the existin� site and complement the
landscape buffer requirements of the underlvin� zone as determined appropriate by the director of
Proposed Code Amendmen[s Fiie #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities Page 6 of l0
PA��..�_��
community develoQment services the equipment enclosure can be located inside of the 20 foot setback
but outside of the required Landscapin� buffer of the underlyin zg one•
Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functional impacts on the pedestrian environment.
Equipment enciosures and screening shall not adversely impact vehicular sight distance.
Security fencing.
(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
(c) Chain-link fences shall be painted or coated with a nonrefiective color.
Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted on
existing structures and/or located on a given permitted site in determining whether additional permits may
be granted so as to not adversely effect the visuai character of the city.
Signage. No wireless equiptnent shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identifieation, hazard warnin�, and name of provider.
Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section shall be defined by the
appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.
(b) Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord No. 00-363, 14, 1-4-00; Ord. No. 97-
300, 3, 9-16-97. Code 2001 22-967.)
19.255.030 Noneonformance.
Permit applications made under this section to locate a PWSF on property on which a nonconformance
is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the
property into conformance as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipulated in FWRC 1930.110.
(2) To bring the property into conformance with the development regularions prescribed in FWRC
Title 16 re(ating to water quality as stipulated in FWRC 1930.120(lxg). All other requirements of
FWRC 19.30.120 to bri�ng the properly into conformance with the development regulations prescribed in
FWRC Title 16 relating to water quality shall apply.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, I4, 1-4-00; Ord. No. 97-300, 3, 9-16-97_ Code 2001
22-968.)
19.255.040 Temporary personal wireless setvice facilities.
As determined by the director of community development services, a temporary personal wireless
service facility, or cell-on-wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the conshuction of a freestanding PWSF which has been approved
through the appropriate permit process; provided, that the temporary personal wireless service facility or
cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the
appropriate permit process. Only one temporary personal wireless service facility or cel(-on-wheels shall
be permitted for a single site.
(2) For a period of 39-�a�s time deternuned to be appronriate b�the director of communitv
development services, during an emergency declared by the city, state, or federal government that has
caused a freestanding PWSF which has been approved through the appropriate permit process to become
involuntarily non-operationai; provided, that the temporary personal wireless service facility or cell-on-
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities Page 7 of 10
f
P���������
wheels creates no more adverse impacts than the PWSF which was approved through the appropriate
permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in
an amount to be determined by the director of community development services in order to guarantee
performance of future removal and restoration of the site.
(Ord. No. 08-�8�, 3(E�ch. A), 11-4-08; Ord_ No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-969.)
19.255.050 Application requirements.
(1) Except for temporary personal wireless facilities, permit applications made under this section shall
include the following minimum information in addition to that required for the underlying permit review
process:
(a) A diagram or map showing the primary viewshed of the propvsed facility.
(b) Photosimulations of the proposed facility from affected properties and public rights-of-way at
varying distances. These photo simulations should include examples of camouflage and stealth
installation options.
(c) Architecturai elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and an explanation of the
need for that facility at that height and in that location.
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(e) An inventory of other PWSF sites operated by the applicant or other providers within a one-
mile radius of the proposed PWSF location, a� ���~��u��ooQns
b
(fl A site/landscaping plan showing the specific placement of the PWSF on the site; showing the
location of existing siructures, trees, and other significant site features; and indicating type and locations
of plant materials used to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located above ground, �'g�ess
an
explanation of why it is impracticable to locate the cabinet underground.
Documentation of efforts to collocate on existing facilities.
The city may require the appticant, at the applicant's expense, to provide any additional
information, mapping, studies, ma.teriats, inspections, or reviews that are reasonably necessary to
implement this chapter and to require that such information, studies, mapping, materials, inspections, and
reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense.
(2) Permit applications for temporary personal wireless service facilities shall include the following
rtlinimum information:
(a) Documentation of previously permitted facility.
(b) Site plan showing proposed location of temporary facility in relationship to the location of
the previousiy permitted facility and property boundaries, including dimensions from the property lines
and height of proposed facility.
(c) Photographs of the proposed facility.
(Ord. No. 08-585, 3(Exh. A), i 1-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No_ 00-363, 14, 1-4-00; Ord. No. 97-
300, 3, 9-16-97. Code 2001 22-970.)
Proposed Code Amendments Fite #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facili[ies Page 8 of l0
PQ���'��
19.255.060 Collocation.
(1) A permittee shall cooperate with other PWSF providers in collocating additional antennas on
support structures and/or on existing buildings and sites, provided said proposed collocatees have
received a permit for such use at said site from the city. A permittee shall allow other providers to
collocate and share the permitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive conflict or financiai burden).
In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new
applicant, the city may require a third party technical study at the expense of the permittee. Failure to
comply with this provision may result in a revocation of the permit.
(2) A signed statement indicating that the applicant agrees to allow for the potential collocation of
additionat PWSF equipment by other providers on the applicant's structure or within the same site
location shall be submitted by the applicant as part of the permit application. If an applicant contends that
future collocation is not possible on their site, they must submit a technical study documenting why.
(3) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate
public rights-of-way within residential zones, neighborhood business (BN) zones and professional office
(PO) zones.
(Ord. No. 08-585, 3(Exh. A), I 1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-971.)
=�019.255.070 Removal of facihty.
(1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of
the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC.
Additionally, the owner or aperator of a PWSF shall notify the city in writing of the abandonment of a
particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be
removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked,
or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes
structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety
or visual impacts. If there are two or more users of a single tower, then the city's right to remove the
tower shall not become effective until all users abandon the tower.
(2) Partial abandonment and removal_ If the abandoned antennas on any PWSF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer
in use, the PWSF shall be considered partially abandoned. The owner or operatnr of any partially
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter I9.255, Personaf Wireless Services Facilities Page 9 of 10
��s...�
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abandoned PWSF shall notify the city in writing of the partial abandonment of a particular facility within
30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from
the date of partial abandonment to coilocate another service on the PWSF. If another service provider is
not added to the PWSF within the allo�ved 120-day collocation period, the owner shall in 210 days of
partial abandonment, dismantle and remove that portion of the supporting structure which exceeds the
point at which the highest operational antenna is mounted.
(3) Removal uncl lien. If the provider fails to remove the abandoned or partially abandoned facility
upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the
property owner on which the abandoned or partially abandoned facility is located. The city may enforce
this subsection using the procedures as set forth in FWRC 1.15.010.
(Ord. No. 08-�8�, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-9T.)
1 O.'�� 19.255.80 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of the
following reasons:
i) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a
permit;
(3) When the permit was procured by fraud, false representation, or omission of material facts;
(4) Faiture to cooperate with other PWSF providers in collocation efforts as required by this chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Failure to remedy localized interference with the reception of area television or ra.dio broadcasts or
the functioning of other electronic devices.
(7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to determine
if the permit shall be revoked as it used to grant the permit.
(Ord. No. 08-585, 3(Exh. A), i 1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-975.)
K:�2009 Code AmendmentslPWSFIRefortnatted Zoni�g Charts\Version sent to Stakehoiders\Chapter 19-255.DOC
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Serv�ces Facilities Page 10 of 10
19.195.190 Personal wireless service facility.
The followin uses shall be ernutted in the suburban estate SE zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULAT[ONS
Minimums
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wireless eietr2 nute 1 note I note I note 1
service facility Process
(PWSF) j(
See note 4
for allowed
types of
P W SFs
Process I, ll, 111 and !V are described in
Chapter 19.55 FWRC,
Chapcer 19.6u FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
R.
ro
�X W
2
Refer to See
FWRC note 3
19.255.020
for maxi-
mum
heights for
allowed
types of
PWSFs
N
U
b
N
A
in oc a
Z��
SE
SPECIAL REGULATIONS AND NOTES
Not N/A I. Not applicable. PWSFs allowed on existing structures only.
allowed
on a
PWSF
..i, .ea .,ae. curo�� �n �cc n�n��vw�
c ....,i i v. „w,.. e,,,.:1
H-tt .H.., c C. �.t„
�z� �n.., o�a�ec 1 H+td
..t t,e:rtt,. R .o,a ,...a.,.. c�aro� i n �cc n�ni�vw�
A 11 ..�1.,�. I,.,...�'...,. ,.0 D\17CC,. .,I7 e.1
3-: 2. All PWSFs shall be landscaped and screened in accurdance with Chapter 19.125 FWRC and dte provisions of the PWSF
development regulations. At a minimum, a five ft. type IIl landscaping area shall Ue required around the facility, unless the
communiry development services director determines that the f'acility is adequately screened.
4. 3. New f'reestanding PWSFs are nut allowed. PWSFs shall be allowed only on existing towers, on publicly used structures not
located in public rights-o1'-way, on existing sn•uctures located in the BYA p•ail, and on existing structw�es in appropriate public
rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types oT'PVVSFs.
For other iufornu�tiou about parkiuo and parking areas, see Chapter 19.130 PWf2C.
K�.�2009 Code Amendments\PWSflPlanning Comrnissiun\Oct 7 Meeting Paeket\SE 19-195-190 PWSF.doc
Fur de[ails ol'what mry excerd this heigh� limit, see FWRC I'l.l 10.050 nt sey.
For details regarding required yards, see FW RC 19.12�.160 rt �ey.
5;; u�
19.200,190 Personal wireless service facility.
The followin uses shall be ernutted in the sin le-fa�
DIRECTIONS: FIRST, read down to find use THE
Minimums
,Z`", Re uired Yards
y
E"� C�
U pp
a
b 4
c a
yE a4 04 w v�i a`� x
Petsmel 6eerate 3ee note 3eo See 3ee Refer to See
wiraless 1 note 1 nota 1 note 1 FWRC note 3
sarvice fecility py�g� 19.255.02U
(PWSF) jj formew.
mum
Sce note 4� heights Por
for allownd allowed
types of types of'
PW3Fs PWSPs
vccfloi�.z
Process I,11, III and I V arc desaibed m
Chepter 14.55 FWRC,
Chepter 19.60 F'WRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
zone subject w the regulation
USE ZONE CHART
and notes set forth in this section:
across tor REGULA
h
u
v�i a w
N/A
allowed
aia
PWSF
ZONE
RS
SPECIAL REGULATIONS AND NOTES
Not applicable. PWSFs allowed on existing structures only.
9�N�pe�-ef
9f�EtlfE�'9F
3: All PWSFs shall be landscaped and screaned in accordance with Chapter 19.125 FWRC and the provisions of the PWSF
development tegulations. At ri minimum, a five ft, type III lnndscaping area shall be required around the facility, unless the
communiry development services direcWr determines tliat the facility is adequately screened.
4. 3 New freestanding PWSFs are not allowed. PWSFs shall be allowed oniy on existing towers, on publicly used structures not
located in public righu-of-way, on existing structures located in the BPA kail, and on existing structures in appropriate public rights-
of-way. Refer to FWRC 19.255.020or development stntidards applicable to allowed types of PWSFs.
For other information ebout parl<ing e��d parking ereea, see Chepter 19.130 FWRC.
For deteils of whet mey exceed this hei�t limit, eee FWRC 19.110A50 et eeq.
For deteils reprdingmquired yerds, see FWRC 19.125. I60 et seq.
K:\2009 Code Amwdme�tte\PW SFUtefonnatted 'lonutg Chetta\Veroiun sent to 5tukeliniders\RS 19•200-I90 PW SF.doc
.i�`
I
19.205.200 Personai wireless service facility.
The following uses shall be pernuued in the multi
U5E
U
Peisaie!
DIRECTION
O
r,
U
b�
3 N
a w
f'ecility Process
u
See note 4�
for ullowed
IyVCS O��
to find use
ro
Q y ti
w cx
See note I See I Sc� I See
1 note I note 1 note 1
fa
�F a.
�a
U
p
1�
Refer to See nc
FWRC 3-d
19.255A20
fa� cnaxi-
mum
he�ghts for
allowed
types of
PWSFs
residential (RM) zone
wross for REGULATIONS
K
a
t
M
in a a
Not N/A
ril lowed
a�a
PWSF
w the
U5E ZONE CHART
notes set forth in this section:
Z��"
RM
SPECIAL REGULATIONS AND NOTES
1. Not applicable. PWSFs allowed on existing structures only.
�tt4teE�tre;-ef
9ffH�k132�; 9P
�t'aaEme�ln9-at�}
3- 2. All PWSPs shall be landscaped nnd screened in accordunce with Chapter 19.125 FWRC and the provisiuns of tlie PWSF
development regulations. At a nunirnum, a five R type III lundscaping aren ghxll be required eround the tacility, unless the
community development services direowr deternunea thnt thu fncility is adequately screenud.
3. New freestnnding YWSFs =ue not ullowed. PWSFs shall be ullowed only on existing towers, on publicly used structures vot
loc:ued in public rights-ot=way, on existing sWctures locxted in the BPA truil, and on exisling structurea in appropiiate public righu•
oY=way. ReYer to FWRC 19.255,0?U f'or development standards applicable to allowed types of PW SFs.
Process I, II, III t+nd I V e�•e described 'u�
22-351 22-356,
22-361 22•37�
32•366 22-411,
22-431 22-460,respecuvely.
For othtr infonnation nt�out parkittg awd ptui<iug m'ees, see Cttapter 19.130 FWRC
For details of what may exceed this heiyht hiwt, aee FWRC 19.110.050 et seq.
Fw� details re�rding rnquired yards, see FWRC 19.125.160 et 5eq.
K'12W9 Code Aiucudmeuts\PW SF�Refurtnatted Zouu�g Cliarts\Veraion sent to Stakeholders\ItM 19-205-200 PW SFAoc
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19.210.050 Personat wireless service facility.
The followin¢ uses shall be necinitted in th
office
zonesubiecttothe
notes
USE ZONE CHART
h
z
o
P�., a N
a
x c�
i'1, road dowtt to tind usa
[inimums
Re uired Yards
A
w a �x
PCraonnl 6ea��ate� See nole See See See
wireless 1 noie I note 1 no[e 1
service Pra:ess i[
fnciliry
Sec note 4 3
fa• ellowed
types of
Kotar W
FWRC
19.255.02U
fw maxi�
mum
heighta for
ellowed
types ot
PWSFs
oc'c
q
Sce
U
b�
a�
Not N/A
allowed
on u
PWSF
3- All PWSPs shxll Ue lamiscaped xnd screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF
development reguladons. At ti minimum, a five ft. type III landscaping area shall be required nround the facility, unless the
community developrnent services direcWr detemunes thxt the facility is adequately screened.
4t 3. New li�eestanding PW SFs are not allowed PWSFs shall be allowed only on exisdng towers, on priv�te buildin¢s and
swctures, on publicly usad structures not locuited in public rights•ot=way, on existing atructures located in the BPA trail, and
on exisGng structuras in appropriate public rights-of•way, Refer W FWRC 19,255.020 for development standnrds appliceble
to altowed types ofPWSFe.
Process I, II, III and IV ere desa•ibed u�
Chepteu• 19.55 FWRC,
Ohepter 19.60 FWRC,
Chapter 19.65 FWRC,
Chepter 19 70 FWFtC respcarvely.
ZONE
PO
SPECIAL REGULATIONS AND NOTES
1. Not applicable. PWSFs nllowed c�n existing structures only.
P
For other iafocmetion e6out perlcing and perl<ing ereea, see Chapter 19.130 FWRC.
For defeils of whet may exceed this hei�it limit, see FWRC 19 110.050 et seq.
For detaila regarding required ye� ds, see FWRC 19.125.160 et seq
K:\2009 Codn Ameudmente�PW SFlRefonnatted 7_ouuig Charts\Vetsion seut tn Stakeholderb\PO 19•210�050 PW 3F.doc
r�
19.215.100,Personal wireless service facility.
The followin uses shall be ermitted in the nei
z DIRECTIONS: FIRST, read down to 6nd use
Minimums
Re uired Yards
'O y U
,d
USFi N O Q A
U c�a a w u� a �x
Person�l 8ee-nafe See note See See See Refer to
w�rcicKS 3 1 note I note 1 note I FWRC
seNice fac;iGly Proeess 19.255A20
(PWSF) u tormaw-
rnurn
Sce note 4� heights f'or
I'a• ullowed ellowed
types of types of
PW SFs P W SFs
oce
ria�
�W
�8rt
a_.._ e u
'[¢mP17
�d Y
''..c All PWSFs shall be landscaped and screoned in accordance with Chapter 19.125 FWRC and flie provisions of the
PWSF development regulacions. At u minimum, s five ft. type III landscapin� area shxll ba required around the facility,
unlass che community development services director deteimines that the facility is udequately screened.
+k 3. New lieestanding PWSFs iue not allowed. PWSFs shall be allowed only on exis6ng towers, 4n }�rivat� buildines
and structures. un publicly wed structures not located in public rights-ot�way, on exis6ng structures located in the BPA
trail, and ott existing structures iu eippropriate public rights-of-way. Refer to FWRC 19.255.020 for development
stsndurds a�licable to allowed types ofPWSFs,
rrerr
Pi�:ess I, II, III nnd IV ure desa•i�nd w
Chaptar 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Cheyter 19.70 FWRC respadively.
K:�2009 Codc Amendment�\PW3F1ReRumetted ZxiuingCl�arts\Veroiuu eent M StakoltoWets\BN 19•215•100 PW3F.doc
zone subiect w the
USE ZONE CHART
and notes set forth in this section:
ZONE
BN
REGULATIONS
.q
ii.
..7
00
0.
SPECIAL REGULATIONS AND NOTES
See Not N/A 1. Not applicable. PWSFs allowed on existing structures only.
nae 3 aUowed
2 on a
PWSF
r
'v;ici 'rrria
t5ftttg
Fa• other u�foimetion ebout pa�kii� end p�u•I<ing ereas, see Cheplcr 19.130 FWRC.
Por detaila of what mdy e�cceed tlus hei�u limit, see PWRC 19. I 10.050 et eaq.
For details re�rding requited yw•ds, see FWRC 19.125.160 et seq.
19.220.120 Personat wireless service facility.
The following us.es shall be permitted in the community business (BC) zone subject to the re�ulations and notes set forth in
down to Snd use
0
H
USE
U
fecility
See nwe 5
for ellowed
typea of
PWSFs
a
aa
Sao noto
2
F
.q
J
ti a �x
See See 3ee Referto
note 1 note t note 1 FWRC
19.255.020
for mexi-
mum
heighta for
allowed
types of
PWSFa
See note 3
Process 1, Il, III nnd IV ure drsc�•ibed in
Chnptr,r 19.55 FWRC,
(7hapter 14.60 FWRC,
Chaptnr 19.65 FWRC,
Cheptcr 19.70 FWRC rospec[ively.
a
�n rx a
U5E ZONE CIIART
ZONE
B lr
SPECIAL REGULATIONS AND NOTES
See Not N/A 1. For daveloped sites, the setback reyuirements shall be thosa of the principxl use of the subject property. For undeveloped sites, the
no�e 4 �llowed ���k requirements for new fi�eestanding PWSFs shall be 20 tl. for finnt, side, and rear yards.
2. Subject to meeting all applicable development standarda, the review process used shall be process I, except far the following
PWSF proposals:
a. Pi'ocess j� for the following proposxls:
(1) The PWSF is located within 300 f1, of a residenUal zon
or
(2) The PWSF is located on a structure tl�at is a residence or school or contains a residence or school,
or
(3) The PWSF is a new freestnnding PWSFs;
b, Process �R' �I if the PWSF is a l:�ttice tower accommodating four or more providers,
�t�uetas+�; ar
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to l0U ft., plus
xny height grnnted under FWRC 19.110.060, A PWSF shall be allowad up to 120 R if there are two or more pruviders; except that a
la[tice tower of betweeu 120 ft. to I50 t1. will be allowed under a combined application of four or more providars.
4. All PWSF shall be landscaped and screened in accorciance with Chapter 19.125 FWRC and the provisions of the PWSF
development regulations. At a minimum, a five ft. type III landscaping area sltall be reqttired around the facility, unless the conununity
development services director detemtines that the facility is adequately screened.
5, New tieestandingPWSFs are allowed subject tn height limit� and collocation provisions, PWSFs an tillowed un existing towers, on
private buildings and siruotures, ou publicly used structures not located in public rights-ot=way, on existing structures loca h�.
BPA trail, and on existing suuctures iu �ppropriate public rights•of-way, Rafer to FWRC 19.235A20 tor development stan
For other infwmetion about p�u�Cing end pwking areas, see Chepter 19.120 FWRC.
Fa• deteils of whet [ru�y exceed this height limit, see FWRC 19.110.U50 et seq.
For details re r�rding required yerda, see NW1ZC 19.125.160 et eeq.
�r"'�
w
K:�2009 L'ndn Nnmidments�PW SF1Reforsnaned Zonmg Clwrts\Versian seut to Stakeliotders�BC 19420•1:0 PW SF.doc
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19.225.120 Personal wireless service facility.
The followin� uses shall be aern►itted in the
DIRECTIONS: FIRST, read dowi
Minimums
r� Re uired Yat
o
'U R+
u
d N
USFi a'S o �d
ll aa a w
Personnl See notc None See notes I end 4
w�relcss 2
service
I�ciliry
.SCC IICHC S
1'or ulluwed
types ol'
PWSFs
to find use
�x
Ref'er lo
FWRC
19.255A20
1'or maxi-
mum
flCl 7�II5 IOf
ellowed
types of
PWSFs
center core (CGC) zone
N, across for REGULATIONS
C
U
N
y
b
°n
h
v� rx a
See No� N/A 1. For
note 4 allowcd
setbacks see FWRC
O° a 19.255.020(5)(bl.
NwsF 2, Sub'ect to meetin all a licable develo ment standards the review rocess used shall be rocess I exc t for the followin
l PP P P P
proposxls:
[��,+,f.., r�tc7c7 o '�vi i$iv
\1, `a
Sae note 3 .ti.... c w. .L.,
f3j a. Process II if�the PWSF is a new freestanding PWSFs,
b. Process I�.[ if the PW SF is a luttice tower accommodaGng four or more providers.
f'}j�=ke-�S�'ts-la
3. Maximum allowed height for a new freeslanding PWSF shall be the minimum necessary to provide the service up to 100 H,,
plus any height granted under PWRC 19.] 10.06U. A PWSF shall be allowed up to 120 ft. if there are two or more providers;
except that a lattice tower of between 12U 8. W 150 ft. will be allowed under a combined application of four or more providers.
4. All PW SF shall be landscaped and scrnened in accordance witl� Chapter 19.125 FWRC and the proviaions of the PWSF
development regulations. At a minimum, K five ft. type III landscaping area shall be required around tha facility, unless the
community development services director detem�ines that the facility is adeyuately screened.
5. New freestanciing PWSFs are allowed subjact to height limits and collocadon provisions. PWSFs are allowed on existin��
towers, on private buildings snd structures, on pnblicly used atructures not locutad in public rights-of•way, on exisGttg stru�
located in the BPA pail, and on existing suucturea in appropriate public rights•of-way. Refer to FWRC 19.255,020 for
Proceas I, II, IIi and IV ere ddscribed in Por othec infotmetion ebout parking xnd p�rking rareas, sea Cheptar 19.130 FWRC.
Chapser 19.55 FWRC,
Chapter 19.60 FWRC, For deteils ofwhet may exceed this heibht limit, see FWRC l9.] 10.050 et seq.
Cheptor 19.65 FWRC, For deteils regarding required yarda, see FWRC 91.125.160 et seq.
Chapter t9.70 FWRC reapeprvely.
K12W9 Code Aiuendmen�\PW SFlRefimnatted Z+wmK Chorts\Versu�n sent to Stakel�oldeis�CCC 19•225-120 PWSF.duc
to the
USE ZUNE CHART
azid notes set forth in this section.
ZONE
CC-C
SPECIA,L REGULATIONS AND NOTES
19.230.140 Personal wireless service facility.
The followin� uses shall be uermitted in the
DIRECTIONS:
v�
z
F
J
b�
N
USFi �W O" s
u a
Personel 3ee note Na�e
wirelesa 2
service
fncility
Set note 5
I'ur nlluwed
types ��I'
PW SFs
read down to tind use
uired 1'
v
o :e u
w �x
:e notes 1 nnd 4� Refar to
FWRC
19.255.020
for maxi-
mum
heights for
nllowed
types of
PWSFs
See note 3
G
3ee
note 4
centex frame
;ross for REGULA
U
b�
h Q
t N/A 1. For
ellowed
on e
PWSF
zone subject to the
USE ZONE �HART
and notes set forth ui this section;
ZONE
CC-F
SPECIAL REGULATIONS AND NOTES
setbacks see FWRC
2. Subject to meeting all applicable development standards, the review process used shall be process I, except tor [he tollowing
proposals:
a. Frocess IlI t'or the tollowing proposals:
a vi i�
('3j f,�] Tbe PWSF is a new fteest<<nding PWSFs or,
f 2) If the PWSF is a lattice tower accommadatin� four or more �roviders.
�rz �-i: n`vovciiio
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up w 100 8.,
plus any height granted under FWRC 1�.110.060. A PWSF shal] be +illowed up co 120 R. if there are two or mu:•e providers;
except dtut a lattice tower of batween 120 ft. to 150 ft. will be allowed under n combined application of four or rnore providers.
4. All PWSF shall be landscaped and screened in accordance with Chaptex 19.125 FWRC end the provisions of the YWSF
development rngulations. At a minimum, u tiva ft, type III landscaping area shall be required around the facility, unless the
community development services direclor detetmines that the facility is adequately sereened.
5. New freestxnding PWSFs are allowed subject to height limits and collocaqon provisions, PWSFs are allowed on existing
towers, on private buildings and structures, on publicly used structures not locnted in public rights-of•way, on nxisGng structur�l4
located in the BPA trail, aud on ezisting structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for �e r
develoument standards auulicable to �Ilowed twes ofPWSFs. B
Process I, II, lII ar�d IV ure described in For other inf'otmation about parl<ing und pw'I<ing w�oas, see Chupter 19 130 FWRC.
Chapter 19.55 FWRC,
Cheptcr 19 60 FWRC, For det�ils oFwhat mey execed thie heigtd Ilrni�, see FWRC 19,110.050 et acy.
Chapter 19 ti5 FWRC, For details regerding rcquired yards, see F'WkC 19.125. l60 e1 seq.
Chapter 19.70 FWRC respactively,
K:12009 Cade Ameudmrrils\PW SF�Raftutnetted Zoning Charts\Vecsicro sent W Stakeliolders\CCP l9• 230� 140 PW SF.doc
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a�
19.235.100 Personal wireless service facility.
The followin� uses shall be permitted in the office
Yards
USE ZONE CHART
z
0
nl
USE
ll
Poroawl
wireless
service
faciliry
See note 5
tor �Ilcnved
types of
PW SFs
h
W
�a
a�
Sce
2
F
A ^�y
u
A J
.A
�x
N
�rJ h
q
Q'
'v"� c�
zone subiect to the regulations and notes set forth in this section:
ZONE
OP,
SPECIAL REGULATIONS AND NOTES
See Sec 3ee Referto See Not N/A 1.FoT e1�yc-Fe�-ttfl�evelepe�slfeg;�dte
nwe 1 uote 1 note 1 FWRC note 4 allowed 8etbneks see FWRC 19.255.020„(51(b)
19,255.020 on e 2. Subject to meating all applicaUle development standatds, the review process �used shall be procesa I, except fur the tollowing
formaxi. PWSF proposals:
a, Process i�F Ij for the tbllowing proposuls:
hei�ts for
allowed (1) The PWSF is located witliin 3UU ft. ofa residentiul zon
types ol'
PWSFs (2) Tl�e PWSF is located on a structure that is a residence or school or contxins a residence or school;
}t,... t A „L_�__ �f._
See note 3 (3) The PWSF is a new freestxnding PWSF
U. 1'rocess �f if'the PWSF is a lattice tower accommodudng four or more providers.
sh�eEtme;• er
�;-ef
3. Maximum u7lowed height for u new freestattding PWSF shall be the minimum necessury to pmvide the servi�;e up to l0U ft, plus
any height granced under FWRC 19,110.060. A PWSF shall Ue allowed up to 120 ft. if there are two or more pruviders; except that a
latcic:e tower of between 120 ft, to I 50 ti. will be allowed under a combined application of four or more providers.
4. All PWSF shall be landscaped and screened in accordance with Chapter 19.125 FWRC and die provisions of tlie PWSF
development regulations. At a minimum, a five tl. type III lsndscaping area shall Ue required around the facility, unless the community
development services director deternilnes that the faciliry is adequately screened.
5. New tieestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing to� o�
private buildings and structures, on puUlicly used structures not located in puUlic rights-of-way, on existittg suuctures located j�
BPA trail, and on existing structures in a}�propriate public rights-of-way. Reter to FWRC 19.255.U20 for development standa�
Pca:ess I, lI, IIl and I V are desaibed in
Chapter 19.55 FWRC,
Chepter 19.60 FWRC,
Chapter 19.65 FWRC,
Ct�epter 19.70 FWRC cespraively.
For other informntion ebout perking end psu'kin�; arens, see Chnpter 19.130 FWRC
For deteils ofwhet tney exceed thie hei�lit luni�, sce FWRC 19.110.050 et seq.
For deteils regarding required yerds, �ee FWRC 19.125.160 et seq.
ii:■ 0
K:4W9 Code ,Nneudment�\PWSF�Refonnaaed 2ouwg Cha�ts\Versirn� sent tu Shrkeholders\OP 19-2i5•100 PWSF.duc
19.240.140 Personal wireless service facilities.
g uses shxll Ue pennitted in the
DIRECTIONS: FIRST. read dc
f
W y
0�'S
USE a
Personal wireless �aeess-F;
service facility *r*�
See nate 5 for See nole 2
xllowed tyry�es ol'
PWSF'v
zone subject to tlie reKUlations and notes set torth in Uiis
USE ZONE CHART
to tind use THEN, across for REGULATIONS
Yards
U
v; p
A
w cn a
None See notes 1 attd 4
Process I, Il, III and IV ure described in
Chapter 19.55 FWKC,
Chap[er 19,6U FWRC,
Chapter 19.65 FWRC,
Chantcr 19.7U FWRC �esvectivelv,
p y 'd
7 O CD
��.Q
x a 0.
;fer to N/A 1. For
ZONE
CE
SPECIAL REGULATIONS AND NOTES
FWRC etbacks see FWRC
19,255.U2U 19.255.U20(51(hl
for 2. Subject to meeting all applicaUle development standards, the review process shall be Process I, except Tbr the following
maximum proposals:
heighls tor u. Processf#F for the followiug proposails:
allowed (1) The PWSF is loca[ed within:�00 f'eet ofa residenGal zon° r m++'� °`DO° L N ti�
types of
PWSF's (2) The PWSF is located on a struclure that is a residence or school or contains a residence or school;-praridc�
u
See note 3 (3) The PWSF is a new freestanding PWSF; except as provided in note (2)(c).
b. Process ��II if the PWSF is a l�ttice tower accommodating four or more providers or the PWSF is a new f'reestand+_ne
PWSF
sh�e�te; er
rsk�eve�E$e
3. Maximum allowed height for a new freestanding PWSF shull be the minimum necess:uy to provide the service up to 100 fl.,
plus any height gtanted under FWRC 19.110.060. A PWSF sh:�ll be allowed up to 120 ft. if there are two or m��re providers;
except that n lattice [ower ofbetweeu 120 R. to 150 ft. will be allowed under u combined application of four or rnore
providers.
4. All PWSFs shull be ltindscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of Uie PWSF
development regulatiun�. At a minimum, a tive ft Type III landscape area sludl be required around the Yacility, unless the
community development services director deteimines t]�at the f'acility ie adequately screened.
5. New freestanding PWSFs are ailowed subject to height limits +ind collocation provisions. PWSFs ure allowed on existing
towers, on piivate buildings and structures, on publicly used structures not located itt public rights-of-way, on exis6ng
structures located in the BPA trail, and on existing sttuctures in appropriate public rights-ot=way. Refer to FWRC 19.255.0�1�
f'or development standtu•ds a�plicable to allowed types ofPWSFs.
For other information uUout parking und parking areas, see Ch:ipter 19.130 FWRC.
For detttils of wlutt may exceed this height limit, see FWRC 19.11U.050 et seq.
For delails regxrding required yards, see FWRC 19.125.160 et sey.
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EXHIBIT B
PR��?���°
A Brief Technical Summary on PWSFs
It is important to lrnow the basics of cellular technology and the safety concems related to
Electromagnetic Fields (EMF) and Radio Frequency (RF) emissions prior to considering the
proposed modifications to the PWSF code sections. The proceeding information is based on
Centers of Disease Control (CDC) studies, Federal Communications Commission (FCC)
reports, and information culled from the World Health Organization (WHO).
A cell phone is a portabie phone that uses a network of fixed antennas that allow users to
catl from almost any location. Cellphones send and receive RF signals to and from these
antennas. There are two distinct type of antennas catled "cel(ular" (analog signalsj and
"persona( communications service [PCS]" (digita( signals). Cellular radio services transmit
at a frequency between 824-894 MHz. PCS transmitters use frequencies in the range of
1850-1990 MHz.
ATt4 Bared
Ham
d.3 Mhz
cordless co�ess corclless
Shortwave Radio Phanes Phones Phones
Aircraft Miaorraves
i� 4 l f f F t t �Z j j
,,`e 'y 1 r� J 3V t i e t j %a� j d�Y Y���������
J v
J�
CS VHF VHF UHF P.C.S. Phnnes
TVtdTV N+DTV N+DTV
tiam Pagers Cef�tar Phones
FM Sand
3 Mfiz
30 Mhz 30d Mhz
30Q0 Mhz
As #he frequency increases, the wavetengtfi of tt�e d"ansmifted signal deereases
Mhz Megahertz MliElians of cycies per secand
Cellular/PCS antennas are generatly affixed to rooftops, water towers, power poles, and
other tall structures. The antennas are placed on taller structures due to the fact that the RF
signals are broadcasted on a horizontal plane (vs. an up/down vertical plane) in a fan-shaped
direction over a certain distance. These signals intermingle with other antenna amays to
create a network generally made up of base stations and relay stations.
X
Graphical representation of cellular networks.
K:�2009 Code Amendments�PWSF1Planning Commission\Oct 7 Meeting PacketW Brief Technica! Summary on PWSFs.docPage I of 2
P���;���_�.�.
Electromagnetic radiation consists of waves of electric and magnetic energy moving
together through any given area. Radio and microwaves released by transmitters are a form
of electromagnetic energy, generally known as radiofrequency or RF energy/radiation. The
terms "electromagnetic fie(d" or "radiofrequency field" is used to indicate the presence of
electromagnetic or RF energy. RF fields are considered non-ionizing radiation due to the
low energy nature of the waves and therefore cannot cause chemical changes in the human
body unlike ionizing radiations like x-rays or gamma rays. Other non-ionizing radiations
include microwaves, visible light, and infrared. However, although RF radiation are not
strong enough to change the structure of atoms, it may be strong enough to heat tissue if in
extremely close proximity.
At any given cellular/PCS site, the total RF power that could be radiated by the antennas
depends on the number of transmitters installed, the power of each transmitter, and the type
of antenna. Generally, the maximum power radiated in any direction usually does not exceed
50 watts. As with all forcns of electroma.gnetic energy, the power density from the antenna
decreases rapidty as one moves away from the source_ And since RF signals transmit on a
horizontal plane, genera.11y from higher level elevations (i.e. panels mounted on power poles,
towers, etc;), ground-level exposures are much less than exposures if one were at the same
height and directly in front of the antenna. Measurements made near cetlular and PCS
installations have shown that ground-level power densities are thousands of times less than
the FCC's limits for safe exposure.
K:�2009 Code Amendments�PWSF1Planning Commission\Oct 7 Meeting �acketW Brief Technical Summary on PWSFs_docPage 2 of 2
David Lee
From:
Sent:
To:
Ce:
Subject:
I 1 j C.
1
�A��,�_��°�.�
Sarah Telschow [stelschow@realcomassoc.comj
Monday, September28, 2009 3_1'6 PM
David �ee
Jennifer Taylor; Greg Fewins; Margaret Ctark
Comments Regarding City of Federal Way's Proposed Personat Wiretess Service Facility
(PWSF) Regulation Changes
Septem�er 28, 2009
Dai�id Lee, Associate Planner
Ci€y of Fede�ral VVay
3332� Averiue,South
Fed� Way, V�A 98063
Y
Re: �omments Regarding City of Federal Way's Pioposed Personal `Wi�eless Service Facility (PWSF) Regulation
Chan�es N.
DearlVlr�Ijee:
Thanl� you for opportunity to provide comments<orr the City of Fecieral Way's proposed personal wireless service
facility (PWSFj regulation changes, Ite�lCom Associaxes appreciates the charxce to review and critique the City of
Fede��al Way's proposed cocle ainetidment. Hopefully, 'the Gity of Federal'` Way will thoroughly consider the
suggestions,.presented in this letter.
n�;��
Some of [he changes presented in the proposed PWSF code changes are positive. However, many of the changes
still create uncertainty ancl unclear regula.tions for vuireless providei
TelecQmmunica.tion facilities provide cr�ttical ce�mmunic�.tion seryices fo� emerge�.t�y� busirzess� and personal use.
Reliabl� wireless service in the City qf �`�cler�l Vi�`aq,provides a benefit the pubhc. Gellular teleplione�coverage
improves emergency services sach as _pohce aud fire wFien traditionallandline phones �are ina,ccessible arid/or not
working. This is often the case for stranded motonsts, afeer a severe storm, or die result of other types of
emergencies. Law enforcement agenes, neighboTl�ood watch programs, and individuals use wireless telephones in
emergency situa.Cions to help emergenc.y °§�rvie�s �r�s"�iand quickly by reducing notification 'time"s. As a result,
telecorrununication facilities provide a net positive effect on erner�;eiicy services for the public by enhancing the
ef�iciency and quality of wireless teIephone services. However, confusing and diff e«lt development regulaxions
create problematic situations for both the vvireless camer and the community.,
The following outlines spe�c comments regarding the City of Federal Way's proposed PWSF code
amendment:
Land Use Zone Charts for PWSF (Sections 19.195.190 to 19.245.010)
o Not allowing freestanding structures nnder any pernutJdesign process in the following zones
especially: PO and BN could be construed as pi wireless facilities. It is feasible. that new
freestanding facilities would be the lowest of the F>r locations and that especially in the
residentia� zones tlia.t lirrutaxions may e�sting regarding hei�ht, design, and type of }�roperty (i.e.
property must have a non-resiiiential use etc..).
�`�_._.L___._..
P���_���'_�
Section 19255.010(4) Prioritized locations
o(d) "rio�uesid�ntial zQnes" shoul,c�.,be removed. Tt suggests that atta.ching_to e,cisting structures and
buildings ui residentia� zones is not allowed while the zoning charts indicate that atla.cl�ing to
existing structures is allowed. Perhaps the additio� of a lower piiority location for eicisting
structures in R zones rather tFian leave it out of [he priority of lacatians entirely.
Section 19255.020 DevelopmenC standards
o(1)(b) "Antennas may be mounted to rooftop appurtenarices provided they do not extend beyond
15 feet above the roof proper." This is very confusing without a clear e�cplanation of what the c:ity
deems a"rooftop apgurtenance". Does this include elevator shafts, penthouses, parapet walls,
mechanical screening? Additionally, the city does not define "roof proper". This will be a very
confusing requirement and co�ld create a variety of interprefations.
a(1)(e) "The maJCr'mum size of the PWSF panels and number of antennas shall be determined b}�
the tlirector of cornmunity develogment services." This is too va�ue and does not provide any
crxteria for the provider to foIlow m order to design new facilities. This should be changed to
indicate that the p�ovider must prove and/or provide documentation that the proposed facility is
the minimum size necessary in order to rzieet coverage objectives in the area.
o �4) �i) and (u) g
...maxunum size of the buildin to be determined on a case-by-case basis by the
director of community development services." This is too vague and does not provide any ciiteria
for the provider to follow in order to design new facilities. This should be changed to indica.te„that
the provider must prove and/or provide documentaxion that the proposed building size is the
xuunin�uiii size necess:uy.
F,.
Y
Thank_ ou n for rhe opportunity,to grovide �on tlie proposed PWSF code ame�ctrrient.��
ff you have any questions and/or concerns about che above letter, please feel.free to conta.ct RealCom Associates.
:�1. r
Respectfully,
Z
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P�����
Erom: Sarah Telschow [mailto:stelscho�v@realcomassoc.com]
Sent: Tuesday, October 06, 2009 11:�3 AM
To: David Lee; Margaret Clark
Cc: Jennifer Taylor
Subject: RE: Comments Regarding City of Federal Way's Proposed Personal Wireless Service
Facility (PWSF) Regulation Changes
October 6, 2009
David and Margaret:
Thank you for the opportuniry to meet with you on Monday, October 0�, 2009 to discuss the Ciry
of Federal Way's proposed telecommunication code changes. The provided changes provide
adequate clarification and have addressed concerns outlined in the September 28, 2009 e-mail.
Thank you again.
Respectfully,
Sarah Telschow, Planner
14432 SE Eastgate Way, Suite 260
Bellevue, WA 98007
(425) 274-4444
,.c.�� �±:.5 �fi�, eal�.�:t3:�.s.c�c. c+�} �s
Jennifer Taylor, Planner
14432 SE Eastgate Way, Suite 260
Bellevue, WA 98007
(425) 274-4444
ts:4,.ar�.�.�� ca:�.:,• z}�....�{ :,�.;=�t�:
From: David Lee [ma.ilto:DavidLee@cityoffederalway.com]
Sent: Tuesday, October 06, 2009 9:43 AM
To: Sarah Telschow
Cc: Jennifer Taylar
Subject: RE: Comments Regarding City of Federal Way's Proposed Personal Wireless Service
Facility (PWSF) Regulation Changes
Sarah Jennifer,
Thank you again for taking the time and meeting with us yesterday regarding the PWSF code
amendment. Attached to this e-mail you will find a copy of the proposed changes we have ma.de
in response to your suggestions and concerns. You will find the changes that were specific to
your concerns highlighted in yellow. In addition, we felt the issue regarding placing PWSF's on
utiliry poles within utility/access easements can be handled with the code as written with
19.255.010(4)( fl which states "If the applicant demonstrates to the city's satisfaction that it is not
technically possible to site in a prioritized locarion, the city reserves the right to approve
alternative site locations if a denial would be in violation of the 1996 Telecommunicarions Act, as
deternuned by the city."
Additionally, we've clarified the height issue you've brought up by providing a clear definition of
building heighdroof and also made�a cross reference as to what we consider a rooftop
appurtenance. Height of Structure is defined by FWRC Sec. 19.05.080 "H definirions" as:
�Q�i
"Heioht ofstructure" means the vertical distance measured from the average building
elevation aro�md the buiiding segment to the highest point of a flat roof or to the deck line of a
mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable,
hip, gambrel, or similar sioped roof. For single-family residential structures where the total area
of dorniers exceeds 3� percent of the total area of the underlying sloped roof, height wili be
measured to the ridge of the highest principal gable.
Please review the material, and if you feel that these are positive changes that will help you and
those in your industry please send us an e-mail of support for the changes proposed. We are
taking this to the Planning Commission on Wednesday night and would appreciate your feed back
before end of business day tomorrow. Thank you again so much for all your help and time. Yoar
comments have been invaluable!
Sincerely,
David Lee
F?��;;i:. ,';i
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EXHIBIT A
Staff s original recommendations are shown as
�l�ee�� (proposed deletions) and underline (proposed
additions).
Further amendments based on RealCom's comments
are shown as s�l�ee�-� (proposed deletions) and
underline (proposed additions) and shaded.
EXHIBIT A
PA��.�y��
FEDERAL WAY REVISED CODE {FWRC)
TITLE 19, ZONING AND DEVELOPMENT CODE
Chapter 19.255, Personal Wireless Service Facilities
Sections:
19.255.010 Personal wireless service facilities (PWSF).
19.255.020 Development standards.
19.255.030 Nonconformance.
19.255.040 Temporary personal wireless service facilities.
19.255.D50 Application requirements.
19.255.060 Collocation.
i n�n �rR� «.,.,a,,.-a� a *o.-c
rr.z���'r�c[�rr-iaur�ccraTaix�-ccrccr'icr�-c[�.z
19.255.070 Removal of facility.
�rrc�� n �—rcrirRriiiirr�cciivns
°.'-n-�� 19.255.080 Revocation of permit.
19Z55.010 Personal wireless service facilities (PWSF).
(1) Purpose. This section addresses the issues of location and appearance associated with personal
wireless service facitities. It provides adequate siting opportunities through a wide range of locations and
options which minimize safety hazards and visual impacts sometimes associated with wireless
communications technology. -r�.v c :�:�:o o �.,,:�a:., �+...,,.,,.,.o „i,,,
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(2) Definitions. Any words, terms or phrases used in this section which are not otherwise defined shall
have the meanings set forth in Chapter i9.05 FWRC.
(3) Exemptions. The fotlowing antennas and facilities are exempt from the provisions of this section
and shall be permitted in all zones consistent with applicable development standards as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) Wireless communication faciliries used by federal, state, or local public agencies for
temporary emergency communications in the event of a disaster, emergency preparedness, and public
health or safety purposes.
(b) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC
19. i 10.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances.
(c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio
operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances.
(d) Satellite dish antennas less than two meters in diameter, inctuding direct-to-home satellite
services, when used as a secondary use of the properiy; provided such antennas comply with all
applicable provisions of FWRC 19.1 t0.050, Compliance generally, 19.110.060, Exceptions, and
19.110.070, Rooftop appurtenances.
(e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for
use in the sale of utility services, except for whip or other antennas greater than two feet in length;
provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement
between the utility service provider and the city.
Routine maintenance or repair of a wireless communication facility and related equipment
excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or
buildings; provided, that compiiance with the standards of this title is maintained.
3
pA��.�.��,-�
Ec�uipment cabinet additions or upgrades within existing equipment enclosures or buildin�s,
so long as there is no material area ex�ansion of the equipment enclosure or butldin� or chan�e to the
�proved architectural design of the existin�equipment enclosure or buildm�.
(4) Prioritized locations. The following sites shall be the requtred order of locations for proposed
PWSFs, inc(uding antenna and equipment shelters. In proposing a PWSF in a particular location, the
applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority
locations and document, to the city's satisfaction, why Locating the PWSF in each higher priority location
and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs are as
follows:
(a) Structures located in tlae BPA trail. A PWSF inay be located on any existing support
structure currently located in the easement upon which are located U.S. Department of Energy/
Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning.
(b) Existing broadcast, relay and transmission towers. A PWSF inay be located on an existing
site or towerwhere a iegal wireless telecommunication facility is currently Located regardless of
underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF
location, the applicant shall document why collocation on the existing site or tower is not being proposed,
regardless of whether the existing srte or tower ts located withm the �urtsdiction of the city
,..��wu.., ���.,�A.��.�_. �v����,�rb��.��..�m� �ffi
(d) Appropriate a zoningdistricts. A PWSF inay
be located on private buildings or structures within
non-residential zonin� districts as allowed bv the zonin� chart. �=a°:
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.(e) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights-
of-way shall be defined as including those public rights-of-way with functional street classifications of
principal arterial, minor arterial, and principal collector. A PWSF inay be located on existing structures in
appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separa.ted by at least
3301inear feet.
Location of a PWSF
on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in
addition to the required use process approval.
�s��a-�
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s�eF
If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding
uses or zoning are not t�e same, that portion of the right-of-way with the most intensive use and/or zoning
shall be the preferred location.
Proposed Code Amendments File #09-l03477-00-SE
FWRC Chapter 19.255, Personat Wireless Services Facilities Page 2 of I 1
3
P��E
If the PWSF is proposed to be located in an appropriate pub(ic right-of-way and surrou ing
uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least
adverse visual impacts.
19.255.020 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
personal wireless service facility:
(1) Building- or structure-mounted PWSFs on existing buildin�s
or structures in or out o the public right-of-way. PWSFs mounted on existing buildings and structures
��'���*°a �P shall conform to the following development standards:
(a) The PWSF shali consist only of the following types of facilities:
(i) A microcell or a minor facility; or
(ii) A PWSF that exceeds the minor facility thresholds for number of antennas,
dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the
director of community development services, subject to meeting all of the following standards:
(A) The facility shall not create substantially more adverse visual impact than a
minor facility; and
(B) The equipment cabinet for the PWSF shall meet all requirements of subsection
of this section; and
(C) The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project location,
surrounding environment, and potential visua.l impacts; and
(D) The PWSF sha.11 comply with all other applicable standards of the Federal Way
Revised Code.
(c) For PWSF's located in the right-of-wav, the combined antennas mav extend up to the
minimum necessary height to meet safety clearances required bv the operator of the existing structure, but
not exceed 15 feet above the existing shucture, plus the height of the proposed antennas as specified in
subsection �1�) of this section. The maximum allowable height of the new structure with
the PWSF antennas shall be determined by the director of communi development services, depending
upon the antenna type, design, location on the structure and the proposed method of attachment. An
existin� structure can be increased in hei h� t only once per a 12-month period. Any structure, whether a
new or replacement structure, tocated in a public ri�ht-of-way must be similar in terms of size (exce�t
height), shape, coIor, material, and location to the existing and sucrounding structures as determined by
the director of communitv development services. The antenna extension may be permitted regardless of
whether the existinQ structure is in conformance with the maximum height of the underlving zone as
outlined in the use zone charts, FWRC Title 19, Division VI, Zonin� Regulations.
��T`he antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to sunounding land uses and structures and shall, to the
greatest extent practical, blend into the existing environment pursuant to subsection of this section.
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facitities Page 3 of 1
(Ord. No. 08-�8�, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-
300, 3, 9-16-97. Code 2001 22-966.)
3
Pa��_�___��_��_._
Panel and parabolic antennas shall be screened from residential views and public rights-of-�vay unless
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{-e} �f Required setbacks shall not pertain to PWSFs within public rights-of-way e���e�
Within residential
zones, equipment enclosures and buildin��to house equipment cabinets located above ground on
properties adjacent to the public right-of-way shall meet all applicable setback requirements for
residential development of the underlying zone_ For developed sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be those of the principal use of the subject property. For
undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be
20 feet for front, side, and rear yards.
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wiretess Services Facilities Page 4 of I I
3
s z =a
New freestanding PWSFs. All requirements of the associated land use zoning charts must be
met. Additionally, �these structures shall conform to the following site development standards:
(a) Placement of a freestanding PWSF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network (ocation requirements.
(b) Monopoies shall be the only freestanding structures allowed in the city; except that a lattice
tower may be used to accommodate the collocation of four or more providers as part of a joint permit
application.
(cj In no case shall a freestanding PWSF be located closer than 500 feet to an existing
freestanding PWSF whether it is owned or utilized by the applicant or another provider.
(d) A freestanding PWSF, including the support structu�re and associated electronic equipment,
shall comply with all required setbacks of the zoning district in which it is located. For developed sites,
the setback requirements shall be those of the principal use of the subject property. For undeveloped sites,
the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards.
(e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes
maximum advantage o� existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total PWSF as possible from
prevalent views; and/or
(ii) Use existing site features as a background so that the totai PWSF blends into the
background with increased distances.
(fl In reviewing the proposed placement of a facility on the site and any associated landscaping,
the city may condition the application to supplement existing trees and mature vegetation to more
effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be camouflaged to blend in
harmoniously within the existing site through the use of faux-structural desiQns, or when not
technolo ig�callv or aesthetically feasible, painted in a non-reflective se�e�-e� color scheme appropriate to
the background against which the PWSF would be viewed from a majority of points within its viewshed.
The proposed color or color scheme shall be approved by the hearing examiner or director of community
development �e� services.
(�kj Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through
employing the best available technology and design, as determined by the city. This may be accomptished
by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to,
artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility of
the facility as viewed from public streets or residential properties. In addition, the provisions for
landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall
apply.
Standards for electronic� °;w:C.-M�::_' �:��_'��::Y��. cabinets.
(a)
F Etectronic cabinets shall either:
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FWRC Chapter 19.255, Personal Wireless Services Facilities Page 5 of I 1
PQ���_��'�_
(b) Equipment enclosures shatl be screenea �vitn one or a comv�«a��uu
following methods, which shall be acceptable to the city: fencing, walls, landscaping, structures, buildings
or topography which will block the view of the equipment enclosure to the greatest extent possible from
any street and/or adjacent properties, as determined by the director of community development services.
Screening may be located any�vhere bet�veen the enclosure and the above-mentioned viewpoints.
Landscaping for the purposes of screening shall be maintained in a healthy condition, pursuant to FWRC
19_125A90(2) a
If the equipment cabinet is located within a new ee�e�el�` enclosed building, the
building shall conform to all applicable development standards and design guidelines for the underlying
zone. The se�rlete-� enclosed building shall be architecturally designed and shall be compatible with
eYisting buildings on the site. The Ea�3� enclosed building shall be screened to the b eatest extent
possible from any street and/or adjacent properties by (andscaping and/or topography_
(-6� �aa�� S�tandards for equipment enclosures: fet prrrr ._a t
u�.
tit c o i i
r b r
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b
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�a) Electronic ec�uipment enclosures shall not be allowed within the ri�ht-of-way.
fc} In residential zones, equipment enclosures located above ground on properties adjacent to
the public right-of-way shall meet all applicable setback requirements for residential development of the
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities Page 6 of 11
PA+���_�r�
underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment
enclosure shall be those of the principal use of the subject property. For undeveloped sites in
nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side,
and rear yards. However, for undeveloped sites in nonresidential zones, if the a�plicant can demonstrate
that the equipment enclosure can blend in harmoniousiy with the existin� site and cotnplement the
landscape buffer requirements of the underlying zone, as determined appropriate by the director of
communi development services, the equipment enclosure can be located inside of the 20 foot setback
but outside of the required landscaping buffer of the underl� zg one.
Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
fe} Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functional impacts on the pedestrian environment.
{#3 Equipment enclosures and screening shall not adversely impact vehicular sight distance.
�6,� Security fencing.
(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
(c) Chain-link fences shall be painted or coated with a nonreflective color.
{S3 �7,� Cumulative effects_ The city shall consider the cumulative visual effects of PWSFs mounted on
exisring structures and/or located on a given permitted site in determining whether additional permits may
be granted so as to not adversely effect the visual character of the city.
Signage. No wireless equipment shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identification, hazard warning, and name of provider.
(-�A� �9,� Use zone charts, height and permit process.
(a) The final approvai authority for applications made under this section shall be defined by the
appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.
(b) Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-
300, 3, 9-16-97_ Code 2001 22-967.)
19.255.030 Nonconformance.
Permit applications made under this section to locate a PWSF on property on which a nonconformance
is located shall be exempt from the requirements of Chapter 1930 FWRC, Nonconfonnance, to bring the
property into conformance as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipuiated in FWRC 19.30.110.
(2} To bring the property into conformance with the development regulations prescribed in FWRC
Title 16 relating to water quality as stipulated in FWRC 1930.120(1)(g). All other requirements of
FWRC 1930.120 to bring the property into conformance with the development regulations presci in
FWRC Title 16 relating to water quaiity shall apply.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No_ 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22
19.255.040 Temporary personal wireless service facilities.
As determined by the director of community development services, a temporary personal wireless
service facility, or cell-on-wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the construction of a freestanding PWSF which has been approved
through the appropnate permit process; provided, that the temporary personal wireless service faeility or
cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities Page 7 of I 1
�A�� C���_
appropriate permit process. Only one temporary personal wireless service facility or cell-on-wheels shall
be permitted for a single site.
(2) For a period of'n� time determined to be appropriate bv the director of community
development services, during an emergency declared by the city, state, or federal government that has
caused a freestanding PWSF which has been approved through the appropriate permit process to become
invol�intarily non-operational; provided, that the temporary personal wireless service facility or cell-on-
wheels creates no more adverse impacts than the PWSF which was approved through the appropriate
permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in
an amount to be determined by the director of community development services in order to guarantee
performance of future removal and restoration of the site.
(Ord. No. 08-�8�, 3(E7ch. A), 11-4-08; Ord_ No. 00-363, l4, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-969.)
19.255.050 App(ication requirements.
(1) Except for temporary persona( wireless facilities, permit applications made under this section shall
include the following minimum information in addition to that required for the underlying permit review
process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photosimulations of the proposed facility from affected properties and public rights-of-way at
varying distances. These photo simulations should include examples of camouflage and stealth
installation o�tions.
(c) Architectural elevations of proposed facility and site_
(d) A coverage chart of the proposed PWSF at the requested height and an explanation of the
need for that facility at that height and in that location.
(e) An inventory of other PWSF sites operated by the applicant or other providers within a one-
mile radius of the proposed PWSF location, ��'��a��� =~F
fl A site/landscaping plan showing the specific placement of the PWSF on the site; showing the
location of existing stnictures, trees, and other signiftcant site features; and indicating type and locations
of plant materials used to screen PWSF corr►ponents.
{g) If the PWSF electronic equipment cabinet is proposed to be tocated above ground, �eg,a��le�ss
an
explanation of why it is impracticable to locate the cabinet underground.
,.�..:ae „c*wo.,,.wi:,, n,.�,.
Documentation of efforts to collocate on existing facilities.
{t} The city may require the applicant, at the applicant's expense, to provide any additional
information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to
implement this chapter and to require that such inforn►ation, studies, mapping, materials, inspecrions, and
reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense.
(2) Permit applications for temporary personal wireless service facilities shall include the following
minimum iriformation:
(a) Documentation of previously permitted facility.
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FWRC Chapter 19.255, Personal Wireless Services Facilities Page 8 of 11
3
P�a������,�,_
(b) Site plan showing proposed location of temporary facility in relationship to the location of
the previously permitted facility and property boundaries, including dimensions from the property lines
and height of proposed facility_
(c) Photographs of the proposed facility.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. O1-399, 3, 8-7-Oi; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-
300, 3, 9-16-97_ Code 2001 22-970.)
19.255.060 Collocation.
(i) A permittee shall cooperate with other PWSF providers in collocating additional antennas on
support structures and/or on existing buildings and sites, provided said proposed collocatees have
received a permit for such use at said site from the city. A permittee shall allow other providers to
collocate and share the permitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new
applicant, the city may require a third party technical study at the expense of the permittee. Failure to
comply with this provision may result in a revocation of the permit_
(2) A signed statement indicating that the applicant agrees to allow for the potential collocation of
additional PWSF equipment by other providers on the applicant's structure or within the same site
location shall be submitted by the applicant as part of the permit application. If an applicant contends that
future collocation is not possible on their site, they must submit a technical study documenting why.
{3) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate
public rights-of-way within residential zones, neighborhood business (BN) zones and professional office
(PO) zones.
(Ord. No. 08-585, 3(E�ch. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-971.)
.,l.e.i tl..o« *l,o F ,.:1:*.. ..l..,il l..e .o,a
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2:
°.'�w 19.255.070 Removat of faciiity.
(1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of
the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC.
Additionally, the owner or operator of a PWSF shali notify the city in writing of the abandonment of a
particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be
removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked,
or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes
Proposed Code Amendments File#09-103477-00-SE
FWRC Chapter 19255, Personai Wireless Services Facilities Page 9 of t 1
�����7;��
PA���_��°��
structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety
or visual impacts. If there are two or more users of a single tower, then the city's right to remove the
tower shall not become effective until a(1 users abandon the tower.
(2) Partial abanctonment and removal. If the abandoned antennas on any PWSF are removed or
retocated to a point where the top 20 percent or more of the height of the supporting structure is no longer
in use, the PWSF shall be considered partially abandoned. The o�vner or operatoc of any partially
abandoned PWSF shall notify the city in writing of the partial abandonment of a particular facility within
30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from
the date of partial abandonment to collocate another service on the PWSF. If another service provider is
not added to the PWSF within the allowed 120-day collocation period, the owner shall in 210 da.ys of
partia! abandonment, dismantle and remove that portion of the supporting structure which exceeds the
point at which the highest operational antenna is mounted.
(3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility
upon 210 days of its abandonment or partial abandonment, the responsibility for removal fatls upon the
property owner on which the abandoned or partially abandoned facility is iocated. The city may enforce
this subsection using the procedures as set forth in FWRC 1.15.010.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-973.)
�.''n 19Z55.80 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of the
following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a
permit;
(3} When the permit was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other PWSF providers in collocation efforts as required by this chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Failure to remedy localized interference with the reception of area television or radio broadcasts or
the functioning of other electronic devices.
(7) Pursuant to FWRC 19.05300(3), the city, as the applicant, shall use the same process to determine
if the permit shall be revoked as it used to grant the permit.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001
22-975.}
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FWRC Chapter 19.255, Personal Wireless Services Facilities Page 10 of 1 I
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Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personai Wireless Services Facilities Page I l of I t
19.195.190 Personal wireless service facility.
T'he followin� uses shall be nermitted in the
z
0
a
L
USE
U
wireless
service facility
(PWSF)
See note 4
f'or ellowed
tvues of
U
b�
3 N
M
G•'7
a: w
SeeneEe See note See
1 note 1
Process
u
down to find use
A x �M
a �x
:e See Refer to
de 1 note 1 FWRC
iv.2ss.o2o
f'or mexi-
cimm
heights fo[
allowed
types of
PWSFs
fiee+iete-2
zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
xcross f'or REGULATIONS
Cq
U
O
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a
b�
a•
on
v� x a
ZONE
SE
SPECIAL REGULATIONS AND NOTES
See Not N/A 1. Not applicaUle. PWSFs allowed on existing structures only.
note 3 allowed
2 ott a
PWSF
'��-m
3- 2. All PWSFs shall Ue landscaped and screened in accorciance witli Chapter 19.125 FWRC and tl�e provisions of the PWSP'
development regulutions. At fl minimum, a five ft. type III landscaping tuea shall be reyuired around the tacilit,y, unless tlie
community developmenl services director deternunes tltat the fncility is xdequately screened.
d� 3. New fteestanding PWSPs are not allowed. PWSFs shall be sillowed only on existing towers, on puUlicdy used struclures not
located in public rights-of-way, on existing structures loctited in [lie BPA tntil, xnd on existing stntctures in appropriate public
rights-ot=way. ReYer to FWRC 19.255.020 for development staindards applicable to ullowed types of PWSFs.
Pra.�ess I, II, III and I V are descri6ed in
Ct��ter 19.55 FWRC,
Qtiapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respecKively.
K:\2UU9 Codn Atnendmetds�P W SN1PLvm¢ig C�nunusion\Oct 7 Meet6ig Packet\SE 19• 195• 190 P W SFdoc
For ot}ier infon�iation about p�u•king au�d parlcing e�•eas, see C'hupter 19.130 FWRC
Far detuils of what may exceed thi5 heigl�t limit, see FWRC 19.110A50 et sey.
For deteils regarding reyuired yu��ds, see FWRC 9.125.160 et sey.
at�
r�.
s I
19.200.190 Personal wireless service facility.
The followinQ uses shall be oermitted in the sinQle-familv residential (RSl zone snbiect to the
DII2ECTIONS: FIRST, read down to
Minimums
Z Re uired Yar3�
O N
H N
U
'b •v
�7 N
O' p A
rx a w c�i"�
Personal See-naEe See note See See See
wireless 2 1 no[e I note 1 no[e 1
selvice facility Process
(PWSF) ll
See note 4
lor allowed
tVpe3 of
PWSFs
Process I, II, III end I V nre described in
Chapter I9.55 FWRC,
Chapter l9.60 FWRC,
Qhep�er 19.65 FWRC,
Chepter 19.70 FWRC respectivety.
THEN, xcross Yor REGULA7'IONS
L
V
C 0.
b
q
rj Wl
y
a a ,x,
d
�x a in a
Reter to See Not N/A
FWRC note 3 allowed
19.255.020 ot� a
fortnaxi• PWSF
murtt
heights for
ul lowed
types of
P W SFs
8ec-ttt�t�2
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and notes set forth in this section:
ZONE
RS
SPECIAL REGULATIONS AND NOTES
Not applicable, PWSFs allowed on existing stnictures only.
3: 2. All PWSFs shull be landscxpe3 xnd screened in accordzmce witli Cliapter 19.125 FWRC and tlie provisions of the PWSF
development regultLtions. At a minimum, a five ft. type III Itindscaping flrex sh:ill be required tiround ti�e facility, unless the
community development services director deternvnes that the facility is x3equately screened.
+F: 3. New freestNnding PWSFs nre not allowed. PWSFs shall be xllowed only on existing towers, on publicly used struotures nol
located in public rights•of-w1y, on existing structures loc�ted in the BPA trail, nnd on existing structures in appropriate public iiglus-
of=way. ReYer to FWRC 19.255.020or development stane�uds xpplicflble to 111owed types ofPWSFs.
For other infoirnetion hbout pati<ing arid pui<ing aresis, see Chepter 9.130 FWkC.
Fur Jetails oCwhat may exceed this lieigtit limit, see FWRC 19.110.050 et ,ey.
For details re�vdingreyuired y��ds, see FWRC 19.125.160 et sey.
�Y
19.205.200 Personal wireless service facility.
The following nses shall be pertnitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section:
USE
ll
DIRECTIOr
O
U
N
�a��
�i a
FIRST, read down to
A
Q
b
w v,
a
Persmictl See-rieEe See note See See Sae
wireless s� 1 note 1 note 1 note 1
service facility Process
(PWSF) u
See note 4�
fa allowed
twes of
x
�x
Refer to
FWRC
19.255.020
for maxi-
mwn
heights for
ellowed
types of
PWSFs
Secnterte$
�tt�teft�e; tN'
3- s, All PWSFs shall be Ixndscaped and screened in accorcl:�nce witl� Chxpter 19.12� FWRC and t6e provisions of Qie PW'SF
Sevelopment regulations. At a minintwn, x five ft. type IIT landscaping arex shall be re��uired aroimd the liicility, unless the
community development services director detemiines tltat the Yiicility is :idequxtely screened.
d� 3. New freestxnding PWSFs xre not tillowed. PWSFs sheill be rillowed only on existing towers, on publicly used structures not
located in puUlic rights-of-way, on existing struc[ures located in the BPA trxil, an3 on existing structures in xppropnate publis ri�hls-
ot=wxy. Reler to FWRC 19.255,020 Yor development stan�lyds applicaUle to xllowed types of YWSFs.
Process I, II, III nnd I V are described in
22351 22356,
22-361 22-370
22-386 22-411,
22-431 22-460, respectively.
For oUier infoiination ebout purking end parking a�•ea,, see Chapter 19.13U PWFtC
l�or details ol'what muy ew:eed this I�ci�ld liuut, see FWRC 19 I 1QOSU et sey.
For detuils regtu•diiig reyuired y��uds, see FV✓FtC 19.125. Fi0 et scy.
�"M
I
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CL
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y
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4�
s x
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SPECIAL REGULATIONS AND NOTES
See note Not N/A 1. Not xpplicable. PWSFs allowed on existing structures only.
32 allowed ...a .�.:i, c,.n_..
on e
PWSF
USE ZONE CHART
ZONE
RM
19.210.050 Personal rvireless service facility.
The followinQ uses shall be permitted in the professional oi�ce (PO) zone sc�biect to the
USE ZONE CHART
z
0
F
a
USE a
u
DIRECfIONS: FIRST, read down to find use TEIEN, ucross for RLCiULA'1'IONS
Minimum,
Required Yards
N
a
d fn
a
.0
u
a
b
u, v�
A
a
Yeisonal See-nete See note See See See
wireless 1 note 1 iiote 1 tiote 1
se�vice Pr�
faciliry
See uote 4
fm rillowed
types of
PWSFs
r
x
Reter to
FWRC
19.255.020
t'or rtwxi-
tmun
heights for
allowed
types of
PWSFs
vc'cfloi z
3- 2. All PWSFs shall be lrindscaped and screened in accor�mce widi Cliapter 1). l25 FWRC and tl�e provisions of tLe PWSF
development regulations. At a minimum, a five 8, type III ltm3sc�ping area sl�all be required around the tiici►ity, unless the
community development services director deterntines lh�t tl�e tiicility is ade��uately screeued.
4. 3, New freestnnding PWSFs are not allowed. PWSFs shttll be.illowed only on existing towers, on priveite buildings +md
struc ures on puUlicly used structures not located in public rights-of=weiy on existing structures Loctited in die BPA trxil, and
on existing structures in a�propriate public rights-of•w1y. Reter to FWRC 19.255.020 for development stxndz�rds applicaUle
to tillowed types of PWSFs.
Process I, II, III and I V m�e described in
C,"hapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chepter 19.65 FWRC,
Chnpter 19.')0 FWRC respectively.
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and notes set forth in this section;
ZONE
PO
SPECIAL REGULATIONS AND NOTES
See Not N/.4 1. Nu[ upplicable. PWSFs xlluwed on existing structures only.
note 3 allowed
2 on a
PWSF.
For other ii�fo�mntion �out p .u•king ar�d pcu•Icing a�'eaG, see Chapter 9.130 FWRC.
For details of wlujt mey exceed this heiglrt licnit, see FWRC 19.110.USU et seq.
For detail5 regprding reyuired yards, see FWRC 19.125 160 et sey
N
ass
19.215.100 Personal wireless service facility.
The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section:
z DIRECTIOr
O
a
y
U
1-� '�5 N
U�E
u
FII25T, read duwn t� find use
Minimums
Required Yeirds
U
a
w �n
A
E
A
on
Refer to
FWRC
19.255.020
for nuixi-
nwm
heiyJns for
ellowed
types of
P W SFs
J Seerttefe 9ee note See See See
1 note 1 note 1 note 1
teciliry Yrae�
l II
See note 4
far allowcd
types uf
vcciivic
r�nri�
3- 2. All PWSFs sh:�ll be l:indscxped:ind screened in ticcordtince with Cl�xpter I J.125 FWRC and tl�e provisioiis of the
PWSI� development regulations. At x minimum, x five ft. type III Ixndscaping eu'ett shall be requircd :uound tl�e tiicility,
unless [he community development ser��lces director deternunes that tLe tacility is xSeyuxlelY +crreued.
d� _i. New 1TeestanJing PWSFs e�re not xllowed. YWSFs shall be xllowed unly ou existing towers, uu mivate Uuildines
and structures. on publicly used structures not locuted iu public iigl�ts-o1=w:ry, on existing su•uctures lucaled in ihe 13PA
trail, and a� existing structures iu xppropri�u� public rights-ot=wxy. Reter to G'WRC 19.255.�1':U fbr dc�•elopiuent
stxnd:irds:ipplicxUle to nlluwed types o1�YWSFs. R
i
Process I, II, IIl rind I V nre described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWFtC,
Chupter 19.70 FWRC respectively.
K:\2009 Codt M�eudme�its�PW SF�Platwing Cmntnusion\Oct 7 Mentuig Packet\BN 19•215•1 W PWSF.doc
USE ZONE CHART
THEN, across ior REGULA'I'IONS
ri
w
U
y
b
C
o.
00 y
v a: a
ZONE
BN
SPECIAL REGULATIONS AND NOTES
See Not N/A 1. Not applic:ible. PWSFs 111owed on existing structures only.
note 3 allawed
on a
PWSF
i v
For oltter iufom�ation about psvl<iug aid parlciug area5, see Chnpter 19,13U FWItC.
For de�ails of what may exceed this Y�ei�t limit, see FWRC 19. I 10.O5G et sey.
I'or detHils rey�•ding ecyuired yuds, see FWRC 19.125.160 et seq.
�'b a
19.220.120 Personal wireless service facility.
The followinQ uses shall be pernutted in the communitv business BCl zone subiect to the reuulations and notes set forth in this section:
z
0
G4
USE
u
wireless
service
fecility
See note 5
for allowed
types of
PWSFs
DIRECTI FIRST, rea down to find use
Minimums
Re uired Yxrds
N
N
U
b W
m .e
p• V] p y M
r� c4 w v� c� x
See note None See See See Refer to
2 note 1 note 1 note 1 FWRC
19.255.020
fa mexi-
IIIWII
heigttts for
allowed
types of
PWSFs
See note 3
Process I, II, III end I V a��e des�Yibed in
C}�apter 19.55 FWRC,
Chepter 19.60 FWRC,
Chepter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
[EN, across for REGULATIONS
y
y V
V C�
C a
�n w
USE ZONE CHART
ZONE
B
SPECIAL REGULATIONS AND NOTES
See Not N/A 1. For developed sites, the setUack requirements shall be those of the principal use of the subject property. For undeveloped si[es, the
no�e 4 allowed setback reyuirements Yor new freestanding PWSFs shall be 20 ft. for ftont, side, tind rear yxrds.
O f 1 2. Subject to meeting all applicaUle development stan�irds, the review process used shall be process 1, except t�r tlie tb]lowine
PWSF proposals:
a�. Process i�l� II for the Yollowing proposals:
(1) The PWSF is located within 30O fl. ofn residential zon
or
(2) The PWSF is loc:ited on a structure that is 1 residence or school or contains 1 residence or school;
u ..t_.._ .t.. or
(3) Tlte PWSF is ti new freestxnding PWSFs;
b. Process III ifthe PWSF is x lattice tower lccommodating tour or more providers.
��m
3. M�ximum allowed height tor fl new freesttinding PWSF shnll be the minimum necessxry to provide the service up to 100 ft., plus
flny l�eight granted under FWRC 19.110.060. A PWSF shaill be allowed up to 120 ft. if tliere aire two or more providers; exeept tliat �i
lnttice tower ofUetween 120 ft. to 150 ft. will Ue sillowe3 under a c ontUined xpplicxtion oC four or more providers,
4. All PWSF sh:ill be lnndscaped and screened in uccorc�tnce with Chnpter 19.125 FWRC and the provisions of die PWSF
development regultiGons. At a minimum, x five ft. type III landscaping area shall Ue require3 xround the tkcility, unless the conununity
development services director deternunes thttt the tacility is adequately screened.
5. New freestanding PWSFs are rillowed subject to height limits tlnd collocxtion provisions. PWSFs xre xllowc�l on existing towers, on
private Uuildings and structures, or� publicly used structures not locxted in public rights-ot=wxy, on existing struc[ure� i tl�e
BPA trail, xnd on existing structures in approptiate pttblic rigltts-ot=wxy. Re(er to FWRC 19.255,p2p for developme��
auulicxble ta aillowed twes ofPWSFa f'_"i�
For other i[ifcnzuatioii about Nuicing �nd p�u�king �uea,, see Ctuipter 19. I 20 FWkC.
For details ofwhut may exceed this hei�ld limit, aee FWRC 19.11U.050 et seq
For detuils re�uding required yards, see FWRC 19 125.160 et ey.
a�s�re
G�
K'\2009 Code AmetulmeuLc�PW SF1Pla�utntg Camuissi�n\Uct 9 Meetuig Packet\BC 19•220-I20 PW SF.doc
19.225.120 Personal wireless service facility.
The followin uses shall be ermitted in the cit center core (CGC) zone
DIRECTIONS: FIRST, read down to tind use THEN, across tor REGULATIONS
v.
z
o
rn
H
U
d
3
USE 3 s
u �a
Pe�sonal See note
facility
Sec note 5
for �Ilowed
twes of
.0
'a"
w fn
See notes 1 s
Oq
C
E
°q a
�x
Refer to See Not
FWRC note 4 allowed
19.255.020 on a
h
�4
'd
c
x
�n a"
Process 1,1I, IIl tu�d I V tve described iu
Chapter I9.55 FWRC,
Chnpter 19.60 FWRC,
Ct�apler 19.65 FWRC,
Chapter 19.70 FWRC respectivcly.
for iriaxi- PWSF
nmm
hei3tits for
alluwed
types of
PW SFs
ect to the
USE ZONE CHART
and notes set forth in tliis section:
ZONE
CC-C
SPECIAL REGULATIONS AND NOTES
1. For
setbacks see FWRC
19.255.020(51(bl.
2. Subject to meeting all applicaUle development statt3��r3s, dte review process used sluill be process I, except tor tl�e ti>Ilowiug
propo�ls:
S ee t�ote 3 c u
(3j a. Yroecss II il'�the PWSF is ti new treestanding PWSFs;
b. 1'rocess III if tUe PWSl� is a Ixttice toa�er aecomnrodxting tour or more providers.
sEt�Et�e;-ee
3. Mxximum xllowed heiglit Y'or a new 1'reestauding PWSP shall Ue [he nunimum necessary to proviJe lhe ser��ice up tu 100 fl.,
plus xny l�eight grinted under FWK(," 19.11U.060. A YWSF sliall Ue allowed up to 120 ti. it�there xre two or more pro��iders;
excepl l4x[ a lxttice Wwer ofUetween 120 fl. to l50 ft. will be allowed un3er x combined upplicxtion ul'tour or more pro�•iders.
4. All PWSF shxll be landscxped and screened in r�ecur�iZ�nce witl� Chapter 19.125 FWRC aind die provisions ul'the PWSP
development regultitions. At a minimu�n, ti tive fl. type IIl lan3scaping arex sh:ill Ue required around thc tucility, unless tlie
community development services direelor deterntines thal llie lacilily is adequately screened.
5. New freestanding YWSFs xre xllowed suUjecl to height limits and collocation provisions. PWSFs are allowed on existing
towers, on private buildings an1 strucwres, on publicly used structures nol lucateJ in public rigl�ts-ot=wfiy, ou in ctures
locxted in the BPA lrxil, and on existing structures in xppropriate puUlic rigl�ts-ot=way. Reter to WRC 1).25i�� t�
develoument standtirds avulicuUle to allowed tWes of PWSFs.
For odier infomiatiun about parkirig a�id pnrlcing <�reus, see Chapter 19.130 FWRC.
For detuils of what muy exceed this height limit, see FWRC 19.110.OSU et seq.
For deteils regarding reyuired yards, xee FWRC 9L125.160 et sey.
�N
rf.�J
K:\2 W9 Code AuteiuLnntLv\P W SF1P1a�wutg Ccntunbsi�in\O�K 7 MeetLtg Padcet\CCC 19-223d 20 P W SFAoc
19.230.140 Personal wireless service facility.
The following uses shall be permitted in the city center frame (CC-F) zone subject to the reQulations acid notes set forth ui diis section:
F y
m
U O
'O
3
USE rr 5
ll
Personal See note
wireless 2
1'acility
See uote 5
for allowed
types ol'
PWSFs
Yards
A
o .d
w v� c
See notes 1 and 4 2
use THEN, across for REG ULATIONS
h
v
p� U
C
O �a
v
x� G 3x
x n�,
Reter ro See Not
FWRC note 4 atlowed
19.255.020 o�i a
fornia:ti- PWSF
heiy,hts 1'or
aliowed
types of
PWSFs
See note 3
USE ZONE CHART
ZONE
CC-F
SPECIAL REGULATIONS AND NOTES
For de ed-s'r4er� °.•�-�.'-,°���1�
ve1�H eijtt�retnerti9-:}1xt11-�e-t���=f�ie�rtnei�}x�e-cst'Ehrs+tl3jec.�-}�r��ert�. fc>i-+o-ntie�ele1>eci-site�
selbacks see FWRC
19.255.020(51(U).
2. Subject to meeting all applicaUle development stanckirds, the review process used shall Ue process 1, except Y'or tiie Yollo�ving
a. Process III Cor the follnwing propusals:
E3j The PWSF is n new tteestunding PWSFs or,
(21 If the PWSF is x lattice tower accommodatine four or more,�roviders.
�m
3. Maximum allowed heiglu for a new tieest�inding PWSF shall 6e tlie rtilnimum uecessary to provide the service up to 100 11.,
plus �ny Ueight ��ranted under FWRC 19.110.O60. A PWSI' shall be tillowed up to 12b ti, if there ure twu or more providers;
except that a l attice tower of�between 1?O [l. to 150 ft. will Ue xllowed under a combincd npplication ol'ti�ur or more providers,
4. All PWSF shxll be lxndsexped nnd screened in accor�mce witl� Cli:ipter 19.125 FWKC and the provisions of tl�e f'WSF
development regulations. At a minimum, x Tive ft. type IIl landseflping airea sluill be �eyuirrd xrouvd the l:icility�, wiless t c�
communiry 3evelopment services director detennines dixt the tiicility is adeyuxtely screened.
5. New freesttinding PWSFs are xllowed subject to heigltt linuts and collocation provisions. PWSPs are ��llowed on existi�g�
towers, on private buildings aind struc[ures, on puUlicly used sh not located in puUlic rigl�ts-ot=way, on cxisting st�re
locri[ed in the BPA trxil, eind on existing slruc[ures in appropriate puUlic rigl�ts•of=wtiy. Refer to P'WRC 19.255.02�J �or
Prcxess I, II, III �id IV are described iti For other inforrnntio�� about parkiug and pnrl<ing areaa, see Chepter 19 13U FWFtC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, Foc details ofwhat uiay exceed dus height liuiit, see 1� WkC 19.110.050 e� ,ey
Chepter 19.65 FWRC, For details fegardiug t'eyuired yards, sce FWR�. 1l 125.160 et sey
Chapter 19.70 FWRC respectivcly
K:\2 W9 Code Atneudmentv\PW SF1PIa�wuig Catun�vsiou\Oct 7 Meel'u�g Packet\CCF l9• 230• I JO P W SF.duc
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19.235.100 Personal wireless service facility.
The following uses shall be perrnitted in the
DIRECTIONS: FIRST
z
O N
F
V
a �O
Cr 3 N
USE a
Re uired Yards
u
p
w ri� a
Pereonal I See note I None I See See See
wu•ele�s �2 note I note 1 note 1
I'acility
See note 5
tcx rilloweA
types ot'
�x
Refer to
FWRC
19.255.020
for maxi•
mum
hei�lrts &x
sillowed
types of
P W SFs
See note 3
parx �vr�� zone s
[EN, aoross f'or REGULATIONS
v
a�
4 :4
U y Q
y a2
a
iect to the regulations and notes seC forth in this section:
USE ZONE CHART
ZONE
OP, 8�4
SPECIAL REGULATIONS AND NOTES
See Not N/A 1. For�eaek�ed-site�Ehe-setl�ek-ceqairentenfs�knii-l�etlie3se-e€FHe-�r�ei�itF-t�sret�tHe�uHjeeti�t�rky.-I�c�=�r�elevel�ed�'r[ey,llie
note4 allowed setbttcks see FWRC 19.25�.02U($)(h),
on a z, Subject to meeting 111 :�pplictiUle development sfxndtirds, the review process used sl�all be prouess 1, except for the following
PWSF �roposals:
a. Process TI for the tollowing prupos�ils:
(1) The PWSF is located within 300 ft, ofH residential zon
(2) "flie YWSF is localed ou u struciure Q�at is a residence or schuol or con[xins �i residence or sehool;
.i...... i c a ..i_._... .t...
(3) Tlie PWSF is a new freestxnding YWSF
b. Process fII if the PWSF is a lxttice tower xccommodtiting tour or moro providers.
3. Maximum tillowed height for a new lieestanding PWSF shall be the minimum necess�iry to provide the service up to 1(i0 8., plus
any lteight granted under FWRC 19.110.060. A PWSF shflll be 111owed up to 120 H. if tliere :ire two or more providers; exeeyt tlial a
lattice tower ofbetween 120 R. to 150 ft. will be allowed under a combined application of four or more providers.
4. All PWSF sl�all Ue landsctiped and soreetted in accordance with Chapter 19.125 FWRC and tl�e provisions of'the 1'WSF
development regulaGons. At t� minimum, n five ft. type III landsef�ping area sl�xll Ue rec�uired around llie fiicility, uuless die coitununiry
development services director deternunes that the facility is udequately screened.
5. New freestanding PWSFs are allowed subject to heiglit limits and collocatian provisions. PWSPs are 111owed on exisling towers, on
private Uuildings nnd structures, on publicly used structures not loctited in public rights-ot=way, on existing structures located in the
BPA trail, eind on existing structures in appropriate puUlic rights-of-way. Reter to FWRC 19.255.020 Tor develo�t �:irds
lvulicable to xllowed twes ofPWSFs. ��.n
PfOCC$R I II, III and I V e�•e described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chepter 19.65 FWRC,
Chapter 19.90 FWRC respecxively.
K:\2009 G\ide A�neudmeuta\PWSF�Plazuiing Caruuission\Oct 7 Meethig Packet\OP 19-235-100 PW SF.doc
For other infmu�etion about padcing and parking area5, see Chaptex 19.130 FWRC.
For detuils ofwhet may exceed this heip,ht limit, see FWRC 19.110A50 et seq.
For detuils regarding required yards, see FWRC 19.125.160 et seq.
�srr
�r�
I
19.240.140 Persona► wireless service facilities.
set forth in this section:
N
H
U
1.^ p
b 0.
a
USE
Personal wireless �ess-I�
service f�cility
See note 5 for See note 2
xllowed types of
PWSF's
FIRST, reFid down to tind use
Minimums
Reauired Yards
rt
U
N V
O t°
w` cn
one See notes 1 and 4
x V
�x�
FWRC
19.255.020
fur
maximum
heights tor
flllowed
types of
PWSF's
See note 3
USE ZONE CHART
for REGULATTONS
ZONE
CE
SPECIAL 12EGULATIONS AND N01'�S
N/A 1. For
se[Ut�cks see rWRC
19.255A20(S)(bl.
2. Subject to meeting till applicaUle developmenl stan�rds, the review process shall Ue Process except tor the Tollowing
proposxls;
a. Process II for the tollowing proposals:
(1) Tlte PWSF is located witl�in 300 feet of a residential zun
(2) Tl�e PWSF is located on x structure that is a residence or school or contains a residence �r schuol;
N .L..
(3) Tlie PWSF is a new freestanding PWSP; except as provided in note (2)(c).
b. F'rocess III if tlie PWSF is x lattice [ower accommoc��ting four or more pruvidcrs, ur the PWSI� is a new lreestxndine
PWSF
�m
3. Ma�ximum allowed height tbr a new f'reestanding PWSF shall be Qie minimum necessary to pruvide the service up to l00 ti.,
plus any heigltt granted under FWRC 19.110.060. A PWSF shall Ue alloweJ up to 120 ft. ifthere e�re two or more pruviders;
except that u Ixttice tower ofUetween 120 ft. to 150 tt. will be xllowed under a comUined applicntion of tour ur more
providers.
4. All PWSFs shxil be lxndscapeJ and screened in accor�mce wiUi Chapter 19.12> FWRC and the provisions ��f tLc P1NSF
developmen[ regulxtions. At ai nvnimum, ti five ft. Type III lt�ndscape xrea shxll be required around the tacility, u�'iless Qie
community development services director detennines ll�at the tiioility is adeiluately scrcened.
5. New tieestanding PWSFs tire ��Iluwed suUject to height linuts emd cc�llocation provisions. YWSI�s are ullowed on ��isting
towers, on private buildings xnd stnwtures, on publicly used stnictures not located in public �ights-ot=wxy, on eaisling
s[nictureslocated in [he E3PA trxil, and un exisling structures in eippropiinte public ri�hts-ot=wxy. Rcter to FW12C 1�.255.0�
for developmen[ stan�u•ds tipplicxl.ile to zillowed types oFYWSFs.
Process 1, II, III nnJ IV ttre 3escriUed in
Chapter.19.55 FWRC, Por other infomixtion about parking xnd parking areas, see Chapter 19.1.�0 1� WRC.
Ch+ipter 19.60 FWRC, For detxils ofwhat mxy exceed tLis hciglulimit, see FWKC 1J.110.050 et sey.
Chapter 19.65 FWRC, For details regarding required yxrSs, see FWRC 19.125.1G0 et sey.
Chapter 19.7U FWRC tespectively.
K\2009 Code P.mendtnenb\PW SFlPlam�ntg Conunissim�\Oct 7 Meet'v�g Packet\CE 19•240 PW SF.DOC
i'�
�ra.re
Chapte�• 19.245. Corporate Park (CP-1)
Persetjal See-neN
wireless 3
scY°viee
fae��ity
occiioii.�
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K:\201KI C��de Atnendtneuts\PWSF�Plutuiu�g Cmmuission\Oct 7 Meeting Packet\CP-1 l9•245•Ol0 PWSF.duc
CITY OE EEDER�II, W�Y
PLANNING COMI�IISS[ON
October 7, 2009 City Hall
7_00 p.m. Council Chambers
MEETiNG M(NUTES
Commissioners present: Merie Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, and Tim O'Neil.
Commissioners absent: Tom Medhurst (excused) and Wayne Carlson (exci�sed). Staff present: Senior
Planner Margaret Clark, Associate Pianner David Lee, Planning Manager Isaac Conlen, Assistant City
Attorney Peter Beckwith, and Administrative Assistant Tina Piety.
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of September 16, 2009, were approved as written.
AUDIENCE COMMENT
None
AD1VaNISTRATIVE REPORT
Mr. Conlen announced that Lawson Bronson was reappointed to a four year term tast night by the city council.
We will hold elections for Pianning Commission officers the first meeting in November. We will meet
November 4`�.
COMMISSION BUSINESS
PUSL�c HEARING Code Amendments to Personal Wireless Service Facilities (PWSF)
Mr. Lee delivered the staff presentation The proposed amendments are intended to reduce redundant
language, remove sub-prioritization of location preferences, remove submittal requirements for
electromagneric field (EMF) implementation reports, and remove the 10 year expiration period Zoning charts
are also proposed to be modified to change the minimum review process from a Process III to a Process II.
One concern was expressed by a HAM radio operator and staff inet with him to discuss his concerns. He did
not make a formal comment. One formal comment was made by RealComm Associates. Staffmet with
representatives of RealComrn Associates and as a result, incorporated some of their concerns/suggestions
into Exlubit A, Second Version. Staff requests the Commissioners base their questions, comments, and any
decision on Exhibit A, Second Version. Staff provided copies of Exhibit A, Second Version and the email
from RealComm Associates stating their acceptance of Exhibit A, Second Version.
There was no public comment.
Commissioner Bronson asked if the PWSF regulations apply to HAM radio operators. Mr. Lee replied that it
does not apply to them. HAM radio operators are regutated by the FCC.
Commissioner O'Neil asked for clarification on what are the sub-prioritizations of locations. Mr Lee
explained that under the current code there are five levels of site prioritization for where a PWSF inay be
located Those levels are: structures located in the BPA lrail; existing broadcast, relay, and transmission
towers; publicly used structures; appropriate business, commerciai, and city center zoned sites; appropriate
tC �ao7-ov.aoc
Planning Commission Minutes Page 2 October 7, 2009
public rights-of-way; and alternative location as approved by the Director of Community Development. Of
those levels, t�vo have sub-priorities: appropriate business, commercial, and city center zoned sites; and
appropriate public rights-of-way. For example, under the appropriate public rights-of-�vay, the sub-
prioritization is a preferred order of street classitications (first principal arterial, then minor arterial, then
principal collector). Staff has concluded that the tive main prioritized locations serve as adequate measures to
ensure that PWSFs are located appropriately_
Commissioner O'Neil asked how many PWSF applications has the city received. Mr. Lee replied that since
incotporation, the city has received 48 apptications. O f those, 45 have been erected and 3 were approved, but
the applicants did not build them. Commissioner O'Neil asked if the proposed amendments were mode(ed
after other city's regulations. Ms. Clark responded that when the regulations were first developed in 1997, the
consultant did research regulations from other cities. Staff felt that since the current proposed amendments
mainly streamline and simplify the process, it was not necessary to research regulations from other cities.
Commissioner Long asked if the city has regulations specifying how many antennas may be placed on a site.
Mr. Lee replied that the city leaves that to the applicant to decide. Commissioner Long stated that the current
code requires that within six months the appiicant shall submit a project implementarion report that provides
cumulative field measurements of radio frequency (EMF) power densities of all antennas on their site. How
many applicants have submitted this report? He is concerned because of studies done in Europe that show
higher levels of cancer in areas near cell towers. Mr. Lee replied that few reports have been submitted Any
appiicant must first obtain approval from the FCC to site a tower. The city cannot deny an applicant as long
as they meet normal standards- In regards to Commissioner Long's concern about cancer, staff researched the
issue and has found that a person must be standing directly in front of an antenna to be effected. The research
also stated that antennas are generally located higher then where people are likely to be and are directed away
from taller buildings Staff has included a Brief Technical Suminary on PWSFs with the staff report to address
safety concerns related to EMFs and radio frequencies.
Commissioner Long asked if the city has design standards for cell towers. Mr. Lee replied that the city
requests the applicant to design the tower to blend into the existing environment as much as possble_ The
city wants to achieve aesthetic harmony with the existing environment.
Chair Pfeifer commented that it would have been helpful to have pictures of cell towers. He asked where
setbacks are addressed Mr. Lee replied they are addressed in 19255.020(5)(b), top of page 7 of Exhibit A
Second Version.
Commissioner Bronson moved (and it was secondec� to forward the proposed amendments (Exhibit A,
Second Version) to the City Council for approval. The motion carried unanimously.
The public hearing was closed
ADDITIONAL BUSINESS
None
PA�E ._3,���_�._._
AUDIENCE CONIIVIENT
None
ADJOURN
The meeting was adjourned at 7:30 p.m
K:�e��c����m..�oov�Mrec�gs�ffiy iao�-o9.a��
ORDINANCE NO.
AN ORDINANCE of the City of Federal Wa�, Washington, relating to Personal
Wireless Service Facilities: amending FWRC 19.255.010, 19.255.020, 19.255.040,.
19.255.050, 19.255.080, and 19.255.100; repealing FWRC 19.255.070, and 19.255.090;
amending F�'VRC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.215.100, 19.220.120,
19.255.120, 19.230.140, 19.235.100, and 19.240.140; and repeating FWRC 19.245.010
(Amending Ordinance Nos. 97-300, 00-363, 01-399, 06-515; 07-559, and 08-585).
WHEREAS, the 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 federai law, codify
administrative practices, clarify and update zoning regulations as deemed necessary, and improve the
efficiency of the regulations and the development review process; 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 1935 FWRC;
and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC
which establishes development regulations for Personal Wireless Service Facilities (PWSF) within the
City of FederaI Way; and
WHEREAS, the existing PWSF ordinance has been found to be inefficient; and
WHEREAS, the existing PWSF ordinance does not meet the needs of current technology; and
WHEREAS, the existing PWSF ordinance does not support strong visual aesthetic values; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on September 12, 2009, and no comments or appeals were received and the DNS was finalized
on October 12, 2009; and
WHEREAS, the Planning Commission properly conducted a duly noticed public llearing on these
code amendments on October 7, 2009, and forwarded a recommendation of approval to the City Council;
and
O� No.09- Page 1 of 25
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on October 19, 2009, and recommended adoption of the text amendments as
recommended by the Planning Commission;
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) These code amendments are in the best interest of the residents of the city and will benefit the
city as a whole by providing the opportunity for a stronger communications network within the city and
aesthetically pleasing PWSFs.
(b} These code amendments are consistent with the intent and purpose of Title 19 FWRC and
will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan.
(c) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(d) These code amendments have followed the proper procedure reyuired under the FWRC.
Section 2. Conc(usions. Pursuant to chapter 19.80 FWRC and chapter 1935 FWRC, and based upon
the recitals and the findings set forth in Section l, 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 amendments are consistent with, and substantially implement, the following
Federal Way Comprehensive Plan goals and policies:
LUG1 Improve the appearance and function of the built environment.
LUP1 Use residential design performance standards to maintain neighborhood character
and ensure compatibility with surrounding uses.
Ordinance No.09- Page 2 of 25
LUG2 Develop an efficient and timely development review process based on public/private
partnerships.
LUP4 Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how to improve
upon the permit review process.
PUG1 Work with private utility companies to allow them to provide full and timely service
that meets the needs of the City's residents and businesses, both present and future.
PUG2 Work with private utility companies to allow them to provide service in a way that
balances cost-effectiveness with environmental protection, aesthetic impact, public safety,
and public health.
PUG3 Process pernuts for private utility facilities in an efficient and timely manner, in
accordance with franchise agreements, development regulations, the FWCP, and adopted
codes.
(b) The proposed amendments bear a substantial relat'ionship to the public health, safety, and
welfare because they provide for a more streamlined permit processing, which in turn ultimately
translates into a more reliable communications network. Additionally, the amendments afford the city
more flexibility to offer a communications solution following a disaster or accident.
(c) The proposed amendments are in the best interest of the public and the residents of the City
of Federal Way because they would provide the opportunity for a stronger communications network
within the city and aesthetically pleasing PWSFs.
Section 3. FWRC 19.255A10 is hereby amended to read as fallows:
19.255.010 Personal wireless service facilities (PWSF).
(1) Pcrrpose. This section addresses the issues of location and appearance associated with
personal wireless service facilities. Ii provides adequate siting opportunities through a wide range of
locations and options which minimize safety hazards and visual impacts sometimes associated with
wireless communications technology_ T'�° F '-..:'a;�^�
O� No.09- Page 3 0/�25
(2) Deftnitions_ Any words, ierms or phrases used in this section which are not otherwise defined
shall have the meanings set forth in Chapter 19.05 FWRC.
(3) EYemptions. The following antennas and facilities are exempt from the provisions of this
section and shall be permitted in all zones consistent with applicable development standards as
outlined in the use zone charts, FWRC Title 19, Division Vl, Zoning Regulations.
(a) Wireless communication facilities used by federal, state, or local public agencies for
temporary emergency communications in the event of a disaster, emergency preparedness, and public
hea(th or safety purposes.
(b) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC
19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110_070, Rooftop appurtenances.
(c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham")
radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances.
(d) Satetlite dish antennas less than two meters in diameter, including direct-to-home satellite
services, when used as a secondary use of the property; provided such antennas comply with all
applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.Ob0, Exceptions, and
19_110.070, Rooftop appurtenances.
(e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data
for use in the sale of utility services, except for whip or other antennas greater than two feet in length;
provided the AMR facilities are within the scope of activities permitted under a valid franchise
agreement between the utility service provider and the city.
fl Routine maintenance or repair of a wireless communication facility and related equipment
excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower,
or buildings; provided, that compliance with the standards of this title is maintained.
Equipment cabinet additions or upgrades within existin� equipment enclosures or
buildin�s so long as there is no material area expansion of the equiprnent enclosure or buildinQ, or
chan�e to the approved architectural design of the existing equipment enclosure or buildin�.
(4) Prioritized locations. The following sites shall be the reyuired order of locations for proposed
PWSFs, including antenna and equipment sheiters. In proposing a PWSF in a particular location, the
applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority
locations and document, to the city's satisfaction, why locating the PWSF in each higher priority
location and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs
are as follows:
(a) Structc�res locatecl in the BPA trail. A PWSF inay be located on any existing support
structure currently located in the easement upon which are located U.S. Department of Energy/
Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning.
(b) Existing broadcast, relay and trnnsnzission towers. A PWSF inay be }ocated on an
existing site or tower where a legal wireless telecommunication facility is currently located regardless
of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed
PWSF location, the applicant shall document why collocation on the existing site or tower is not
being proposed, regardless of whether the existing site or tower is located within the jurisdiction of
the city.
(c) �tib�i���f Institutional structures. If the city institutional uses or other public a�ency
consents to such location, a PWSF inay be located on existing structures �°�'.�-an
such as water towers, utility structures, fire stations, bridges, churches, schools and
other public buildings within all zoning districts, provided the public facilities are not located within
public rights-of-way.
(d) Appropi�iate __._a _°a zoning districts. A PWSF
may be located on private buildings or structures within
J
Ordinance No.09- Page 4 of 25
���:�R �';°*r;^*� non-residential zoninQ districts as allowed by the zonin� chart. T�T.�a
a F a• c ,..i.:� ,.,,.o,.,,n. ,.�..:.o.. �i,....�•
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(e) Appropriate public rights-%way. For the purposes of this section, appropriate pubiic
rights-of-way shall be defined as including those public rights-of-way with functional street
classifications of principal arterial, minor arterial, and principal collector. A PWSF inay be located on
existing structures in appropriate public rights-of-way. Structures proposed for location of PWSFs
shall be separated by at least 330 linear feet.
Location of a PWSF on an existing structure in an appropriate public right-of-way
shall require a right-of-way permit in addition to the required use process approval.
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If the PWSF is proposed to be located in an appropriate public right-of-way and the
surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive
use and/or zoning shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding
uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the
least adverse visual impacts.
(t} If the applicant demonstrates to the city's satisfaction that it is not technically possible to
site in a prioritized location, the city reserves the right to approve alternative site locations if a denial
would be in violation of the 1996 Telecommunications Act, as determined by the city.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3. 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord.
No. 97-300, 3, 9-16-97. Code 2001 22-966.)
Section 4. FWRC 19.255A20 is hereby amended to read as follows.
19.255.020 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
personal wireless service facility:
(1) Building- or structure-mounted PWSFs on existinQ
bui/clin�s or structures in or out ofthe public ri�ht_of-wav. PWSFs mounted on existing buildings and
structures ��''���•°a �h�` shall conform to the following development standards:
(a) The PWSF shall consist only of the following types of facilities:
(i) A microcel! or a minor facility; or
(ii) A PWSF that exceeds the minor facility thresholds for number of antennas,
dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by
the director of community development services, subject to meeting all of the following standards:
(A) The facility shall not create substantiaily more adverse visual impact than a minor
facility; and
{B) The equipment cabinet for the PWSF shall meet all requirements of subsection {33
of this section; and
O� dinance No.09- Page S of 15
(C) The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project
location, surrounding envirorunent, and potential visual impacts; and
(D) The PWSF shall comply with all other applicable standards of the Federal Way
Revised Code.
(b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet
above the existing or proposed roof or other structure regardless of whether the existing struciure is in
conformance with the existing maximum height of the underlying zone as outlined in the use zone
charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop
appurtenances, as identified in 19:110.070 provided they do not extend beyond 15 feet above the �ee€
maximum height of the structure as defined eer FWRC 19.05.080 H definitions.
(c) For PWSF's located in the right-of-wav the combined antennas may extend up to the
minimum necessarv height to meet safetv clearances required b ty he operator of the existing structure,
but not exceed 15 feet above the existing structure, plus the height of the proposed antennas as
specified in subsection I)(e) of this section. The maximum allowable height of the new structure
with the PWSF antennas shall be determined bv the director of community development services,
depending upon the antenna type, design location on the structure and the proposed method of
attaclunent. An existing structure can be increased in hei�ht only once �er a 12-month period. Any
structure, whether a new or replacement structure, located in a public right-of-way must be similar in
terms of size (except height), shape, color, material and location to the existing and surrounding
structures, as determined bv the director of communitv development services_ The antenna extension
may be permitted re�ardless of whether the existing structure is in conformance with the maximum
height of the underlving zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zonin�
Re�ulations.
�The antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall,
to the greatest extent practical, blend into the existing environment pursuant to subsection f4} of
this section. Panel and parabolic antennas shalt be screened from residential views and public rights-
of-way unless meeting the provision of FWRC 19.1 10.070(2)(b}.
(e) It is the applicant's responsibility to prove that the maximum size of the PWSF panels and
number of antennas is the minimum size necessary. The maximum size of antennas to be (ocated on
existing st� in a public right-of-wav shall be two feet in diameter for parabolic antennas, eight
feet in hei�ht for panel antennas, and 15 feet in hei�ht for whip antennas.
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Or-dinance No.09- Page 6 of 2S
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fe} f� Required setbacks shall not pertain to PWSFs within public rights-of-way e�
Within
residentia( zones, eyuipment enclosures, and buildings to house equipment cabinets located above
ground on properties adjacent to the public right-of-way shal} meet all applicable setback
requirements for residential development of the underlying zone. For developed sites in
nonresidential zones, the seiback requirements for the equipment enclosure shaIl be those of the
principal use of the subject property_ For undeveloped sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.
New freestanding PWSFs. All requirements of the associated land use zoning charts must
be met: Additionallv, �these structures shal] conform to the following site development standards:
(a) Placement of a freestanding PWSF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a
lattice tower may be used to accommodate the collocation of four or more providers as part of a joint
permit application.
(c) In no case shall a freestanding PWSF be located closer than 500 feet to an existing
freestanding PWSF whether it is owned or utilized by the applicant or another provider_
(d) A freestanding PWSF, including the support structure and associated electronic
equipment, shall comply with all required setbacks of the zoning district in which it is Cocated. For
developed sites, the setback requirements shall be those of the principal use of the subject property.
For undeveloped sites, the setback requirements for new freestanding PWSFs shall be 20 feet for
front, side, and rear yards.
(e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total PWSF as possible from
prevaient views; and/or
(ii) Use existing site features as a background so that the total PWSF blends into the
background with increased distances.
Ordinance No.09- Page 7 of 25
fl ln reviewing the proposed placement of a facility on the site and any associated
landscaping, the city may condition the application to supplement existing trees and mature
vegetation-to more effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shal] be camouflaged to blend
in harmoniouslv within the existin� site throu�h the use of faux-structural desi�ns or when not
technologicall�or aestheticall�feasible, painted in a non-reflective Ee�e�-e� color scheme appropnate
to the background against which the PWSF would be viewed from a majority of points within its
viewshed. The proposed color or color scheme shall be approved by the hearing examiner or director
of community development �te� services.
Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through
employing the best available technotogy and design, as determined by the city: This may be
accomplished by use of compatible materials, location, landscaping, color, stealth techniques such as,
but not Iimited to, artificial trees and hollow flag poles, and/or other methods or techniques to achieve
minimum visibility of the facility as viewed from public streets or residential properties. In addition,
the provisions for landscaping as outlined in the use zone charts, FWRC Title 19, Division VI,
Zoning Regulations, shall apply.
Standards_for electronics e�u�pn�e�es�s= cabinets.
(a)
Electronic cabinets
shall either:
�..,�i �.o.,i.,,.aa „n,��,�
ti
�-ge placed in a� a new or existing completely
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enclosed building It is the applicant's responsibility to prove that the maximum size of the buildinQ is
the minimum size necessary to house the equipment, or;
ii Y y ''Be placed above ground in a new Ea��
a h•��'a��^ or existing eyuipment enclosure. It is the applicant's responsibilitv to prove that the
maximum size of the enclosure is the minimum size necessarv to house the equipment.
(b) �ev�-g�e�d Equipment enclosures shall be screened with one or a corr►bination of the
following methods, which shall be acceptable to the city: fencing, walls, landscaping, structures,
buildings or topography which will .block the view of the equipment enclosure to the greatest extent
possible from any street and/or adjacent properties, as deternuned by the director of community
development services. Screening may be located anywhere between the enclosure and the above-
mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy
condition, pursuant to FWRC 19.125.090(2) a' a'"''''°
If the equipment cabinet is located within a new enclosed building, the
building shall conform to all applicable development standards and design guidetines for the
Ordinance No.09- Page 8 oj25
underlying zone. The E�� enclosed building shall be architecturally designed and shall be
compatible with existing buildings on the site. The ee�} enclosed building shall be screened to
the greatest extent possible from any street and/or adjacent properties by landscaping and/or
topography.
(-6-} ��fttierta� S�tanclards for equipment enclosures: fe�
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(a) Electronic equipment enclosures shall not be allowed within the right-of-wax
In residential zones, equipment enclosures tocated above ground on properties
adjacent to the public right-of-way shall meet all applicable setback requirements for residential
devetopment of the underlying zone. For developed sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be those of the principal use of the subject property.
For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure
shall be 20 feet for front, side, and rear yards. However, for undeveloped sites in nonresidential zones,
if the appticant can demonstrate that the equipment enclosure can blend in harmoniously with the
existing site and complement the landsca�e buffer requirements of the underlying zone as determined
ap�ropriate by the director of communitv development services the equipment enclosure can be
located inside of the 20 foot setback but outside of the required landscaping buffer of the underlying
zone.
Equipment enclosures shall be designed, located, and screened to minimize adverse
visual impacts from the public right-of-way and adjacent properties.
Equipment enclosures shall be designed, located, and screened to minimize adverse
visual and functional impacts on the pedestrian environment.
Equipment enclosures and screening shall not adversely impact vehicular sight
distance.
Security fencing.
Ordinance No.09- Page 9 o/�2S
(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
(c) Chain-link fences shall be painted or coated with a nonreflective color.
Cumulative effects. The city shall consider the cumulative visual effects of PWSFs
mounted on existing structures and/or located on a given permitted site in determining whether
additional permits may be granted so as to not adversely effect the visual character of the city.
Signage. No wireless equipment shall be used for the purpose of mounting signs or
message displays of any kind, except for small signs used for identification, hazard warninQ, and
name of provider.
(-�8) Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section shall be defined by
the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI,
Zoning Regulations.
(b) Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No.
97-300, 3, 9-16-97. Code 2001 22-967.)
Section 5. FWRC 19.255.440 is hereby amended to read as folIows:
19.255.040 Temporary personal wireless service facilities.
As deternuned by the director of community development services, a temporary personal wireless
service facility, or cell-on-wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the construction of a freestanding PWSF which has been
approved through the appropriate permit process; provided, that the temporary personal wireless
service facility or ce(1-on-wheels creates no more adverse impacts than the PWSF which was
approved through the appropriate permit process. Only one temporary personal wireless service
facility or cell-on-wheels shall be permitted for a single site.
(2) For a period of �8-�y�s time determined to be appropriate bv the director of community
development services, during an emergency declared by the city, state, or federal government that has
caused a freestanding PWSF which has been approved through the appropriate permit process to
become involuntarily non-operational; provided, that the temporary personal wireless service facility
or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the
appropriate permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash
bond in an amount to be deternuned by the director of community development services in order to
guarantee performance of future removal and restoration of the site.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-3b3, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-969.)
Section 6. FWRC 19.255.050 is hereby amended to read as follows:
19.255.050 Application reqairements.
(1) Except for temporary personal wireless facilities, permit applications made under this section
shall include the following minimum information in addition to that required for the underlying
pernut review process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photosimulations of the proposed facility from affected properties and public rights-of-
way at varying distances. These photo simulations should include examples of camoufla�e and stealth
ins[allation options.
Ordinance No.09- Page 10 oj25
(c) Architecturat elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and an explanation of the
need for that facility at that height and in that location.
,.ai,..- �.o;..,. ea
(e) An inventory of other PWSF sites operated by the applicant or other providers within a
one-mile radius of the proposed PWSF location,
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(f� A site/landscaping plan showing the specific placement of the PWSF on the site; showing
the location of existing structures, trees, and other significant site features; and indicating type and
locations of plant materials used to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located above ground,
an explanation of why it is impracticable to locate the cabinet underground.
Documentation of efforts to collocate on existing facitities.
The city may require the applicant, at the applicant's expense, to provide any additional
information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to
implement this chapter and to require that such information, studies, mapping, materials, inspections,
and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's
expense.
(2) Permit applications for temporary personal wireless service facilities shall include the
following minimum information:
(a) Documentation of previously pernvtted facility.
(b} Site plan showing proposed location of temporary facility in relationship to the location of
the previously permitted facility and property boundaries, including dimensions from the property
lines and height of proposed facility.
(c) Photographs of the proposed facility.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No.
97-300, 3, 9-16-97. Code 2001 22-970.)
Section 7. FWRC 19.255.080 is hereby amended to read as follows:
°.''�w 19.255.070 Removal of facility.
(1) Abandonment and remonal. The owner or operator of a PWSF shall provide the city with a
copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the
FCC. Additionally, the owner or operator of a PWSF shall notify the city in writing of the
abandonment of a particular facility within 30 days of the date the PWSF is abandoned. �1'he
abandoned PWSF shall be removed by the facility owner within 90 days of the date the PWSF is
abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as
determined by the city. Disrepair includes structural features, paint, landscaping, or general tack of
maintenance which could result in adverse safety or visual impacts. If there are two or more users of a
single tower, then the city's right to remove the tower shall not become effective until all users
abandon the tower.
Ordinance No.09- Page I 1 of 2S
(2) Partial abandonment anc� removal. lf the abandoned antennas on any PWSF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no
longer in use, the PWSF shall be considered partially abandoned. The owner or operator of any
partially abandoned PWSF shall notify the city in writing of the partial abandonment of a pariicular
facility within 30 days of the date the PWSF is partialty abandoned. The owner of the PWSF shall
have 120 days from the date of partial abandonment to collocate another service on the PWSF. If
another service provider is not added to the PWSF within the allowed 120-day collocation period, the
owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting
structure which exceeds the point at which the highest operational antenna is mounted.
(3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned
facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls
upon the property owner on which the abandoned or partially abandoned facility is located. The city
may enforce this subsection using the procedures as set forth in FWRC I.15A10.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-973.)
Section 8. FWRC 19.255.100 is hereby amended to read as foltows:
°.''�w 19.255.80 Revoc�Non of permit.
A petmit issued under this chapter may be revoked, suspended or denied for any one or more of
the following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of
a permit;
(3) When the permit was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other PWSF providers in collocation efforts as required by this
chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Failure to remedy localized interference with the reception of area television or radio
broadcasts or the functioning of other etectronic devices.
(7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to
deternune if the pernut shall be revoked as it used to grant the permit.
(Ord. No. 08-585, 3(Exh. A), i 1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-975.)
Section 9. FWRC 19.255.070 is hereby repealed as follows:
�n �cc n-rn ��,r� �t....a....a� .,.,a :...o..r
4' .1 1 r .i iFtil, 'r L.� +4, rl, 4' '1'r t, ll ho 0
rc........ ------v
Ordinance No.09- Page 12 of 25
Section 10. FWRC 19.255.090 is hereby repealed as follows:
s
s
n
�a
Ordinance No.09- Page 13 of 25
Section 11. FWRC 19.195.190 is hereby amended to read as follows:
19.195.190 Personal wireless service facility.
The followin uses shall be ermitted in the suburban estate (SE) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
Re uired Yarcis
ZONE
z
SE
F, v
USE Q E A
s 'K �n v
a v SPECIAL REGULATIONS AND NOTES
N
w c :Y
y .G y
I' O p p C
yy cL C� J u. v� CG 2 .J iA G: a
Peisonal Ser-rj�ke See See See See Refer to See Not N/A I. Not applicable. PWSFs allowed on existin� st�vctures only.
wireless note I note note note FWRC note allowe
setvice n�cess I I I I 9.255.02 3� d on a
faciliry 0 for PWSF
(PWSF) maxi-
mum �cx
Sec note 4 heights
3 tbr f'or
allowed allowed �.e:,.�.. ..........,a ....a.... c�uo� ia�czn�n��v��
types of types of
PWSFs PWSFs
See-+x�e
_i..,. �.,:,.w R..,...va ....ae.. c�uor_� �2cs_a�ni�v�.�
T
3- 2. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PW5F
development regulations. At a minimum, a five ft. rype Ill landscaping area shall he required around the faciliry, unless the
community development services director detennines that the facility is adequately screened.
4. 3. New ti•eestanding PWSFs ai�e not allowed. PWSFs shall be allowed only on existing toweis, on publicly used shvctures
not located in public iights-of-way, on existing suuctures located in die BPA n�ail, and on existing sdvctures in appropiiate
public iights-of'•way. Refer to FWRC 19.255.020 for development standards applicable to alloweci rypes of' PWSFs.
Process I, II, III and tV are desaibed in For other infonnation about parking and parking areas, see Chapter 19,130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.6(3 FWRC, For details of' what may exceed this height limit, see FWRC 19.1 10.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinnnce Nn.09- Pa�e l4 25
Section 12. FWRC 19.200.190 is hereby amended to read as follows:
19.200.190 Personal wireless service facilitv.
The followin uses sllall be ermitted in the sin le-famil residential (RS) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind use THEN, aa�oss for REGULATIONS
Minimums
R uired Yai�ls
ZONE
z
O y RS
Use Q o E
n, a w
v,� N v s N y SPECIAL REGULATIONS AND NOTES
c� N o .w
u a u. v� a x� �n' a
Petsonal S�ee-�c+Ee See See See See Refer to See Not N/A I. Not appiicable. PWSFs nllowed on existing structures only.
wireless note I note note note FWRC note allowed e�e�-�F-He�lew�
service Proeess t 1 I 19.255.02 3 on a
1'�ciliry 11 0 for PWSF
(PWSF) inaxi-
mum N��e+
See note 4 heights
3 for for
allowed allowed
types of rypes of
PWSFs PWSFs
S ee-HCxe t�p
3- 2. All PWSFs shall be landscaped and screened in accorclance with Chapter 19.125 FWRC and the �rovisions of the
PWSF development regulations. At a minimum, a tive ft. rype III landscaping area shall bc reyuired around thc f'aciliry,
unless the communiry developmcnt services direetor detennines that the facility is adequately sa•eened.
3 New ti•eestanding PWSFs are not allowed. PWSFs tih�il he allowed only cm existing toweis, on publicly used stiuctures
not located in public rights-oP-way, on existing sUVCtures located in the BPA trail, nnd on exisiing sUUCtures in appropiiatc
public rights-af=way. Ref'cr to FWRC 19.255.020or devel< standards applicahle to nllowed types oF PWSPs.
Process t, II, Ill and IV are descitibed in For other infoimation about parking aiid parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
C'hapter 19.60 fWRC. 1=ur details of whal may exceed this lieight limit, see FWRC 19.1 10.050 et seq.
Cfiapter 19.G5 FWRC. 'r'<�r details regarding required yards, see FWRC 19.125.160 et sey.
Chapter 19.70 FWRC respectively.
Oi•drr�nnce No,09- Pa,Ke lS c�J'25
Section 13. FWRC 19.205.200 is hereby amended to read as follows:
19.205.200 Personal wireless service facility.
The followin uses shall be ermitted in the inultifamil residential (RM) zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind usa THEN, across tbr REGULATIONS
Minimums
z
Re uired Yards
a ZONE
s RM
u,� o o F
a v v� SPECIAL REGULATIONS AND NOTES
y t m N C
3 N C L A ,�D C Q. Y
O 'O o0
N O N C7 �p 6!
Q�.. 1� _1 Li V7 S fA 2� C
Peisonal See-rjaEe See See Sec See Refer to See Not N/A I. Not applicable. PWSFs allowed cm existing suuctures only.
wireless note I note note note FWRC note 3 allowe
se�vice P• IOCI'SS I I I 19.255.02 2 d on a
facility il 0 for PWSP
(PWSF) maxi-
mum
See note 4 heights
3 f'or for
allowed allowed
rypes of rypes of
PWSFs PWSFs
See-r�Ee �t�r
e..:...:..,. �.._...,....e ..t........., �,.,:,.i.. ,..�....,,a ....a.,.. rwor �o �cc n�ni�v�.�
2. Alt PWSFs shall be landscaped and screened in acco��lance with Chapter 19.125 FWRC nnd the provisions of the PWSF
development regulations. At a minimum, a tive tt. rype [Il landscaping area shall be required around the ti�ciliry, uniess the
community development services director detennines that the facility is adequately screened.
4. 3. New fl•eestanding PWSFs are not allowed. PWSFs shall be allowed only rni existing towers, on publicly usad snactures not
locuted in public �ights-of-way, on existing sttuctures located in lhe BPA trail, and on existing structw•es in appropriate public
rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed rypes of PWSFs,
Process I, 11, III and IV are d�scribed in For other infonnation ahout parking and parking areas, see Chapter 19.130 FWRC.
22-351 22-356.
22-3(iI 22-370 For details of what may nxceed this height limit, see FWRC 19.I 10.050 et seq.
22-3R6 22-41 I, For details regarding required yards, see FWRC 19,125,160 c;t seq.
22-431 22-460, res ectivel
Ordinance No.09- Pnge !6 �/?S
Section 14. FWRC 19.210.050 is hereby amended to read as follows;
19.210.050 Personal wireless service facility.
The followin uses shall be ermitted in the rofessional office PO zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind use THEN, across tbr REGULATIUNS
Minimwns
Re uired Yai�ls
ZONE
z
P�
N
Use
o E A
X v�
s N v SPECIAL REGULATIONS AND NOTES
.v m b Y
Q> 0 •C R G Uj
u u. �n S ,.�a �n a a
Peisonal See�+xate See See See See Refer to See Not N/A l. Not applicabie. PWSFs allowed on existing shuctures only.
wircless nc�te I note note note FWRC note allowe
service Proces I I I 19.255.02 3 d on a
Faciliry II 0 for 2 PWSF
maxi-
See note 4 mum t��ae�a�er•
for heights
allowed for
rypes of' allowed
PWSFs rypcs of
PWSFs
Se�e-flete EHe-e.k+z�eEar•�e+
3- 2. All PWSFs shall be landsc�ped and screenecl in �ccordance with Chapter 19.125 fWRC and the prrnisions of the
PWSF development regulations. At a minimum, a tive ft. rype Ill landscaping area shall be required around the facility,
unless the conununity development seivices director detei7nines that the faciliry is adeyuatety .r•a�eened.
4 3. New freestanding PWSFs are not allowed. PWSFs shall he allowed only on existing toweis, on krivate buildii�s and
stivctures, on publicly used snvctures not located in public iights-ot=way, on existing snvctures located in the BPA uail, and
on existing suuctures in appmptiate public �ights-ot=way, Refer to FWR� 19.255.020 f'or development standards applicahle
to allowed types ot' PWSFs.
Pmcess I, 11, IIl and IV are described in For other infonnation about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19b0 FWRC, For details of what tnay exceed this height limit, see FWRC 19.1 10.050 et seq.
Chapter 19.65 FWRC, For details regarding reyuired yards, see FWRC 19.125.1(�0 et seq
Clia tcr 19.7U FWRC res ectivel
Or�lrnnncc No.09- Pn�e 7 0/75
Section 15. FWRC 19.215.100 is hereby amended to read as follows:
19.215.100 Personal wireless service facility.
The followin uses shall be ertnitted in the nei hborhood business BN) zone sub'ect to the re =ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind use THEN, across fi�r REGULATIONS
Minimums
z
Q Re uired Yards
ZONE
BN
N
Use A
O�C o E c
a m SPECIAL REGULATIONS AND NOTES
+r N V V
y ,C rn y C
Q'� N C y A .W1 C C a.
O �p Op
u a�'' ci. cn S in a
Per�onal See-t� See See See See Refer to See Not N/A I. Not applicable. PWSFs allowed on cxisting shuctures only.
wireless note I note note note FWRC note allowe
service Process I I I 19.255.02 3 d on a
faciliry �i Q for 2 PWSF
(PWSF) maxi-
mum st+aeta+�e; e+
See note 4 heights
�for for
allowed allowed
rypes c�f' rypes of
PWSFs PWSFs
Se�e-�te �He-st+aeECrr•c;�r
�F.,,,......e. ..i.... we:..w� .ea ..,ae.. c�aior i o �cc mn��v�.�
3� All PWSFs shall be landscaped and screened in accordance widt Chapter 19.125 FWRC and the provisions of the PWSF
development regulations. At a minimum, a five ft, type 111 landscaping area shall he required around the faciliry, unless the
comrouniry development seivices director detennines that the f'acility is adeyuately screened.
4� New freestanding PWSFs nre not allowed. PWSFs shnll be allowed only on existing towe�s, on nrivate buildii�s and
sUvctures, on publicly u,r•ed ct�vctures not loc�led in public rights-of-way, oii existing spvctures located in the BPA h•ail, and
on existing scivctures in appmpiiate public iights-of-way, Ref'er to FWRC 19.255.020 for devclopment standards npplicable to
allowed types <�f PWSFs.
Process I, li, III and iV are desciibed in For other infonnation alxwt parking and parking areas, sec Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of whfu may exceed this height limit, see FWRC 19.1 10.050 et seq.
Chapter 19.65 FWRC, Far details regarding required yai�ds, see FWRC 19,125.160 et seq,
Ordinnnce Nn.�9- Pn�e /8 q/'25
Section 16. FWRC 19.220.120 is hereby amended to read as follows:
19.220.120 Personal wireless service facility.
The following uses shall be permitted in the community business (BC) zone subject to the
DIRECTION5: FIRST
Minimums
Re uired Yards
z
O y ti
Use L 'e
a
G. �x 'g v�
..7 v y A td iO �N CU
3 N y U
t a y c e c
o �v w
11 c�' �n 2 'ri� a
Peisonal See note Notte See See See Refer to See Not
wireless 2 note note note FWRC note allowed
setvice I I I 19.255.02 4 on a
facility 0 for PWSF
See nore 5
for allowed
rypes of
PWSFs
Process I, It, III and lV are desciibed in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
tnum
heights
for
allowed
types of
PWSFs
See note
3
USE ZONE CHART
down to find use THET
ations
ZONE
BC
notes set forth in this section:
SPECIAL REGULATIONS AND NOTES
q L For developed sites. ihe setback requirements shnll he those of the priucipal u�e of the suhject property. I"or unclevcloped sites. ihe netback
requirements f'or new frees�anding PWSFs sh�ll he 20 fl. for fronL side. and rear yards,
2, Sub.jecl to meeting ail applicable development standards, the review process used shall he process L except f'or the following proposals:
a. Process FR L for the f'oilowing proposals:
(I) The PWSP is loc�ted withiu i00 ti, ofa residential zone:
or
(2) The PWSF is locared on a structure �hat is a residence or school or contains a residence or scl�ool:
el�rr�re: or
(3) The PWSF is a new freesfanding PWSFs;
b. Process 1� Ilj if the PWSF is a lattice rower accommodating four or more proviAers.
3. Maximum allowed height for a new freestanding PWSF sh�ll be the minimum necessaiy m provide ihe service up �0 100 fi., plus any height
Eranted under FWRC 19.110.060. A PWSF shall be allowed up to 120 fi. if'Ihere are two or more providers; except that a lattice tower ol'between
120 fl. ro I50 fi. will be allowed under a combined application of four or more providers.
4, All PWSF shall he laudscaped and screened in accordanca with C'haprer 19.125 FWRC and the provisimis of the PWSf devebpment
regulations. At a minimum, a five ft. type IIl landscaping area shall be required around the f'aciliry, unless ihe cammuniry developmcnt services
director detennines iha� ihe tacili�y is adequately screened.
5. New freestanding PWSFs are allowed suhject ro htight liiuits and collocation provisions. PWSFs are allowed on existing towers. on private
buildiugs and structures, ou publicly used structures not loc�ted in public rights-of•way, on existing structures locared in the BPA trail. and on
existing structures in appropriate public rights-of-way. Refer �o PW R(' 19.255.02Q tbr devclopment standards applicnble to allowed rypes of'
PWSFs,
For other intimnation about parking and parking areas, see Chapter 19.120 FW RC.
Oi•dinnnce Na.09-
For det�ils of what may exceed this height limit, see FWRC 19.1 10.050 et sey.
Fur details regarding reyuired yards, sce FWRC 19.125.IG0 et sey.
Pn��el9qf25
Section 17. FWRC 19.230.140 is hereby amended to read as follows:
I9.225.120 Personal wireless service facility.
The followine uses shall be nermitted in the citvi center core
zonesubiecttothe
USE ZONE CHART
lown to tind use THEP
wireless
facility
Z
o
F
o
d d
N
f%1
LL'
See note Nonc
2
See note 5
tiir allowed
rypes of
PWSFs
V
O 'O A
v
;e notes I and 4
s
E
'n
A
V
OD
S �.�.1
Refer to See
FWRC note
19.255A2 4
Ofor
maxi-
mum
heights
for
allowed
types of
PWSFs
See note
3
Process I. I1. III and IV �re
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chupter 19.65 FWRC,
Chanter 19.70 FWRC resn�
a
Y
fn CG 0�..
lations and notes set forth in this section:
LA
ZONE
CC-C
SPECIAL REGULATIONS AND NOTES
Not N/A I. For
allowed sethacks see FWRC 19 255.02p(SNbL
a 2. Subject to meeting all applicable development standards. the review process used shall be process I, excep� for the followinp proposals;
PWSF
a. Process II if �the PWSF is a new treestanding PWSFs:
b. Process i� IJI if �he PWSf is a IaUice tower nccommodating four or more prmiders.
Maxitnum allowed height for a new freestanding PWSF shall be the minimum necess�ry to pmviAe the service up to 100 Fl., plus nny heighl
granteA under FWRC 19.1 IO.Q60. A PWSF shall he allowed up to 120 Fl. if' Ihere Tre nvo or more providers: except th�t a lanice tower of betwccu
12p ft. ro I Sp will be allnwed under a comhined application of f�ur or more providers.
4. All PWSF shall be IanAscaped �nd screened in nccordance wilh Chapter 19.125 FWRC' and the provisions of the PWST development regulations.
At a minimum, a five fl, type 111 landscaping are� shall be requireA around the faciliry, unless tlie comnwnity develnpment scrvices director
determines diat the faciliry is adequately screened.
5. New freeEtanding PWSFs are allowed suhiect to height limits �nd collncation provisions. PWSFs are allowed on existing towers, on private
builAings anA structures. on puhlicly used sauctures not loc�ted in puhlic righls-ol'-w;iy, on existing structures located in ihe BPA trail. and on
existing +tructures in appropriate public righrc-o(-w2y. Retbr to FWRC 19.255.020 I'or development slanAards applicable to allowed types of PWSF,.
For other infbnnation about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed diis height limit, see FWRC 19.1 10.050 et se,q,
For details regarding required yards, see FWRC 91.125.160 et tic:q.
Orrlrnance No.09- Pa�e l0 q/'25
Section 18. FWRC 19.230.140 is hereby amended to read as follows;
Z
0
use a
V
wireless
service
facility
See note 5
for aUawed
types of
PWSFs
19.230.140 Personal wiretess service facility.
The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind usc THEN, across for REGULATIONS
v
0
II a` a�
y N
d
N N Q
r
u
A
O 'C y
�e notes and 4
co
E
A
u
t y
X
c
S ..�i
a
v
L
C
in eG a`
ZONE
CC-F
Refer to See
FWRC note
19.255.02 4
0 for
maxi-
mum
heights
for
allowed
rypes of
PWSFs
SPECIAL REGULATIONS AND NOTES
Not N/A I. For
allowed setbacks see FWRC 19.255.020(51(b).
on a 2. Sub,ject tn meeting ail applicable deveiopment standards, the review process used shall be process 1, excepl for the foliowin�; proposals:
PWSF a. Process Ifl for the following proposals:
f� The PWSF is a new treestauding PWSFs or;
�2) If the PWSF is a lattice rower accommod�tine four or more �viders.
Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 fl.. plus any heigld
granted uuder FWRC 19.1 10.060. A PWSF shall be allowed up to 120 Fl, if there are two or more providers; except thnt a lattice rower of betwee+i
120 R. ro I50 fl. will be allowed under a combiued application of four or more providers.
4, All PWSF shall be landscaped aud screened in accord�nce with Chapter I9.125 FW RC and the provisious of ihe PWSP development regui�iions.
At a minimum, a five H. type III landscaping are� shall be required around the f'aciliry. unless the communiry development services director
detennines that ihe tacility is adequately screened.
5. New freestanding PWSFs are �Ilowed subjec t Io height limits and collocation provisions. PWSPs are allowed on existing towers. on priv;rie
buildings �nd structurex, nn puhlicly used ,truciures nat loc;ited in public rights-ot=way, on existiug structures located in the BPA trniL and on
existing structures in appropriate public rights-of-way. ReFer to FWRC I�.?55,020 fi�r Aevelopmeul standards applic�hle to allowed rypes of'PWSF'..
See note
3
Process I, II, III and IV m•e
Chapter 19.55 FWRC,
Chaptcr 19 60 FWRC,
Chaptcr 1965 FWRC,
For other infoimation about parking and parking areas, see Chapter 19.130 FWRC.
For detuils of wliat may excecd this height limit, see FWRC 19. I 10.050 et sey,
For detaiis regarding reyuired yards, see FWRC 19.125.160 et seq.
Ordinance No.09- Pnge 2/ o/�?,S
Section 20, FWRC 19.240.140 is hereby amended to read as follows:
USE
19.240.140 Personal wireless service facilities.
The followin� uses shall be permitted in the cotnmercial
7_
O
Q y
u
.7 p
a �3
d
o�
Minimums
uired Yards
zone subiect to the
USE ZONE CHART
DIRECTIONS: FIRST. read down ro tind use THEN. acrass for
v
N v
N c v
o �v
.�.i u. rn
3 O
E
z
Refer to
FWRC
19.255.020
for
maximum
heights for
allowed
types oF
PWSF's
v
Personal wireless I P+eee�� I None I See notes 1 and 4
service facility �Fi er•-f�V
See note 5 for Sze noee 2
allowed types of'
PWSF's
See note 3
Process I, II. Iil and IV are described in
Chapter 19.55 fWRC,
Chapter 19.60 fWRC,
Chapter 19.G5 FWRC.
Chapter 19J0 FWRC respectively.
Zone
CE
and notes set forth in this section:
SPECIAL REGULATIONS AND NOTES
N/A 1. For
setbacks see FWRC 19Z55.020(5)(bl.
2. Subiect to meeting all applicable development standards, the review process shall be Process I, except for the following proposals:
a. Pmcess for the f'ollowing proposals;
(1)Tl�e PWSF is bcated within 300 feet of� residential zone,
(2) The PWSF is located on a structure that is a residence or school or contains a residence or school.
Nje�iwetere=r�
(3) The PWSF is a new freestanJing PWSF; except as provided in iwte (2)(c).
b. Process �K 1�� if the PWSF is a lattice tower accommod�ting four or more providers, or the PWSF is a new freestandindPWSF
Maximum alloweA height f'or a new heestanding PWSF shall be ihe minimum necessary to provide the service up to IQO H., plus Tny height
granted under FWRC 19.1 IOAGO. A PWSF shall be allowed up m 120 Fl. if there are twa or more providers: except that a I�nice tower nf between
120 tt. to I50 tt. will be allowed under a combined application of' four or more providers.
4. All PWSFs shall be landsaaped and screened in accordance wifh Chapter 19.125 FWRC and the provisions of the PWSP Aevebpment regulation..
At a minimum, a tive fl. Type 111 I2ndxcape nrea shnll he required around the faciliry, unless the community developmenl services Airector
determines that the faciliry is adequately screened.
5. New freesinnding PWSFs are allowed suhject to height limits and collocation provisious. PWSFs ere allowed on existing towers, on private
buildiugs and structures, on publicly used slructures nol IocatcA in public riglns-ot=way. on existing structures located in the [iPA trail, and on
exi,ting structures in appropriare public rights-oFway. Ref'er to FWRC I9.255,02p For develop�rient standards applic�ble w alloweA iypes of PWSFs.
For other infonnation about parking and parking are�s, see Chapter 19,130 FWRC,
For details of what ntay exceed this height Iimit, sce FWRC 19.1 10.050 et sey
For details regarding reyuired y�rds, see FWRC 19.125.160 et seq.
Ordinancc No.09-
Page 2 i nJ'25
Section 19. FWRC 19.235.100 is hereby amended to read as follows:
19.235.100 Personal wireless service facility.
The followin uses shall be ermitted in the office ark OP—^D�—�4) zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS; FIRST, read down to tind use THEN, across tor REGULATIONS
Minimums
Re uired Yards
ZONE
z
H e N OP nD i n
F 3 vr
Use a E
�7 X p,
N SPECIAL REGULATIONS AND NOTES
N N
Li7 7.n N C N C C �.1e
O �p bq
u 2�' ti. in 2 rn a
Pe�sonal See None See See See Refer to See Not N/A I. For
wireless note 2 note note note FWRC note allowed se�backc see fWRC 19.255.020[�)(b).
SC�vicC I I I 19.255,02 4 on a 2. Suhject to meeting TII applicable devrlopment siTndnrds. the review process used shall be process L except for the (ollowing propos�lc:
a. Process 1}1 for the following proposals:
faCility 0 fol' PWSF The PWSF is Ioc;ateA witl�in 300 R. ofa residential zoue.
maxi- ..__.....a
$ee note 5 m�m (2) The PWSF is located ou a structure that is a residence or school or cnntaiiTS a residence or school.
for allowed heigh[s
types of for (3) Tlie PWSF is a uew heestanding PWSFs.
PWSFs allowed b. Process iii 1 1 if ihe PWSF is a lattice tower accommodating fiwr or more providers,
tyPes of
PWSFs
See note
3
s. Maximwn �Ilowed height For a new freestanding PN+SF shTll be ihe miuimunt necessary ic� provide ihe scrvice up to IOQ fl., plus any heighi
granted under FWRC 121 IOA60. A PWSF siiall he allowed up to 120 fl. if'therc �rr t�vo or more providers; except that a lattice iower of
betwecn 120 �l. to 150 fl. will be allowed under a comhined application of four or more providers.
4. All PWSP shall be landscaped and screened in accordance with ('hapter 19J 25 FWRC' and the provisions nf the PWSF developmem
regulations. At n ntinimunL T tive fl. type III landscaping are� sh�ll be required around ihe tociliry. unless the conununily development services
direcror determines that the facility is adeyu�tely screeneA.
5, New f'reestanAing PWSPs are �Ilowed suhject to height limits nnd collocalion provisions. PWSPs nre allowed on existinE towers. on private
buildings and structures, on publicly used structures not located in public righis-of-w�y. on existing strucwres located in Ihe f3PA tr�iL and on
existing swcmres in appropriate public rights-ot=w�y. Refer to FWRC 19.255.020 for developmrnt standarAs applicahle to allowed types of
PWSFs.
Process I, II, III and IV are described in For odier infoi7nation about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed diis height limit, see FWRC 19.1 10.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125,160 et seq.
.I 9 4 W s •'v I
O��dinnnce No.09- Pn�e 22 0(25
Section 21. FWRC 19.245.010 is hereby repealed as follows:
r tet �n�rr ru n n�r
oII��FTIEIAIS: �EI�ST, read �ew+i�Tii�d-�se T-F#E?1�,-D E6�lE.-1��A�4S
A4ie+rNn+�s
-�••et�s
C R--�
o.� a
s�3
wus�
�r»�-�+'
Dl��
SCC"Hl)EC
3
o.....,,...,. n n ....a �v ....e a,..,.a�. _a c,...,..�....:,.�;......,.:,... .....a.:.... .,..a ..,..i �i......�. i n I ]!1 CU/D/"
1 S°^a�^�T*TG"a�tivr�'� rrtipccr�rc TrrcC'
c1,...,..,.. cc curor�
Ordinancc No.09-
PnKe 24 0/'25
Section 22. Severabilitv. 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 23. 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 24. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 25. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law and be retroactive to all PWSF land use permits issued since the adoption
of Ordinance No. 97-30Q.
PASSED by the City Council of the City of Federal Way this day of
200
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:�2009 Code Amendments�PWSFILUTC\Draft Ordinance.doc
Ordi��nnce No.09-
Page 25 oJ25
COUNCIL MEETING DATE: N 4� ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
Su�EC'r: 2009 HOUSEKEEPING BUDGET ADNSTMENT
POLICY QUESTION Should the City approve the 2009 Housekeeping Budget Adjustment?
COMMITTEE: Finance, Economic Development Regional Affairs Committee
CATEGORY:
Consent
City Council Business
STAFF REPORT BY: Th0
Ordinance
Resolution
Finance Director 'tK'
MEETING DATE: October 27, 2009
Public Hearing
Other
DEPT: Finance
Background:
This is an ordinance for the 2009 Housekeeping Budget Adjustment. This budget adjustment is primarily to
incorporate any items that have been approved by Council during the year and adjust those expenditures that are
funded with matching revenues.
Attachments:
2009 Housekeeping Budget Adjustment Summary, Ordinance, and E�ibits.
Options Considered:
l. Approve the 2009 Housekeeping Budget Adjustment Ordinance as presented and forward to the full
Council on November 3, 2009 for first reading and November 17, 2009 for and adoption.
2. Deny approval of the 2009 Housekeeping Budget Adjustment Ordinance and provide direction to staff.
STAFF RECOMMENDATION Staff recommends approval of
CITY MANAGER APPROVAL: ,W'�
Committee Council
1.
APPROVAL: �v�--
Comm�ttee Council
COMMITTEE RECOMMENDATION Forward approval of the 2009 Housekeeping Budget Adjustment Ordinance
to the full council on November 17, 2009 for second reading and adoption.
Mike
Dini Duclos, Member ric Faison, Member
PROPOSED COUNCIL MOTION "I move approval of the 2009 Housekeeping Budget Adjustment as presented.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BII.L I
DENIED I reading 3'v' 1
TABLED/DEFERRED/NO AC1'ION Enactmeot reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED— 02l06/2006 RESOLUTION
CITY OF FEDERAL WAY
2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT
Pro osed
2409 2010
General Fund:
Citv-Wide /Non-Departmental
Move General Fund Earmark for Future Pension Rate Increases from 2009 to 2010 (132,920) 132,920
Reallocate KFT Internal Services Charges to General Fund Departments Funded by Reallocation of KFT
Utility Ta�c Contribution to General Fund 6 months in 2009 and Full Year in 2010 Ongoing 7,544 10,277
City Council:
Accounting Change 2% Liquor Profits Excise Ta7c Requirement 2% towards Alcohol Drug Addiction
Program Previously Accounted for in CD-HS Budget 21,440 22,100
Ci Mana�
WA State Office of Public Defense (OPD) Grant for Public Defender Services Approved by Council3/17/09 20,000
Utility Tax Audit Fees Offset by Utility Ta�c Backpay in Utility Taac Fund 17,000
EECBG Recovery Grant for Energy Study Development Strategy 100,000
Medical Incubator Funded by Utilty Tax (Redirect $75K REET to Overlay to Free Up $75K Utility Tax) 75,000
Communitv Development
Internal Service Charge Utililize Automation Fees to Purchase &Implement Permit Conditions Management
System ($20K Capital, already budgeted) and Ongoing M&O ($3K) Funded by Automation Fees Approved
by Council 5/26/09 3,000
Martin Luther King Event Funded by Contributions/Donations Collected Year-to-Date 789
Accounting Change 2% Liquor Profits Excise Tax Requirement 2% towards Alcohol Drug Addiction
Program Account for in City Council Budget (21,440) (22,100)
Municinal Court
Interpreter Fees, 1-Time Funded by Admin Office of Courts, per Interagency Agreement Balance 14,531
Interpreter Fees, 1-Time Funded by Admin Office of Courts, per Interagency Agreement for 2009/10 18,570
Parks Recreation
PK/MT Increase Celebration Park 1-Time Funded by Federal Way Soccer Association Donation 4,000
Reallocate 30% of Parks/PW Director to PW-Admin, Effective 8/1/09 (Decreases PK/Admin Budget, Increases
GeneraUStreet Fund Subsidy by Same Amount) -$36K for partial year in 2009 &$87K full year 2010.
Police
WA Auto T'heft Prevention Authority Grant (WATPA) for Patrol Task Force Council Approved 7/21/09 138,300
WA Auto T'heft Prevention Authority Grant (WATPA) for Tools for Fighting Crime Council Approved
7/21/09 34,638
WA Auto Theft Prevention Authority Grant (WATPA) for Automated License Plate Reader Council
Approved 4/21/09 30,000
FY09 Recovery Act Justice Assistance Grant (JAG) for Spillmane Records Mgmt System, 800 MHZ Radio
Improvement, Valley Civil Disturbance Unit Training/Backfill, Expand Wi-Fi Surveillance Cameras and
Replacement of Tasers- Council Approved 4/21/09 183,079
WA Assoc of Sheriffs and Police Chiefs Grant (WASPC) for use of Overtime for Gang Related Investigations
Council Approved 3/17/09 5,000
DEA Overtime -Funded by Federal Grant Council Approved 9/15/09 16,328
DEA Overtime Funded by State Council Approved 9/15/09 15,000 15,000
Crime Analysis Prevention Recovery Grant (CAP) for Gang Analyst 0.50 FTE Pending 10/20/09 Council
Approval 34,117
Crime Analysis Prevention Recovery Grant (CAP) far Gang Analyst 0.50 FTE Add'1 Amount Pending
10/20/09 Council Approval 5,000
800 MHz Project Replace Current Portable Radio Equipment, Funded within Existing Police 2009/10 Budget
Approved by Council9/15/09
K:�FIN�200&70 BudgeNBudget Adj#3�2009 Housekeeping Adj List 10/19Y1009 2:05 PM 1 of 4
CITY OF FEDERAL WAY
2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT
Pro osed
2009 2010
2009 Bulletproof Vest Grant -$15K Grant and $15K Match Funded within Existing Budget (Reduce Gas
Increase Line Item) Council Approved 6/16/09 15,000
Street Fund:
Accounting Adjustment Allocation of 2% Pay Reduction, approved as part of Long Range Plan Budget Adj (34,199)
Dept of Ecology Air Quality Program Grant Deisel Retrofit Portion 7,826
Dept of Ecology Air Quality Program Grant Remaining Balance 4,330
Sherwood Forest School Zone Flasher Grant 50% Grant 50% Match Funded within Existing Tr�c Division
Budget Council Approved 7/21/09 7,500
Pension Savings Earmark in General Fund for Future Increases (27,289)
FEMA Recovery for Snow Event: $70,097 for 48 hour consecutive snow removal and $10,845 for Debris
Sand Removal 80,942
Commute Trip Reduction Grant Expenditures Funded by Grant 50,079
CERT Budget Moved from Comm Development Budget to PW Emergency Management 2,500
Reallocate 30% of Pazks/PW Director to PW-Admin, Effective 8/1/09 (Decreases Parks Admin Budget,
Increases GeneraUStreet Fund Subsidy by Same Amount) 35,860 86,437
Subtotal General Street Fund 760,224 215,935
Utility Tax:
Transfer to General Fund for Medical Incubator (Reduce Utility Taac Transfer to Overlay and Replace with
REET Transfer)
Federal Way Communiry Center:
Realign Budget based on Year 2008 Performance rather than Business Plan Reduce Revenue Estimates by
$188,036 and Expenditure Estimate by $13,000 No impact to Utility Tax Contribution to FWCC Operations
and Capital Reserves (13,000) (13,000)
TTaf�c safery:
Traffic Safety Program Maintenance 50,000
Real Estate Excise Tax:
Transfer to Overlay (Reduce Utility Tax Transfer to Overlay and Replace with REET Transfer to Fund Medical
Incubator) 75,000
Subtotal Special Revenue Funds 112,000 (13,000
City Facilities CIP:
PAC State Contract for PAC Preconstruction Activities Funded by WA State Dept of Community, Trade,
and Economic Development Grant 500,000
FWCC Virginia Graham-Baker Pool Grate Rehabilitation Funded by FWCC CIP Project Balance 20,550
Steel Lake Annex Improvements Funded by Historical Society Contribution 30,000
Parks CIP Fund:
Soccer Field Improvements Funded by Federal Way Soccer Association Donation 35,000
Lakota Park Reduce Budget in 2009 instead of 2010 as a Result of the LRP Budget Adj #2 (120,000) 120,000
Surface Water Management CIP:
Interfund Transfer to Surface Water Management CIP Return of Unallocated Capital to fund SWM
Operations 508,705
King County Flood Control Zone District Grant for Easter Lake Stormwater Flood Control Improvements 182,000
Transportation CIP Fund:
Street Lights on 20th Way So Project Funded by CDBG Transfer of Entitlement/Recovery Act Grant 174,715
K:1FIN�2009-10 Budget\Butlget Adj#3�2009 Housekeeping Adj List '10/19/2009 2:05 PM 2 of 4
CITY OF FEDERAL WAY
2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT
Pro osed
2009 2010
PSRC Countywide Federal Grant Funding for South 320th Street I-5 Southbound Ramp Project $3.2M and
Grant Match $1.8M funded by Transfer from City Center Access Project 3,200,000
South 320th St 1 st Ave South Reduce Budget by Mitigation Transferred to Unallocated CIP Mitigation
Feeshave beenspent (54,962)
20th Place SW Emergency Slide Repair Revise Project Budget Per 6/16/09 Memo to Council (28,261)
Subtotal Capital Project Funds 4,447,747 120,000
Surface Water Management:
Replace Gas Detector Incur Expense in SWM Fund due to Purchase not Meeting $1,000 Capitalization Policy
Funded by Transfer of Reserves from Fleet Equipment Fund Approved by Council 10/6/09 600
Dept of Ecology Stormwater Grant for Implementing the New Phase II NPDES Permit Council Approved
10/6/09 50,000
M&O on Various SWIv1 Grant Purchases Made in Year 2008 (included lst Yeaz's M&O) Geo Admin Hanssen
Module ($3,000); Arview ($500); and AutoCAD ($1,000) Funded by SWM Fund 4,500
Dumas Bay Center:
KFT Reallocate Internal Service Charges from KFT to General Fund (7 Months in 2009, Full Year in 2010)
due to KFT Management Contract (7,544) (10,277)
KFT Reduce Phone Service Internal Service Charges due to KFT Management Contract (3,000)
KFT Eliminate Other Expenditure Line Items and Add Management Contract, Fire Extinguisher, Alann
System and Other Repairs Maintenance Includes Savings from Converting to KFT Management Contract
set aside for Defened Maintenance (26,445) (50,330)
KFT Acctg Adj Elim Contra Account Parks Superintendent (Eliminated During Budget Adj #2 LRP) (5,619) (20,682)
DBC Acctg Adj Elim Contra Account Parks Superintendent (Eliminated During Budget Adj #2 LRP) (11,268) (31,024)
Information Technology:
Accounting Adj Allocation of 2% Pay Reduction, approved as part of Long Range Plan Budget Adj (14,773)
Accounting Adj Allocation of 4% COLA Elimination, approved as part of Long Range Plan Budget Adj (28,026)
KFT Reduce Phone Service Charges as a Result of KFT Management Contract (3,000)
Purchase Certification of City's Electronic Records Management System Use of Reserves from
Timekeeping System Savings $52K Approved by Council8/4/09
Utililize Automation Fees to Purchase &Implement Permit Conditions Management System ($20K Capital,
already budgeted) and Ongoing M&O ($3K) Funded by Automation Fees Approved by Council5/26/09 3,000
SafeCity M&O Exp Funded by SafeCity Per AG09-081 Approved by Council 3/2/09 Ongoing thru Yeaz
2013 28,000 28,000
Ongoing M&O on Various SWM Grant Purchases Made in Yeaz 2008 (included lst Year's M&O) Geo
Admin Hanssen Module ($3,000); Arcview ($500); and AutoCAD ($1,000) Funded by SWM Operations 4,500
Fleet Equipment:
Purchase Six Replacement Traffic Counters Funded by Reserves Approved by Council8/4/09 10,128
Accounting Adj 2%PayCut and Eliminate COLA (1,684)
Reduce Police Gas Increase Use to Provide for 2009 Bulletproof Vest Grant Match (15,000)
Return Gas Detector Replacement Reserves to SWM Fund Replacement Cost does not meet Capitalization
Threshold, therefore SWM will Incur the Expense and not accumulate future reserves 2,728
Replace Mower for Use at West Hylebos Funded by Replacement Reserves Pending 10/20
Council Approval 6,478
Buildings Furnishings Fund:
Accounting Adj 2% PayCut and Eliminate COLA (4,160)
Subtotal Proprietary Funds (17,942) (76,956)
K:\FIN�2009-10 BudgeflBudget Adj#3�2009 Housekeeping Adj List 10/19/2009 2:05 PM 3 of 4
CITY OF FEDERAL WAY
K:�FIN�200310 Budget�Budget Adj#:i�2009 Housekeeping Adj List tON92009 2:05 PM 4 of 4
2009/10 HOUSEKEEPING ADJUSTMENTS DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND EINANCE,
REVISING THE ADOPTED 2009-10 BIENNIAL BUDGET
(AMENDING ORDINANCE NOS. 08-589, 09-612 AND 09-616)
VVHEREAS, the City Council of the City of Federal Way adopted the 2009-10 Biennial
Budget on December 2, 2008, in accordance with RCW 35A.34,120; and
WHEREAS, on May S, 2009, the City Council enacted Ordinance No. 09-612 to carry
forward funds that had not been expended in 2048; and
WHEREAS, on June l6, 2009, the City Council enacted Ordinance No. 09-616 to revise
downward the revenues and expenditures due to the decline in the economy; and
WHEREAS, as a result of the housekeeping adjustments the City Council finds it necessary
to revise the 2009-2010 Biennial Budget to include the housekeeping adjustments into the revised
budget for 2009 and 2010;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment. Exhibit A(1) entitled "2009 Revised Budget�' and Exhibit A(2)
"2010 Revised Budget" in Ordinance No. 09-616 is hereby amended to Exhibit B(1) —"2009
Revised Budget' and Exhibit B(2) —"2010 Revised BudgeY' to include the housekeeping
adjustments for 2009 and 2010.
Section 2. Administration. The City Manager or Interim City Manager shall administer the
Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with
the revised budget approved herein.
Ordinance No.09- Page 1 of 7
Rev 10!09
a
t
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, 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
chapter 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 chapter 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 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 five (5) days from
the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2009.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
Oidinance No.09- Page 2 of 7
Rev 10/09
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\tin\2009-10 budget�Budget Adj#3�ORD 2009 Housekeeping.doc
Ordinance No.09- Page 3 of 7
Rev 10/09
EXHIBIT A(1) 2009 REVISED BUDGET
Beginnii�g Funr1 Bnlanee Revenue ExpendUure Eading
Fund PriorAmount Adjustmenl Revised A7orAmount AdJustment Revised PriorAmount Adjus[nrenr ReviseA Fund Ba/ance
General Fund 5.542,307 5,�4 2.307 45.505.377 (2.372 .915) 43.132.462 4�,117.293 (2.025,737) 4.i.091.?S6 S.SR3.213
Special Revenue Funds:
Street 100.000 100,000 >,114,414 (2$9,09i) 4,855,319 �5_114,414 (25209�) 4.A55_;19 100.000
..............._......_._a..
Arterial Strc�t 482.407 0 482.40R 1.96R.000 1.9G8.000 2,a50.407 (400.000) 2.Oi0.407 400.001
Utility Ta� G,340,IRR 0 6,340,188 15,721,586 (1,013,953) 14,707,G33 19.371.484 (I,i07.311) 17,A64,173 3,IA3,G4R
S olid Waste /Recvcling I T,318 0 173,318 408J32 408.732 489,234 4$9.234 92.R 16
T Special ContracUStudies 272,788 272,788 272,78A 272J88
Hotel/Motell..odgingTax 194,145 0 194,145 186.750 186,7�0 3R0.895 ;80,895 0
2"/o fi�r the Arts 2)3 293 293 293
federal WaY Comnt Center 984 0 984 2,730.I GO (123,3•I 1) 2,GOfi,849 2, I R4,8i9 2, I8d,R59 422.974
_�....__._____W..�_.
Traffic Satetv 135,g 19 0 135,A 19 580,000 SR0,000 �80,000 580.00'0 13�,A I)
Gr�uits CD13G 45.5_849 455,849 45�.R49 455,849
Paths and Trails 1 93,19 0 193.19G I�8,420 ISR,42 224.000 224.000 127,616
�..V._...
Dcbt Scnicc FunJ 1.763.667 (0) 1.763,G67 4504,03R (2.00Q.Q00) 2.iO4.03R 4.562.07R (3.OSR.h�)4) I.�O>.384 2.764.321
CapitAl Pro,jcct FunJs:
Do�.nto�vnRedevelopment b.bli,42? 0 6,615.42G I.100.000 (500.000) 600.pOp 7,715.42� (500.000) 7.215,425 I
Citv t'acilities 1.i52,7R9 0 1.�52.789 3.360.394 (3.358.G94) 1.700 1.293.700 1.293.700 ?G0.789
__..._.w.�....___.____..
P arks 4._ 71.2 4.571.2 4.17R.000 (SA4.000) 3.� )4A00 7.GR6.8 )5 (�R4.000) 7.102.8 )5 I.OG2.400
SWM 4.71>,793 4,715,793 155,419 I�S,419 3,33�.121 3,335.I21 1,536.091
StreMs 13..512.6R0 13.512,6R0 24,253.G03 24.253.603 33.77R.4G0 33.77R.46O 3.9R7,R23
F:nterpricc fund:
Surf'aceWaterM<viagement Gi,27G (0) GS,z75 3,33L189 3.331,189 3,371,4R3 3.371,4R3 24.981
Dumas I.iay Center 22 4,R32 (0) 224,A32 A22,942 R22,942 1,047,774 1,047.774 (0)
Internal Service Funds:
Risk Ma�iagcment 5,354,R70 0 5,354,R70 77G,45h 776,45G 6R5,3S6 6R?.356 i,445.970
..._..._..............M........._..�..........
Infc>rmation Systetns 2.970.248 (0) 2.970,24R 2.211.497 ((i6.S50) 2.144.947 2.302.170 (66.j49) 2.235.621 2.R79.57d
Support Services 2h0.797 0 2G0,797 201,R45 201.R45 14R,256 14R.?Sb _i 14.3R6
Fleet Fquihment 3,291.R09 0 3,291,R10 2,135,44R 2.135.44R 1.398,2�0 1..,9R.2i0 d,029,00R
Buildin� PurnishinE.+s 1.170.286 (0) 1.170.2R5 4GG.319 4GG,319 440.82R 440.R28 1.19S.77G
TotalAll Funds 59,503,212 l $59,505,214 S 1l9,746,43E $(9,698,5/8) $110;047,910 $143;827,312 S(7,821,386) S/36,005,926 33,547,207
Or�dincmce No.09- Page 4 qf 7
Rev 10/09
EXHIBIT A(2) 2010 REVISED BUDGET
Beginnirrg FunJ Bnlance Reue�rr�e E eirditure Ending
Fu�td PriorAmou�tl Adjus7tnent Revised PriarAmount AdjusYntenJ Revised P»o�Anto�r�tt AdjusCment Revised Fund Bala�ree
Gener.il Fund 5.930.�91 (318.192) 5.612,199 43.073.264 (2.484.Sa5) 40.588J19 44,272.163 (2.ft41.9S7) 41.430.20G 4,770,712
S�xcixl Rcvcnuc FunQs:
_.Street �".'_100.000 IOQ000 a.935.245 (31G.315) �4.935.24j (316.31j) a.G18.930� 100.000�
Arterial Street 400A00 400.000 1.9(8.00O (96A.000) I.000.000 1.9(8.000 (�G8.000) 1.�300.000
�lJtility Tat 2.690.290 710.042 3.400,332 1�.604,959 (1.�21.158) 14,083.801 15.791.292 (3.3�G.4i9) 12.434.833 5.Oq9.30p
Solid Waste/Recvcling 92.816 92.816 41G.854 41G,854 i02.4pj �02.a0� 7.265
Special Contract/Studies �""'F
Hotel/M otel Lod��ing T<ix 0� 0 182.500 182.500 182.i00 I R2.�00 0
2% tbr the A��ts
Federai Way Comm. Centei i4G.285 54G.28� 2.ROS.R48 i RR.459) 2.617. �R9 2. I 23.62G 2. I 23.62G I. Oa0.04R�
TrafticSafety 135.819 135.R19 SSOA00 580.000 j8p.0pb iR0A00 1=i_}S19
irants C'Ul �1>9.9;1 d>9.9i l di9.9 l �S9.9i l
.�_.�T -_m____��
I'aths ancll�rails 127.G1; 12ZG1� IGO.Gig IGO.G58 IGI.000 161.000 IZ7.273
Ucbt Scrvicc Fun 1.7Oi.G27 1.0�8.G93 2.7G4.320 4.2�i.033 (2.400.000) 1.87� 4.275.ROj 1 .142.000) ;.I ;3.&Oi I.>pi.i4R
��i t a I P ru i c ct F u n
._.___....,..._.._e___._�.
O<����ntown Redevelo I.IOO.00U (j00.000) G00.000 I.ORG.I 16 (�00.000) jRG.I 16 13.RHd
�Citti�F'ncililies ?.G19.<1R3 (-3.3iR.l�9a)j 2GOJ89 I.G43.700 (LG42.000) 1.700 ?G2.4R9
Pcirks I.OG2.400 i 1.0G2.400 IJ45.000 (1.200.000) ��15.000 2.054.000 1.200_Q00) 894.000 7i3.400
SWM I.j3G.091 j I.i3G.091 23.4I9 23.419 R23.CiS7 82i.Gi7 7ij.8j3
Strcets 39A7.823 2.130.000 2.130.000 S.GIS.000 i.615.000 �U2.ft2;
P.ntcrprisc Fund:
-i-.�_
Surthc W�ucr M anti��cment �24.9R I 2 4.9A I 3.?G6.Oa4 3.3G6.Oa4 3.3A9.308 3. ;R9.308 I J 17
Dumas f3uy Ccnrer I �(0)i 0� Ri0.�36 8SO.S3G R47.24� 847.2�15 3.291
Internal Service Fu nds:
_____w_...
Risk M anagement 5.44i.970 �.445�970 __77G�4�6 776.4i6 GR�.35G G8i.3i6 i,j;7.070
..._...___._.._..__e__,_.__. ..._.__._.....__._.R......__.
informatio Systems 2.R79.575� 2.879.i75 2.333.510 IOO.IQO) 2.233.410 2.244.1 17 100.100 2.Ia4.017 29GR9(i8
Su pport Serviccs 31�4.3 314.386 201.84i 20 1.R4S 14A.2 I�1R.25 367.97�
Fket &[;quipment���� 4.029.Q0�7 4.029.007 2.I20969 2.120.969 1.5�1.273 1.551.273 4.�98.70;
f3uildin� Furnishin�:ti 1.19>.777 I 1.19�.777 T Sd2.594 542.i94 4a3.G9d �1�13.69a 1.294.677
Tor�rlA//Fu,rds 35,424,337 S (1,508,151)I. $33,916,186 .8 90,776,365 (10,740,577) 879,975,788 S 93,559,989 ,S (9,444,83/) ,884,115,158 29,776,816
Ordinance No,09- p S ���7
Rev 10/09
EXHIBIT B(1) 2009 REVISED BUDGET
Beginning Fund Br�lanCe Revenue Expe»dilure Ending
Fund PriarAmoun[ Adjustment Revise�l PrlorAmnunt Arljustment Re�dsed PrlorAmount Adjustntent Revlse�! Fund Balance
C:eneral F'und 5.�42,307 5.542.307 43,132.462 71G.896 43.R49.3�R 43,091.556 600.976 43.692.532 >.G99.13�
Speci�l Revenuc Funds:
......................e.....,,.......�....._................_.._�.....� ......_........e,..�...._w....._......_..
Street 100,000 100,000 4,855,319 159.24R 5,014,567 4,R�5,319 I�9,2a8 �.014,567 100,000
Arterial Street 4R2.40R 0 482.408 1.968.000 196R,000 2_0�0.407 2.050.407 400.001
lJt ility Ta� 6,340, I R8 0 6.3�10.I8R 14.707.G3:� 14.707.633 17.A64.1 73 17.864,173 i. I A3,G48
Solid Waste/Recvcling 17i.31R 0 173.319 40R.732 40R.732 a89234 4R9.234 92.R17
Special CuntracUStudies 272.788 2�2.7R4 272JRR 272.7R8
f�lotel/Nlc'riel LodgingTa� 194.145 0 194,145 IRG.750 186J50 380,�i9i 3RQ,R95 0
2'% for the nrts 293 293 293 293
Federai Wav Comm. C'enter 9R4 0 98a 2.G06.849 (188.0G4) 2,41 R,785 2.184,R59 (13A00) ?J 71.R�9 24�.910
Traftic Safetv 135,R 19 0 135,g l9 580,000 580,000 SR0,000 �0.000 G30,000 85.R 19
Grants-CDBG 455,849 845,816 1,301,665 455,R49 R4S,81G 1.301,66$
Paths a�ld Trails 193.196 0 193,196 158,420 158.420 224A00 224,000 I 2Z61 G
Debt Ser'vice FunJ 1,763,667 (0) 1,763,667 2,504,038 75,000 2,579,038 1,503,3R4 7�,000 I.j7R,3R4 2J64.321
Capital Pro,ject FunJs:
Do�vnto����n Redevetopment 6.615.42(i 0 6.615,42G G00_000 600.000 7.215,425 7.215.42i I
City F�cilities 1,552,7R9 0 1,5.52,789 1,700 530.000 531,700 1.293.700 S�O,gSO I.R44.250 24(1,239
Parks 4.�71.295 4.571.295 3.594A00 35.0p0 3.629.000 7.102.895 (A�,OQO) 7.017.895 I.IR2.400
SWM 4.71 i.793 4.715.793 155,419 182.000 33�.�! 19 i,33�.121 690.70� 4.02>.826 1.027.386
Stree[c 13.512.6R0 13.512.GR0 24.253.603 3.209.67R 27.4j9,2R1 33J7R.460 3.291.492 37AG9.9i2 i.902.009
F.nterprisr I'und:
S urf'accWaterM anagement 6�,27� (0) 65.27i 3.331,189 �11.433 3.842.G22 3.37i.as3 600 3.372.083 5;5.814
Dinnas B<iY' C enter 224.R3 (0) 224.832 R22.�)42 (50,876) 772.OGG i.oa�.��a (SO. R761 996.K9R (0)
Internal Servicc Funds:
Risk Mtutagement 5,354.870 0 5,354,870 776,4.56 776,456 6RS,356 6g5,356 :i,a45,970
Infbrmation Svstems 2.970.24R (0) 2,970.247 2.144.947 2R,000 2,172.947 2.23j.620 28A00 2.263,620 2.R79.574
Support Serviees 260.797 0 260,797 201,845 201,845 14A.256 14R.25G 314,38h
fleet&F.quipment 3,291,R10 0 3.291,R10 2.135,44R (I5,000) 2,120,44R 1,39R.2.50 4,334 1.402,SR4 4.Q09.67a
Quildin�.s&Purnishings 1.170,285 (0) I,170.?$5 466,319 4GG.319 440,828 440,82R I,195,77G
Tota/AllFunds 39,505,214 S 1 $59,505,215 110,047,920 6,D35,/37' $/T6,083;05/ $136,OO.S,915 6,147,843 $142,133,770 3.4,434,495
Orclinance No.09- Puge 6 qf 7
Rev 10/09
EXHIBIT B(2) 2010 REVISED BUDGET
Beginning Fund Balancr Revenue Expendrture EndinR
Fund PrZorAmount Adjustment Revised Pri�rAmount 'AdJuaYment Revised PriorAmnunt AdJuslraent Revised FundBalance
i
Gener;�l Fund 5_G12.199 R6.934 �,G99,133 40.SA8J19 28,277 40.G16.996 41.430.20G 161.197 R 41.i91.403 4J24.72G
Special Revenue Funds:
Strcet IOQ000 (0) 100.000 4.61R.930 54.73R 4.673�.G6A 4.G1R.930 S4.7iR 4.G73.G68 100.000
�nrteritalStrcet 400.000 I 400.OQ1 I.00OA00 I.000.000 1.400.OQ0 1.400.OQ0 I
Utility "�u� 3.400.332 (21G.6R4) 3.IR3.C� I�3.OR3.R01 14.OR3.R01 12.43d.833 12434.833 4.R32.616
Sc�lid Wastc/f2ecycling 92.816 T (0) �92.R16 416.854 41Ci.R54 502.40> .�p5 7.265
Special C��ntract/Studics
liotel/M ��tel I.,odging Tax 0 0 I 182.500 I A2.�Q0 182.>00 I R2.>00 I
2°/� Ibr the Arts
Pedcral W1v C'ontnt. Cente� Sd6.28> (298.375) 24Z910 2.617.3R9 I SK.064); 2.429.32i 2.123.G26 13.00Q��� 2.1 10.626 >66.G09
,_r_....___�._
�_._W._._._.
Traf�ticSa 13�_A19 (j0.000)I 85.R1) SROAOb 580.000 jR0.000 SS0.000 R5.R19
Grants C'DF3(i 459.931 459.931 459.931 452931
m________._._
ths nd l� s i
..............._a....._. a i�iil __...�._...__._.....�........a..-... 160.65R IGI.000 161.Q00 127.274
DcbtSci��cc fund 2JG4.320 1�_ I.R75.033 I.R7S.p33 3.133.R05 3.133.R05 1.�05,5:�9
Capital Pro,ject Funds:
Down ot��i °v
i ReJc, el< pment I 1 G00.000 600.000 SR6.1 16 >86.1 16 13.R85
.M
C'ity I�acilities 2G0.7R9 (20.550) 240.239 IJ00 1.700 241.939
T LOG2.400 120A00 1.182.400 i45.000 (i4.000)( 491.000 120.000 974.0
SWM I.S3G,091 (SORJ05) I.027.3R6 23.419 i 23.419 R23.657 R23.GS7 227.148
Streets 3.9R7.A23 (Ri.RI4) 3.902.009 2.130.000 2.130.000 5.615.000 i.61i.OQ0 417.OU9
_._..�_.m....____._........_....
Enterprise Fund:
SurtaceWaterManagement 24,981 �10.833 535,814 3.3G6.044 5p,p00 3.4IC,044 3.3R9.30R 54.>00 3.443.80R Sq8.050
`Dumus Be�y Center 0 (0) (0) 850.>3G (114_518) 736.018 847.245 (I IS.313) 731.932 4.OR5
Intcrnal Seivice Funds:
Risk M anagement 5.445.970 Q S,445.970 �776.45G 776.456 M 685.�356 6R5.356 5.537.070
intbrmation Sy stems 2.879.57$ i) 2.879.574 2.233.410 (4.299) 2.229.I I I 2. I44.017 I0.299) 2. I33.71 R 2,974.967
Su ort Services 314.386 3 5
314._ 8G 201.84. I 201.845 14A.25G 148.2>6 367.975
........_...nn__.......�,..�_....._�.._.._..�._._...._._.._.�_....__..._.____�_
m Fleet Gyuipment rv 4.029.007 (19.333) 4.009.G74 2.120.969 1.684) 2.1 19.2R5 1.551.273 ry 1.6A4 1.549.>R9 4.579.370
MW Buildings c�c Furnishings �I.I�)5.777 I) 1.195.77G 542.594 (4.160) 538.434 443.G94 (4.IG0) ���439.534 1.294.G76
TofalA!! Funds 33,916,186 (481,69/) $33,434,495 79,975,788 (233,710) $79,742,078 84,115,758 24.5,979 $84,361,137 28,815,436
Ordinance No.09- Pagc 7 nf 7
Rev 10/09
COUNCIL MEETING DATE: November 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
Su�c1': 2009 Asphalt Overlay Project Final Acceptance
POLICY QUES1'ION Should the Council accept the 2009 Asphalt Overlay Project constructed by Tucci and Sons,
Inc. as complete?
ITEM
COMrIITTEE: Land Use/Transportation
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE November 2, 2009
Pablic Hearing
Other
STAFF REPORT BY: Marwan Salloum, P.E., De u Public Works Directo��DEP'r: Public Works
Attachments: LUTC memo dated November 2, 2009
Options Considered:
1. Authorize final acceptance of the 2009 Asphalt Overlay Project constructed by Tucci and Sons,
Inc., in the amount of $1,875,890.27 as complete.
2. Do not authorize final accepta.nce of the completed 2009 Asphalt Overlay Project constructed by
Tucci and Sons, Inc. as complete and provide direction to staff.
STAFF RECOMNNIENDATION Staff recommends Option 1 be forwarded to the November 17, 2009 Council Consent
Agenda for approval. A
r�� __L��
CITY MANAGER APPROVAL: G�'� Q �j DIRECTOR APPROVAL:
committee Council Committa Couocil
PROPOSED COUNCIL MOTION "I move �roval of final acceptance of the 2009 Asphalt Overlay
constructed by Tucci and Sons, Inc., in the amount of $1,875,890.27 as complete.
(BELOW TO BE COMPLETED BY CITYCLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED i readiog
TABLED/DEFERRED/NO ACTION Enactment resding
MOVED TO SECOND READING (ordinances onlyJ ORDINANCE
REVISED 02/06l2006 RESOLUTION
CONINIITTEE RECOMMENDATION Forward Option 1 on the November 17, 2009 Council Consent Agenda for
approval.
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 2, 2009
TO: Land Use and Transportation Committee.
VIA: Brian Wilson, Interim City Manager
FROM• Marwan Salloum, P.E., Deputy Public Works Director
Jeff Huynh, Street Systems Engineer
SUBJECT: 2009 Asphalt Overlay Project Project Acceptance and Retainage Release
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The above-referenced contract with Tucci and Sons, Inc. is complete. The final
construction contract amount is $1,875,890. T'his is $46,252 below the $1,922,142 (including
contingency) budget that was approved by the City Council on March 3, 2009.
cc: Project File
Central File
K:\LUTC�2009\I1-02-09 2009 Asphalt Overlay project- Project Accepta�ce.doc
COUNCIL MFETING DATE: November 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUBJECT: COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT
POLICY QUESTION Should the Council approve the Community Center Pool Chemical Goods and Services
Amendmerat?
COMMITTEE: PRHSPS
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE: November 10, 2009
Public Hearing
Other
STAFF REPORT BY: CRAIG FELDMAN Community Center Aquatics Coordinator. DEPT: PRCS
The aquatics components at the Federal Way Community Center require chemicals to disinfect and balance the
water. Chemicals are administered through an automated delivery system and as attendance increases, the
chemical load increases. Actua12009 bather loads have exceeded estimates which necessitated the purchasing of
more pool disinfectant than was originally anticipated. 'The new projected cost for the balance of 2009 for these
goods and services is $36,000.00, which is an increase of $6,000.00 over the original contract. As the contractor
believes there will be no increase to the unit price of their products, the anticipated cost for their Goods and
Services for 2010 is $36,000.00. The total for the amended contract is $72,000.00
Orca Pacific submitted the lowest per unit quote. This quote includes delivery, technical support and parts for
automated chemical delivery systems.
Attachments: Staff Report, Proposed Contract
Options Considered:
1. Approve the Community Center Pool Chemical Goods and Services Amendment
2. Decline the Communitv Center Pool Chemical Goods and Services Amendment
STAFF RECOMMENDATION Staff recommends Council ap�ro� al of Option 1.
f 1 S i'^'
CITY MANAGER APPROVAT.,: Y_} �/Y� w�I DII2ECTOR APPROVAL'
to Comcnittee to Council to Committee To Council
v PROPOSED COUNCIL MOTION `7 move approval of an amendment to the contract with ORCA Pacific Inc. and
authorize the Interim City Manager to execute an agreement for the supply and delivery of Pool Chemicals at the
Federal Way Community Center. Total amount of the contract is $72,OOQ.00"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COLrNCIL BILL
DENIED 1 reading
TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances onlyJ ORDINANCE
REVISED 02/06/2006 RESOLUTION
COMMITTEE RECOMMENDATION:
CITY OF
Federal Way
PARKS, RECREATION AND CULTURAL SERVICES
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
FROM:
VIA:
SUBJECT:
November 9, 2009
Parks, Recreation, Human Services Pubiic Safety Committee
Craig Feldman, Aquatics Coordinator
Brian Wilson, Interim City Manager
Pool Chemical Quotes
Quotes were submitted from three vendors. The quote provided is a per unit cost and staff
anticipate amount needed based on previous year's chemical use, anticipated attendance and
expected price increase for chemicals. The cost of items per unit'is as follows:
Orca Pacific:
Liquid Chlorine 55 gallon carboy
Buffered Muriatic Acid 15 gallon carboy
Buffered Muriatic Acid 1 gallon bottles
Sodium Bicarbonate 50 Ib bag
Calcium Chloride 50 Ib bag
Dry Chlorine 100 Ib bucket
Freight Shipping
Aqua Quip:
Liquid Chlorine 50 gallon Carboy
Buffered Muriatic Acid -15 gallon Carboy
Buffered Muriatic Acid 1 gallon bottles
Sodium Bicarbonate 50 Ib bag
Calcium Chloride 50 Ib bag
Dry Chlorine 25 Ib bucket
Freight Shipping
Aqua Rec's Swimming Hole and Fireplace Shop:
Liquid Chlorine 53 gallon carboy
Buffered Muriatic Acid —15 gallon carboy
Buffered Muriatic Acid -1 gallon bottles
Sodium Bicarbonate 50 Ib bag
Calcium Chloride 50 Ib bag
Dry Chlorine 100 Ib bucket
Freight Shipping
$119.85
$69.05
$6.60
$19.95
$22.95
$205.57
No charge
$179.10
$89.99
Not available
$53.10
$41.40
$89.99
No charge
$289.99
$105.99
Not available
$47.99
$42.99
$499.00
$100.00
e�T� a� �E'rY ��L�
3�3^5 c«t1� �l�enue Sauth PCJ Bc��: �7t�
�2d�ral t;°:a}t �r4�r ��ti;63-9?18
;5s� o.�� {CC}0
....t.c.�et''� �f�£€�txL7i-a-Ct?i
AMENDMENT NO. I
TO
GOODS AND SERVICES AGREEMENT
FOR
COMMUNITY CENTER POOL CHEMICALS
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corparation ("City"), and ORCA Pacific, Inc, a Washington Crporation, ("Contractor"). The City and Contractar
(together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original
Agreement for Goods and Services, ("Agreement") dated effective 2 Day Of January 2009, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 2010 ("Amended Term").
2 AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B- l", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate ch�arged by it for its services contracted for herein sha11 remain locked
at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise
provided in an attached E�ibit, the Contractor shall be solely responsible for the payment of any taxes imposed by
any lawful jurisdiction as a result of the performance and payment of this Agreement.
3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 14 of the Agreement shali apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT 1 10/13/09
'1�
CiTY Hr�L�
33�iJ "Q��'1 .�°i�(1L:c� :70Lb��1 �Q)' �t� 3 .'�i
�$6�8C81�.�i �1�'ri: �"Oti��J'����t�
t;�53t &35-7flt70
:>�1t t c';tt��t !�'t t';�;�} �.r3r<,
IN WIT`NESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
Brian Wilson, Interim City Manager
ATTEST:
City Clerk, Carol McNeilly, CMC
DATE:
ORCA PACIFIC, INC.
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON
ss.
COUNTY OF
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corpora.tion, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
200
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT 2 10/13/09
Clt� �ITY H�LL
�r�� 333�5 8tit .�renu2� Sa�jth Pfl €�ox 971�
#I Federal �;�a�. �1�1� �3s;63-�?18
t253} 83�-7tIQ0
��;''t r ti I['lt�i �E' �+�fz�i i i'z34 t 3J: ?'s
EXHIBIT B-#
ADDITIONAL COMPENSATION
1, Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional
amount not to exceed Forty Two Thousand and 00/100 Dollars ($42,000.00). The total amount payable to
Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount
not to exceed Seventy Two Thousand and 00/100 Dollars ($72,000.00).
AMENDMENT 4 10/13/09
COUNCIL MEE I'ING DATE Nov 17, 2009
ITEM G
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FISHER POND BUILDING DEMOLITION
POLICY QUEST�o1v Should the Ciry accept the demolition bid and authorize the Interim Ciry Manager to enter
into a contract with the successful bidder?
COMMITTEE: PRHSPS
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE: Nov 10, 2009
Public Hearing
Other:
STAFF REPORT BY: Ste hen Ikerd Parks Facilities Man er DEPT PRCS
History: The Historical Society moved out of the Fisher Pond house in June of 2009, and since then it's been vacant.
Federal Way Police have used it for some training purposes. The house has been experiencing vandalism and is currently
boarded up. Due to the isolated setting, poor condition and infrastructure; it is recommended that the buildings be
properly demolished and the site graded and seeded.
Bid Result: 11 companies from the Small Works Roster were invited to bid and 3 responded. William Dickson was the
lowest responsive bidder and has performed other similar work for the Federal Way Community Development
Department.
William Dickson Construction -$20,326.00 +1930.97 tax total bid amt $22,256.97
Rush Commercial Construction -$23,590.00 2241.05 tax total bid amt $25,831.05
Hoffman Construction $28,221.00 2167.99 tax total bid amt $30,388.99
This project will be funded out of a CIP account for Majar Facility Rehabilitation. The current balance is: $119,923.00
22,256.97 demolition bid amount
2,225.00 10% contingency
$24,481.97 total pay out authority; leaving a remaining CIP balance of $95,441.03
O tions Considered: #1 Do demolish the Fisher Pond buildin s #2 Do not demolish the buildings
.P
STAFF RECOMMET'DATION Staff recommends Council accept the bid from William Dickson �onstruction and authorize
the Interim City Manager to execute a contract for demolition in the amount of $22,256.97 plus 10% contingency for a total
amount of $24,481.97
CITYMANAGERAPPROVAL: QI�IlM ��U�J�S DIRECTORAPPROVAL: Ca�6�
to Committee to Council to Committee To Council
PROPOSED COUNCIL MOTION "1 move approval to accept the demolition bicl from Yt�am Dickson Construction and
authorize the Interim City Manager to execute a contract for services in the amount of $22,256.97 plus 10% contingency
for a total amount of $24,481.97
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNC'IL BlLI,
DENIED 1 reuding
TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02/06/2006 RESOLUTION
COMMITTEE RECOMMENDATION:
COUNCIL MEETING DATE: November 17, 2009
ITEM
SUB.TECT: Federal Way Community Center Agreement to Use as Dormitory Shelter
PoL�CY QuEST�oN: Should the City of Federal Way enter into an agreement with the American Red Cross,
allowing the Federal Way Community Center to be used as a dormitory shelter in times of emergency?
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
COMMITTEE Parks, Recreation, Human Services and Public Safety
Committee
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEET�1vG DATE: November 10, 2009
Public Hearing
Other
STAFF REPORT BY: Ra�Gross, Emer�ency Management Coordinator DEPT: Public Works
Attachments: Memorandum to Parks, Recreation, Human Services and Public Safety Committee dated
November 10, 2009.
Options Considered:
1) Enter into an agreement with the American Red Cross, allowing the Federal Way Community Center to
be placed on the list far use as a possible dormitory shelter in times of emergency.
2) Do not enter into an agreement with the American Red Goss and provide direction to staff.
STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the November 17 2009 City Council
Co nsent Agenda f approval.
CITY MANAGER APPROVAL: /1(Jdl WS i1 i3 IRECTOR APPROVAL: iC�
Committee Council Comm�ttee Council
COMMITTEE RECOMMENDATION: Committee recommends forwarding above staff recommendation to the
November 17, 2009 City Council Consent Agenda for approval.
Jeanne Burbid�e, �liair L Mi�Ba�r�c. �ember J�rn Ferrell, Member
PROPOSED COUNCIL MOTION: I move to authorize the City of Federal Wt�y to enter into an agreement with
the American Red Cross, allowing the Federal Way Community Center to be placed on the list for use as a
possible dormitory shelter in times of emergency.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED I reading
TABLED/DEFERRED/NO ACI'ION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED— 02/O6/2006 RESOLUTION
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 10, 2009
TO:
VIA:
FROM:
Parks, Recreation, Human Services and Public Safety Committee
Brian Wilson, Interim City Manager
Ray Gross, Emergency Management Coordirrator�j
SUBJECT: Federal Way Community Center Agreement toUse as Dormitory Shelter
BACKGROUND:
In January of 2009, information was learned from the Army Corps of Engipeers, that a potential problem
with the Howard Hanson Dam could result in significant flooding of the Green River Valley until repairs
are made. If this flooding were to happen it has been projected that a large number of the evacuated
Green River Valley population will need temporary sheltering.
The Valley Cities, King County and the American Red Cross have been working on several sheltering
models and plans over the year. One plan is to have a mega dormitory shelter located at one of the large
facilities in Seattle, such as the Expo Center. As a back up to the mega shelter plan, the American Red
cross would like to have several smaller dormitory shelters that are located on both sides of the Green
River Valley, identified and ready to go.
The American Red Cross has approached the City of Federal Way requesting to enter into an agreement
(attached) with the City concerning the use of the Federal Way Community Center as a possible
dormitory shelter. The American Red Cross as part of the agreement would have to ask the City of
Federal Way for use of the Federal Way Community Center, of which, the City would have the ability to
deny use of the facility. Also as part of the agreement between the American Red Cross and the City of
Federal Way, the City would be able to invoice the American Red Cross the Community Center daily
$5,750 operating cost, regardless of if the emergency gets a Washington State or Presidential Declaration
of Emergency.
cc: Project File
Day File
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American Red Cross Serving
King and Kitsap
Seattle Office Bremerton Office
PO Box 3097 PO Box 499
Seattle, WA 98114 Bremerton, WA 98337
Location: 1900 25�' Ave S Location: 811 Pacific Ave
Te1:206-323-2345 Tel: 360-377-3761
Fax:206-325-8211 Fax:360-792-0498
Becoming a Red Cross Disaster Facility
Disasters can be widespread: earthquake. or local: apartment fire, flooding, brushfire...
On average, every 36 hours our Red Cross chapter is contacted to help people displaced from their homes by fire and natural
disasters. Several times each year a disaster facility must be opened when multiple families aze affected.
Common Questions on the Use of Facilities in a Disaster
What could my facility be used for?
Depending on the disaster, the Red Cross may request a facility for use as a shelter, service center, field kitchen, headquarters,
warehouse, or other disaster response need. Using a facility for a shelter is by far the most common need.
Who sets up the facility? Who supplies the cots, blankets, meals and workers?
The Red Cross brings materials and trained staff and volunteers to setup, run and close the facility. The Red Cross provides
snacks, drinks and meals. For large disasters, the National Red Cross sends additional supplies and workers.
What type of building makes a good Red Cross facility?
The Red Cross prefers a facility with a large multipurpose room or gym, a kitchen, easy disability access, and separate male
and female restrooms. A dining area next to the kitchen and sleeping area, showers and laundry areas, are a plus. If a facility
does not have a generator it will not be precluded from use as a Red Cross Facility.
Does someone from my facility have to be there all the time?
The Red Cross does not require that you have someone at the facility, but the facility owner or management may.
May our people help in a shelter?
Under ihe direction of the Red Cross shelter manager, your staff is welcome to volunteer.
How does the Red Cross maintain control of the people in the facility?
The Red Cross posts and enforces rules: No pets, weapons, smoking, drinking, etc. People must check in and out.
If the facility is used as a shelter, the Red Cross will ha�e at least two trained shelter workers onsite at all times with
cell phones. If security is an issue, the Red Cross calls the police or contracts with a security company (very rare).
Does the Red Cross have insurance?
The Red Cross insurance covers damage resulting from a facility's operation. The details aze available upon request ina
Memorandum of Insurance. Once a facility opens, an official Certificate of Insurance can be requested; it will be sent by the
National Red Cross Headquarters in about two days.
Who pays the costs?
To be frugal with donated money the Red Cross looks for facility owners to donate the use of their facility. The RedCross
may pay for certain extra costs that occur due to the Red Cross' use, such as extra trash removal.
How long is a facility open?
Commonly a King County shelter is open no more than three or four nights; but in a lazge disaster this could extend to several
weeks. This longer duration is often the case for service centers, field kitchens, headquarters, warehouses, etc.
Does the Red Cross need my entire building?
The facility is usually confined to several rooms; making it easier to control. You will work with a Red Cross facilityliaison
to decide which rooms, entry points, and parking areas that the Red Cross may use.
What if my facility is too busy or not available to be used when the Red C�oss ca/ls us?
You are under no obligation. The Red Cross understands that your facility may not be available; thaYs why we strive tohave
numerous facilities on our list. When a facility is needed, the Red Cross contacts several facilities, asking whichmight be
available, and chooses the one that is the best fit for responding to the disaster.
How will the information about facilities and contacts be used?
The Red Cross only reveals the name and address of Open shelters and service centers to the public or media. Your contacts
and phone numbers will not be released. We may supply government emergency managers with the list of potential
facilities in their area, with their written agreement that the list is con�idential and may not be made public.
Become a Red Cross disaster facility
Contact American Red Cross serving King and Kitsap Counties 206-323-2345
Ask for Emergency Services concerning facility agreements.
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American
Red Cross
Together, we can save a tife
Statement of Agreement
For Use ofFacility
This Agreement is made and entered into between the governing board of
(school district, church, other organization) of Counry, state of Washington, and the American Red
Cross serving King and Kitsap Counties, chapter of The American National Red Cross (Red Cross), collectively "the
Parties."
Recitals
Pursuant to the terms of federal statutes, the Red Cross provides emergency services on behalf of individuals and
families who are victims of disaster.
(Official) is authorized to permit the Red Cross to use
(school district, church, other organization)'s buildings,
grounds and/or equipment required in the conduct of Red Cross disaster services activities, and wishes to cooperate
with the Red Cross for such purposes.
The Parties hereto mutually desire to reach an understanding that will result in making the aforesaid facilities of
(school district, church, other organization) available to the Red Cross for the
aforesaid use.
Now, therefore, it is mutually agreed between the Parties as follows:
1. The (school district, church, other organization) agrees that, after meeting its
responsibilities to its pupil/parishioners/members/clients, it will permit, to the extent of its ability and upon request
by the Red Cross, the use of its physical facilities by the Red Cross for disasters victims.
2. The Red Cross agrees that it shall use reasonable care in the conduct of its activities in such facilities.
3. The Red Cross and (school district, church, other organization) agree to provide
to each other, and update yearly, the point of contact information with each other by providing written notice, hand
delivered or mailed to the parties at their respective addresses set forth be}ow, or at such other address of which
either party shall notify the other in accordance with the provisions hereof.
To: American Red Cross To:
Serving King and Kitsap Counties
Disaster Services—Logistics MSS
PO Box 3097
Seattle, WA 98114-3097
(Location: 1900 25` Ave S) Atm:
4. At the time of a disaster, for each use of the facility, the parties agree to execute a Facility Agreement form.
The parties, acting through their duly authorized officers, have executed this Contract as of the Effeetive Date.
American Red Cross
Serving King and Kitsap Counties
o,-gan,Zar;on Chapter of the American National Red Cross
Signature ofResponsible Authoriry/President.iGovernrng Boo�d
Print Name
TiHe
EJJ'ecdve Date Phone Number
Signature of Red Cross Disaster Operations Authority
Print Name
Title
Date
This Statement ofAgreement is valid until terminated in writing by eitherparty
American Red Cross
Facility Agreement
DR#:
Facility:
and/or Name of Disaster:
This agreement is made and entered into between ("Owner/Operator")
and the [Chapter ofJ The American National Red Cross (collectively "the Parties")
in order to provide physical facilities to support American Red Cross relief efforts far
[DISASTER RELIEF NUMBER OR NAME OF DISASTER].
A. As such, OwnerlOperator agrees to:
1. Provide facilities, approximately square feet, known as
[OR IF USING A PORTION OF BUILDING CLEARLY INDICATE SPACE
PARAMETERS YOU WILL BE USiNG, ADD ATTACHMENT IF NECESSARY],
located at (City) (State) (Zip)
("Facility/Property") for the sum of $0.00 or per day/weeklmonth, beginning on
for a period of days/weeks/months ("Term").
The Parties may extend the term by mutual agreement. Owner/Operator agrees to provide the
Red Cross with days prior written notice should Owner/Operator need to terminate this
Agreement for any reason.
2. Provide support to access appropriate telecommunications resources. The instalIation,
maintenance and removal costs of radios, telephones and related automation equipment will
be borne by the American Red Cross, unless specified otherwise:
3. Provide support to access utilities and other resources. Indicate which party will be
responsible for the cost of the following utilities, on a prorated basis, for utilities actually used
during the Term:
Water: Electricity:_
Furnishings: Other:
'These/other costs are further specified as:_
Gas:
A separate agreement must be executed between the Parties for use and or reimbursement for
any other OwnerlOperator services, including, but not limited to, personnel.
B. Red Cross agrees:
The Facility/Property will be returned to the Owner/Operator in the same condition as it was
when occupied/acquired. Normal wear and tear is considered to be the responsibility of the
Owner/Operator.
Original to American Red Gross file Copy to Owner/Operator page 1 of 2 American Red Cross F6621 (King-Kitsap version 2/28/2007)
American Red Cross
Facility Agreement
2• The [Chapter of 1 The American National Red Cross agrees to
defend, hold harmless and indemnify the Owner/Operator against any Iegal liability in respect
to bodily injury, death and property damage to the extent arising from the sole negligence of
the said Chapter during its use under this Ageement of the property belong to the
Owner/Operator.
C. Both Parties agree to the following:
1. No modifications or changes will be made to the Facility/Property by the Red Cross
without the express written approval of the Owner/Operator.
2. Prior to occupancy, representatives of both Parties will inspect the Faci�ity/Property and
will note any discrepancies and/or concerns on the inspection form attached to this
Agreement as Attachment 1("Facility Survey").
3. Prior to vacating the Facility/Property, representatives of both Parties will again inspect
the Facility/Property to note any discrepancies and/or concerns on the release form
attached to this Agreement as Attachment 2("Release of Facility). Normal wear and tear
is considered to be the responsibility of the Owner/Operator.
4. Prior to occupancy, representatives of both Parties will document the food and supplies
inventory.
5. Prior to vacating the facility, representatives of both Parties will document the food and
supplies used by the Red Cross. The Red Cross agrees to replace and/or reimburse
for any foods or suppIies that may be used by the Red
Cross in the conduct of its relief activities in said Facility/Property.
6. Other provisions as folloWs:
[FOR EXAMPLE, PARKING, ADA]
7. The American National Red Cross is a tax-exempt organization and generally is not
subject to federal, state or local taxes.
8. Contact persons/agents for both Parties are identified as follows. Additional contact
information may be included on a separate page and attached to this agreement:
Red Cross Representative:
Organization/Owner/Operator:
Phone:
Phone:
The Parties, acting through their duly authorized officers, have executed this �greement on the date, below.
The Chapter of
The American National Red Cross
BY� Date: By: Date:
Print Name: Print Name•
Title• Title:
Original to American Red Cross file Copy to OwnedOperator page 2 of 2 America� Red Cross F6621 (King-Kitsap ve�sion 2/28/2007)
Shelter Facilitv Surv
Dlrections Send To: King Counry: American Red Cross serving King and Kitsap Counties
Please print. Complete as thoroughly as possible. EmergenCy ServiCes—Logistics MSS
lnsert "unknown" "none'' or "N/,4" if not applicable. p0 Bog 3097
Seattle, WA 98114-3097
Telephone numbers shoutd include area codes. West Sound: American Red Cross serving King and Kitsap Counties
Add explanations at end of form or attach extra sheets. Emergency Services
For assis�ance e-mail logistics@seattleredcross.org or call: PO Box 499
King Counry: 206-720-5296 West Sound: 360-377-3761 Bremerton, WA 98337
Facility Information
Facility Name:
Goveming Agency (such as school district for a school):
Facility Street Address:
City:
Mailing Address (if different):
GPS Location: Latitude:
Facility Main Phone Number:
Longitude:
County:
L,J Roadmm�er
Map Locator: Thomas Guide Page:
Facility E-mail:
Grid:
Faci]ity W ebsite URL:
Facility Contacts Please include at least trvo contacts »�ith after hours numbers.
To autf�orize facility use, call: To open facility, cail: Alternate contact to open facility, calt:
Name
Title I
Daytime phone num er I
A er-hours/emergency p one/pager number I
Otlrer a ter- our contact num er
Contact emai a ress
Name
Tit e I
Davtime phone number I
A ter-hours/emergency p one pager number I
Other a ter- our corrtact num er I
Contact emai a ress j
Name
it e
aytime p one number
A ter- ours emergency p one pager num r
ther a ter- our contact num er
ontact emai a ress
Survey Completed By:
Printed Name itle ate omp ete
Potential Sleeping Areas Only /ist rooms that you may allow to be used for dormitory-sryle sleeping areas with cots.
Large Room T}pes: Gym, Indoor Tennis Court, Multipurpose Room, Cafeteria, Meeti»g Room, Studios, Ctassroom, etc.
Size: List the approximate usable sguare footage. (A 1000 sq.ft. room with 200 sq.jt of displav cases is listed as 800 sq.ftJ.
Large Room Type (sleeping area) Room Name 1 Number Size (sa.frl CommentslFire Code Caoacitv/Floor Tvoe (w�nod. camet..l
State: WA Zip Code:
American Red Cross sen�ing King and Kitsap Counties version 1-06 of National Amerecan Red Cross form 6564, rev 12-0I
Specialized Rooms Only check the rooms and equipment that you may allow to be used.
Room Type Description Comments/Limita6ons
Restroom Number Sinks Number ToiletslUrinals Number Showers
Showers Total ADA Totai ADA Total ADA i
Men's
Women's
Unisex/Famity
Clinic (Such as, a school Nurse's D�ce) Number of Beds:
Laundry Number of Washers: Number of Dryers:
Kitchen �YPe� Fu11 commercial kitchen (large profession kitchen and appliances)
Full residential kitchen (kitchen with full-size home appiiances)
Warn►ing kitchen (used to store and reheat food made off=site)
Partial kitchen
Equipment: Oven Warming Oven Refrigerator Sink
Grill Microwave Oven Freezer Dish Washer
Stove: Number of Burners: Gas Electric
Eating TYPe� Snack/Break Room Seating Capacity:
Cafeteria Seating Capacity:
Other: Seating Capac
Limitations on Facility Use
Is facility available year-round? �Yes ONo Are areas to be used for shelter ADA accessible? �Yes ❑No
If No, list date restrictions: If No, list non-compliances:
Facility is in an area designated as:
❑In a flood plain: ❑100-year event. ❑500-year event.
❑In an evacuation zone. For:
Are some operations reqnired to be performed by facility union or Other availabiliry restrictions or limitations for use? DYes �No
contractor staff (such as food preparation)? ❑Yes �No If Yes, list:
If Yes, list:
Facilitv and Grounds
Facility Construction
�Wood Frame ❑Concrete ❑Brick ❑Metal �Prefabricated
❑Other: Number of stories:
year(s) of
Athletie fie)d(s): Number.
Athletic court(s): Number:
Is the facility securable (fenced).
Parking and Public Transportation
Number of parking spaces:
Is the facilitv near a bus route?
Total Size: sq:ft.
Total Size: sq.ft.
❑Yes �No
Itilitipc
Handicapped spaces:
Fire Safety
Does the facility have fire sprinklers? ❑Yes �No
Does the facility have fire alarm? �Yes ONo
Does the facility have smoke/fire detectors? �Yes �No
Potential Sleeping Areas (gymnasiums, mu(tipurpose rooms etc.)
Are there windows in potential sleeping areas? �Yes �No
If Yes, are the windows safety glass? ❑Y�s DIVo
If Yes, are there window covers/blinds? ❑Yes �No
Facilit�r layout
�Attach a Facility Floor Plan (may be a simple drawing), label rooms
(gymnasium, multipurpose, kitchen, etc.) that can be used.
7ypelDescription Comments
Electricity Backup generator? ❑Yes ❑No Powers entire facility? ❑Yes �No
Gas Type: �Natural Gas �Propane Source: �Municipal ❑Tank
Water �Type: �Munieipal Water �Wel) �Other:
Sanitation Type: �Municipal Sewer ❑Septic System ❑Other:
Telephones �Payphones? �Yes ❑No
Trash Colleetion Trash dumpster? ❑Yes �No
ane� i L�st:
Additional Information
2 orz
COUNCIL MEETING DATE: November 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
MEETING DATE: November 10,
2009
5us.�cT: Services Agreement for The Commons at Federal Way Police Services
POLICY QUESTION Should the City of Federal Way, Federal Way Police Department allow ratification of the
Service Agreement between the City Of Federal Way and Steadfast Commons II, LLC for police services at The
Commons Federal Way for the term on January 1, 2010 to December 31, 2010?
COMIVIITTEE Parks, Recrearion, Human Services and Public Safety
Council Committee (PRHS&PS)
CATEGORY:
Consent
Ordinance
City Council Business
Resolution
STAFF REPORT BY: SANDY TUDOR, LIEUTENANT
Attachments:
1. PRHS&PS Memo
2. The Commons at Federal Way Police Service Agreement
Options Considered:
1. Accept The Commons Agreement
2. Reject Agreement
Public Hearing
Other
ITEM
DEPT Police Department
STAFF RECONIlVI�NDATION Staff recommends Option 1- to enhance safery an secu riry at t he Mall
CITY MANAGER APPROVAL: ��✓'l1�
Committee
APPROVAL:
Co�
a..x p 2 �°9
co,�a�i
JPROPOSED COUNCII. MOTION "I move approval of entering into the Servic�s/Agreement with Steadfast
Commons II, LLC for Police Services for The Commons at Federal Way and authorize Interim City Manager
Brian Wilson to sign such Agreement. "'M� }e�� f-1� 5 ��°r �p�,� Z°)
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPRO VED COUNCIL BILL
DENIED 13T reading
TABLED/DEFERR�D/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02/06/2006 RESOLiTl'ION
COMMITTEE RECONIMENDATION: PRHR&PS recommends Option
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 10, 2009
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, Interim City Manager
FROM: Andy Hwang, Acting Chief of Police
SUBJECT: Acceptance of the Interlocal Agreement Between the City of Federal Way and the
Commons Ma11 Management Company.
Back�round
Officers who are assigned to work at the Commons Ma11 are commissioned police of�icers
providing full law enforcement and security services for the Commons Mall property. The Ma11
Resource Officers provide the opportunity for increased safety and security for patrons and
businesses which enhances the environment for greater commerce, increases public perception of
safety, and broadens our outreach and visibility in the community.
The original Commons Mall agreement was first set in 1999 and has been renewed by both parties
each year. The term of this Interlocal Agreement is for one year, commencing January 1, 2010.
Thereafter, this Agreement sha11 come up for renewal again in 2011. This agreement has been
reviewed and approved by the legal departments of both parties and is ready for final signatures.
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SERVICES AGREEMENT
FOR
THE COMMONS AT FEDERAL WAY POLICE SERVICES
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and Steadfast Commons II, LLC, a Delaware limited liability company
("Owner"), owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are
located and do business at the below addresses:
STEADFAST COMMONS Il, LLC: CITY OF FEDERAL WAY:
Lisa Whitney
1928 S. Commons Suite B
Federal Way, WA 98003
253-839-6156 (telephone)
lwhitney@steadfastcompanies. com
The Parties agree as follows:
Andy Hwang, Acting Chief of Police
33325 8�' Ave S
P.O. Box 9718
Federal Way, WA 98063-9718
(253) 253-835-6701 (telephone)
(253) 253-835-6739 (facsimile)
Lvnette. allenna,citvoffederalwav.
1. SERVICES. The City shall perform the services more specifically described in Exlubit "A", attached hereto and
incorporatedby this reference ("Services").
2. TERM. The term of this A�eement shall be for one year coYrnnencing on January 1s`, 2010.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other
party thirty (30) days written notice at its address set forth set forth at the beginning of this Agreement. Either Party may
terminate this Agreement immediately if the other Party defaults or ma.terially breaches the Agreement.
4. COMPENSATION. In return for the Services, the Owner shall pay the City �fty percent of the cost of the
salaries and benefits of each officer assigned to the Property far the time periods that they are assigned there. The numbers
of hours and total rate shall be as set forth in Exhibit "B" attached hereto and incorporated by this reference
("Compensation"). The City shall invoice and the Owner shall remit one twelfth of the total yearly compensation on a
monthly basis. From time to time the Parties shall agree on any adjustment in rates.
5. INDEMNIFICATION.
5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected
officials, officers, employees, agents, representarives, and volunteers harinless from any and all claims, demands, acrions,
suits, causes of acrion, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses,
fines, fees, penalties e�enses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or enrities,
including, without limitation, their respective agents, licensees, or representarives; arising from, resulting from, or in
connecrion with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional
acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or
intentional acts, errors, or omissions.
5.2 Citv Indemnification. The Ciry agrees to release, indemnify, defend and hold the Owner, its officers,
directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands,
acrions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabiliries,
losses, fines, fees, penalties e�cpenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or
SERVI A GREEMEN T
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entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from ar
connected with this Agreement to the extent caused by the negligent or intentional acts, errars, or omissions of the City,
except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errars, or omissions.
5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or ternunation.
6. INSURANCE. The City agrees to carry as a minimum general liability insurance in the amount of at least
$1,000,000 single limit and $2,000,000 aggregate, which includes property liability. City shall provide certificates of
insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at Owner's request, furnish
copies of all insurance policies and with evidence of payment of premiums or fees of such policies. The provisions of this
Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
7. CONFIDENTIALITY. All information regarding the City obtained by Owner in perforn�ance of this Ageement
shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If
the Ciry notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it
is the Owner's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The
Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the
Ciry sent norification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does
not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the Ciry has
notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the Ciry with
that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the
record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the
above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided
under this Agreement or (b) the Owner obligations under this Agreement. The Owner will fully cooperate with the City in
idenrifying and assembling records in case of any public disclosure request.
8. INDEPENDENT CONTRATOR The Parties intend that the City shall be an independent Contractor and that
the Ciry has the ability to control and direct the perforn�ance and details of its work, the Owner being interested only in
the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave,
vacation pay or any other benefit of employment, nor to pay any social security ar other ta7c which may arise as an
incident of employment.
9. GENERAL PROVISIONS.
9.1 Inter�retation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parries with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral ar written, shall be effective for any purpose. Should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Ageement, the tern� of this Agreement shall prevail. The
respective caprions of the Sections of this Agreement are inserted for convenience of reference only and, shall not be
deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is
declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and
such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may
be amended, waived, or modified except by written agreement signed by duly authorized representarives of the Parties.
9.2 Assignment and Bene�ciaries. Neither the Owner nor the City shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If
the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and
effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and
assigns. This Agreement is made and entered into for the sole protecrion and benefit of the Parties hereto. No other
person or entiry shall have any right of action or interest in this Agreement based on any provision set forth herein.
SERVICES A 2
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9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the
beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited
in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail
shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumularive with all other remedies available at law, in equity or
by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this
Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a
waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and
effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such
breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the Ciry's right to declare
another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of
the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement,
the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and
jurisdiction of the King County Superior Court, King Counry, Washington, unless the parties agree in writing to an
alternarive process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its
legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals,
in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be
construed to limit the Parties' rights to indemnification under Section 5 of this Agreement.
9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and
warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the
City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together
and shall constitute one instrument, but in making proof hereof i� shall only be necessary to produce one such counterpart.
The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument
comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon
which the last of a11 of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution"
hereof.
[Signature page follows]
SERVI AGREEMENT 3
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IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
Interim City Manager, Brian Wilson
DATE
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
STEADFAST CONIMONS II, LLC
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON
ss.
COUNTY OF
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of 200_.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission e�ires
SERVI AGRE EMENT 4
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EXHIBIT "A"
SERVICES
2
3
The City will provide to the Property three (3) full time, experienced police officers ("Contract
Officers") to provide security (iri addition to other policy duties) for the Property, its businesses,
tenants, and customers. The Contract Officers will wark in conjunction with private security or
other police agency representatives employed by the Owner at the Property or any of the Property` s
stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property,
including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide
security, visibility, and police services. Contract Officers will lose no benefits, assignment, training,
or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1)
year increments, but may be rotated to address City needs or Owner interests.
The Property will be considered by the City as a mini-beat within the general geographical dispersal
structure of the City, placing it as a section within a regular beat. The regular beat officer, in which
the Property mini-beat exists, will provide presences and response capabilities consistent with
general beat management strategies. The Property's coverage by the regular beat officer will not be
reduced by the presence of the Contract Of�cers or by the use of other police agency representatives
or private security staff or agency representatives in the Property or in individual stores. All
supplemental police services will remain unaffected by the coverage provided for in this Agreement.
During assigned periods, the Contract Officers will respond to police or public safety incidents. If
the matter can be resolved by the Contract Officers expediently, no general assignment or
specialized assignment officers will need to respond. If needed, as determined by the City, other
officers will be dispatched as in the resolution of any similar matter through the City. If the incident
requires extended investigation or follow-up investigation away from the Property, or prisoner
transportation general assignment officers will relieve the Contractor Officers to allow them to
resume the Contract Officer duties as soon as practical.
The City will retain control over the Contract Officers and the Contract Officers will work under the
general and direct supervision of the Federal Way Police Department and the City. The Contract
Officers will work in a full duty status while on duty as in any Police Department duty assignment,
and will adhere to departmental policies and procedures. Contract Officers will be in uniform during
duty hours and will be provided with regularly used police equipment including vehicles and radios.
The City may at its option also provide bicycles, computers, or other equipment.
The Owner may provide office space, a public access kiosk, or other facilities. Property
Management may coordinate the security efforts of the Contract Of�cers on a day-to-da.y basis,
consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that
in the event of a conflict between any direction from the Owner or its agents and the City, the City
direction shall control.
Contract Officer absences due to illness, time off, or training will be replaced by general assignment
police of�cers, to maintain a continuity of coverage, when the absence will result in no Contract
Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit
B Compensation, and may be reduced based on the level of compensation actually provided to the
City. Specific hours of coverage will be established by the City in conjunction with the Property
management.
SERVICES AGREEMENT 5
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COMPENSATION
In 2010 the City will provide the Contract Officers for a total of eleven (11) ten-hour shifts per week. The 2010
rate (50% of the cost to the City) for this coverage is a total of One Hundred and Thirty Seven Thousand, Six
Hundred and Forty Five and No/100 Dollars ($137,645.00) per year or Eleven Thousand Four Hundred and
Seventy and 42/100 Dollars ($11,470.42) per month.
SERVICES AGREEMENT 6
COUNCIL MEETING DATE: November 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
5uB.�ECT: 2010 Diversity Cornmission Work Plan
ITEM
POLICY QUESTION: SHOLJI.D Tf-IE CTi'Y OF FEDERAL WAY ACCEPT THE DIVERSTTY COMMISSION BUSINESS
PLAN FOR 2010?
COMMITTEE: PRHSPS
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
STAFF REPORT BY: LYNNETTE HYNDEN, HLJMAN SERVICES MANAGER
Attachments:
Memarandum to PRHSPS Council Committee October 26, 2009
2010 Diversity Commission Wark Plan.
MEETIlVG DATE: November 10,
2009
0 Public Hearing
Other
DEPT: Community Develapment
Services Department
Options Considered:
1. Recommend approval of the 2010 Diversity Commission Work Plan.
2. Amend and approve the praposed 2010 Diversity Commission Work Plan.
3. Do not recommend approval of the 2010 Diversity Commission Work Plan.
STAFF RECOMMENDATION Option 1 is recommended.
CITY MANAGER APPROVAL: 3 CTOR APPROVAL: vrf
Committee Council Committee Council
COMMITTEE RECOMMENDAT'ION: "I MOVE TO APPROYE OPTION
Committee
PROPOSED COUNCII. MOTION "I move approval of option
Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED 1 reading
TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02/06/2006 RESOLiTi'ION tf
.f{��T,'r,p- rt
�3TY t��
MEMORANDUM
Date: October 26, 2009
From: Lynnette S. Hynden, Human Services Manager
To: PRHSP ouncil Committee
Via: Greg F s, Community Development Services Department Director
Subject: 2010 iversity Commission Work Plan
Back�round
Each year the Diversity Commission develops their yearly work plan during a summer month retreat. This
year will be the Diversity Commission's first yearly work plan that runs consecutively with the budget cycle
and conforms to other city Commissions.
As reported last year, starting in 2010, the Diversity Comrrrission, will begin developing their Work Plan to
commence each January.
At the Commission's August 2009 retreat, they developed and approved the attached proposed 2010
Work Plan. The primary activities of the plan include, but are not limited to, the following:
Make recommendations, whenever necessary, to the City Council to ensure differences are
considered in the decision-making process. By working closely with the City government, the
Diversity commission can continue to promote and support the City's Diversity programs.
Support and develop projects considered community tasks that promote the mission and purpose of
the Diversity Commission such as the Martin Luther King, Jr. annual event, food drive, community
projects and possibly a book drive or other "project" opportunities as they present themselves
during the year.
Conduct outreach and public education efforts within the Federal Way community. Inform the
public, through various means, on the Diversity Commission's mission, purpose and activities in
Federal Way.
The Business Plan is attached for your review
Diversity Commission Recommendations:
On October 10, 2009 the Commission approved sta�s recommendation by adopting the attached Work
Plan.
Staff Recommendation:
Approve the 2010 Diversity Commission Work Plan, Option 1, and forward to the full Council under the
consent agenda for approval at the November 18, 2009 City Council Meeting.
City of Federal Way
Diversity Commission
2010 Work Plan
Purpose: Advises the City Council on policy matters involving the community's
cultural and ethnic differences, ensuring that these differences are considered in the
decision-making process.
Mission: To help Federal Way become a community that is united amidst diversity,
where each individual is respected, equally valued, equally needed, and equally cherished.
Equality is not sameness; it is equivalent value.
Brand Promise: The Diversity Commission is dedicated to helping Federal Way
become a city where all peo,ple have a feeling of belonging and shared community, where
there is equal access to infoi�mation and resources for all, and where there are equal
opportunities for a1L
1. Make recommendations, whenever necessary, to the City Council to ensure differences
are considered in the decision-making process. By working closely with the City
government, the Diversity Commission can continue to promote and support the City's
Diversity pragrams.
Commissioners will make efforts to attend the monthly council committee meetings in order
to build relationships and diversity awareness. Members will take turns attending meetings to
provide possible comments or input on upcoming relevant policies as they pertain to
diversity issues.
2. Develop and support project(s) considered community tasks that promote the mission
and purpose of the Diversity Commission.
The Commission will support, organize, and provide community forum(s) to achieve the
Brand Promise. The promise to convey to the community is that the Diversity Commission is
interested in improving communication and providing opportunities to all for equal access to
information. The Commission plans on three forum(s), one per each quarter, and will delve
into topics considered relevant to the community. The purpose is to solicit feedback and
insight into the multicultural communities within Federal Way.
Other potential tasks the Commission will support are:
o Martin Luther King Community Celebration
o Book Drive
o Community Garden
o Food Drive/Community Service Projects
Diversity Commission
2010 Work Plan
Page 2
3. Conduct outreach and public education efforts within the Federal Way community.
Inform the public, through various means, on the Diversity Commission's mission,
purpose, and activities in Federal Way.
Potential Tasks
Community forum(s) that will provide a platform for Commissioners to listen and get
feedback from the residents of Federal Way.
Other communication vehicles that might be explored include:
o Utilize media resources (i. e. Channe121), the City's website, and other methods
to get the word out.
o Conduct community presentations to various civic organizations (i.e. Rntary,
Kiwanis, etc.) explaining the role of the City in support of a community united
amidst diversity.
o Create and distribute the diversity materials within the City of Federal Way to
ensure that equality is not sameness but equivalent value.
o Develop written articles for local newspapers that highlight success stories of
individuals/families being supported by the Diversity Commission work plan.
4. Develop partnerships with churches, human services �gencies, schools, and other
potential stakeholders to increase coordination, marketing, and outreach efforts to
promote awareness and collaboration around diversity issues.
Create synergy with various communities leading to strong relationships and identification of
those communities' leaders.
Potential Tasks
Explore other funding sources and opportunities for the Diversity Commission in
order to promote the Commission's purpose and mission.
E�cplore efforts to increase collaborating and promoting joint efforts with other city
commissions and community partnerships that promote the mission and purpose of
the Diversity Commission.
COUNCIL MEETING DATE: November 1'7, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
Sus.TECT: 2010/2011 Hiunan Services Commission Work Plan
POLICY QUESTION: SHOUI.D THE CTl'Y OF FEDERAL WAY ACCEPT THE HiJMAN SERVICES CONIMISSION WORK
PLAN FOR 2010/2011?
COD'IlVIITTEE: PRHSPS
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETIlVG DATE: NOVember 10,
2009
Public Hearing
Other
STAFF REPORT BY: LYNNETTE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development
Services De�artment
Attachments:
Memorandum to PRHSPS Council Cornmittee October 26, 2009.
2010 and 2011 Human Services Commission Work Plan.
Options Considered:
1. Recommend approval of the 2010/2011 Huinan Services Commission Work Plan.
2. Do not Recommend approval of the 2010/2011 Hiunan Services Commission Work Plan
3. Amend and approve the proposed 2010/2011 Hiunan Services Commission Work Plan.
STAFF RECOMNIENDATION Option 1 is recommended.
CTTY MANAGER APPROVAL: jfyy, d IItECTOR APPROVAL:
Committee Councit C ommit�ee Council
PROPOSED COUNCIL MOTION "I move approval of option V''
(BELOW TO BE COMPLETED BY CITY CLERXS OFFICE)
COLJNCIL ACTION:
APPRO VED COUNCIL BILL
DENIED I reading
TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02/06/2006 RESOLUTION
COMMITTEE RECOMMENDATION: "I MOVE TO APPROVE OPTION
�.t.
��rv
MEMORANDUM
Date: October 26, 2009
From: Lynnette S. Hynden, Human Services Manag
To: PRHSPS o cil Committee
Via: Greg Few���Community Development Services Director
Sub�ect: 2010/2011 Human Services Comrrussion Work Plan
Background
Each year the Human Services Commission develops an annual Work Plan that directs their activities for
the year. This year the Work Plan was delayed due to the delay by HLJD in directing our CDBG dollars to
King County and then King County administering them to our city.
At the Commission's August 2009 retreat, they developed and approved the attached proposed 2010/2011
Work Plan. The recommended change to a two year work plan cycle coincides witk the Commission's
primary function to make funding recommendations to Council. The Human Services General Fund grants
are awarded every two years. The GDBG program dollars are also awarded every two years. It is the
CDBG capital grants that are awarded yearly; however, timing of when we receive the final go ahead to
start the capital project funding is driven by the Federal Government and is not predictable.
Over the ne� two years, the proposed primary actives include, but are not limited to, the following:
Make a recommenda.tion whether the City of Federal Way should receive its CDBG Community
Development Block Grant funds directly from HUD or remain a Joint Agreement City under the
King County Consortium umbrella for another 3-year contracted term.
Update the Human Services Divisional Consolidated Plan for 2011.
Conduct the 2010/11 CDBG program services and 2011 capital allocation process culminating in
funding recommendations to the City Council.
Conduct the 2011/12 Human Services General Fund allocation process and make funding
recommendations to the City Council.
The Work Plan is attached for your review.
Human Services Commission Recommendations:
On October 19, 2009 the Commission approved staf�s recommendation by adopting the attached Work
Plan.
Staff Recommendation:
Approve the 2010/11 Human Services Commission Work Plan, Option 1, and forward to the full Council
for approval at the November 20, 2009 City Council Meeting Consent Agenda.
City of Federal Way
Human Services Commission
2010 and 2011 Work Plan
1. Make a recommendation to the City Council to determine the Community Development
Block Grant (CDBG) funding options. The recommendation will explore whether or not
to become a direct entitlement City or stay in the King County Consortinm for three-
year contractual terms. This will have to be completed before the current contract
expires in 2011.
Tasks
Review the preliminary evaluation of the proposed 2011/12 budget, as part of the
decision to become a direct entitlement City.
IDetermine appropriate funding levels for staff salaries, expenses, and revenues.
Review any proposed changes to the Joint Interlocal Agreement regarding the CDBG
program.
Recommend to the City Council whether the City should become a direct entitlement
city or not.
Update the City of Federal Way's Human Services Consolidated Plan and recommend
the final product be adopted by the City Council.
2. Conduct the 2011/12 CDBG public services and 2011 capital allocation process and
make funding recommendations to the City Council.
Tasks
Review estima.ted funding available.
Review and evaluate applications.
Conduct applicant interviews as needed.
Hold a public hearing on CDBG recommenciations to obtain citizen input.
Deliberate and make funding recommendations to the City Council.
Develop survey for agencies to evaluate the CDBG application process and review the
results from the survey.
3. Conduct the 2011/12 Human Services Grant allocation process and make funding
recommendations to the City CounciL
Tasks
Review estima.ted funding available.
Review and evaluate applications.
Conduct applicant interviews as needed.
Hold a public hearing on Human Services Grant recommendations to obtain citizen
input.
Deliberate and make funding recommendations to the City Council.
Human Services Commission
2011 and 2012 Work Plan
PaQe 2
4. Review the contract performance of Human Services and CDBG recipients.
Tasks
Review the quarterly reports submitted to the Human Services Division to evaluate the
contract performance of human service agencies and c�etermine if performance goals
are being met.
Invite and include funded agencies at monthly HSC meetings, which will allow
Commissioners to build relationships with grant supported programs.
5. Briefmgs for potential action or gain awareness on timely sub-regional, regional, and
federal trends and activities pertaining to CDBG and Human Services.
Task
Receive monthly briefings from the Human Services Manager on participation,
activities, and action taken while representing either the City of Federal Way or South
King County.
6. Work closely with all levels of City government to promote continued support of the
City's Human Services Program.
Task
As necessary, attend the Parks, Recreation, Human Services, and Public Safety
(PRHSPC) Council Committee and City Council meetings.
7. Conduct outreach and public education efforts within the Federal Way community and
inform the public, through various means, on the human service activities in Federal Way.
Tasks
Support two written articles for the local newspapers that highlight the success stories of
individuals/families being served through human service programs supported by the City.
Work with human service agencies receiving support from the City to highlight the
City's support.
Create subject matter committees that will have on-going dialogue with the community
and agency partners on topical issues impacting residents of Federal Way.
Communicate to the local community and agencies the commission's desire to have
current and reliable data to continually assess Human Services delivery gaps in the
community.
COUNCIL MEETING DATE: November 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM 7A REVISED
SUBJECT Special Election Dates far the Elected Mayor
POLICY QUESTION: KING COUNTY ELECTIONS SETS THE SPECIAL ELECTION DATES FOR THE MAYOR.
COMMITTEE: N/A
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE:
Public Hearing
Other
STAFF REPORT BY: PAT RICHARDSON, CITY ATTORNEY DEPT: Law
Upon certification by King County Elections the City's form of government will change to Mayor-Council under Title 35A,
Chapter 12 of the RCW. Under State Law the election for the Mayor must occur in 2010. In the last legislative session the
State Legislature limited the number of dates for special eiections.
If there are three or more candidates for the Mayor position, there will be a special primary election and a special general
election. The City Council can select the election dates for the elected Mayor to go to the voters (see attached letter from
King County).
The following 3 dates are available:
3.
Apri127, 2010, special general election
a. If needed, the special primary election would be February 9, 2010
b. King County needs to know before December 9, 2009 as the filing period would be December 9, 10, 11,
2009.
August 17, 2010, special general election
a. If needed, the special primary election would be Apri120, 2010.
November 2, 2010, S'tate general election
a. City Clerk transmits certified ordinance regarding change of government to the Secretary of State in 2010.
b. If needed State primary election would be August 17, 2010.
A proposed Resolution is attached.
King County has not yet provided an estimated cost of the special election(s) in 2010.
Options Considered:
1. Pass a resolution establishing the election for Mayor be set for Apri127, 2010, special general election.
2. Pass a resolution establishing the election for Mayor be set for August 17, 2010, special general election.
3. Pass a resolution establishing the election for Mayor be set for November 2, 2010, State general election.
4. Do not take formal action at this time. Renote matter for further discussion on the December 1, 2009
council meeting agenda.
STAFF RECOMMENDATION: n/a
/1 1
CITY MANAGER APPROVAL: �f� DIRECTOR APPROVAL:
Committee Council Committee Council
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:
"I move approval of Option Number
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED 1sT reading
TABLED/DEFERRED/NO ACTION EnaMment readi�
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED— 02/06/2006 RESOLUTION
K:�agenda item\counciA2009Unayor election dates revised
a
King County
Department of Elections
Sherril Huff, Director
RNT-EL-01U0
9010 E. Margina( Way S.
Tukwila, WA 98108
206-296-154p 'i"TY Relay: 711
www.kingcou nry. gov/elettions
November 16, 2009
Carol A. McNeilly
City Clerk
City of Pederal Way
33325 8th Avenue Sauth
PO Box 9718
Federai Way, Was�ington 98063-9718
Re: Change of Government and Election of Of�icezs
Dear Ms. McNeilly:
Thank you for your recent inquiries regazding the election dates for new city officers should the
Federal Way change of government proposition pass. As you know, the measure is currently
passing so it is important for both the City and the County to begin prepari.ng for the election of the
new officers.
I know that you and your city attorney have been looking at RCW 35A.02.050 which addresses the
election of new off cexs when a city reorganizes under a different general plan of government. That
sta#ute refers to the prior version of RCW 29A.04.330 and special election dates for cities. Under
RCW 29A.04.330, a city calls a special election by presenting a resolution to the Electzons Director.
Based on this stah�te, King County Elections is awaiting direction from the City of Federal Way in
the form of a resolution for the election dates for the new officers. As you are aware, the law
requires that a primary precede the election of the officers_
If the City of Federai Way chooses to have the primary on Febrnary 9 and the election on Apri127,
the statute requires that the resolution be filed with King County Elections by December 23.
However, because we will need to hold a special three-day filing period, we will need to lrnow
before December 9 if the City intends to have the elections in February and April. We will then
plan to hold the three-day filing period on December 9, 10, and 1 l.
If the City chooses to have the primary on Apri127 and the election on August 17, the statute
requires the resolution to be filed with King County Elections by March l2. We will determine the
dates for #he three-day filing period at that time.
Carol A. McNeilly
City Clerk
November 16, 2009
Page 2 of 2
Please feel free to contact me if you have any questions. I look forward to receiving the City's
resoIution regarding the election da#es.
Sincerely,
Sherril Huff
Elections Director
cc: Peter Beckwith, Federal Way Assistant City Attorney
Janine Joly, King County Senior Deputy Prosecuting Attorney
Sandy McConnell, Program Mana.ger, Elections Operations
Janice Case, Elections Operations Supervisor
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, calling for a special election to be held on
2010, for the election of the Mayor.
WHEREAS, the City of Federal Way, Washington was formed in February 1991 as a
noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and
WHEREAS, a petition sufficient in form and signatures was previously filed with the City
Clerk of the City of Federal Way petitioning that the City of Federal Way abandon its Chapter
35A.13 RCW noncharter code city Council-Manager ("Council-Manager") form of government and
reorganize as a Chapter 35A.12 RCW noncharter code city Mayor-Council ("Mayor-Council") form
of government; and
WHEREAS, pursuant to Resolution No. 09-554, the issue of reorganization was submitted to
the registered voters of the City of Federal Way in a general election held on November 3, 2009; and
WHEREAS, the majority of the votes cast were in favor of reorganization of the City of
Federal Way as a Mayor-Council form of government; and
WHEREAS, pursuant to said election results the City of Federal Way shall abandon its
current Council-Manager form of government and reorganize as a Mayor-Council form of
government as provided in RCW 35A.06.060 and shall hold municipal elections for a Mayar
pursuant to RCW 35A.02.050; and
WHEREAS, in order to hold said elections, RCWs 35A.02.050 and 29A.04.330 require that
the City of Federal Way submiY a resolution to the King County Auditor requesting a special
election.
Resolution No. 09- Page 1 of 3
Rev 3/09
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Schedulin og f a Special Election Pursuant to RCW 35A.02.050. A special
election for the purpose of electing the City of Federal Way Mayor shall be held on
2010. The special election shall be preceded by a primarily election on 2010, if so
required.
Section 2. Duties of the Citv Clerk. The City Clerk is directed to forward a copy of this
Resolution to the King County Auditor.
Section 3. Severabilitv. If any section, sentence, clause or phrase of this resolution should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 4. Corrections. The City Clerk and the codifiers of this resolution aze authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution 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 resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective upon passage by the Federal
Way City Council and certification by King County Elections that the majority of the votes cast in
the November 3, 2009, elections were in favor of reorganization of the City of Fed�ral Way as a
Mayor-Council form of government.
Resolution No.09- Page 2 of 3
Rev 3/09
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of 2009.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No.09- Page 3 of 3
Rev 3/09
COUNCIL MEETING DATE: November 17, 2009 ITEM b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY MANAGER RECRUITMENT
PoLICY QuESTTO1v: Should the Ciry Council amend the agreement with Prothman to conduct the City
Manager Search since the voters have apparently approved Proposition 1, which changes the City's form of
govermnent from Council-Manager to Mayor-Council anticipated to be effective in May 2010?
COMNIITTEE N/A
CATEGORY:
Consent
X City Council Business
Ordinance
Resolution
MEETING DATE N/A
Public Hearing
Other
STAF REPORT BY M ary McDo ugal DEPT Hwnan Reso�ces
In August 2009, the CSty Council entered into an agreement with Prothman to conduct a search for a City Manager. The
agreement was amended in September 2009 to reflect a revised timeline for the search due to the change of government petition
on the November 3, 2009 general election ballot. The revision ea�tended the recruitment period after the election so the results of
the ballot measure would be la�own. While the election results have not been certified, it appears that Proposition 1, which
changes the City's form of government from Council-Manager to Mayor-Council is passing.
Attachments: Prothman Agreement
Possible Options:
1) Amend Prothman agreement scope of services, including Hmeline, as specifically directed.
2) Terminate the agreement by providing thirty (30) days notice as set forth in Section 3 of the agreement
31 Other
STAFF RECOMbIENDATION N/A
/I /0
CITY MANAGER APPROVAL: ,�I DIRECTOR APPROVAL: IwV►�v
Committee Council Committee Council
COMNIITTEE RECOMMENDATION: N/A
Co mrrri tt e e C hair Committee Member Cornrrrittee Member
PROPOSED COUNCII., MOTION `7 move approval of
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED 1
TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02/06/2006 RESOLiTTION
RETC7RN TO:
OF FED�'R.AL WAY LAW DEPARTMENT
RE UEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROU S LIP
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON:
EXT: 3. DATE REQ. BY:
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE)
CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
�O�UBLIC WORKS CONTRACT D SMALLPUBLIC WORKS CONTRACT
.�T PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT
o GOODSANDSERVICEAGREEMENT HUMANSERViCESICDBG
REAL ESTATE DOCUMENT O SECURITY DOCUMENT (E.c. sorm�Ln
ORDINANCE RESOLUTION
CONTRACTAMENDMENT(AG#):
0 OTHER
5. PROTECT NAME:
6. NAME OF CONTRACTO]
ADDRESS: .�p
SIGNATURE NAME:
�TELEPHONE a[�Io �.�oX �-Ct�50
TITLE ��.1
7. EXHIBITS AND ATTACHMENTS: scoPE WORK OR SERVICES O COMPENSATION O INSURANCE REQUIREMENTS/CER"fIFICATE O ALL
OTHER REFERENC�D EXHIBTfS PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES PRIOR CONTRACT/AMENDMENTS
S. TERM: COMMENCEMENT DATE: v I O� COMPLETTON DATE: ��ec_ex�b�.�r 3 d�C.C1;
9. TOTAL COMPENSATION (INCLUDE E}�ENSES AND SALES TAX, IF ANY�
(IF CALCULAfED ON HOURLY LABOR C GE -ATTACH SCHEDUI,ES OF EMPLOYEES TITL�SAND HOLIDAY RATES}
REIMBURSABLE EXPENSE: ('k(�s O No �F vFS MAXIMUM DOLLAR AMOUNT: LO�C70
IS SALES TAX OWED O YES NO IF YES, PAID BY: O CONTRACTOR CITY
'`�PURCHASING: PLEASE CHARGE TO: d0I L C� v
10. CONTRACTREVIEW INITIAL/DATEREVIEWED tMTIAL/DATEAPPROVED
PROJECT MANAGER
Ct�DIRECTOR
�SIGNATORY (cM ACM, OR DIRECfOR)
RISK MANAGEMENT (g' apPLICnaLE)
�yt.aw og
I 1. CONTRACT SIGNATURE ROUTING
SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
ATTACH: SIGNATURE AUTHORITY, 1NSURANCE CERTIFICATE, LICENSES, EXFTIBTfS
INITIAL DATE SIGNED
�LAW DEPARTMENT
SIGNATORY (ci�1 ACM, OR DIRECTOR) SvM�
y�CITY CLERK '170�1
ASSIGNED AG# AG# �j 7
SIGNED COPY RE"IIJRNED DATE SENp ��'��QaI �YY1
COMMENTS: L 8!
cj`�.� J �"1
4!9
�ITY UP
Y YG�
CITY HALL
33325 8th Avenue South PO Box 9718
Fede�a! Way, WA 98063-9718
(253) 835-7000
t�v. atyrotl�cYero7wayccun
PROFESSIONAL SERVICES AGREEMENT
FOR
EXECUTIVE SEARCH FOR CITY MANAGER POSITION
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and Prothman, a Washington Corporation ("Contractor"). The City and Contractor
(together "Parties") are located and do business at the below addresses which shall be valid for any notice required
under this Agreement:
PROTHMAN: CITY OF FEDERAL WAY:
Greg Prothman Mary McDougal
3633 136�' Pl. SE, Suite 206 33325 8�' Ave. S.
Bellevue, WA 98006 P.O. Box 9718
Federal Way, WA 98063-971$
(206)_368-0050 (telephone) (253) 835-2530 (telephone}
(206) 368-0060 (facsimile) (253) 835-2509] (facsimile)
e rothman.com M .McDou al cit offederalwa .com
7he Parties agree as follows:
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the
date of mutual execntion, and shall continue until the completian of the Work, but in any event no later than December 31,
2010 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the
City and the Contractor.
Z. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto
and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other
similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's
satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her
designee. The Contractar warrants that it has the requisite training, skill, and experience necessary to provide the Services
and is appropriately accredited and licensed by all appticable agencies and governmental entities, including but not limited to
obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this
Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or
delay in making) such inspection or approval shal] not relieve Contractor of responsibility for performance of the Services in
accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its
substantiality or the ease of its discovery.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other
party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the
Contractor fails to maintain required insurance poIicies, breaches confidenGality, or materially violates Section 12; and such
may result in ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount In return for the Services, the Ciry shall pay the Contractor an amount not to exceed a m�imum
amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference.
The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in
Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a
result of the performance and payment of this Agreement.
PROFESSIONAL SERVICE AGREEMENT 1- PSA Corp Council3/31/09
CITY pf
���l�r�l
CITY fiAlL
r l 33325 8th Avenue S�ufh PO Box 9718
Y ti �ederal Way, WA 98063-9718
�233) 835-70W
tnitv�v cltyoflederakvay ttxn
4.2 Method of Pavment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form
specified by the City, including a description of what Services have been performed, the name of the personnel performing
such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon
comp]etion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been
performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or
invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to
comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the
Agreement.
43 Non-Aparonriation of Funds. Tf sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred
after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for
which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies.
5. INDEMNIFICATiON.
5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, ta�ces, losses, �nes, fees, penal6es expenses, attorney's fees, costs, and/or litigation expenses to or by any and all
persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting
from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this
Agreement, except for that portion of the claims caused by the City's sole neg]igence. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 424_115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, the Contractor's liability hereunder shall be only to the e�ent of the Contractor's negligence. Contractor shall
ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor
pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or beneftts payable to or by any third party under workers' compensation acts, disability
benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver.
5.3 CitY Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, eniployees, agents, representatives, and sub-contractors harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, losses, fines, fees, penalties expenses, attomey's fees, costs, and/or litigation expenses to or by any and all persons
or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or
connected with this Agreeme�t to the extent solely caused by the negligent acts, errors, or omissions of the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE.1fie Contractor agrees to carry insurance for liability which may arise from or in connection with the
performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as
provided in Exhibit "C" attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter
with respect to any cvent occurring prior to such expiration or termination. The provisions of this Section shall survive the
expiration or termination of this Agreement.
PROFESSIONAL SERVICE AGREEMENT 2- PSA Corp Council 3/3l/09
c�rv o�
�+�d�r�l
cmr r�,��
j�� 33325 8th Avenue South PO Bax 9718
Federa{ Way, WA 98063-9718
(263) 835-7D�
s�.vw alyvllecieraTiray com
7. CONFIDENTIALiTY. Al) information regarding the City obtained by Contractor in performance of this Agreement
shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for
immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The
Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records
disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor
while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and
files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the
expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of
Contractor shalt be delivered to the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently
and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting
procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to
this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its
authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR The Parties intend that the Contractor shall be an independent contractor and
that the ConVactor has the ability to control and direct the performance and details of its work, the City being interested only
in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave,
vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of
employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents,
and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All
work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due
except as specifically provided in Section 4. Industrial or any other insurance that is pwchased for the benefit of the City,
regardless of whether such may provide a secondary or incidentat benefit to the Contractor, shall not be deemed to convert
this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an
individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of
Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do
so.
I1. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professionai services
during the Term for other parties; however, such performance of other services shall not conflict with or interfere with
Contractor's ability to perform the 5ervices. Contractor agrees to resolve any such conflicts of interest in favor of the City.
Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or
employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or
evaluating the Contractor's performance.
12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made
possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contraetor or its
subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person
because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital
status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide
occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the
following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60
RCW, Title VI of the Civil Rights Aet of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of
1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-
discrimination.
PROFESSIONAL SF.RVICE AGREEMENT 3- PSA Corp Council3/31/09
��'+��l+�ral 11'�!a
13. GENERAL PROVISIONS.
CITY FiALL
33325 8th Avenue South PO Box 9798
Federal Way. WA 980b3-9718
(253)835-7000
cvaviv atyvlle�cde�aAv�y c�c�!n
13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shail be effective for any purpose. Should any language in any Exhibits to this
Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions
of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or
otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid,
inoperative, nuil and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions
shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is
consistent with the authoriry of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having
been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived,
or modified except by written agreement signed by duly authorized representatives of the Parties.
13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign,
in whole or in part, any or ail of its obligations and rights hereunder without the prior written consent of the other Party. If the
non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect
and no further assignment shali be made without additional written consent. Subject to the foregoing, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and
assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or
entity shall have any right of action or interest in this Agreement based on any provision set forth herein.
133 Com�liance with Laws. The Contractor shall comply with and perform the Services in accordance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations,
rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's
Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this
Agreement may be rendered null and void, at the City's option.
13.4 Enforcement Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the
Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in
the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the
terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City
at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements
contained in this Agreemen� or to exercise any option conferred by this Agreement in one or more instances shall not be
construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect. Failure or delay of the City to declare any breach or default immeJiately upon occurrence shall not
waive such breach or default_ Failure of the City to declare one breach or default dces not act as a waiver of the City's right
to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the
laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this
Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in
any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and
federal courts in King County, Washington and waives a�y objection that such courts are an inconvenient forum. If either
Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and
expenses incurred in defending or bringing such ctaim or lawsuit, including all appeals, in addition
to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
PROFESSIONAL SERVICE AGREEMENT 4- PSA Corp Council3/31/09
CITY qF
\.r1 �r
crrY Hr��
33325 8th Avenue South PO Bax 9718
Federal Niay, WA 98063-9718
(253) 835-7000
�envtv. crtyvfledervkvay tnm
13.5 Execution. Each individuai executing this Agreement on behalf of the City and Contractor represents and
warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in
any number of counterparts, each of which shall be deemed an originai and with the same effect as if all Parties hereto had
signed the same document. AII such counterparts shall be construed together and shall constitute one instrument, but in
making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages
from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and
a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a
counterpart of fhis Agreement shall be the "date of mutual execution" hereof.
[Signature page follows)
PROFESSIONAL SERVICE AGREEMENT 5- PSA Corp Council3/31/09
C17Y OF
Federal
CITY HALL
33325 8th Avenue South PO Box 9718
a Federal Way, WA 98063-9718
(253) 835-70D0
www. cf yallederohvc+y. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
Brian Wilson terim City Manager
ATTEST:
City Clerk, Carol Mc eilly, C
APPROVED AS TO FORM:
DATE: gf O�pl�j
PrintedName��\7 r q �k'o
Title: �Y� e S i d e
DATE:
STATE OF WASHINGTON
ss.
COUNTY OF
�a�� ���s..��-
City Attomey, Patricia A Richardson
On thi da personally appeared before me ���rvwv� to me known to be the
47(�es� of r�b�r� �np a�y that executed the foregoing
instrument, and acknowledged the said instrument to be the free d voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this 30�'` day of 2009.
t#M1ANT W MIUAI!1!3
�AqE OP WI�tMN01�b1�
Nt3TARY P111l1.i�
�11►l:t��l(l1�1 Eld�M��
Od-07•/Z
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires a8-��"12
PROFESSIONAL SERVICE AGREEMENT 6- PSA Coro Council3/31/09
CITY OF
ir Y Y
1
EXHIBIT "A"
SERVICES
C(TY HALL
33325 8th Avenue 5outh PO Box 9718
Festeral Way, WA 98063-9718
(253)s35-7000
:�w.aryafleden�M�!can
The Contractor shall do or provide the following:
August 2009
Week of August 24, 2009
September l5, 2009
Beginning September 16, 2009
Week of October 25, 2009
Week of November 2, 2009
November 9 and 16, 2009
December l, 2009
Week of December I4, 2009
Interview Council and Management Team
Interview stakeholders as identified by Council
City Council approve position profile
Begin advertising position
Begin review of applications
Status report and candidate materials to Council
Work session to select semifmalists
Interview semifinalists
Select finalists
Begin background checks
Final interviews
The above timeline may need to be adjusted depending upon the schedules of City Council
2. In the event the successful candidate is terminated for cause within twenty-four (24) months from the
employment date, Contractor will conduct a replacement seazch at no additional professional fee.
Expenses incurted with be reimburse.
PROFESSIONAL SERVICES AGREEMENT 1- PSAExh3/31/09
�ITY OF
����r
CI7Y HAIL
w,�� 33325 8th Avenue South PO Box 9718
y Fe�leral Way. WA 98n63-9718
(253) 835-70D0
wwrv uryof(edaraAve�y com
EXHIBIT uB"
COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor a flat professional fee
of Twenty-two Thousand and Five Hundred and No/100 Dollars ($22,500.00), estimated reimbursable expenses
as set forth below not to exceed Six Thousand and No/100 Dollars ($6,000.00), and Bellevue and Washington
State B&O tax on the reirnbursable expenses equal to One Hundred Eighty and No/100 Dollars ($180.Q0) for a
total amount not to exceed Twent}r Eiaht 7'housand Six Hundred Eighty and No/l00 Dollazs ($28,680.00)).
Reimbursable Eapenses.
The actual customary and incidental expenses incurred by Contractor in performing the Services ineluding
advertisin�, mailing, delivery, printing of materials, travel, City required fees and other reasonable costs;
provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed
Six Thousand andNo/l00 Uollars ($6,000.00). This amount may increase depending upon the location of the
candidates.
2. In the event the City Council directs the Contractor to conduct a one day site visit for candidates, the cost is
an additional One Thousand Five Hundred and No/100 Dollars ($1,500.00) for each visit. The parties agree that
the contract will be amended to reflect the added cost.
PROFESSIONAL SERVICES AGREEMENT 2- PSAExh3/31/09
c�TV o�
r .�r
EXHIBIT "C"
INSURANCE
cirr t�a,��
33325 8th Avenue S�uth PO Box 9718
�eaerai way wa saos�-e74a
(253) 835-7000
wn�w aryofleden�Ar�y. can
1. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such
carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death,
property damage, products liability, advertising injury, and liability assumed under an insured contract with
limits no less than $1,000,000 for each occurrence and 51,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sui�cient pursuant to the
laws of the State of Washington;
c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law
per accident for bodily injury, including personal injury or death, and property damage.
2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to
any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the C�ty shall be
excess of the Contractor's insurance and shall not contribute with it.
3_ The City shall be named as additional insured on all such insurance policies, with the exception of any
professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state-
run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the
execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all
inswance policies and with evidence of payment of premiums or fees of such policies. All insurance policies
shall contain a clause of endorsement prov�dmg that they may not be terminated or materially amended during
the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's
insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum
period of three (3) years from the date this Agreement is actually terminated or upon project completion and
acceptance by the City.
PROFESSIONAL SERVICES AGREEMENT 3- PSAExh3/31/09
ACORD_ CERTIFICA E OF LIABILITY INSURANCE oP�o �J$ DATE(MWDD/YYYY)
PROTH-1 07 30 09
PROOUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ROG&RS 6 NORMP.N, INC. �j� ONLY AND CONFERS NO RIGNTS UPON THE CERTIFICATE
The Wes tin Building HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2001 Sixth Avenue Ste 2717 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Seattle WA 98121 3
Phone:206-443-2600 Fax:206-441-6752 ERSAFFORDINGCOVERAGE NAICN
INSURED
INSURER A: RartLoxd G�nalty Iae Ca�aany
INSURER B: garttezd Ued�xrrriGri Ina co
The Greq Prothman C om tan INSURERC: rhilaelolphia inarmity i�u co
3633 13sth Placc SE S�FZO� INSURERD:
Bellevue WA 98006
INSURER E:
COVERAGES
THE POLICIES OF INSUR/WCE USTED BELOW HAVE BEEN ISSUED TO TFIE INSURED NAMED ABOVE FOR THE POIICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMEN7 WfTH RESPECT 70 WHICH THIS CERTIFICATE MAV BE I�UED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC7 TO ALL THE TERMS, EXCLUSIONS AND CONORIONS Of SUCH
POUCIES. AGGREGATE IIMITS SHOWN MAY HAVE BEEN REWCED BV PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER i DA MM�D P DA E MM UMITS
GENERALUABILITY EACHOCCURRENCE S lOOOOOO
A X COMMERCL4LGENERAlL1ABILITY 52SBAVW2854 02/01/09 02��1�1� pREMISES Eaouarrence S 30����
CLAIMSMADE a OCCUR �p�p(q� 10000
I
�soru�anoviwuRV S 1000000
GENERAIAGGREGATE S 2000000
6EN'LAGGREGATEUMITAPPLIESPER PRODUCTS-COMP/OPAGG 3'lOOOOOO
POIICY jE�T LOC
AUTOMOBILE LUIBILITY
CAM&NE031N6LELIMR Z lOOOOOO
8 ANYAUTO 52UECTR1526 10/28/OB 10/28/09 �B L
ALL OWNED AUTOS I
I BODIIY INJURY
X SCHEDUIED AUTOS I D�I
X HIRED AUTOS
BODIIV INJURY
X NON-0WNEDAUTOS �P���U
PROPERTY DAMAGE s
(Per accidentJ
r 'A�� AUTO ONLY EA ACCIDENT S
ANY AUTO EA ACC S
OTMERTHAN
AUTO ONLY: AGG s
EXCESSNMBRELLA LUIBILITY EACH OCCURRENCE S
OCCUR CWMS MADE AGGREGATE S
S
DEDIICTIBLE
S
RETENTION S s
WORKERS COIdPENSATION AND I Tp�, X�
A EMPLOYERS'LIABILITV 52SBAVW2854 02��1��9 Q2 Qj 1Q E.L.EACHACCIDENT S 1 �0�
ANY PROPR�TOFUPARTNER/D(ECUTIVE I I
OFFICER/MEMBERFJ(CLUDED7 E.LOISEASE-EAEMPLOYE S 1 OOO OOO
Ifyes desaibe under EL DISEASE POLICY UMIT S OOO OOO
SPECIAL PROVISIONS below
OTiIER
C�Professional Liab PHSD282208 09/26/08 09/26/09 Per Claia 1,000,000
Claima Made Fozm re ate 1 000 000
DESCRIPTION OP OPERATIONS LOCATIONS I VEMICLES EXClUS10NS ADDED BY ENDORSEMEHT/ SPECIAL PROVISIONS
Certificate holder is Additional Insured as required by contract per £orn SS
00 08 04 05 Gonaral Liability Covorge is primary, noa-coatributory
CERTIFICA7E HOLDER CANCELLATION
City of Federal
City Hall
Mary McDougal
PO Box 9718
Federal Way WA
Way
98063
SNOUlO ANY OF THE A90VE DESCRIBED POUCIES BE CANCELLED BEFORE iHE F�IRATIO
DATE THEREOF, THE ISSUMIG INSURER YNLL ENDEAVOR TO AAAIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMEG TO TNE LEFT, BUT F/ULURE TO DO SO SNALI
IMPOSE NO OBLIGATON OR LIABILiTY OF ANY I(IND UPON THE IN4URER RS AGENTS OR
ou-r�-�
ACORD 25 (2001/08) p ACORD CORPORATION 1988
IMPORTANT
If the cert'rficate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certrficate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does �t confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Ce�cate of Insurance on the reverse side of this form does not �nstitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor dces it
affirmatively or negatively amend, extend or alter the coverage afforded by the poliaes listed thereon.
ncvRO zs �zoovos�
��€>t�s��'��:(? t�f�_�:�..{��}
City of Federal Way
CITY MANAGER
Recruitment
DRAFT PROJECT SCHEDULE
Stakehoider Interviews
Delivery of draft Position Profile
Approve the Position Profile
Begin advertising
First Review of Applications by Prothman
Status report candidate materials to Client
First work session (selection of semifinalists)
Semifinalists interviews
Second work session (selection of finalists)
Reference checks, Background checks
Final interviews
Weeks of August 17th 24th, 2009
Week of September 7th, 2009
September 15th, 2009
Week of September 21st, 2009
November 22, 2009
Week of November 23rd, 2009
December 1, 2009
Weeks of December 7th 14th, 2009
January 5, 2010
Weeks of January 11th 18th, 2010
Week of January 25th, 2010
*Boldfaced items denote dates where client decisions or meetings are required.
�R+077=lMAN
COUNCIL MEETING DATE: November 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUBJECT: TRANSPORTATION BENEFIT DISTRICT
POLICY QUESTION Should the City support ihe formation of a countywide Transportation Benefit District that would
impose a non-voted vehicle licensing fee?
COMMITTEE N/A
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE: N/A
Public Hearing
Other
STAFF REPORT BY: BT11ri W1IS011, IIIteTiTTI Clly MBllageT DEPT City Manager's Office
Attachment; Letter from Kurt Triplett, King County Executive, dated November 3, 2009.
Background:
The City received a letter from King County Executive Kurt Triplett inquiring as to the City's interest in supporting a county-wide
Transportation Benefit District (TBD). The TBD legislation requires that before King County can form a TBD, it must first
attempt to form a countywide TBD in collaboration with its cities regarding the distribution of a non-voted vehicle licensing fee
(VLF) proceeds. A county TBD must include 60 percent of the cities representing 75 percent of the county's incorporated
population. Federal Way may independently establish its own TBD. Other cities that have established their own TBD include Des
Moines, Lake Forest Park, and Shoreline: The issue for �consideration in support of the county-wide TBD would be the terms and
conditions under which the VLF proceeds' wiIl be distributed. Due to I�ing Coun'ty's budget crisis, notification of the City's
decision to support or not is needed by November 18, 2009 to meet King County's legislative process.
Options Considered:
Support the county-wide Transportation Benefit District and direct staff to negotiate the terms and conditions under
which the VLF proceeds wiil be distributed and enter into an interlocal ageement with Kir►g County.
2. Do not support the county-wide Transportation Benefit District and provide direction to staff.
STAFF RECOMMENDATION: N/A
CITY MANAGER APPROVAL: ��✓I!'�. D RECTOR APPROVAL:
Committee Council Committee Council
COMMITTEE RECOMMENDATION N/A
N/A N/A N/A
PROPOSED COUNCIL MOTION:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BII,L
DENIED 1 ieading
TABLED/DEFERRED/NO ACTIOl�I Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02/06/2006 RESOLUTION
f
King County
Kurt Triplett
King County �xecutive
401 Flfth Avenue, Suite 800
Seattle, WA 98304-1818
206-26�-9600 Fax 206-296-0194
TfY Relay: 711
www.kingcounty.gov
November 3, 2009
Dear.King County Mayors:
Like local governments throughout the state, King County and many of our jurisdictions are
experiencing severe budget shortfalls, and a majority of our transportation needs remain
unfunded. One of the tools available to jurisdictions to raise transportation revenues is the
Transportation Benefit District (TBD).
As you may know, the TBD legislation requires that before King County can form a TBD,
which can impose a non-voted Vehicle License Fee (VLF), King County must first attempt to
form a countywide TBD in collaboration with its cities regarding the distribution of a
non-voted VLF proceeds. A countywide TBD must include 60 percent of the cities
representing 75 percent of the county's incorporated population. I understand the cities of Des
Ivloines, Lake Forest Pazk and Shoreline have already established TBDs using the non-voted
VLF. Because of our current budget crisis, King County has to act quickly.
Before I leave office at the end of this month, I intend to transmit an ordinance to the King
County Council to establish a TBD that will i�ave the authority to impose the non-yoted
approved VLF. Therefore, I need to know if your city would support the formation of a
countywide TBD that would impose a non-voted VLF. If not enough cities respond with
interest in supporting a countywide TBD, I will transmit an ordinance for the council's
consideration to form a TBD for unincorporated King County only.
On November 6, our Department of Transporta�ion will be meeting with city Public Works
Directors and others to discuss the possible formation of a countywide TBD. By November
18, I will need your city's formal response to this request so that I can transmit an ordinance
for the King County Council's consideration.
King Couney is an Bqual Opportunity/A�rmoefvs Attlon Employsr
and complits wt(h �hs Amsrtcana wf�h Dtsabtlttuu Act
King County Mayors
November 3, 2009
Page 2
Please respond to Doug Hodson, at 206-263-9619 or, at dou .hodson ,kin c�ountv.gov by the
November 18 deadline.
If no response is received by November 18, I will assume your city is not interested in joining
with us in a countywide TBD.
Thank you for your cooperation.
Sincerely,
Kurt Triplett
King County Executive
cc: City Managers
Public Works Directors
Doug Hodson, Transportation Manager, King County Executive Office
COUNCIL MEETING DATE: November 17�'', 2009 ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUB.TECT: Amendment of Ordinance 09-622, setting a new public hearing date.
POLICY QUESTION Should the Council amend Ordinance 09-622, setting a new date for the public hearing on
the special assessment roll of the North Lake Management District?
COMMITTEE N/A
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE N/A
Public Hearing
Other
STAFF REPORT BY: William Appleton, P.E., Surface Water Manager DEPT: Public Works
Dan Smith, Water Quality Program Coordinato
Attachments: Proposed ordinance amending Ordinance 09-622
Options Considered:
1. Approve the attached amended Ordinance 09-622, setting a public hearing date for December 15, 2009
for public comment on the assessment role for properties within the Lake Management District, and
move to the December 1, 2009, City Council meeting for enactment
2.__ Do not a�prove the amended Ordinance and�rovide _direction to staff.
STAFF RECOMMENDATION Staff recommends Option 1
CITY MANAGER APPROVAL: ,�j.W�I'�^ I� ��I���CTOR APPROVAL:
Committee Council Comrcrittee Council
COMMITTEE RECOMMENDATION N/A
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION:
1 Reading of Ordinance (November 17th, 2009): `7 move to forward amended Ordinance 09-622 to the
second reading for enactment on the December 1, 2009 City Council Ordinance Agenda.
2 Reading of Ordinance (December l 2009): `7 move to enact the amended Ordinance setting a public
hearing date for December ISth, 2009 forpublic comment on the assessment role forproperties within the lake
management district.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED I reading
TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02/06/2006 RESOLUTION
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 9, 2009
TO: City Council
VIA: Brian Wilson, Interim City Manager
FROM: william Appleton, P.E., Surface Water Manager
Daniel Smith Water Quality Program Coordinator
SUBJECT• Amendment to Ordinance 09-622, the Formation of the North Lake Management District
Number Two
BACKGROUND•
Upon creation of the Lake Management District by ordinance, the City Council is required to conduct a
public hearing to provide an opportunity for citizens to comment on the proposed assessment role for the
district per RCW 36.61.120. Ordinance 09-622 set the public hearing date on October 6`�, 2009, or
thereafter, and notice of the hearing date was sent to the property owners. However the public hearing
was inadvertently not held even though the resolution setting the assessment amount was under consent.
The proposed amendment to Ordinance 09-622 will set a new date for the public hearing of December
15"', 2009, thereby correcting the oversight and bring the Lake Management District formation process
back into alignment with the RCW. No impact to the formation of the District is expected as a result of
this inadvertent oversight.
cc: Project File
Day File
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
ORDINANCE 09-622 REGARDING THE CREATION OF
THE LAKE MANAGEMENT DISTRICT NUMBER 2 FOR
NORTH LAKE BY RESCHEDULING THE PUBLIC
HEARING ON THE ASSESSMENT ROLL FOR THE
DISTRICT.
WHEREAS, on February 24, 2009, the City of Federal Way received a petition for the
creation of a Lake Management District Number 2 for North Lake pursuant to RCWs 35.21.403
and 36.61; and
WHEREAS, Lake Management District Number 2 for North La.ke is ereated for the
purpose of generating revenue to provide ongoing aquatic vegetation management, water quality
monitoring, community education, and other related projects; and
WHEREAS, on Apri121, 2009, the City of Federal Way City Council passed Resolution
Number 09-544, declaring its intent to form a Lake Management District Number 2 for North
Lake; and
WHEREAS, the City of Federal Way City Council conducted a public hearing on June 2,
2009, for the purpose of accepting testimony in support of and in opposition to the creation of the
North Lake Management District. At the public hearing, testimony was provided by North Lake
Steering Committee members; and
WHEREAS, on June 16, 2009, the City of Federal Way City Council passed Resolution
Number 09-549, submitting the question of creation of Lake Management District Number 2 for
North Lake to the owners of property within the proposed lake management district including
owners of publicly owned land; and
Ordinance No. Page 1 of 4
WHEREAS, under RCW 36.61.090, a simple majority of the votes cast shall determine
whether the proposed lake management district shall be approved or rejected; and
WHEREAS, the ballots were tabulated on July 10, 2009, and the proposal to create a
Lake Management District Number 2 for North Lake has been approved by at least a simple
majority of the votes cast; and
WHEREAS, the ballots cast are available for public inspection at City of Federal Way,
33325 8 Avenue South, Federal Way, Washington;
WHEREAS, the City of Federal Way desires to create Lake Management District
Number 2 for North Lake and proceed with special assessments and performing lake
improvement activities;
WHEREAS, the City of Federal Way has established the 2004 North Lake Integrated
Aquatic Vegetation Management Plan (IAVMP) and subsequent Annual Reports (2005-2008)
forming the basis for the annual Lake Management District work plan and Lake Management
District management goals;
WHEREAS, the hearing notice requirements of RCW 36.61 will provide an opportunity
to evaluate the assessment role for each property within the district; and
WHEREAS, on September 1, 2009, Council passed Ordinance 09-622 that created the
North Lake Management District Number 2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance 09-622 Section 5. Public Hearing shall be amended to read as
follows:
Ordinance Na Page 2 of 4
Section 5. Public Hearing. A public hearing will be held by the Federal
Way City Council on December 5, 2009 at 7:00 PM or shortly
thereafter at the City of Federal Way City Hall, 33325 8` Avenue South, Federal
Way, Washington. At the public hearing, the City of Federal Way City Council
will consider the objections to the special assessment roll of the district, shall act
as a board of equalization, and may correct, revise, raise, lower, change, or
modify the special assessment roll or any part thereof, or set the proposed special
assessment roll aside and order a new proposed special assessment role be
prepared. The City of Federal Way City Council shall confirm and approve a
special assessment roll by adoption of a resolution. Notice of the proposed special
assessment, the procedure for filing written objections thereto, and notice of the
public hearing shall be mailed to the ta�cpayers of record of all property within the
district by the City of Federal Way pursuant to RCW 36.61.140.
Section 2. Severabilit� If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective
date of the ordinance is hereby ratified and affirmed.
Ordinance No. Page 3 of 4
Section 5. Effective Date. This ordinance shall be effective five days after passage and
publication, as provided by law.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this day of 2009.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. Page 4 of 4